Coon sues Poblano, seeks eviction over unpaid rent

Kelly Holleran Apr. 21, 2009, 5:28am

Beaumont attorney and property owner Brent Coon has filed suit against a local Mexican restaurant, alleging the tenant has failed to pay $300,000 in rent.

Brentwood Investment Developments LLP entered into a lease agreement with Poblano Grill on April 9, 2003, in which Poblano leased 7,600 square feet of space in Suite H of upscale Tuscany Park at 3350 Dowlen Road in Beaumont.

According to the suit, Poblano is in default in the payment of base rent under the lease in the amount of $8,656.33 due on Jan. 1, 2007, and 24 full monthly installments of base rent in the amount of $12,084 each.

Brentwood alleges the payments were due on Feb. 1, 2007, and the first day of each calendar month through Jan. 1, 2009, "for a total amount due of $298,672.33."

The suit also claims Poblano has defaulted on monthly water charges of $27,732.13.

The complaint filed April 16 in Jefferson County District Court, says the original lease was later amended in June 2007 after Poblano defaulted in its monthly installment of base rent, additional rent and water charges.

Before entering into the amended lease, Brentwood filed a forcible detainer action against Poblano in justice court, the suit states.

After the detainer action, Brentwood says it entered into a series of three forbearance agreements.

While the agreements did not cure all of Poblano's lease defaults, it did allow Poblano to remain open on the premises as long as it performed according to the agreement, the complaint states.

Because it entered into an agreement with Poblano, the city of Beaumont dismissed the eviction proceeding without prejudice, the suit states.

However, the plaintiff alleges that Poblano defaulted under the terms of the first forbearance agreement and Brentwood filed another suit for forcible detainer in a second attempt to recover possession of the leased premises.

Brentwood dismissed the second eviction proceeding after it entered into a second forbearance agreement on March 10, 2008, according to the complaint.

Yet again, Poblano defaulted on the terms of the second forbearance agreement, and entered into a third forbearance agreement with Brentwood on Dec. 12, the suit states.

According to the plaintiff, the agreement allowed Poblano to remain on the leased premises as long as it paid weekly rent of $2,000 and complied with all other terms of the lease. In addition, Poblano and Brentwood were to reach an agreement by Dec. 31 on how to cure Poblano's lease defaults.

However, no agreement was reached, the plaintiff claims.

The third forbearance agreement expired and Brentwood gave Poblano notice of default on Jan. 21. Brentwood allowed Poblano until Feb. 6 to cure all its defaults, according to the complaint.

Because no agreement was reached between the two companies, Brentwood delivered a notice to Poblano demanding it vacate the leased premises no later than 5 p.m. on April 3, it claims.

However, Poblano failed to vacate the premises and remained there at the time of the April 16 filing, according to the complaint.

Included as co-defendants in the suit are Gary L. McCarty, Kyle Wynn, Lucky Steve Ott Jr. and Lucky Steve Ott Sr., who each executed a separate limited lease guaranty agreement.

Brentwood is asking the court to declare Poblano liable to Brentwood for all rent and other amounts accrued under the lease to the date of termination of possession, and that Poblano be liable for all costs Brentwood incurred and all rent and other net sums required under the lease to be paid by Poblano during the remainder of the terms of the lease.

It is also asking the court to judge McCarty and Wynn liable for 25 percent of all unpaid rent for the first five years of the initial term of the lease and for Ott Jr. and Ott Sr. to be judged liable for 25 percent of all unpaid rent through and including June 30.

In addition, Brentwood is seeking attorney's fees, pre- and post-judgment interest and other relief to which it may be entitled.

It is represented by C. Scott Mann Jr. of Germer Gertz in Beaumont.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D183-788.

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