Sunday, June 10, 2007

Deadbeat Dave Settles Up

After months of wrangling "Deadbeat" Dave Morgan is finally getting the boot.

A new tenant could begin operating the city-owned building at the Utica Historic Marina by July 1 after the owners of Kitty's on the Canal agreed to leave by the month's end, city officials said.

An eviction proceeding was scheduled to begin Friday afternoon in Utica City Court, but Assistant Corporation Counsel William Borrill and attorney Anthony LaFache, who represents Kitty's, reached an agreement with Judge John S. Balzano.

Here's what was decided:

•Owners David and Cynthia Morgan will leave the property on or before June 30. The city could act on a warrant of eviction at midnight that night, but Borrill said the city is confident the Morgans will have vacated the building by then.

•The city reserved the right to collect past due rent and rent owed from Feb. 1, the date Kitty's lease agreement expired. More than $16,000 is owed in back rent and utility payments, city officials said.

•Borrill also noted that the city may purchase certain equipment that would remain in the facility, a clause that is part of the original occupancy agreement. Both sides have discussed offsetting what's owed in rent through the equipment purchase.

The city might want to give the new operators a heads-up that the canal is filled with raw sewage from the defective Sauquoit Creek Pumping Station. I suspect that detracts from the dining experience.