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Tenants, Westchase center battling it out in court

By Rodney Thrash, Times Staff Writer
In print: Friday, October 10, 2008

In six months, five Westchase Town Center tenants have moved out and have been served breach of contract suits.
	[MELISSA LYTTLE | Times]

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WESTCHASE — Six years ago, Orlando developer Alan Charron unveiled plans for his 11.9-acre vision:

A 100,000-square-foot plaza with specialty shops, professional offices, restaurants and water cascading down a fountain centerpiece.

People outdoors selecting fruit and vegetables at a Saturday morning market.

Now, less than two years after Westchase Town Center became reality, businesses are closing and courtroom battles are brewing.

In six months, five tenants have moved out and have been served breach of contract suits.

One has moved to larger space inside the Westfield Citrus Park mall.

And a current tenant not involved in any of those five cases is suing Charron.

Managers of all six businesses declined interviews with the St. Petersburg Times.

Charron, president of Real Property Specialists, responded to questions by e-mail. Most of the information in this story was obtained through a review of Hillsborough court files.

Complaint after complaint alleges that tenants stopped paying rent, taxes, insurance and common area maintenance fees.

Body Bella, LLC, allegedly owed the center $100,265; After Neiman's Interiors, LLC, $164,158; Mario E. Rodriguez, CPA, PA, $122,385, plus attorney fees; Julianna's Fun Shoppe, $192,354, plus attorney fees; and Organic & Gourmet, $58,580, plus attorney fees.

In a short, handwritten note to the court, Body Bella owner Theo Malamoutsis denied "each and every allegation set forth in the complaint."

None of the other tenants have disputed Charron's claims — at least not in official court documents.

Julianna's Fun Shoppe has moved to the Citrus Park mall.

Charron has won the cases against Body Bella and After Neiman's. The three others remain open. Judges have awarded Charron $264,423 of the more than $637,743 he said is due him.

"It is unfortunate that various persons refuse to hold up their end of agreements made, leaving us with no alternative but to pursue litigation," he wrote in the e-mail.

Richard and Julie Spencer, owners of Planet Beach, say it is Charron who doesn't honor his word. Their story, in a lawsuit filed July 24, is as follows:

In June 2006, Charron told the Spencers that space they leased two years earlier was ready for business. The Spencers said it was far from it. They said there was no electric service and the building consisted of only a concrete floor, sheetrock walls and a restroom, and that customers couldn't get to the tanning salon and spa because the parking lot was not paved.

Charron insisted the salon was completed and demanded rent.

The lease agreement required Charron to install 400 electrical amps at his expense. That installation was not completed until Feb. 14, 2007. The Spencers opened Planet Beach two days later, but Charron threatened eviction if the Spencers didn't pay $6,017 for back rent that accrued before February 2007. They gave him a check for that amount on Aug. 8, 2007.

The Spencers spent $7,394 to correct other structural problems. In all, they spent but never recouped $13,411. They are seeking more than $15,000, which includes attorney fees.

Charron would not discuss the particulars of individual cases.

"We believe our issues with tenants are private," he said.

Though Charron requires that various tenants report their sales on a monthly, quarterly or annual basis, he said Westchase Town Center does not maintain official customer counts.

"Sales have increased over time for some tenants, indicating an increased customer base," he said. "For others, their sales have decreased. It's tenant-specific though, depending on their business."

Asked how much business the center does and how much revenue it collects annually, Charron said, "We believe this is inappropriate to comment on."

Westchase Town Center has room for 28 tenants. As of September, there were 24.

Charron said his company is negotiating with more than a dozen prospective businesses to fill the vacancies.

"We believe the center will soon be filled with businesses the Westchase homeowners will be excited about," he said.

Rodney Thrash can be reached at rthrash@sptimes.com or 269-5303.