Legal Document: Strike X LLC Plaintiff vs. Village At Gulfstream Park, LLC , et al Defendant

On August 24, 2021 a Motion to Amend - Party: Plaintiff Strike X LLC was filed involving a dispute between Strike C, Llc, Strike X Llc, and Gulfstream Park Racing Association Inc, Stronach, Belinda, Village At Gulfstream Park, Llc, for Contract and Indebtedness in the District Court of Broward County.

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Filing# 152820188 E-Filed 07/06/2022 07:37:02 PM

IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA

CASE NO.: CACE-21-016240

STRIKE X, LLC,

Plaintiff,
VS.

THE VILLAGE AT GULFSTREAM
PARK, LLC, a Delaware limited liability

Company

Defendant.
i

PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT

Plaintiff,STRIKE X, LLC by and through
("Plaintiff'), its undersigned counsel, and

pursuant to Florida Rule of Civil Procedure 1.190, hereby files its Motion for Leave to Amend its

Complaint, and in support thereof,state as follows:

1. Plaintiff filed its initial complaint on August 24, 2021 (the "Complaint") after

Defendant, The Villageat Gulfstream Park, LLC (the"Landlord")expresslyrepudiatedits written

commercial lease agreement dated August 5,2020 (the"Lease") with Plaintiff,
as tenant, for over

40,000 square feet of retail and restaurant space located at The Villageof Gulfstream Park at 901

S. Federal Highway in Hallandale Beach, Broward County, Florida (the"Shopping Center").

2. Subsequently, during the pendency of this action,Plaintiff learned of the tortious

interference in the Lease Gulfstream Park Racing Association,Inc. ("Gulfstream
by third-parties,

Racing") and its principal,
Belinda Stronach.

3 Gulfstream Racing operates a casino within the clubhouse of the Shopping Center.

The casino is small both in size and gaming options,which consist only of electronic table games

ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/06/2022 07:37:02 PM.****
and slot machines.

4. Gulfstream Racing and Belinda Stronach wanted to move the casino from its

existingclubhouse location to the 1700 building(thatwas leased to Plaintiff)
in order to generate

more revenue, in part, because of the additional space to accommodate further gaming optionsas

to the patrons of the Shopping Center.
well as the visibility As such, Gulfstream Racing and

Belinda Stronach viewed the Lease as an impediment to their plan to move the casino and induced

the Landlord to breach the Lease.

5. As such, Gulfstream Park and Ms. Stronach acted in concert and conspiredto assure

that Plaintiff would not be able to occupy the Premises as it was lawfullyentitled to under the

Lease so that Gulfstream Racing could move its casino into the Premises and take Plaintiff' s

place instead. The evidence will bear out that Ms. Stronach and Gulfstream Racing took active

steps to interfere with the Lease and Plaintiff's contractual rightsthereunder for their own

pecuniary gain.

6. Accordingly,pursuant to Florida Rule ofCivil Procedure 1.190, Plaintiffnow seeks

to amend the Complaint to: (a)add Gulfstream Racing and Belinda Stronach as party defendants;

(b) add a cause of action for Tortious Inference with Contractual Relations againstGulfstream

Racing and Belinda Stronach; and (c) add a Civil Conspiracy cause of action againstLandlord,

Gulfstream Park, and Belinda Stronach.

7. The Florida Rules of Civil Procedure reflect a clear policy that,absent exceptional

circumstances,requests for leave to amend pleadingsshould be granted.Fla. R. Civ. P. 1.190. See

State Farm Fire & Cas. Co. v. Fleet Financial Corp.,714 So.ld 111%, 1119 (9 DCA 1998)(''The 'th /'

law favors the trial of cases on their merits and, therefore,a liberal policy of allowing litigants

freedom to amend their See also North American SpecialityIns. Co.
pleadings exists.") v.

2
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
Bergeron Land Development, Inc., 745 So. 2d 359, 362 (Fla.4th DCA 1999) ("As a generalrule,
amend should not be denied unless the privilegehas been abused, there
'

[1]eaveto is prejudiceto

the opposing party, or amendment would be futile."').

8 Granting leave to amend rests within the discretion of the trial court; however, all

doubts should be resolved in favor of allowing amendment. Id. It is well settled that "the failure

to permit amendment constitutes an abuse of discretion unless it clearlyappears the amendment

to amend has been abused, or amendment would
would prejudicethe opposing party, the privilege

be futile." Sun Valley Homeowners, Inc. v. American Land Lease, Inc.,917 So.2d 259,263 (Fla.

2d DCA 2006).None ofthe foregoinggrounds are present in the instant case.
9- Here, Plaintiff has cognizablelegal theories and remedies againstGulfstream

Racing and Ms. Stronach whom it seeks to join,is not bringingthese claims in bad faith or for a

purpose, and the proposed amendment would not be
dilatory futile. This is Plaintiff's first request

to amend the complaint and, thus, the privilegeto amend cannot be deemed to have been abused

by Plaintiff. Accordingly, the scale t*s conclusivelyin favor of allowing Plaintiff to amend its

Complaint.

10. It bears noting that the proposed amendments are based on the same nucleus of

operativefacts that are the subjectof ongoing discovery. The partieshave not yet commenced

and this case
depositions is not set for the trial until next year, on the docket commencing January

17, 2023 through March 31, 2023. Therefore, Defendant cannot crediblyclaim any prejudiceif

the amendment is permitted.See Howell F. Davis & Associates, Inc. v. Laabs, 3%9 So. 2d 1249,

1251 (Fla.2d Dist. App. 1980) (findingthat defendants would not be prejudicedby the granting

motion to amend the complaint where any additional details could be learned
of the plaintiff's

through the discoveryprocess.")

3
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
11. the merits of this claim cannot be resolved unless Plaintiff is permitted
Critically,

to amend the Complaint. Plaintiff would be severelyprejudicedif leave to amend is denied, as

Plaintiff would be forever barred from having these well-founded claims tried on their merits.

Plaintiff should be permittedleave to amend the
Therefore, based on well settled authority,

Complaint.

12. This Motion is made in good faith and the relief requestedis in the best interest of

all partiesand will not otherwise disruptthe judicialproceedings.A copy of Plaintiff's proposed

Amended Complaint is attached hereto as Exhibit "1.
..

WHEREFORE, Plaintiff, requests that the enter an order:
Strike X, LLC, respectfully (i)

grantingit leave to amend the Amended Complaint; (ii)acceptingas filed the proposed Amended

Complaint; and (iii)
grantingsuch other and further relief as this Honorable Court deems justand

proper.

Respectfullysubmitted,

ZARCO EINHORN SALKOWSKI & BRITO, P.A.
Counsel for Plaintiff
One Biscayne Tower
th
2 South Biscayne Boulevard, 34? Floor
Miami, Florida 33131
Telephone: (305) 374-5418
Facsimile: (305) 374-5428

By-.sl Robert Zarco
ROBERT ZARCO
Florida Bar No. 502138
E-mail:
ROBERT F. SALKOWSKI
Florida Bar No. 903124
E-mail: rsalkowski@zarcolaw.com
Secondary acoro@zarcolaw.com
MARY NIKEZIC
Florida Bar No. 92928
E-mail: mnikezic@zarcolaw.com
Secondary: eservice@zarcolaw.com

4
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 6,2022, a true and correct copy of the foregoingwas
served via the Florida Courts' e-Portal upon the following Jordanna Ishmael

com,
[ishmaelj@gtlaw. abrahamd@gtlaw.com, and and Michael N.

Kreitzer and belloy@gtlaw.coml GREENBERG TRAURIG, P.A., 333

S.E. Second Avenue, 44th Floor, Miami, FL 33131.

By-- /sl Mary Nikezic

5
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY,
FLORIDA

CASE NO.: 21-16240 (07)

STRIKE X, LLC,

Plaintiff,
VS.

THE VILLAGE AT GULFSTREAM
PARK, LLC, a Delaware limited liability
Company; GULFSTREAM PARK RACING
ASSOCIATION, INC, a Florida Corporation;
BELINDA STRONACH, an individual

Defendant.
i

AMENDED COMPLAINT
Plaintiff,STRIKE X, LLC, by and through its undersigned counsel, hereby sues

Defendants, THE VILLAGE AT GULFSTREAM PARK, LLC, GULFSTREAM PARK RACING

ASSOCIATION INC., and BELINDA STRONACH, and allegesas follows:

INTRODUCTION

1. This action involves a disputebetween a landlord and its tenant. Unlike other

matters, this case arises from the landlord's express repudiationof a written commercial lease for

over 40,000 square feet of retail and restaurant space located at The Village of Gulfstream Park,

in complete disregardof its contractual,common law and statutory obligations.

JURISDICTION, PARTIES, AND VENUE

2. Plaintiff Strike X, LLC ("StrikeX"), is a Florida limited liability
company with its

placeofbusiness in Miami-Dade County,
principal Florida.

1
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
3 Defendant, The Village at Gulfstream Park, LLC ("Landlord"),is a Delaware

company with its principalplace of business located in
limited liability Broward County, Florida.

4. Defendant, Gulfstream Park Racing Association, Inc. ("Gulfstream Racing"), is a

Florida Corporationwith its principal
placeof business located in Broward County, Florida.

5. Defendant, Belinda Stronach, upon information and belief,is a Florida resident and

principalof Landlord and Gulfstream Racing.

6. This Court has subjectmatter jurisdiction
pursuant to Fla. Stat. § 26.012. Plaintiff

has suffered damages and seeks recovery ofthose damages in an amount that exceeds $40,000,000

based, in part, on the value ofthe leasehold interest.

7. Venue is proper in Broward County, Florida pursuant to Fla. Stat. §47.01 because

the causes of action alleged herein accrued in Broward County, and Defendant has agents and

maintains offices in Broward County, Florida.

8 This case is subjectto reassignment to the Complex LitigationDivision because the

amount in controversy exceeds $150,000.00 and arises from the purchase, sale, or lease of

commercial, real or personalproperty or securityinterests.

GENERAL ALLEGATIONS
9- The Villageat Gulfstream Park is an open-airsporting,
entertainment,dining,

retail and lifestyle
destination located adjacentto Gulfstream Park at 901 S. Federal Highway in

Hallandale Beach, Florida (the"Shopping Center").

10. Gulfstream Racing owns and operates the casino located in the Shopping Center

under the name "Gulfstream Park & Racing Casino".

2
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
11. Gulfstream Racing holds the requisite
licensure issued by the Florida Department

of Business and Professional Regulationto operate the gaming-relatedbusiness at the casino in

the Shopping Center.

12. Pursuant to a Ground Lease dated August 3,2007 between Gulfstream Racing and

Landlord, Landlord has the rightto sublease those buildings,land and Common Areas comprising

includingStrike X. (Lease,§ 1.1 (f)).
the Shopping Center to third parties,

13. Defendant, Belinda Stronach, the daughter of horse racingmogul, Frank Stronach,

is a principalof Gulfstream Racing.

14. Pursuant to a lease dated July 22, 2013, Landlord leased Space 1505 at the

Shopping Center to Strike X, from which Strike X has successfully
owned and operatedsince 2015

a first-class bowling alleyand entertainment center that includes 11 professionalbowling lanes

with the latest touch-screen technology,two small bowling lanes designedspecifically
for younger

children,30 large HD TVs, pool tables,air hockey, an arcade room, and a 50-foot bar, among other

things.

15. Because ofthe success realized in operatingits bowling alleyand lounge,Strike X

quickly outgrew Space 1505, which is comprised of approximately 13,951 square feet of gross

leasable space.

16. on the success of its bowling alleyand lounge,and with the
Seeking to capitalize

complete backing and encouragement of Landlord, Strike X worked with Landlord and identified

Space 1700 within the Shopping Center from which it could grow and expand its business.

17. Space 1700 is unique within the Shopping Center. It is comprised of approximately

41,628 square feet of gross leasable space (Lease,§ 1.0 (b)),nearly two-times the size of Space

3
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
1505, is located immediately off Federal Highway, and is visible to the thousands ofvehicles that

traverse that highway each and every day.

18. On August 5, 2020, Landlord and Strike X entered into a definitive lease (the

"Lease", a copy of which is attached to the Complaint as Exhibit A), in which Strike X as Tenant
leased Space No. 1700 ofthe Shopping Center, includingthe New BuildingAddition (collectively,

the "Premises"),for a Term of 10 years (Lease,§ §1.0 (b),(c)and (d) and 1.1 (d)).The Premises

leased to Strike X is depictedon Exhibit B of the Lease as follows:

EXHIBIT B

SITE PLAN OF THE PREMISES

.i, gJ.IA
EXIST. CONC.
PADS W/ ELEC.
TRANSFORMER

SOUTH PATIO (2,983 SF)
NEW BLDG. ADDITION S
O-/
i

(3.012 S.F.}

LBASE LINE - / LEASE LINE
Y.
,

i
EXIST.
/---C.
'2. +S
j-,N
M # >
EE
1- I,IJr

-?!- EXTERIOR
EXIST.
j
Iin - -Ld-
IEXIST
WALL TO BE REMOVED -

t Jhfypi
SP.NKLER

TIMX
'

IROOM --'i,a
S' 4'
l'U i'-
12
,Zn? #
1 1700
ILEASE
LINE ?
-
(38,010 SF - EXIST BLDG.) MJV.
(3,012 SF NEW ADDITION)
-

IJ 41,628 SF
..
M N,
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-- It
'lll''?k?,r?,f..'..f
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1 NORTH PATIO 128 SF)
A
... .'.,1<4.,9/
it,
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A
(1

VIA DA FORTUNA fA.-
1.
.V ...,I
0,

19. Pursuant to § 1.0 (1)ofthe Lease, Strike X had the rightto use the Premises for "the

operationof a first-class bowling alley,restaurant, arcade (which may include redemption and

4
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
other entertainment or amusement devices ancillarythereto),bar, lounge, hookah lounge, ice

skatingrink and related uses to any of the foregoingunder the trade name "Strike X" and not for

any other purpose or under any other trade name whatsoever, except as may be approved by

Landlord, which approvalshall not be unreasonably withheld [the"Permitted Use"I."

20. In accordance with the Lease, Landlord agreed to expand the Premises at its own

expense to accommodate Strike X's bowling lanes in the manner depictedon Exhibit B of the

Lease before the Premises was delivered to Strike X. Specifically,
Section 6.1 (a)through (d) of

the Lease states in relevant part:

Landlord's Responsibilities.

(a)Landlord shall expand the buildingto accommodate the Tenant's bowling lanes,
as depicted on Exhibit B as the "New Bldg. Addition" and such expanded portion

(i)shall be a water-tightshell,(ii)shall not include any interior finishes such as
flooring, insulation,sprinklersystem or HVAC, and (iii) shall include the roofing,

walls, exterior site work and doors to the extent necessary ("Landlord'sWork"). --

M --.The
portion of the Premises identified on Exhibit B as the "New Bldg.
Addition" shall not be deemed delivered until Landlord's Work is Substantially
Complete. The terms "SubstantiallyCompleted", "SubstantiallyComplete" or
"Substantial Completion", as used throughoutthis Lease, shall mean that the work
beingreferenced is complete in accordance with the relevant approvedplansto such
a degree that only minor punch list items remain to be completed by the responsible
party, and as it relates to Landlord's Work, Tenant may safely commence and
diligentlypursue the completion of Initial Tenant's Work and open for business
without material interference from Landlord in the completion of punch list items
ofLandlord's Work.

(c) Landlord's Work and Tenant's Work may progress simultaneously,and
Landlord and Tenant shall cooperate with each other and use good faith diligent
avoid or at least minimize any material interference with the performance
efforts to
of work by either party...

21. Landlord further agreed "to deliver possessionof the entire Premises [to Strike X]

within six (6)months after full execution and deliveryofth[e]Lease and Landlord's receiptof all

permitsand approvalsrequiredfor Landlord's Work (the"Initial Delivery Deadline").(Lease,§

5
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
1.0 (e)).On information and belief,Landlord has appliedfor,and may have alreadyreceived,all

permitsand approvalsnecessary for it to carry out Landlord's Work.

22. Under the Lease, Strike X agreed to pay rent to Landlord on and after the Rent

Commencement Date, defined in Section 1.0 (e)as:

Rent Commencement Date: The earlier of. (i)one (1) year after Tenant receives:
(A) a fully executed copy of the Lease, (B) approval of Tenant's plans,
and sign drawings for Initial Tenant's Work, (C) the construction
specifications
permitrequiredto perform the Initial Tenant's Work (the"Construction Permit");
and (D) possession,as confirmed in writing,of the entiretyof the Premises,
includingthe portionin which Landlord is completing Landlord's Work, unless
Landlord and Tenant agree otherwise in writing (collectively, (i)(A)-(D),the
the date Tenant opens for business.
"Outside Date"); or (ii)

23. In the event Landlord defaulted under the Lease, Strike X had the rightto pursue
Landlord for specificperformance, equitablerelief,monetary damages and declaratoryrelief in a

Florida court. Section 23.5 ofthe Lease states:

Landlord Default.

Landlord shall in no event be in default in the performance o f any of its obligations
in this Lease unless and until Landlord has failed to perform any such obligation
within thirty(30)days (or such additional time as is reasonablyrequiredto correct
any such default as long as Landlord shall commence to cure the same within said
thirty(30) day period and shall continue to diligentlypursue the same to
completion) after notice by Tenant to Landlord specifyingwherein Landlord has
failed to perform any such obligation.In the event of a default by Landlord under
this Lease which remains uncured, Tenant shall be permitted to seek specific

performance,equitablerelief, monetary damages and declaratory relief concerning
that default in court.

24. In accordance with Section 26.15(c) of the Lease, "[i]feither party [] is a party to

commenced by or against the other party involving this Lease in any respect
any litigation

shall receive from the other party
whatsoever, then the prevailingparty in any such litigation all

costs and reasonable attorneys'fees incurred by such party in said litigation."

6
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
25. Strike X has faithfully
performed its obligationsunder the Lease. Despite that

faithful performance, and in complete disregardof Strike X's lengthytenancy under the lease for

Space 1505, the existence of a binding written contract, i.e., the Lease, Landlord has expressly

under the Lease and has otherwise
repudiatedits obligations failed to comply with its express and

implied obligationsthereunder.

26. On April 13, 2021, and without warning, Marie Long, an attorney for The Stronach

Group, delivered a letter to Strike X and its via E-Mail and Overnight Delivery.Ms.
principals

sent on behalf ofLandlord, not only unsuccessfullyattempts
Long's April 13th letter, to obfuscate

the fact that a binding and enforceable written contract exists between Strike X and Landlord, Ms.

Long's letter completely disregardsthe Lease, Landlord's express and implied obligations
under

the Lease, and the applicablelaw. In her letter Ms. Long advises Strike X that Landlord would

neither recognizenor comply with the express and impliedterms of the Lease. According to Ms.

Long,

"[d]ue to recent developments...,we have come to the realization that the New
Lease with Strike X for Space No. 1700 could materiallyinterfere with the vision
for the Village .-- We therefore regrettably have to inform you that we cannot
proceed with the buildout of the building we previouslydiscussed (including,
as
the additional requested building expansion contemplated under the draft first
amendment of the New Lease, which we will not be able to execute) and request
that you stop incurringany further costs in connection with this space and the New
..
Lease immediately.

See Ms. Long's April 13, 2021 Letter,Exhibit B.

27. As "compensation" for Strike X agreeingto ignore and relinquishits lawful rights
and walk away from the Lease, and perhaps in an apparent attempt to demonstrate the benevolence

of Landlord, Ms. Long arrogantlyinforms Strike X that Landlord "will of course compensate you
for your documented out of pocket costs as requiredunder the New Lease." U.

7
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
28. Strike X does not want to be compensated for its "out ofpocket costs." It wants the
benefit of the bargain to which it is entitled to receive under the Lease, namely, the rightto own

and operate for 10 years, a first-class bowling alleyand other ancillary
business operations.It also

wants Landlord to comply with its express and impliedobligations
under the Lease.

29. The Premises is unique in all respects, including,without limitation,its size,

to Federal Highway, connection to Gulfstream Park's entertainment hub
location,direct visibility

and its patrons, and the structure ofthe Buildingwhich can easilyaccommodate Strike X's planned

ice skatingrink. As such, the Premises is uniquely suitable to accommodate Strike X's business

plan and there are no comparable retail spaces available.

30. Strike X has no legalobligationbecause of Landlord's repudiationof the Lease to

comply with Section 23.5 ofthe Lease and provide Landlord with written notice of default and the

rightto cure such default within thirtydays.Nonetheless, in hope that a notice of default would

spur Landlord into recognizing its express and implied obligationsunder the Lease, and in an

attempt to avoid this litigation,
Strike X delivered a Notice of Default to Landlord on May 13,

2021, demanding that Landlord retract its cure
repudiation, its defaults,and immediately comply

with the express and implied terms of the Lease. A copy of the May 13, 2021 Notice to Cure sent

by Strike X's legalcounsel is attached to this Complaint as Exhibit C.

31. Despite the written demand by Strike X, Landlord has not sought to effectuate a

cure under the Lease and has not withdrawn its express repudiation.Landlord's arrogance and

willful disregardof the law appears unbounded.

Gu!fstream Racing's and Belinda Stronach's Role and Tortious Interference

32. Gulfstream Racing and Belinda Stronach had full knowledge ofthe Lease between

Landlord and Strike X, and knowing that Strike X was an existingtenant, intentionally
interfered

8
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
with the Lease and Strike X's expansion.

33. Strike X recentlycame to learn that the "recent developments" cited in Ms. Long's

April 13,2021 Letter were merely a pretext for the tortious interference by Gulfstream Racing and

Belinda Stronach in the Lease for their own pecuniarygain.

34. Gulfstream Racing owns and operates the casino at the Shopping Center which is

currentlylocated,and has always been located,inside the clubhouse. Due to the limited space, the

casino is comprised of only electronic table games and slot machines.

35. Gulfstream Racing and Belinda Stronach believed that if the casino were moved

from its existingclubhouse location to the 1700 building it would generate more revenue for

Gulfstream Racing, in part, because of the additional space to accommodate further gaming

options which in turn would attract more patrons of the Premises to the
as well as the visibility

patrons of the Shopping Center.

36. Accordingly, Belinda Stronach and Gulfstream Racing viewed the Lease between

Landlord and Strike X as an impediment to their plan to move the casino to the 1700 building

which Strike X was supposed to occupy pursuant to the Lease.
37. As such, Belinda Stronach and Gulfstream Racing acted in concert and conspired

to assure that Strike X would not be able to occupy the Premises as it was lawfullyentitled to under
the Lease so that Gulfstream Racing could move its casino into the Premises and take Strike X's

place instead.

38. in the scheme for
Belinda Stronach and Gulfstream Racing activelyparticipated

their own self-interest to cause Landlord to breach its under the Lease and refuse to
obligations

deliver possessionofthe Premises to Strike X.

9
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
39. Belinda Stronach, as a principalof Gulfstream Racing, stood to benefit financially

from the planned relocation ofthe casino and the substantial increase in potential
casino revenues.

40. Belinda Stronach and Gulfstream Racing knowing there was an existinglease for

the 1700 Premises and Strike X's rightsthereunder,proceededundeterred and planned to take over

the space for their own use and pecuniary gain.

41. As part of this scheme, and in direct derogationof Strike's rightsunder the Lease,

Belinda Stronach and Gulfstream Racing wielded their influence over the Landlord, and

among other things,contrived means by which Landlord could pretextuallydeclare
collectively,

Strike X in default ofthe Lease such that Landlord would be able to exercise its termination rights
thereunder and rid itself of its obligations
to Strike X.

42. Ms. Stronach, actingfor an ulterior purpose and for her own financial gain,among

directed Landlord's agents to feignas though the Landlord
other things, was performingunder the

Lease and intended to continue with the Landlord's Work in their communications with Strike X.

To this end, Ms. Stronach directed Landlord's agents to intentionally
refrain from picking up the

approved plansand permitsfrom the City of Hallandale Beach in order to delay Landlord's Work

and make Strike X believe that such delay was occasioned by the cityas opposed to Defendants'
direct interference.

43. Clearly,Ms. Stronach and Gulfstream Racing's actions interfered with the Lease

by using their influence and control over the Landlord to push the Landlord to repudiate its

under the Lease in order
obligations to replaceStrike X with Gulfstream Racing.

44. All conditions precedent to bringingthis action have been performed, have been

waived or excused, or have otherwise occurred.

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ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
45. Strike X has retained Zarco, Einhorn, Salkowski & Brito,P.A. as its attorneys in

this action and has agreed to pay them reasonable fees in connection therewith. Strike X is entitled
to recovery of its reasonable attorney fees incurred in this action.

CAUSES OF ACTION

COUNT I - BREACH OF CONTRACT/SPECIFIC PERFORMANCE
(Against Landlord)

46. Strike X repeats, realleges,and incorporatesby reference Paragraphs 1 through 45.
47. This is an action for breach of contract and specificperformance of the Lease.

48. The Lease is a valid and enforceable agreement existingbetween Strike X and

of Landlord that must
Landlord, that clearlyand unequivocallydelineates the express obligations

be undertaken in order for Strike X to receive the benefit of the bargain under the Lease.
49. Strike X has performed under the Lease by timely doing everything
substantially

that was requiredof it,and has otherwise timely fulfilled its thereunder.
obligations

50. Landlord, by its express repudiationof the Lease, has failed to comply with the

terms ofthe Lease, has failed to exercise reasonable diligenceand promptness in undertakingand

completing Landlord's Work, and has failed to timely deliver possessionof the Premises to Strike

X
51. Because Landlord has failed and refused to comply with its express obligations,

Strike X is entitled to specificperformance of the terms of the Lease.
52. Strike X remains ready,willingand able to complete its performance under the

terms ofthe Lease.

WHEREFORE, Plaintiff,Strike X, LLC respectfullyrequests that this Honorable Court
enter a judgment in its favor and againstDefendant The Villageat Gulfstream Park, LLC for: (i)

11
ZARCO EINHORN SALKOWSKI & BRITO
ONE BISCAYNE TOWER ?2 S. BISCAYNE BLVD., 34TH FLOOR ?MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ?F: (305) 374-5428
specificperformance by Landlord of the terms of the Lease; (ii)requiringLandlord to deliver

possessionof the Premises to Strike awarding attorneys'fees and costs as allowed under

Case Info

Judge

Tuter, Jack Track Judge’s New Case

Case No.

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Document Filed Date

July 06, 2022

Case Filing Date

August 24, 2021

County

Parties

Conforti, Colby Grossman Attorney for the Plaintiff
Gulfstream Park Racing Association Inc Defendant
Kreitzer, Michael N Attorney for the Defendant
Strike C, LLC Plaintiff
Strike X LLC Plaintiff
Stronach, Belinda Defendant
Village At Gulfstream Park, LLC Defendant
Zarco, Roberto Attorney for the Plaintiff
Robert Salkowski Attorney
Merema Nikezic Attorney
Robert Zarco Attorney
Jennifer Junger Attorneys for Defendants
Jordanna Ishmael Attorneys for Defendants
Diana Albite Attorney
Jude Cooper Attorney
Jon Polenberg Attorney
Gavin Banta Attorney
Steven Berman Attorney

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Document for Strike X LLC Plaintiff vs. Village At Gulfstream Park, LLC , et al Defendant

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