BELMAR — The borough council has approved a settlement with 10th Avenue Freeze Out, an ice cream shop which had filed suit over the borough’s treatment of its lease to operate on the boardwalk.
The company had claimed that its lease, entered into during 2011, was terminated in 2016 without proper notice by the borough and that despite entering a winning bid for a lease at a new location in 2017, required permits and access were not provided in time for it to open for the summer season.
According to the settlement, several portions of the lease agreement, between the borough and Hilary and Trent Colanduoni, owners of 10th Avenue Freeze Out, have been amended to “define their respective rights and obligations and to avoid potential conflicts in the future.”
The agreement includes a reduction of $26,000 in payments for seasons 2019 through 2023. It also provides for adjustments if “the lease ends pursuant to any of the terms thereof or the premises are destroyed or rendered unusable to any extent.”
Under the agreement, the shop must be open between Memorial Day and Labor Day every year, unless any unforseen circumstances outside of the tenant’s “reasonable” control occurs.
The 2017 complaint had noted that the destruction of the shop’s boardwalk location by Superstorm Sandy in 2012 had prevented it from operating as intended under the 2011 lease and should not have resulted in the borough’s termination of the original lease.
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