Crossroads Center tenants in dispute over agreement

Marilyn Tennissen May 27, 2008, 7:56am

The owners of portions of a strip mall are suing and seeking a restraining order against adjacent parcel owners for allegedly violating a prior agreement.

Samantha Center I LLC filed a suit and an application for a TRO against Azam Beaumont Enterprises LLC on May 22 in Jefferson County District Court. Samantha and Azam are owners of adjacent parcels in the Crossroads Shopping Center. Samantha owns parcels I and III, while Azam is sandwiched between on parcel II.

According to the original petition, the plaintiff seeks to enforce a mediation agreement between Beaumont Crossroads Ltd. and Azam on Nov. 16, 2007. The agreement was assigned to Samantha Center I when it purchased Beaumont Crossroads' fee interest in Crossroads Shopping Center. In it, Azam agreed to pay $1,600 per month for a period of seven years.

The suit claims that under the Crossroads Shopping Center Declaration of Restrictions and Grant of Easements, no part of parcels I, II or III can be used as a game room.

"Nonetheless, Samantha has learned that Azam has constructed and is operating a game room on the property in violation of the Declaration of Restrictions," the suit states. "Samantha now seeks injunctive relief from the court in order to prevent this breach."

The plaintiff also claims that the Declaration of Restrictions prevents construction or exterior changes on parcel II without prior approval from the owner of parcels I and II. Samantha alleges that Azam has already made alterations and painted the exterior of the building.

In addition, Samantha claims Azam has violated the easement access conditions by designating a portion of the easement for its customer parking.

"Azam's refusal to acknowledge the Mediation Agreement by refusing to pay the $1,600 per month as agreed to constitutes an anticipatory breach and repudiation of the Mediation Agreement and plaintiff is entitled to bring this suit seeking specific performance of the Mediation Agreement," the suit states.

Samantha is asking Judge Donald Floyd, 172nd District Court, to issue a temporary restraining order to stop Azam from operating a game room on the property, making modifications to the exterior of the building and marking the access easement for customer parking until a hearing for a permanent injunction can be held.

Anh H. Regent of Regent & Associates in Houston is representing Samantha Beaumont Center I.

Case No. E181-788

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