Motion to Strike Initial Pleading in Strike X LLC Plaintiff vs. Village At Gulfstream Park, LLC , et al Defendant| Trellis.Law

On August 24, 2021 a Complaint,Petition 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 # 133336609 E-Filed 08/24/2021 06:05:39 PM

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

CASE NO.:

STRIKE X, LLC,

Plaintiff,
VS.

THE VILLAGE AT GULFSTREAM
PARK, LLC,

Defendant.
i

COMPLAINT

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

VILLAGE AT GULFSTREAM PARK, LLC, and alleges as follows:

INTRODUCTION

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

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

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

in complete disregard of its contractual, common law and statutory obligations.

JURISDICTION,PARTIES, AND VENUE

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

principal place ofbusiness in Miami-Dade County, Florida.

3 Defendant The Village at Gulfstream Park, LLC ("Defendant" or "Landlord"), is a

Delaware limited liability company with its principal place ofbusiness located in Broward County,

Florida.

ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 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 08/24/2021 06:05:30 PM.****
4. This Court has subject matter 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 of the leasehold interest.

5. 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.

6. This case is subject to reassignment to the Complex Litigation Divisionbecause the

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

commercial, real or personal property or security interests.

GENERAL ALLEGATIONS

7. The Village at Gulfstream Park is an open-air sporting, entertainment, dining,

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

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

8 Pursuant to a Ground Lease dated August 3,2007 between non-party Gulfstream

Park Racing Association, Inc. and Landlord, Landlord has the right to sublease those buildings,

land and Common Areas comprising the Shopping Center to third parties, including Strike X.

(Lease, § 1.1 (f)).

9- Gulfstream Park Racing Association, Inc. and Landlord, through a labyrinth of

various holding companies, subsidiaries,affiliates, and general and limited partners, are related to

each other, and are
ultimately owned by the Stronach Group, a Canadian based conglomerate that

owns or manages a number of fabled thoroughbred tracks, simulcasting venues, and off-track

betting facilities located throughout the United States and elsewhere, including Gulfstream Park,

2
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
Santa Anita Park, and Pimlico Race Course. The Stronach Group is controlled by Belinda

Stronach, the daughter of Frank Stronach.

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

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

a first-class bowling alley and entertainment center that includes 11 professional bowling lanes

with the latesttouch-screentechnology,two small bowling lanes designed specificallyfor younger

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

things.

11. Because ofthe success realized in operating its bowling alley and lounge, Strike X

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

leasable space.

12. Seeking to capitalize on the success of its bowling alley and lounge, and with the

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.

13. 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

1505, is located immediately off Federal Highway, and is visible to the thousands ofvehicles that

traverse that highway each and every day.

14. 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, including the New Building Addition (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 depicted on Exhibit B of the Lease as follows:

3
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
EXHIBIT B

SITE PLAN OF THE PREMISES

EXIST.CONC.
PADS VW ELEC.
AAx AL L

TRANSFORMER

NEW BLDG. ADDITION
r- SOUTH PATIO (2.983SF)
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iELEC --
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Iln WALL TOBE REMOVED-j

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(3,012 SF NEW ADDITION)
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15. Pursuant to § 1.0 (1) ofthe Lease, Strike X had the right to use the Premises for "the

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

other entertainment or amusement devices ancillary thereto), bar, lounge, hookah lounge, ice

skating rink and related uses to any of the foregoing under 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 approval shall not be unreasonably withheld [the "Permitted Use"I."

16. 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 depicted on Exhibit B of the

4
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
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 building to 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-tight shell, (ii) shall not include any interior finishes such as
flooring, insulation, sprinkler system or HVAC, and (iii) shall include the roofing,
walls, exterior site work and doors to the extent necessary ("Landlord'sWork"). --

(b)....The portion of the Premises identified on Exhibit B Bldg.
as the "New
Addition" shall not be deemed delivered until Landlord's Work is Substantially
Complete. The terms "Substantially Completed", "Substantially Complete" or
"Substantial Completion", as used throughout this Lease, shall mean that the work
being referenced is complete in accordance with the relevant approvedplans to 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
diligently pursue the completion of Initial Tenant's Work and open for business
without material interference from Landlord in the completion of punch list items
ofLandlord'sWork.

(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
efforts to avoid or at least minimize any material interference with the performance
of work by either party...

17. Landlord further agreed "to deliver possession of the entire Premises [to Strike X]

within six (6) months after full execution and delivery ofth[el Lease and Landlord's receipt of all

permits and approvals required for Landlord's Work (the "Initial Delivery Deadline"). (Lease, §

1.0 (e)). On information and belief, Landlord has applied for, and may have already received, all

permits and approvals necessary for it to carry out Landlord's Work.

18. 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,
specifications and sign drawings for Initial Tenant's Work, (C) the construction
permit required to perform the Initial Tenant's Work (the "Construction Permit"),
5
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
and (D) possession, as confirmed in writing, of the entirety of the Premises,
including the portion in which Landlord is completing Landlord's Work, unless
Landlord and Tenant agree otherwise in writing (collectively, (i)(A)-(D), the
"Outside Date"); or (ii) the date Tenant opens for business.

19. In the event Landlord defaulted under the Lease, Strike X had the right to pursue

Landlord for specific performance, equitable relief, 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 theperformance of 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 reasonablyrequired to correct
any such default as long as Landlord shall commence to cure the same within said
thirty (30) day period and shall continue to diligently pursue the same to
completion) after notice by Tenant to Landlord specifying wherein 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, equitable relief, monetary damages and declaratoryrelief concerning
that default in court.

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

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

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

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

21. Strike X has faithfully performed its obligations under the Lease. Despite that

faithful performance, and in complete disregard of Strike X's lengthy tenancy under the lease for

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

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

implied obligations thereunder.

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

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

6
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
Long's April 13th letter, sent on behalf ofLandlord, not only unsuccessfully attempts to obfuscate

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

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

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

neither recognize nor comply with the express and implied terms of the Lease. According to Ms.

Long,

"[d]ue developments..., we have come to the realization that the New
to recent
Lease with Strike X for Space No. 1700 could materially interfere with the vision
for the Village We therefore regrettably have to inform you that we cannot
.--

proceed with the buildout of the building as we previously discussed (including,
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 incurring any further costs in connection with this space and the New
..

Lease immediately.

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

23. As "compensation" for Strike X agreeing to ignore and relinquishits lawful rights

and walk away from the Lease, and perhaps in an apparent attemptto demonstratethe benevolence

of Landlord, Ms. Long arrogantly informs Strike X that Landlord "will of course compensate you

for your documented out of pocket costs as required under the New Lease." U.

24. 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 right to own

and operate for 10 years, a first-classbowling alley and other ancillary business operations. It also

wants Landlord to comply with its express and implied obligationsunder the Lease.

25. Strike X has no legal obligation because of Landlord's repudiation of the Lease to

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

right to cure such default within thirty days. Nonetheless, in hope that a notice of default would

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

7
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
attempt to avoid this litigation, Strike X delivered a Notice of Default to Landlord on May 13,

2021, demanding that Landlord retract its repudiation, cure its defaults, and immediatelycomply

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

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

26. 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 disregard of the law appears unbounded.

27. All conditions precedent to bringing this action have been performed, have been

waived or excused, or have otherwise occurred.

28. Strike X has retained Zarco, Einhorn, Salkowski & Brito, P.A. as its attorneys in

this action and has agreed to pay them reasonablefees 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

29. Strike X repeats, realleges, and incorporates by reference Paragraphs 1 through 28.

30. This is an action for breach of contract and specific performance of the Lease.

31. The Lease is a valid and enforceable agreement existing between Strike X and

Landlord, that clearly and unequivocally delineates the express obligations of Landlord that must

be undertaken in order for Strike X to receive the benefit of the bargain under the Lease.

32. Strike X has substantially performed under the Lease by timely doing everything

that was required of it, and has otherwise timely fulfilledits obligations thereunder.

33. Landlord, by its express repudiation of the Lease, has failed to comply with the

terms of the Lease, has failed to exercisereasonable diligence and promptness in undertaking and

8
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
completing Landlord's Work, and has failed to timely deliver possession of the Premises to Strike

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

Strike X is entitled to specific performance of the terms of the Lease.

35. Strike X remains ready, willing and able to complete its performance under the

terms of the Lease.

WHEREFORE, Plaintiff, Strike X, LLC respectfully requests that this Honorable Court

enter a judgment in its favor and against Defendant The Village at Gulfstream Park, LLC for: (i)

specific performance by Landlord of the terms of the Lease; (ii) requiring Landlord to deliver

possession of the Premises to Strike X; (iii) awarding attorneys' fees and costs as allowed under

the Lease; and (iv) such other and further relief as this Honorable Court deems just.

COUNT II -

BREACH OF CONTRACT/BREACHOF THE
IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

36. Strike X repeats, realleges, and incorporatesby reference Paragraphs 1 through 28.

37. The Lease is a valid and enforceable agreement between the parties.

38. Landlord had a duty under the Lease to exercise reasonable diligence and

promptness in undertaking and completing Landlord's Work, and by timely delivering possession

of the Premises to Strike X.

39. In addition to its express obligations under the Lease, Landlord owes Strike X a

duty of good faith and fair dealing in carrying out is obligations under the Lease in a manner that

will protect the reasonable expectations of Strike X under the Lease.

40. By letter dated April 13,2021, Landlord repudiated its obligations under the Lease.

By its repudiation, as well as its failure to exercise reasonable diligence and care in carrying out

9
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
Lanldord's Work and delivering the Premises to Strike X, Landlord breached the Lease and its

duty of good faith and fair dealing.

41. Landlord's breach of the Lease has caused Strike to incur damages, including

special damages, and lost profits, among others.

WHEREFORE, Plaintiff, Strike X, LLC respectfully requests that this Honorable Court

enter a judgment in its favor and against Defendant The Village at Gulfstream Park, LLC for: (i)

(i) actual and compensatory damages in an amount to be determined at trial, including attorneys'

fees, costs and interest; (ii) consequential, incidental and special damages, including lost profits,

in an amount to be determined at trial; and (iii) such other and further relief as this Honorable

Court deems just and proper.

COUNT III -

VIOLATIONOF FLORIDA DECEPTIVE
AND UNFAIR TRADE PRACTICES ACT

42. Strike X repeats, realleges, and incorporates by reference Paragraphs 1 through 28.

43. This is an action for violation o f the Florida Deceptive and Unfair Trade Practices

Act, Fla. Stat. §501.203(3) ("FDUTPA").

44. Landlord is engaged in the conduct o f trade and commerce in the State o f Florida.

45. As reflected in Paragraphs 14-24, supra, Landlord has engaged in unlawful and

unfair methods of sale and competition, unconscionable acts or practices and unfair or deceptive

acts or practices in the conduct of trade or commerce in violation of the FDUTPA.

46. As a direct, proximate and foreseeable result of Landlord's violation of the

FDUTPA, Strike X has suffered and continue to suffer actual damages.

47. Pursuant to Fla. Stat. §501.2105, Strike X is entitled to recover its attorneys' fees

and costs from Landlord.

10
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
WHEREFORE, Plaintiff, Strike X, LLC respectfully request that this Honorable Court

enter a judgment in its favor and against Defendant The Village at Gulfstream Park, LLC for: (i)

actual damages in an amount to be determined at trial, including attorneys' fees, costs and interest;

and (ii) such other and further reliefas this Honorable Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff, Strike X, LLC, respectfully demands a trial by jury of all issues so triable under

the laws of the State of Florida.

ZARCO EINHORN SALKOWSKI& BRITO, P.A.
Counsel for Plaintiff
One Biscayne Tower
th
2 South Biscayne Boulevard, 34z 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:

Secondary acoro@zarcolaw.com
MARY NIKEZIC
Florida Bar No. 92928
E-mail:
Secondary:

11
ZARCO EINHORN SALKOWSKI& BRITO
ONE BISCAYNETOWER ? 2 S. BISCAYNE BLVD., 34TH FLOOR ? MIA&n, FLORIDA 33131 ? T: (305) 374-5418 ? F: (305) 374-5428
LEASE

THE VILLAGE AT GULFSTREAM PARK

Hallandale, Florida

LANDLORD

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

TENANT

STRIKE X LLC,
a Florida limited liability company

Space No. 1700

A
TABLE OF CONTENTS
Page

ARTICLE I INTRODUCTORYPROVISIONS 1

Section 1.0 -

Basic Lease Provisions. 1

Section 1.1 -

Defined Terms. 4

ARTICLE II EXHIBITS 6

Section 2.0 -

Exhibits 6

ARTICLE III PREMISES. 6

Section 3.0 -

Premises 6

Section 3.1 -

Gross Leasable Area ofthe Premises. 7

Section 3.2 -

Landlord's Reservation 7

Section 3.3 -

Intentionally Deleted 8

Section 3.4 -

Intentionally Deleted 8

ARTICLE IV COMMON AREAS. 8

Section 4.0 -

Tenant's Use of Common Areas 8

Section 4.1 -

Management and Operation of Common Areas. 8

ARTICLE V CHANGES AND ADDITIONS TO SITE PLANS 9

Section 5.0 -

Site Plans 9

Section 5.1 -

Changes to Site Plans. 9

ARTICLEVI IMPROVEMENTS; TENANT'S WORK 10

Section 6.0 -

ConstructionAllowance 10

Section 6.1 -

Landlord's Responsibilities 13

Section 6.2 -

Tenant's Responsibilities 14

Section 6.3 -

Tenant's Trade Fixtures and Specific Use 16

Section 6.4 -
Labor Cooperation. 17

1
ARTICLEVII PLANS AND SPECIFICATIONS 17

Section 7.0 -

Submission of Plans and Specifications 17

ARTICLEVIII USE 19

Section 8.0 -

Operation and Use of Premises. 19

Section 8.1 -
Tenant's Covenant to Operate 19

Section 8.2 -

Prohibitionson Use. 20

Section 8.3 -

Manner of Operation of Business 21

Section 8.4 -

Hazardous Materials. 21

Section 8.5 -
Radon Gas. 22

Section 8.6 -

Patio Area. 22

Section 8.7 -
Exclusive Use. 24

ARTICLE IX TERM 26

Section 9.0 -

Commencement Date 26

Section 9.1 -

Holding Over 26

Section 9.2 -

Expiration ofthe Term ofthe Lease. 26

Section 9.3 -

Option to Extend Term. 27

ARTICLE X RENT COMMENCEMENT DATE 27

Section 10.0 -

Rent Commencement Date 27

Section 10.1 -

Tenant's Failure to be Open bythe Outside 27

ARTICLE XI RENT 28

Section 11.0 -

Fixed Minimum Rent. 28

Section 11.1 -

Late Charge and 28

Section 11.2 -

Percentage Rent. 28

Section 11.3 -
Additional Charges 33

Section 11.4 -

Intentionally Deleted. 34

11
Section 11.5 -

Taxes for Which Tenant is Directly 34

Section 11.6 -

Rent Sales Tax 34

Section 11.7 -

AdditionalRent 34

Section 11.8 -

Intentionally Deleted. 35

Section 11.9 -

Intentionally Deleted. 35

Section 11.10 -

Intentionally Deleted 35

ARTICLE XII PREMISES UTILITY SERVICES 35

Section 12.0 -

Utility Service Charges. 35

Section 12.1 -
Discontinuance of 36

Section 12.2 -

Interruption of Service. 37

ARTICLE XIII SIGNS 37

Section 13.0 -

Storefront Sign. 37

Section 13.1 -

Interior Signs and Advertising 37

ARTICLEXIV REPAIRS AND ALTERATIONS 38

Section 14.0 -

Repairs by Landlord 38

Section 14.1 -

Repairs By Tenant. 39

Section 14.2 -

Alterationsand 39

ARTICLE XV LIENS 40

Section 15.0 -

Liens Prohibited against Landlord's Interest 40

Section 15.1 -

Lien Indemnificationby 41

Section 15.2 -

Intentionally Deleted. 41

ARTICLE XVI INDEMNITY AND INSURANCE 41

Section 16.0 -

Indemnification 41

Section 16.1 -

Tenant's Insurance 42

Section 16.2 -

LandlordNot Responsible for Acts of Others. 44

111
Section 16.3 -
Landlord's Insurance. 44

ARTICLEXVII GENERAL PROVISIONS 45

Section 17.0 -

Rules and Regulations 45

Section 17.1 -

MerchantHandbook 45

Section 17.2 -
Rubbish 45

Section 17.3 -

Lighting 45

Section 17.4 -
Merchandise Display, Loading and Unloading 46

Section 17.5 -

Obstructionof Passageways. 46

Section 17.6 -

Employee Parking. 46

Section 17.7 -

Valet 47

ARTICLEXVIII SUBORDINATIONAND ATTORNMENT BY 47

Section 18.0 -

Subordination of Lease 47

Section 18.1 -

Attornment by 48

Section 18.2 -

Intentionally Deleted. 48

ARTICLE XIX RIGHTS OF LANDLORD 48

Section 19.0 -

Landlord's Rightto Access and 48

Section 19.1 -

Landlord's Right to Affix to Exterior. 49

Section 19.2 -

Landlord's Right to Make Payments on Behalf of 50

ARTICLE XX ASSIGNMENT AND SUBLETTING 50

Section 20.0 -

Actions Covered 50

Section 20.1 -

Restrictions 51

Section 20.2 -

Liability to Landlord. 52

Section 20.3 -

Excess Rents. 53

Section 20.4 -

Recapture. 53

Section 20.5 -

Landlord's Transfers. 53

iv
Section 20.6 -

No Release of Liability. 53

ARTICLE XXI DAMAGE OR DESTRUCTION. 54

Section 21.0 -

Landlord's Obligation to Repair and 54

Section 21.1 -

Landlord's Option to Terminate 55

Section 21.2 -
Demolitionof Landlord's 55

ARTICLE XXII CONDEMNATION. 56

Section 22.0 -
Effect of Taking. 56

Section 22.1 -

Compensationand Awards 56

Section 22.2 -
Condemnation not a Breach of Lease. 56

ARTICLE XXIII DEFAULT. 57

Section 23.0 -
Default. 57

Section 23.1 -

Remedies and Damages 58

Section 23.2 -

Intentionally Deleted. 60

Section 23.3 -

Intentionally Deleted. 60

Section 23.4 -

Waiver of Rights of Redemption 60

Section 23.5 -

Landlord Default. 60

ARTICLEXXIV COMPETITION. 60

Section 24.0 -

Restriction on Tenant. 60

Section 24.1 -

Imposition of Damages. 61

ARTICLE XXV NOTICES 61

Section 25.0 -

Notices to Tenant and Landlord 61

ARTICLE XXVI MISCELLANEOUS 61

Section 26.0 -

Accord and Satisfaction 61

Section 26.1 -

Complete Agreement 61

Section 26.2 -

Brokerage 62

V
Section 26.3 -
Effective Date of Lease. 62

Section 26.4 -

Estoppel Certificates 62

Section 26.5 -

Force Majeure. 63

Section 26.6 -

Governing Law 64

Section 26.7 -
Recordation. 64

Section 26.8 -

Quiet 64

Section 26.9 -

Rent Demand. 65

Section 26.10 -

Section and Title 65

Section 26.11 -

Interpretation;Joint and Several 65

Section 26.12 -

Successors and Assigns. 65

Section 26.13 -
Waiver 65

Section 26.14 -

Limitation on Landlord's 66

Section 26.15 -

Litigation 66

Section 26.16 -

Survival. 67

Section 26.17 -

Severability. 67

Section 26.18 -

Counterparts 67

Section 26.19 -

Patriot Act. 67

Section 26.20 -

Existing Lease 67

vi
Index of Defined Terms

Defined Term Section
25K Section 7.0 -

(a)
75K Section 7.0 -

(a)
325K Section 7.0 -

Case Info

Judge

Tuter, Jack Track Judge’s New Case

Case No.

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Document Filed Date

August 24, 2021

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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Complaint,Petition: Strike X LLC Plaintiff vs. Village At Gulfstream Park, LLC , et al Defendant

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