- March 17, 2026
Flagler County is preparing to extend Captain’s BBQ’s lease at Bing’s Landing Park for another five years as the restaurant begins construction of a larger replacement building.
The request to extend the lease to 2031 was requested by the Captain’s BBQ owners, who have rented the existing building since 2011. Captain’s co-owner Chris Herrera said he estimates the project will have the permits in a month and a half and he hopes to break ground in September. From there, he said, the new building should be completed “within two years.”
The Flagler County Commission reviewed the agreement at its March 16 meeting, but the extension is not without reservations from some board members.
Commissioners Andy Dance and Leann Pennington expressed concern that there was no defined timeline for the permitting and construction process. The lease only requires Captain’s BBQ be diligently pursuing the project.
County Attorney Michael Rodriguez said "diligent pursuit" is defined as “at least least there is some effort,” and no evidence of abandoning the project.
“That's the only thing that really kind of stuck out for me the most was what defines whether or not you're pursuing [the project] in good faith,” Pennington said. ”I think my only concern is — and I do believe you'll start sooner — having to do another extension.”
Herrera said if it were up to him, “I’d pull them [the permits] today,” but he is waiting on the designs. His architect is moving “fairly quick,” he said.
Captain’s BBQ sued Flagler County in 2018 after the county reversed a decision approving a lease where the restaurant owner could build a larger restaurant building on site.
In 2023, Flagler County settled the five-year lawsuit with Captain’s where the county agreed to pay the owner $800,000 for past and future construction and renovation of the restaurant, as well as the restaurant’s legal fees.
The proposed building will be around 4,600 square feet in size with a stem wall behind it, according to elevation documents provided to Flagler County.
The commission has the ability to add language into the lease to outline a specific timeline for the project if the board wants to. Dance wanted to know if there was a construction bond in place in case the project stalled for any reason. Rodriguez said there isn’t, but the county could negotiate one into the lease.
“I just don’t want to get stuck with half the bill,” Dance said, should something happen to stop construction.
The lease requires the new building to be built on an approved foundation that would minimize the necessity of fill and to avoid flooding. To mitigate potential flooding, Herrera said the floor elevations will be 8 feet high.
Commissioner Kim Carney noted that the design is different from what the county had expected. Herrera said the design is different but not “drastically different,” and was based on feedback from customers.
“They love the current setup, the outdoor field, the patio field. And I think moving forward after I vacate the premises, it'll be a good location for the county to be able to rent it out.”
The new building will revert to Flagler County’s ownership and the existing building will be demolished and “turned into parking,” according to Carney.
“I doubt that we're going to want two buildings in this very close proximity to each other. And they need the parking,” Carney said.
The board will vote on it at a future business meeting and agreed to add language to incorporate a performance bond into the lease agreement.
