Jaycee Park in Cape Coral recently reopened after renovations that included construction of a new bistro shell and food truck area.
Cape Coral government
Cape Coral and Kearns Restaurant Group are closer to reaching a long-term agreement for a bistro and food truck court at the recently reopened Jaycee Park.
At a City Council meeting May 20, City Manager Michael Ilczyszyn outlined a new tentative concessionaire agreement for Kearns to operate the food and beverage facility. The restaurant operator is known for its local chain of themed eateries, such as Ford’s Garage and The Boathouse Tiki Bar & Grill.
Council members declined to immediately vote on the deal, asking for more time to review the conditions and negotiate with Kearns on several details. Council members expressed agreement with most of the terms after largely dismissing previous provisions at a City Council committee meeting in February.
“I can tell you it’s a far stretch better than where we were the last time (negotiations were discussed),” Councilor Bill Steinke said.
A newly constructed bistro shell at Jaycee Park will be finished and operated by a concessionaire under a proposed agreement with the city.
Evan Williams
Councilor Joe Kilraine said the new terms are much improved after calling it a bad deal for the city in February.
Under the new terms, Kearns Group would pay more in upfront costs to build out and operate the facility, share revenue from both its bistro and food truck operations, and have a shorter lease of up to 20 years instead of 30.
“I think we came together and met in the middle,” Zak Kearns told council members. “Again, we’re paying for the building, for finishing the building, paying for a minimum guarantee plus a percentage of the sales. The city’s getting all the layers it can get. And again, it has to be run and profitable.”
Zak Kearns speaks during a Cape Coral City Council meeting about a proposed agreement for his company to operate a bistro and food truck court at Jaycee Park.
Cape Coral government
Council members continued to raise concerns over what Kearns would be obligated to pay if it walked away from the agreement early, and the city’s obligation to reimburse Kearns for potentially supplying upfront funds for boat slips at the park. But city staff said those issues could likely be resolved with the company.
Jaycee Park reopened April 30 after undergoing extensive renovations, including construction of a new bistro shell and food truck pad. But the city has yet to find a dedicated operator for the facility. After renewing a request for proposals in December 2025, Kearns Group was the only respondent.
Under the latest terms, the city would grant Kearns the rights to operate as concessionaire at Jaycee Park for an initial term of 15 years with one five-year renewal. Previous terms gave Kearns 20 years with the option to renew for another 10 years.
Kearns would manage all aspects of a food, beverage and retail operation, including alcohol sales, vendor management, utilities, groundskeeping, pest control and liability insurance. The facility would generally be open from 8 a.m. to 9 p.m.
Kearns would provide the city an estimated $333,500 in annual revenue under the deal and be responsible for hundreds of thousands in upfront funding. That includes an initial $130,000 fee for exclusive operating rights, with Kearns paying $1.17 million in 240 equal monthly installments at an interest rate of up to 5%. Council members had objected to previous conditions in which Kearns was not required to pay an upfront fee.
The redeveloped Jaycee Park waterfront is awaiting a permanent operator for its planned bistro and food truck court.
Cape Coral government
Kearns would be responsible for all estimated $300,000-plus costs to finish building out the city’s bistro shell, such as furnishings and kitchen fixtures, to make it operational. The company also would pay for a liquor license estimated to cost $350,000.
Under the contract, Kearns would pay the city 4% of its total gross receipts for the first 10 years and 5% for the next 10. City staff estimates that would bring in about $200,000 per year.
Regardless of revenue, Kearns would be obligated to pay the city a minimum guaranteed $75,000 per year, or $6,250 per month, unless it is forced to close for more than 72 hours.
Kearns also would pay $1.3 million upfront to build boat slips at Jaycee Park, but the city would reimburse the company for 90% of the cost by crediting it against the $75,000 annual minimum guarantee.
City Council asked staff to draft an initial agreement with Kearns to be discussed at meetings in the coming weeks.