09/12/2022
It’s time to address the elephant in the room and get ALL the cards on the table, not just one person’s STORY.
I have been AN owner of MVP since March 2020, The Lease with Market Place Church and the ABC License in my name and in my name ALONE since August 2020. I have paid all the fees not associated with the day-to-day operations out of MY POCKET to date, accounting fees and income taxes. The Pub tried to pay for the rest out of the sales it generates.
There have been several “talks” about me selling my stake in MVP since January 2022, but nothing ever materialized.
A offer was made January 2022 by MPC (landlord) to me (since I hold the lease and it’s entirety in my name) to cancel the lease and just walk away with no obligation for the remainder of the lease. I choose not to do that because of the people that worked there, and I would try to sell instead.
Then the beginning of July 2022 I agreed to “sell” MVP to a third party which Stephanie had an agreement with, with the stipulation the lease and the ABC license had to be out of my name within a reasonable amount of time, 30-60 days. So, Mr. Shell Pearce being the gracious man he is agreed to talk to MPC and its counsel on our behave. Below is the answer to Shell’s offer to MPC and re-assigning the lease.
NOTE ***Mark Myers is the Preacher for MPC and the Property Manager of the strip mall in which he has investors in.
From: Mike Thomas
Sent: Thursday, September 1, 2022 11:34 AM
To: Lori Hardin ; Pearce Law Office
Subject: RE: Market Place Church v. MVP
Shell-
I’ve heard back from Mark Myers. There is no set of circumstances in which our client would want to see this business continue in that location. In addition to the rent default, your folks are now in default on their obligation to maintain general liability insurance on the premises naming my client as an additional named insured and they remain in default on their obligations about the conduct of their business under the rent. Molly sent a notice of the conduct violation a long time ago and they have not been fixed. I understand there has been communication about the insurance issue before, but, to the extent there has not been formal notice of breach, this email is formal notice of the GL obligation violation. Your folks have 30 days to fix that, technically, but, it sure doesn’t seem like they have the money for that, and the rent.
I am very worried that they don’t have their liquor liability insurance in place, too. I’ll give you a chance to check on that before I contact ALE.
If your client does not dismiss the appeal and vacate the premises promptly, my folks will initiate a second eviction based on the termination of the lease as a result of the failure to maintain insurance and rules violations.
Apparently, someone was on the roof recently. I am contemplating a TRO to stop them from operating until they get their GL and other insurance in place. If I were your folks, I’d close down before I got someone seriously hurt and I got sued into the stone age.
If a bunch of folks are funding that business as a de facto partnership or something, which appears to be what’s happening, they are running a huge risk.
Sorry to be blunt, but I wanted to make sure the cards were on the table.
Thanks-
Michael P. Thomas
Patrick Harper & Dixon, LLP
MVP had its typical bar/pub issues with patrons and police and ALE. I am guessing this is one of the reasons it went the path it did.
Then Last Thursday 9/8/2022 I get this email.
Mark Myers
To:[email protected]
Thu, Sep 8 at 11:16 AM
Good morning Mike,
As discussed I our phone call this morning. The offer is good only for the next 24 hours. Surender the space currently occupied my MVP Pub and cancel your liquor license and cease all operations. In return we will stop all legal action.
In other words give me the space back and walk away. I have no interest in any of your personal belongings or any property that belongs to vendors. I will make sure any equipment that belongs to others is available for them to pick up.
We will not hinder them. We want the place closed as soon as possible. We are currently on the calendar for court the first of next week, if you choose not to Surender today we will continue with all legal means necessary to evict MVP Pub from our location.
To be clear All we want in the place closed and the space retuned to us without any further complications.
ALE agent Chess McQueen 1 336 123-4567
Please respond to this very important matter.
Mark Myers
[email protected]
Then Friday 9/9/2022 at 4:42PM I get copied on his email
From: Mark Myers
Sent: Friday, September 9, 2022 4:39 PM
To: Mike Thomas
Subject: Re: Surender of Space
Importance: High
Mike Thomas,
I did a phone poll of my board today and If Mr. Carlton fails to execute the Documents today it is our intention to continue the evection process, we have in place for the multiple volition of the lease agreement until we have successfully removed MVP Pub from this location. And we intend to sue for all damages and for the space to be returned to plain vanilla and the demising wall retuned in accordance with the lease agreement. We understand that the likely hood of recovering any money is slim, but we plan to place any liens or judgements that we are allowed by the law to do so, as well as report to the Credit Bureau the late payment history and any judgment we are able to secure.
Thank’s Mike I thought we could resolve this today have a great weekend and I will see you at the court hearing next week.
Mark Myers
[email protected]
So I was the only one that this would fall against and be responsible for all the judgements and liable for all the liens. So YES I took the deal to close MVP.
