Bearded Clam Restaurant and Tiki Bar faces eviction threat

MANATEE -- The Bearded Clam Restaurant and Tiki Bar is facing an eviction threat from property owners.

The waterfront property at 7150 N. Tamiami Trail in south Manatee County is adjacent to a Ramada Inn owned by 1187 Upper James of Florida LLC, a subsidiary of Canadian corporation Sahar Hospitality Inc.

Wesley Rose operates the Bearded Clam Restaurant and Tiki Bar. The restaurant was licensed to operate by the Florida Department of Business and Professional Regulation in November 2014.

Navid Kichi is the manager of the Ramada Inn and is listed as the registered agent for 1187 Upper James of Florida LLC, according to state corporate records. He said he hopes to resolve the issue outside of court, and still considers Rose a business partner, and out of respect neglected to put details in the complaint.

"We hope to resolve it and continue to do business with the Bearded Clam," Kichi said.

On the advice of his attorney, Dan Peebles, Rose said he was unable to comment.

According to Manatee County court records, 1187 Upper James of Florida LLC filed a complaint alleging the restaurant and Rose should be evicted based on breaches of contract and guaranty.

"This Court has jurisdiction to evict the Tenant from real property since Landlord is also seeking damag

es for breach of contract and guaranty exceeding $15,000, exclusive of interest, attorneys' fees and costs," the complaint states.

The Bearded Clam and 1187 Upper James of Florida LLC entered into a five-year lease Feb. 1, 2011, with expected regular payments of $7,074.80, according to court documents.

The rent figure is based on 5 percent of the gross revenue, calculations generated by the Bearded Clam Restaurant and Tiki Bar.

The property owner alleges the restaurant fell behind on payments previously and the two parties agreed upon a past-due amount of $21,091.62 and entered a 15-week payment plan Feb. 26.

According to court documents, the defendants paid plaintiffs $5,926.97 for the May rent in the form of a check.

It was returned because of non-sufficient funds.

The plaintiff, pursuant to the lease agreement, gave three days notice to tenants before terminating the lease.

The property owners have retained the AKER Law Firm to represent them in the case.

Janelle O'Dea, Herald business reporter, can be reached at 941-745-7095. Follow her on Twitter@jayohday.

This story was originally published August 20, 2015 at 12:00 AM with the headline "Bearded Clam Restaurant and Tiki Bar faces eviction threat ."