Settlement reached on beach bar contract

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WILDWOOD- Point Break, the company set to oversee activities on the beach, and the city have come to a settlement after months of litigation.

According to the consent order, Point Break will act as the city’s “beach concessionaire” through 2017, and will be responsible for organizing numerous activities on the beach. Those include overseeing a planned beach bar, organizing music festivals, and possibly establishing an R.V. park on the beach.

In return, the city will keep $12,167 Point Break paid last June, as well as $25,000 per beach bar the company operates annually.

“The intent and spirit of the concessionaire agreement is that PBGM (Point Break Group Management) will have five full summer seasons with the beach bars,” the order states.

Last year, City Clerk Chris Wood said that Point Break’s annual contract was worth $50,000. However, based on aspects of the agreement, more could be brought to the city’s coffers.

Point Break is also anticipating holding at least two concerts in 2013; “Although, it is acknowledged that there is a tight window in which to line up acts for 2013,” the order states. The order also says that Point Break’s right to schedule music events and other beach events is not exclusive, “however, the city agrees that it will coordinate the scheduling and advertising with PBGM to prevent conflicts.”

Mike McDonald, owner of Point Break, said Tuesday that he planned to sign the agreement, but had not done so yet.

Because of that, he and Commissioner Pete Byron were hesitant to discuss details of the settlement.

“We’re moving in a positive direction,” Byron said of the settlement. “This will be brought to a happy conclusion real soon.”

Point Break will also organize movies on the beach, and potentially paintball on the beach as well. The order states that paintball is dependent on the annual beach survey and Department of Environmental Protection regulations.

The agreement excludes beach chair, umbrella, and cabana rentals, a waterslide planned to be at Leaming or Taylor avenues, and use of the city’s Monster Truck Building.

Beach in the city’s first ward, some of which is privately owned, may not be used under the beach plan, the order states.

McDonald first filed the lawsuit in November of last year. In it, he claimed that the city created hardships for Point Break by delaying to get permits that would allow the group to operate as the beach concessionaire. 

The suit said that the beach concessionaire’s agreement included opportunities for the establishment of beach concerts and activities, operating a recreational vehicle parking lot, as well as other concessions geared toward the tourist industry.  When the city started negotiations with Eastern Exchange about the Monster Truck Building, it undermined McDonald’s contract, the suit alleged.

McDonald said that as part of the settlement, he opted to not have the city pay his legal fees, which had totaled about $50,000.

Christie Rotondo can be emailed at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or you can comment on this story at wildwood.shorenewstoday.com. 


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