We received a copy of 109-page lawsuit filed by Seville Harbour against the city of Pensacola concerning the Pitt Slip marina lease and Mayor Ashton Hayward’s notice of default that was sent in November 2013.
First, Seville Harbour is seeking a declaratory judgment on the lease.
COUNT I – DECLARATORY JUDGMENT
Seville Harbour requests that this Court make such declarations and rulings to resolve the issues in dispute between Seville Harbour and the City, including, without limitation,that:
a. Seville Harbour is not in default under the Lease Agreement;
b. Seville Harbour properly renewed the Lease Agreement;
c. The Sublease Agreement between Seville Harbour and Merrill Land is a sublease, and not a partial assignment of the Lease Agreement;
d. Neither Merrill Land nor Great Southern are a “subsidiary†or “business combination†of Seville Harbour;
e. Seville Harbour is not obligated under the Lease Agreement to pay rent to the City based upon the gross sales of the restaurants operated by a subsubtenant, Great Southern;
f. The allegations and assertions made by the City in Exhibit 15 are inaccurate and erroneous;
g. The City is obligated to pay Seville Harbour’s attorneys’ fees and costs for instigating the controversy necessitating the commencement of this action pursuant to Article XIV of the Lease Agreement; and
h. That the appraisal provision relating to Parcel I-A in part II.B of the Lease Agreement is of no current effect since the City is no longer leasing from the State of Florida and therefore no amount has been “charged to†the City by the State of Florida.
Seville Harbour is also asking for a jury trial on Tortious Interference with Advantageous Business Relationships, Breach of Contract and Slander of Title.
Here are the first 12 pages of the lawsuit: Seville Complaint.
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Disclosure: Ray Russenberger, owner of Seville Harbour, has a 2.5 percent shareholder interest in the Independent News.