BELMAR, NJ — The owners of a Belmar beachfront concession will receive a $130,000 rent reduction over the next five years and another $15,000 in deposit funds on prior leases, under a settlement reached with the borough in a breach of contract lawsuit.
Hilary and Trent Colanduoni, who now operate Shore Break Grill in the new Rowland Pavilion at 10th Avenue, were seeking damages from the borough for lost business when their new concession — in the newly constructed pavilion — did not open for the 2017 season due to delays in obtaining the proper permits. They were also seeking damages after the borough prohibited them from continuing to operate from a beachfront food trailer after the new pavilion was completed, according to its Superior Court complaint filed in August 2017.
Before Shore Break Grill opened this past season, the Colanduonis operated the 10th Avenue Freeze Out from the 10th Avenue pavilion that was destroyed during Superstorm Sandy in 2012 and then from a temporary food trailer at 11th Avenue until the completion of Belmar’s beachfront’s rebuilding effort.
Under the amended lease agreement, the Colanduonis will receive a $26,000 rent reduction per year for the 2019 through 2023 seasons, as part of the terms of the current 10-year lease with the borough, which expires in 2027.
They also will receive a $15,000 deposit from the borough, which is a combination of funds from a 2011 10th Avenue Freeze Out lease and a prior lease, according to their attorney, Richard Shaklee of Wall.
The amended lease states that the concession is only to be used for the sale of food products, beverages, ice cream, frozen yogurt, frozen fruit products and other desserts for a minimum season that runs from Memorial Day through Labor Day.
In addition, Shore Break Grill’s outdoor eating area — situated on the deck overlooking the beach and consisting of picnic-style tables with umbrellas — will be accessible to the public.
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