The Marina at American Wharf in Norwich, Conn., was threatened with the termination of its lease by city officials because of non-payment of rents and maintenance issues at the property.
The Norwich City Council voted 6-0 in favor of a resolution to order the leaseholder, JCM Norwich Marina Acquisitions, to pay back rent and begin work on maintenance or be found in default of the lease. The city owns the marina property.
Glenn Carberry, an attorney representing JCM, informed the city that his client was current on payments, according to a story on TheDay.com. He presented a certification dated Sept. 8, 2017, from the city manager that JCM had paid its rents to the city.
The Day also reported that Carberry had written to the city council before its vote that the city had waived any rights to back rent payments of $5,000 per year, which was outlined in the lease. The company submitted a rent payment of $5,000 to the city to cover 2018 payments.
JCM is attempting to find a buyer for the marina.
City officials dispute the claims. The city manager wrote that conditions at the marina had changed from 2017, when he wrote the certification letter, and now. “The restaurant was open,” the manager wrote of the marina in 2017. “The fuel tanks were in; the festival tent was up.” The restaurant has not opened this year and there is no festival tent, said the newspaper. There is also apparent damage in parts of the marina, including rotting boards in an observation tower.
Fuel tanks that must be removed under Connecticut state law are also in dispute.
Carberry wrote in his earlier letter to the city council that his client has no obligation in the lease to replace the fuel tanks. The state of Connecticut mandated removal of the tanks last year after they reached their 30-year lifespan, according to the paper.
JCM is committed to finding a buyer and present the proposed lease transfer to the city council, Carberry wrote. JCM had hoped the council would withdraw the resolution it approved and “work with the company instead to finalize a transaction during the current boating season.”
Neither Carberry nor Norwich city officials replied to requests for comment.