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David's Anthem Journal

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The April 8, 2010 Board of Directors Meeting on Tirzo's Bistro by David Berman

Breaking News: Board Votes to Start Eviction of Restaurant Operator


The Board of Directors voted this afternoon (Apr. 8) to begin the process of evicting the Association’s restaurant tenant, TNF Holdings, doing business as Tirzo’s Bistro.
The vote was unanimous.

Summarizing the reason for the action, Board President Jack Troia said the tenant had failed to meet all the terms it was required to comply with by March 31st in order to cure the existing default and be entitled to enter into a revised lease.

Troia indicated the amount of money owed is the $7,000 monthly rent for March and April (plus penalties), along with the utilities bill for February. In addition, Troia said, the full amount owed in unpaid sales taxes has not been paid.

The Board also voted unanimously to allow the restaurant to stay open until the eviction process is complete, thus avoiding an immediate shut-down.

Asked by a resident if a recent counter-proposal had been submitted by the tenant, Troia said there has been no counter-proposal, but that if the default is cured before the eviction process is complete, there could then be discussions about the lease revision that has been on the table.

Troia noted that the eviction action must go before a judge, meaning actual eviction would not take place for perhaps “five to seven days.” Editor’s Note: Eviction papers could probably not be filed until early next week, due to the fact that the Henderson courts are on a four-day week and are closed on Fridays.

“To assume Tirzo is out is not a proper presumption,” Troia said. “There is still time for them to figure out a way to stay in there,” he said, adding that Tirzo’s investor maintains an interest in working something out. 

 

by David Berman, 8 April 2010