Times Square property owner Terry Persaud has been locked in a nasty battle with the town of Fort Myers Beach for years. The town has been racking up code violation fines against Persaud, accusing him of operating an illegal parking lot, and renting beach furniture without a permit.
Persaud returned the favor by filing a lawsuit against the town and the former town manager. Over the last several months Persaud has been pleading with the new town council, and new town attorney, to resolve the issue. Weeks ago, the town made Persaud an offer to settle and last weekend Persaud made a counter-offer to the town. It will most likely be discussed at the very next council meeting.
Because Persaud continued to rent beach furniture for years, according to the town, his fines have continued to accrue. And, to this day, Persaud continues to charge for parking on the property he owns adjacent to where his Sunset Grill restaurant used to be. The town says that parking lot was only ever supposed to be used for restaurant customer parking. However, it’s always been open to the general beach-going public with rates changing with the seasons.
As of April 17th, 2023, Persaud has accumulated a total of $2.7 million in fines for the two town alleged violations. The town has put a lien on his property and was pursuing foreclosing on the land before Hurricane Ian hit.
The town has made Persaud a proposal to settle the issue.
Here are the details…
The town has agreed to allow Persaud to sell his parking spaces now until a Certificate of Occupancy is issued for any new restaurant he might build on his lot (he has not yet come to the town with any application to build). If anything is ever built, the lot will be governed by the previous rules, which were for customers only, according to the town’s proposed settlement.
To get to that point Persaud has to do a bunch of work on the lot, work the town says Persaud agreed to complete years ago, but never did, including:
– installing a stormwater retention/detention plan.
– resurface the lot.
– provide a trash receptacle.
– add a double-hedge buffer along the street property line.
– add a retractable fence along the seawall.
– add 3 native trees along Estero Boulevard.
Persaud must also agree not to provide and beach furniture to anyone on the beach behind his property.
If Persaud agrees to the deal he must pay half the fines he’s now facing, $1.33 million. If Persaud complies with the terms of the agreement for one year after a deal is cut, the town will return the $1.3 million and waive the entire $2.7 amount. Persaud has countered that one-year requirement from the town with a request that it be 180 days.
If Persaud does not comply with the terms of the deal for one year, the town’s offer is off the table and he’ll owe the full $2.7 million (plus whatever new fines may accrue).
Persaud must also dismiss any lawsuits against the town and the previous town manager.
Everyone should have to follow the same rules! No exceptions! If you have a permit to conduct business the way your neighbors do then by all means enjoy! It’s expensive and and confusing to get proper permits, signage etc etc.. and very costly to figure out.by the same token the town that requires this should offer protection to those who follow the rules, any business that operates without proper permits is a scab, and stealing from those who paid there dues. I’d love to show up with a cigar box and stuff money in it, and gouge on busy days, and undercut legit businesses on the slow days, and not pay taxes that support the local government. The conversations I have had are well we are fining them! And we are foreclosing on them! Oh that’s great meanwhile your collection of fines does not cover the loss revenue generated to people who follow the rules.
Reminds me of an episode on The Twilight Zone called “The Monsters Are Due on Maple Street”! Watch it on YouTube! Pay particular notice to Rod Serling’s monolog at the very end!!
Ed, I take it you disagree with Terry. Is this really any of your business, you are very free in giving your opinion or demands on several issues regarding the island, sometimes almost to much. If you feel so strongly on these issues maybe you need to run for some sort of office. Oh wait you do not even live on the island do you?
I absolutely disagree with Terry, because I know all the facts, and they are not what he is spinning. And the great thing about America is I get to voice my opinion on any topic I’d like to, and you have every right to not read it, unsubscribe to our newsletter and never listen to anything I say. The “you don’t live on the island” thing is tired and old. It’s never worked to try to knock us down. We’re more successful than we’ve ever been in 5 years. I know it pains people like you to hear that.
👍
Atta boy Ed. You’re beginning to sound like me. Crusty.ia good.
you go Ed!!
So your concern for FMB are the people, the island, or how successful you have become?
It’s anyone’s “business.” This situation is a matter of public record, including the times this comes before the special magistrate and town council, and the lawsuits.
As Ed said, don’t like it? Not interested? Unfollow and unsubscribe. With 70k followers, clearly not everyone lives full time on the island… but many are part time residents, property owners, and long time vacationers, all of whom care deeply about FMB.
Must be an echo in here.
I agree, as he stated it is all about how popular he has become, keep those coffee’s coming!
Are you serious right now? Ed has down more for FMB the last year than most people. Who cares if he lives off island. He is an advocate for FMB and that shows where is heart is at.
How about just pay fines owed? There’s no overreaching, it’s called owning a business/businesses. Sick of the wealthy screwing the little folk who pay everything while they avoid their share. The money goes to cover emergency responders, roads, lights, etc. Just my opinion. 😊
Let’s leave the spiteful overstepping of town government in the past and move on.
What is the big deal about renting a lawn chair and how horrible is it to charge for a parking spot to a non restaurant customer when it is a slow time at your restaurant. We all know parking is in short supply on the island.
The bid deal is/was that other people follow the rules and have a license to do those things and Terry didn’t. And he knew he didn’t!!!!
Zero sympathy. I have photos of years of an illegal dumping ground on San Carlos Island and a house that had been totally engulfed in flames and never secured for safety. He accrued fines and liens with the county. Best for the Town if Terry never develops on the islands. These were all “personal choices” and he is no victim.
Ed this will be my last response to you !! Here are the facts
1)This property has has had the right to RENTChairs for decades and in 2015 the passed a new ordinance requiring us to have a BVP which my tenant obtained the permit and operated on the property!!
So yes we have always rented chairs in the pass until we got our extension of premises back !! And stop renting chairs so as to restrict the area to our customers only !!
2) Maybe you can explain how a parking lot that existed for over 40 years become illegal overnight!!
Have a nice day !!
Keep spinning your yarn Terry. Your “rights” lawsuit has nothing to do with you pocketing money on chairs and parking. Nice try though. We may be dinky, but we’re not dumb.
Are you saying you’ve NEVER rented chairs illegally?
Are you saying your parking lot has always been 100% legal?
Go on the record right here and now with your answers for everyone to see, including this and the previous town council and this (more friendly town council) who have all wasted way too much taxpayer time on your victimhood. Other business owners have to follow the rules, but you don’t. That’s just the way you roll.
Maybe check with your attorney before you answer those questions above.
It’s pretty insulting that you try to lump yourself in with Rick and Amy. They didn’t do ANYTHING wrong. You’ve spent more time in front of the magistrate than anyone in the history of the Magistrate.
PREDICTION: This town council will NEVER go for your counter-proposal because you cannot be trusted.
I don’t know all the facts, but it sure seems like government oversteping on the rights of a property owner to use their property. It’s not like they are selling drugs…. renting a chair… come on..
Ed please be factual on your comments!
1) I did not agree to the special exception approved on by council in March 2020 because it stated “ parking lot hours where from 8:30 am
This parking has always serve our community including your events
The delivery trucks for all the restaurant of time square use this lot from 6 am in the morning to deliver food and beverage! If I accepted it I would have created another violation!,
Please note the new administration has corrected the issues and will be issuing the LDO as stated by Town staff no work can commence without a LDO !
2) The facts are the facts and there is no victim ! As for time Square myself and Orlandni was the ones that cleaned it up ! And you have the pics to prove it !
You love to distort the truth and play the victim and people are on to you Terry. You agreed to do what the previous council asked you to do to clean up that eyesore parking lot and you didn’t do any of it. Why not???Everyone knows you were selling lawn furniture when you weren’t supposed to. Your employees admit it.
Stop playing the victim already and clean up your mess.
You’re holding back any redevelopment of Times Square because nobody wants to work with you. They don’t trust you. Why did you resign from the Let’s Go FMB Board? Because you were using that platform to air your personal grievances.
I’m not going to allow you to use my platform to play the victim.
ED , thanks for sharing the informations however you omitted the facts that started the retaliation and fines by the Town !
The fact is after the town denied us of our BEACH RIGHTS to serve our customers on the beach for which we where doing for DECADES by claiming we ABANDON the property without a hearing!
This was due to taking 9 months to remodel and transform IT from an eyesore to the Sunset grill ( hold up was due to permitting ) !
This property and parking lot has been in existence for decades and has always had the rights to serve the public on the beach and allow them to park in the lot ! As it is the only parking lot in TIme Square.
A lawsuit was filed to regain the Rights and after several years in court the 2nd DCA ruled unanimously that a “ Property cannot be considered abandoned if there is an active permit or if the property is maintained “
Hence the town was ordered to restore our Extension of Premises!
Which they did ( Beach pub has a limited extension of Premises, that’s how they can put furniture and serve you on the beach, we have a FULL extension),
After the Lawsuit the town declared the Parking lot illegal, and refused to issue a USE permit and created numerous other violations on the property and refused to acknowledge the property and beach rights!
Roger had several code enforcement officer assigned to the property to issue violations like the one on 7/ 13 /21 that states “ stop all beach activities “ after the Courts restored the Beach rights !( Ed you have the Ruling of the 2nd DCA )
This violation was created into 2 fines and in July 2022 along with a fine for the Parking lot the magistrate issued a Whopping fine of $670,000.00 based on false testimony and documentation by town staff and some very funny MAth .
This matter was immediately APPEALED in August 2022 over one year ago
Mr . Herrin would not schedule the rehearing so the Facts can be heard , however he did schedule a hearing to lien the property which was a serious Violation of the town codes ! thats how the previous administration operated !
The lien hearing was immediately canceled after the attorneys rang him up but as of date no Hearing for the Facts to be brought forward has been scheduled! No one property rights is guaranteed in this town ! Sometimes you have to GoTo the extent of climbing on a Roof just to be heard !
I want to thank Council members Karen, Jim and John who have been working to resolve this as we have been trying to resolve it for years !
And after such a horrific Disaster we may be able to work together to resolve some of this issues without Gotcha clauses and not allowing the other parties to participate in creating an amicable agreement!
Thanks ED
That’s a hefty fine to the town for their wrongful actions. I wonder how much the town has cost taxpayers due to lawsuits?