An attorney for Center Street Restaurant Group, owners of Brett’s Waterway Cafe, is demanding a settlement for damages from the City of Fernandina Beach. Damages it claims as the result of negative publicity that the restaurant is not safe, the city’s failure to maintain its portion of the substructure and the loss of parking spaces.
Attorney John Tucker, in a letter to the city attorney, stated “As you are also aware, various actions by the city have and continue to violate and seriously interfere with Center Street’s rights under the lease. Most recently, these actions have included the City’s passing and implementation of Resolutions 2023-35 and 2023-49, which adversely impact the available parking at Brett’s, as well as the city’s public dissemination of a report that incorrectly suggests to the public that Brett’s is unsafe.
“These actions, which follow the city’s prior wrongful actions that included the city’s failure to maintain the portions of the leased premises’ substructure that the city is responsible to maintain, and the wrongful issuance of the notice of violation and consistent public statements thereafter that Brett’s was unsafe, have made it virtually impossible to continue the operation of Brett’s.”
Tucker then stated that, “Brett’s has determined that unless a settlement can be reached between Center Street and the city, Brett’s may be required to sue the city to recover the substantial damages it has and continues to suffer
“Attached for your reference is a current draft of the arbitration complaint which Plaintiffs anticipate filing in the event the city and plaintiffs are unable to reach an agreement. As you know, we previously discussed a settlement that would include the buyout of the remainder of the lease, but these discussions were unsuccessful.
“As you also know, we had asked that such communications be held confidentially so as to avoid further damage to Brett’s, which the city did not do, and instead used the discussions as a further opportunity to make additional unfounded public accusations regarding the safety of Brett’s.”
Tucker, who is with the law firm of Foley & Lardner, asks the city to attend a confidential mediation to try to reach an amicable resolution.
“We request this confidential process simply to limit further damaging publicity by the city wrongfully questioning the safety of Brett’s,” Tucker’s letter stated
The letter gave the city 10 days to respond to the request or the owners of Brett’s would proceed accordingly.
The supporting structure of Brett’s Cafe over the river has undergone numerous inspections by maritime engineering experts.
A June inspection approved by the city commission of the supporting substructure of Brett’s Waterway Cafe led experts Kimley-Horn to recommend that the restaurant and its adjoining deck be closed to the public until repairs could be made to make it safe.
The city has compiled numerous engineering reports detailing how severe the damage is to the undercarriage supporting the restaurant over the river. The city’s own coastal engineering expert, Charlie George – now serving as interim city manager — had declared the building unsafe last year.
At its March 7 meeting, city commissioners voted 3-1 to “take no further action to repair or demolish” the building, but to monitor the substructure annually and after storms.
Late last year then-City Manager Dale Martin told commissioners that a buyout of the Brett’s lease could cost $1.2 million or more. But afte a city election, the newly seated commission ended the lease buyout negotiations and then subsequently fired Martin in February.
This is so sad. Brett’s is one of the best things in Fernandina Beach. So mishandled by the City. Just fix the pier and keep Brett’s in place! This should not be hard. Nice city, but seems horribly mismanaged!
It’s questionable whether they can manage their personal checkbooks let alone the city’s.
Such simple suggestions for a complex problem. So you want the City to spend a million $+ to put a bandage on a structure that every engineering study (both City’s and Brett’s/CSRG) has said will provide only short-term stability with no way to engineer a permanent solution without demolition of the existing structure. Now that would be financial mismanagement. City receives about $12,000 a year in rent from CSRG while Centre Street Restaurant Group receives around $200,000 a year from Brett’s. With only a few years left on the lease, the writing is clear.
I suggest the City call Brett’s threat and then in discovery all the financial information will become public to see if Brett’s will be able to prove that they have suffered financial harm directly from the City’s actions.
New here to the site and wondering what the rules are for comment approval?
It is a tourist town. I am a tourist who comes to town. One of the reasons I get on a plane and fly from New York to Jacksonville is Brett’s. Without it, my interest in traveling to Fernandina Beach will decrease. I am sure I am not the only one.
Again, from what I read and what I see when I am there, it seems like no one there knows how to manage a city.