Tuesday, July 15, 2014

Black Bear calls it quits at Como Pavilion


District Court rules that it was the city -- not Black Bear -- that breached agreement


by Tesha M. Christensen

Black Bear Crossings on the Lake at the Como Pavilion won the legal dispute between the restaurant and the city of St. Paul, but they’ve decided to close at the end of 2014 anyway.


Citing a breach of the management agreement, last fall St. Paul decided not to renew its contract with Black Bear Crossings. On May 15, 2014, the district court in Ramsey County ruled that it was the city that had breached the management agreement with Black Bear Crossings by denying Black Bear’s request for an extension to continue operating through 2018.
The court also ruled that the city “is liable to [Black Bear] for any money damages caused by its breach of the agreement.” Citing the “bitter dispute” over the city’s breach of the agreement, however, the court did not require the parties to continue doing business together.
The court found that the terms of the agreement were “clear and unambiguous” and that the city had “failed to come forward with evidence” that would justify its refusal to extend the agreement. In a previous ruling, the court found that statements the city made to the local media about Black Bear caused “irreparable harm” to Black Bear’s business.
Specifically, the city had alleged that Black Bear paid its rent late for the past four years; did not provide the city with three bids for each project it undertook; and submitted receipts two years late. Additionally, the city had said that Black Bear did not submit its financial records to the city for review in a timely manner. The city requested the records on May 15, 2013 and expected them within 15 days. They were provided in August 2013.

The city had also pointed out that there are almost 4.4 million visitors at Como each year, and expressed concern that the cafe had not shown the level of sales that would be expected from a successful establishment in that location.
Pamela and David Glass (a member of the White Earth Band of Ojibwe) opened Black Bear Crossings in 1997 and moved to the Como Pavilion in 2000. During the Glasses’ tenure, a patio was built on the lakeside of the pavilion, and two perennial gardens created. A concession stand was added on the lower lever of the pavilion, and the cafe also handles paddleboats and canoe rentals.
 “For 17 years, Pam and I poured our heart and soul into Black Bear to make it a destination for the community worthy of Como Park’s rich heritage. We received countless awards and accolades for our service and now a court of law also recognized our contributions,” said David Glass.
“The Glasses will pursue damage claims against the city to compensate them for the irreparable harm that the city caused to their business both in breaching the contract and making erroneous statements to the media that their breach was justified, which a court has now found to be without merit,” said Black Bear’s lawyer Jan Conlin of Robins, Kaplan, Miller & Ciresi L.L.P.
City Park and Recreation staff opted not to comment on this issue, citing the city’s policy of not commenting on pending litigation due to legal constraints.
MOVING FORWARD
Events can still be booked with Black Bear Crossings through the end of 2014; however, no new bookings will be accepted for dates after Jan. 4, 2015. All event already booked for 2015 or 2016 will continue to be honored by the city (and the new partner). Customers may also elect to cancel their event and request a full refund.
Over the next several months, the city will complete a competitive selection process for finding a new vendor for the management of the Pavilion. In June, the city collected feedback and ideas via an online survey. Browse http://www.stpaul.gov/index.aspx?nid=1146 to stay informed.

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