"It's a wonderful compromise and a rare opportunity to secure waterfront property that we didn't think we might be able to before." Council Member Malise Sundstrom said that on Jan. 20, 2026, just before the Jupiter Town Council voted 4-1 to approve a mediated settlement over the former Suni Sands mobile home park, as Stet News reported.
The site runs along the south side of the Loxahatchee River between Clemons Street and Dubois Park. It's the fenced, empty waterfront you can see from the Jupiter Inlet Lighthouse. Stet News describes the entire 10.4-acre property as closed to the public for more than 120 years.
The settlement could change that. But under its terms, the preserved land and the private development are one deal, and the council has until Dec. 31, 2026 to decide it. If the council approves the developer's plan, the town gets the land. If it doesn't, the deal can come apart. The fights at Town Hall this fall over boat slips, seagrass and park hours are fights over the price of the park.
What the Town Gets, and the Condition Attached
Charles Modica is a Hobe Sound developer. He also built the nearby Charlie & Joe's at Love Street restaurant complex with Joe Namath. According to the Palm Beach Post, he bought Suni Sands for $17 million in 2013. If the town approves his development plan by Dec. 31, Stet News reports that the settlement splits the property like this:
| Piece of the site | What happens to it | Why it matters |
|---|---|---|
| 4.07-acre shell midden at the center | Given to the town | Evidence of people at the site going back 5,000 years |
| 1.41 acres in the northwest corner | Sold to the town for $10.5 million, limited to passive park use | Northern terminus of the Celestial Railway and the town's first commercial hub |
| 950-foot strip, 9.5 feet wide | Preserved | Path of the Celestial Railway, 1889 to 1895 |
| Remaining land | Developed by the owner | Proposed hotel, condominiums, restaurant, retail and marina |
Both sides describe the $10.5 million price as a deep discount. Town Attorney Thomas Baird told the council the preserved pieces would be protected "in perpetuity for the public." The 1.41-acre parcel looks out on the confluence of the Loxahatchee and Indian rivers at the mouth of the Jupiter Inlet.
The condition is in the timing. The settlement requires the council to consider Modica's new plans by Dec. 31, after a review that includes public hearings. If the council rejects them, he can cancel the agreement and pursue legal remedies. That puts the land the public would get and the land the developer would build on in front of the council as a single decision.
Why the Town Agreed to a Trade After a 2023 Denial
In 2023, the Palm Beach Post covered a far more confrontational version of this story. Jupiter's Historic Resources Board refused to give Modica a certificate to dig, which he needed before any development could start. The board had heard from members of the Seminole and Miccosukee Tribes, who said their ancestors are likely buried on the site. It concluded the archaeological resources could not be adequately preserved if any of the 10 acres were developed.
The archaeology behind that decision is unusual. The Post reported that the black-earth midden rises about 10 feet and is generally thought to be 1,500 years old. Test excavations from 2014 to 2022 turned up 4,800 prehistoric ceramic pieces, a rare green stone hammer, an axe head and human remains that included seven teeth. The midden and the Celestial Railway are both archaeological sites eligible for the National Register of Historic Places. The railway once carried passengers 7.5 miles to the north end of Lake Worth.
In July 2023, the Town Council granted a certificate to dig covering 6 acres. Modica appealed, saying 6 acres was too restrictive for his plan. That plan called for a 125-room inn, 72 townhomes and condos, and about 12,000 square feet of restaurants and stores. Mediation started in November 2023. Those figures describe the earlier proposal. They have not been confirmed as the 2026 application.
Baird explained the town's exposure to the council in January. Modica had argued the order amounted to an unconstitutional taking of his property. If a court agreed, a judge could make the town pay fair-market value for the waterfront, potentially more than $100 million. "The risk to the town in terms of the potential liability was great," Baird said.
Vice Mayor Ron Delaney cast the one vote against the settlement. He wanted the town's preserved land to include the entire waterfront, and he was concerned that a dock could harm seagrass. His concern is the one that came back.
The Debate Has Moved Out to the Water
On land, the filings follow the settlement map closely. The Town's hearing notices propose 5.0 acres of Inlet Village Flex South zoning and 5.5 acres of conservation, split into 4.1 acres of Conservation Preservation and 1.4 acres of Conservation Restricted. They would also cut the site's Riverwalk Corridor component from 535 to 142 linear feet. In a report dated Sept. 3, 2026, Town planning staff found the land-use changes generally consistent with the Comprehensive Plan, provided the 5 acres carry a cap on vehicle trips.
The open dispute is offshore. The Palm Beach Post reported that the owner has proposed a 17-slip marina to replace an existing dock at the former mobile home park. In the January settlement, Modica already indicated he wanted a dock on the Jupiter Inlet near the old Sperry boathouse. The Sperry name on the Town's filings comes from Emily Sperry, who named her late-1890s home on the property "Suni Sands."
At the Sept. 8 council meeting, about a dozen people spoke during public comment. Several opposed the slips. Vivien McLean-Bunce, president of the Jupiter Inlet Foundation, gave the Post the environmental case:
"It is a very sensitive environmental seagrass bed. It's one of the last in the Jupiter Inlet. It's quite valuable for our wildlife, for clean water, for all of the things that seagrass does."
The foundation told WPTV the seagrass there is Johnson seagrass, a threatened species and an important food source for manatees in the area. Foundation leaders have asked the town to put the site's entire shoreline in conservation. Philippe Jeck, Modica's attorney, told WPTV the project would bring substantial environmental improvements. He also told the Post that concerns would be addressed when a final proposal is presented. The council took no action on Sept. 8 because the project wasn't on that meeting's agenda.
The Developer Has Asked for Rules on the Park Next Door
The second dispute bears directly on what the public park would be like. In August, Baird told the council that the developer was asking for restrictions on the town's adjoining future park land. "Limit the activities that could occur in the park, limit the hours of the park," WPTV quoted him saying. Jeck told the station his client is fully compliant with the settlement and that suggesting otherwise is not accurate.
That ties back to the main point. The 1.41-acre parcel was already limited to passive park use under the January terms. A request to limit hours and activities on top of that is part of the bargain the council is weighing. The park's daily character could be settled in the same package as the hotel. Cheryl Schneider, vice president of the Jupiter Inlet Foundation, told WPTV her group is concerned the town "may be pressured by the applicant to rush this through" before the agreement expires at year's end.
What the Public Record Doesn't Show Yet
None of the coverage or Town notices reviewed for this post answers these questions:
- The 2026 application's hotel room count, condominium count, building heights and the specific waivers requested. The Town notice says only that there are "multiple waiver requests."
- The result of the Sept. 10, 2026 Planning and Zoning Commission hearing on the land-use change.
- How the town plans to pay for the $10.5 million parcel, and when any of the preserved land might open to visitors. Stet News reported in January that the town still had to work out the funding.
The Dates Before the Deadline
- Oct. 29, 2026, 6:00 p.m. The Town Council holds first reading of the Sperry PUD, file PZ#25-6815. The same evening it takes first reading of the land-use and zoning map changes, files PZ 26-6813 and 26-6814, and of a text amendment, PZ 26-6812, that would let Flex South zoning be assigned north of North A1A between Clemons and Saturn streets. All four are at Council Chambers, 210 Military Trail.
- Date to be announced. Second reading, along with resolutions on the site plan and special exceptions.
- Dec. 31, 2026. The settlement expires.
Hearing titles may change before approval. The Town posts agendas and supporting documents on jupiter.fl.us, under Government, then Agendas & Minutes, usually a week before each meeting. Mayor Jim Kuretski has said the public will get notice of every meeting on the project.
If you own near the Inlet Village, or you're thinking about buying near Love Street or Dubois Park, the result of these hearings will affect what sits next door for decades. At IJL Real Estate Group, we follow the Suni Sands filings through each reading. We're glad to talk through what the outcome could mean for a property you own or are considering on that part of the river. Book an appointment and we'll go over the details with you.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.