Mr Ibrahim said his business suffered for four years when the Legacy Way tunnel was under construction and had hoped for better years ahead. "My team took up the Botanical lease in good faith," he said. "New plans for a grand venue to optimise the environment were drawn up at our own expense, only for the BCC to push back with such unreasonable demands and ultimatums that we are forced (to) exit." But deputy mayor Adrian Schrinner said they included requirements to improve the facility over a five-year period that were agreed to last December when Mr Ibrahim signed a heads of agreement, which preceded a formal lease. "All the stuff (in the agreement) is pretty standard in the industry and they certainly didn't believe it was unreasonable last year when they signed the document," Cr Schrinner said.

"Both parties agreed to the offer, both parties signed off and it came to civic cabinet to endorse the agreement in December. "Everything was proceeding. Council started investing in improvements agreed to as part of that deal, including a storage facility the operator mentioned they needed." Cr Schrinner said the saga had left him confused and wondering what had changed in recent months. "They've essentially withdrawn from the deal and reneged on the document that they signed," he said. "It's a bit baffling. We had a deal, both parties agreed to it, and now they've withdrawn from that deal.

"Everything was on track and I can't understand why they've pulled out of this deal." But Mr Ibrahim said the actual lease, as presented to him, was "a lot more intimate" than the agreement he signed. "Some of the things the council put on that became intangible for us," he said. Cr Schrinner said he acknowledged the construction of the Legacy Way tunnel had an impact on the business, but now the work was completed there was a "real opportunity" for the restaurant to thrive. The council would go out to tender to find a new long-term operator, Cr Schrinner said, but would try to make do in the meantime.

"Probably, there will be a short-term arrangement where we temporarily appoint an operator to run for about six months, so someone will go in there, serve coffees and keep the café running along," he said. "But, ideally, we want someone in there on a longer-term basis, so we're talking a five- or 10-year lease, where that operator will go in, invest in the furniture and fit-out to create a really high-quality facility." To that, Mr Ibrahim said simply, "good luck". "I don't know how they can do that," he said. "The bar and the kitchen and all the equipment belongs to me, so it's my responsibility to make good to remove all of that out of the building.

"It's a large investment for someone to do that." Mr Ibrahim said he would not recommend another operator try their luck with the venue. "The last operator walked out, we just walked out – what does that tell you about dealing with this council?" he said. "I was going to invest a substantial amount of money with a much higher rent. "Good luck finding anyone nationally who will pay the rent they expected us to pay."

Mr Ibrahim said he could not legally discuss the rent figure. "What I can say is that there is no way any operator would do it," he said. "…The only offer they've made us is pay more rent and spend more money. They didn't even say you must build to design – they said you must spend a set amount of money."