COLONIE Gene DeGeorge officially has until the end of April to vacate the Chip Shots premises at the Town of Colonie Golf Course after the Town Board passed a resolution ratifying a notice of termination for the concession vendor at the Thursday, April 5, meeting.
The eviction is a move that the Chip Shots owner and six-year operator of the sports grill said has him reeling and a bit confused.
“We assumed we were under a four-year contract until several weeks ago when they notified us that we were month to month and followed up a few days later with an eviction notice,” said DeGeorge. “We were quite surprised. We asked why and the senior attorney basically turned his head to me and said, ‘You know why,’ and walked away.”
It’s also almost certainly the impetus for a future lawsuit.
“I anticipate a lawsuit so I can’t comment too much more,” said Town Attorney Mike Maggiulli. “It’s not something the town takes lightly, and we’ve been trying to address this issue with the operator for over four years.”
DeGeorge said he “assumes” the four-year issue Maggiulli was referring to is in regard to equipment repairs he thought the town should have handled.
“We had a few problems with the equipment along the way, which we assumed, according to our contract, was being taken care of but it never did get taken care of,” said DeGeorge. “I can only assume that is what the town attorney was referring to when he said this goes back four years.”
DeGeorge maintains that he made lease payments in a timely fashion unless there was a reason he felt he was justified to withhold for a period of time.
“I never had to make a late payment and lived up to the terms of the contract,” said DeGeorge. “I maybe withheld a payment in the years if an ice machine wasn’t repaired and I had to go buy ice, I felt I was justified. … Those were the stipulations made in the contract, as long as I didn’t maliciously do damage to the machine, I wasn’t responsible.”