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Henry Lyons, manager of The Freshgrocer, clears the shelves after store officials announced that they have postponed the opening indefinitely. (Theodore Schweitz/The Daily Pennsylvanian)

Only a week before its scheduled grand opening, The Freshgrocer project has been postponed indefinitely, according to supermarket operator Pat Burns. In an interview last night, Burns said he cannot open for business because the store's concrete and tile floor was not installed properly, resulting in bumps, cracks and other visible defects -- some of which could cause customers to trip and fall. Penn, which is responsible for construction at the 40th and Walnut streets site, has agreed to replace sections of the faulty floor, Burns said, but not all of it. As a result, Burns said he will wait until the facility meets his expectations to open for business. "There's no time limit," Burns said. "We may never get in there until this issue is resolved." "I'm not accepting the conditions," he added. "I don't have to go in there until it's acceptable." The Freshgrocer was originally scheduled to open last summer, and has faced a series of other construction delays over the past year. Burns said it was impossible to pinpoint when The Freshgrocer might be able to finally open as the floor repairs remain Penn's responsibility. "It literally could be months until we get it resolved," Burns said. "The ball is in their court." But Penn's Vice President for Facilities Services, Omar Blaik, denied that the floor problems are a major obstacle and said they should take a few weeks, at most, to correct. "I really think that the floor issues are very simple ones, not noticeable," Blaik said. "We have agreed with [Burns] on a course of action for the floors." Store employees began packing up merchandise last night, filling large crates with perishable goods that can no longer be sold. The Freshgrocer was slated to open on April 1, but with no potential opening day in sight, Burns said he was forced to start removing products with expiration dates from the store's shelves. "I have to take things off the shelves because we can't open," Burns said. Until last night, the supermarket was roughly 75 percent stocked. Burns could not estimate how much money he stands to lose as a result of the situation and said he is not sure where the food will be transported. The ground floor at The Freshgrocer faces several problems, including a 400-foot-long elevated seam that separates different sections of the floor. Penn has agreed to correct the fissure in about a week. But Burns said Penn will not fix other problems he has identified, including peeling and cracking concrete, raised tile and small bumps and mounds throughout the store. "We've been telling them the floor is not correct and they just haven't fixed it," Burns said. "Nobody has stepped up to the plate to fix it. The floors will not last and they need to be addressed." In addition, Burns said certain sections, if left uncorrected, could pose a threat to store patrons. "People would trip in a heartbeat," Burns said. But Blaik dismissed any concerns about the store's safety. "I would characterize the floor issues as being minor," Blaik said. Burns, however, explained that he recently sought the opinion of an outside contractor, who offered a scathing review of the floor construction. "He said it's the worst job he's ever seen," Burns said. "The concrete floors just aren't done correctly." The Freshgrocer, which has seen several construction delays since its inception, was originally scheduled to open last July and was expected to serve as an anchor for revitalization along the 40th Street corridor. The new grocery store was intended complement the Sundance Cinemas complex, which would bring an independent film theater and restaurant across the street. But the Sundance project folded last November when its major financial backer declared bankruptcy, forcing Sundance to withdraw. The University is currently looking for new partners in the theater endeavor. Over the past year, as several tentative opening days have come and gone, Burns said he remained patient and did not blame Penn for the delays. And while Burns said last night that he hopes to maintain a good working relationship with the University, this latest development has somewhat soured the deal, especially since the additional delays will likely push the opening into the summer months when most students will not be on campus. "They want a market but they don't want to solve the problems," Burns said, describing his pleas for help as falling on "deaf ears." He said the defects were identified about two months ago, but negotiations with University officials have not resulted in a full agreement. Burns said he spoke with Penn's top real estate official, Tom Lussenhop, last night. Lussenhop did not return several calls for comment. The Freshgrocer -- initially called Freshgrocer.com -- pushed back its original opening date to January 10 as construction delays surfaced. When January passed, the store was then set to open on March 1. On February 28, The Freshgrocer hosted a reception for Penn and city officials, complete with appetizers, free drinks and a live band. However, at the time of the reception, Freshgrocer officials had abruptly canceled the March 1 opening, and eventually settled on the April 1 date. Burns speculated last night that Penn's refusal to fix all sections of the floor might stem from concerns about construction cost overruns. "I think they're over budget," Burns said. "I understand that, but it's not my fault." And although Burns said he is not optimistic about the short-term future of the store, he is ready to continue with the project as soon as possible. "If something gets done, we're willing to act fast," Burns said. "As fast as they can sit down with us and work out the issues, we can open in eight to 10 days."

Daily Pennsylvanian news editor Stacy Humes-Schulz contributed to this article.

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