›› PDF: View Patriot Place settlement agreement documents
After thousands of dollars in court fees and improvements, The Three Legged Monkey's lease at Hawkins Plaza may end.
This comes after the city of El Paso agreed to purchase the shopping center from developer Patriot Place Ltd., which leases the property to various tenants, for $2.9 million in a settlement signed on May 23.
The property, at 1550 Hawkins Blvd., was appraised at $1.2 million by the Central Appraisal District.
If the
settlement is approved by a court judge, Patriot Place is expected to terminate the leases of the Three Legged Monkey and Monaco Entertainment Group, which had recently leased the space that once housed the Wet nightclub, before letting the city take over."Patriot shall terminate the leases at the shopping center of The Three Legged Monkey and Monaco Entertainment Group (the 'Undesired Leases') to the extent not previously terminated, and cause such tenants to vacate the respective lease premises thereunder. Patriot shall be entitled to terminate the Undesired Leases at any time prior to closing," documents stated.
All other properties currently at the shopping center can continue to operate there.
"The city is trying to bully Patriot
Place by kicking me out," said Mike Armstrong, owner of The Three Legged Monkey. "I eventually knew that this day would come, and I'm prepared to defend myself."The East Side bar has been at the center of a battle with the city and the Cielo Vista Neighborhood Association, which had long complained about noise, overcrowding and lack of security at the bar.
Armstrong said he attempted to remedy issues with the neighbors to no avail.
In February 2011, residents renewed their call to oust the bar after the death of a Fort Bliss soldier occurred just outside the bar. That death resulted in a 6-2 vote by City Council members to start the process of ending the lease.
But a motion for bankruptcy by Hawkins Plaza leaseholder, Patriot Place, postponed the city's process.
This increased tensions between the city, residents and Armstrong. City officials and residents continued to push for the bar's closure citing safety problems and $300,000 that was spent on police calls from 2007 to 2012
The situation came to a head when Las Vegas nightclub owner David Cooper leased a suite that once housed the Wet nightclub at the center. Cooper had planned to open a salsa bar, the Miami Social Club, but was met with opposition from residents and the city.
Armstrong and Cooper responded by individually suing three area residents and city officials.
Armstrong sued three residents and Mayor John Cook, claiming defamation, interference, negligence by falsely or maliciously reporting offenses to city officials and law enforcement and business disparagement.
Likewise, Cooper and Monaco Entertainment Group LLC filed a suit against three neighborhood residents and the Cielo Vista Neighborhood Association alleging defamation, tortious interference, civil-rights violations of the Fourth and 14th Amendments, and equal protection.
A district court judge and a federal court judge dismissed both lawsuits by Armstrong and Cooper.
Despite previous plans to appeal their cases, this action from the city has made it clear they are not wanted, Cooper said.
"I think this sets a dangerous precedent to spend $3 million to eliminate a business," Cooper said of the city's settlement. "There is no clearer way to say the city does not welcome you than what they've done here. It's definitely not welcoming of outside business."
Had the city not been so eager to push Monaco Entertainment and the Three Legged Monkey out, they could have had the leases without spending millions Cooper said.
"All they needed to do was wait 14 years for the developer's lease to terminate and they could have the leases free and clear," Cooper said. "Instead they are doing all this to shut a bar down, and the residents don't seem to understand that they will not be the only ones paying for this purchase, but their children and their grandchildren."
Mark Benitez, president of the Cielo Vista Neighborhood Association, could not be reached for comment Friday.
When asked why the city agreed to purchase the leases from Patriot Place for more than double what the leases were actually valued at, officials with the city said they could not comment on the specifics of the agreement because they are still in litigation.
"The case is still in the Bankruptcy Court," said Julie Lozano, spokeswoman for the city, in a written response. "And we are in negotiations and the issue is not finalized. I apologize that we can not share any other details."
City Rep. Emma Acosta said that while she hadn't been briefed on the settlement, the area has the potential to be a site for prime real estate, including hotels.
"There is a booming interest in the area," Acosta said. "It's developing and expanding and we think it could be developed into something else. It's prime real estate and I think we can have something there that is amendable to the neighborhood and the area itself."
Because Cooper had leased the property soon after Patriot Place filed for bankruptcy, he expects to recover about $70,000 from Patriot Place.
"Patriot Place should have settled with us a long time ago when things were less expensive," Cooper said. "Instead David Brandt and Patriot Place just used me until they didn't need me any longer."
Armstrong said he has not received a notification from the developer to vacate the space just yet, but if he does, he vows to continue fighting.
"We've been waiting for the opportunity to challenge the collusion, cronyism and corruption involving Hawkins Plaza and the city," Armstrong said. "We look forward to our day in court."
Alex Hinojosa may be reached at ahinojosa@elpasotimes.com; 546-6137.
Cool Britannia rules OK: Britain sets the fashion trends and the world follows - Daily Mirror
It’s Jubilee weekend and patriotism is sweeping the nation. When it comes to celebrating the best of British, our fashion industry has to be near the top of the list.
The industry is renowned – from the best high street shopping on the planet to our iconic design brands such as Burberry and Mulberry.
We set the trends and the rest of the world follows!
Our leading figures are global names – Alexander McQueen has never been hotter thanks, in part, to THAT royal wedding dress created by Sarah Burton, and Dame Vivienne Westwood has managed to transcend the decades, going from punk rebel to UK treasure.
Homegrown stars Kates Moss and Middleton, Alexa Chung and Victoria Beckham, have become international style icons, with the fashion pack watching their every move.
And the Queen herself knows how to rock an outfit or two. Her Maj is a fan of the dress and coat combo in block brights – from fuchsia pink to the primrose yellow Angela Kelly outfit she wore to Kate and Wills’ wedding.
She’s not a slave to fashion, but has found a style that works for her and she’s stuck to it. And she always stands out in a crowd.
She’s never without a hat to match, demure two-inch heels and a stylish handbag.
And, of course, she can rock a tiara without looking like she’s playing dress-up!
When it comes to street style, no one does it like we do – you only have to wander down any British high street to be inspired.
Unlike other nations who often play it safe (ie, dull), when it comes to fashion we’re not afraid to embrace our inner eccentric.
You only have to look at actress Tilda Swinton working an androgynous look on the red carpet in a man’s suit or Vivienne Westwood in a bustier that makes Madonna look like a shrinking violet.
Yep, we should be proud of our fashion heritage – even the Royal Mail is flying the flag for British style with a new collection of 10 stamps celebrating iconic designers past and present, including Paul Smith, Ossie Clark and Norman Hartnell, who designed the Queen’s wedding dress.
On Monday, I’ll be heading off to my local street party to celebrate and the entire family will no doubt be decked out in red, white and blue – armed with dips and nibbles (my contribution to the catering), royal masks and about 200 metres of fab Union Jack bunting to hang.
I can’t wait to start the dancing.
Cool Britannia rules OK!
Shopping tops Jedburgh chairman’s list - thesouthernreporter.co.uk
JEDBURGH people want a bigger better supermarket according to the town’s community council chairman Richard Gordon, writes Sally Gillespie.
Giving his report to fellow councillors at last week’s annual general meeting he said: “From soundings I have taken, I’m firmly of the opinion that the majority of townsfolk want better, more competitive shopping provision in Jedburgh than currently exists.”
He said it was one of the subjects the council had discussed over the last year that remained unresolved.
“The town isn’t as one on this issue and there have been differing views expressed courteously and sincerely around this table. I have no doubt that the refusal, earlier this year, of the latest planning application, isn’t the last we’ll hear on the topic”, he said.
The councillor welcomed the near ending of what he described as the saga of 31 High Street, more commonly referred to locally as ‘Bert’s shop’, set to be demolished this summer.
He added: “Hopefully, redevelopment of the site, probably for affordable housing, will be undertaken sooner rather than later.”
But he cautioned: “Steps must be taken to ensure that as much as possible of the public money spent on the site is returned to the coffers.”
He was critical of efforts to renovate the town’s Jubilee fountain, originally commissioned to mark Queen Victoria’s golden jubilee in 1887.
Two years ago, the town’s common good fund approved a grant of £8,537 towards the costs of refurbishment work, with the balance of more than £10,000 to be provided by Scottish Borders Council and the Scottish Government. Work on the structure is complete but questions remain over it being permanently connected to a water supply.
“I find it little short of amazing that a scheme to totally renovate and restore water to the famous Moffat Ram was carried out within four months while work on our more modest fountain has dragged on for years, “ said Councillor Gordon.
The community council’s action to celebrate the present Queen’s Diamond Jubilee include planting pear trees in the gardens at Mary, Queen of Scots’ House for which he thanked Councillors John Bathgate, Ray King and Hugh Wight who were involved.
He added: “I’m sure it will be a success and leave a lasting mark of the Diamond Jubilee in the Royal Burgh. Another scheme under consideration is the installation of fitness equipment along what was the Trim Track. Councillor Kevin Hill has been particularly involved and should be recognised.”
He reported Jedburgh Christmas Lights situation was more secure with more money being donated.
“A big thanks is due to everyone who has helped in the fundraising effort. Keeping Jedburgh lit up at Christmas will always be a challenge but, I’m sure, ways will always be found to ensure the festive season in the town is celebrated in lights”, he said.
Mr Gordon continues as chairman Councillor King as vice chairman, Councillor Joe Coulson as treasurer and Susan Elliot as secretary.
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