RK Centers, Raanan Katz, Preliminary Injunction Hearing Part III

I will skip defendants introduction at this time as it will be subject of the separate blog. Here is the continuation of the hearing

"MR. RANDAZZA (blogger’s attorney): Your Honor, as a matter of housekeeping here so I can understand what we are doing.

THE COURT: Okay.

MR. RANDAZZA: It sounds as if there has been a determination that each and every one of these blogs has been proven false and that we are just looking at damages.

THE COURT: No. Actually, the truth or falseness of the blogs is not really relevant in this particular instance for me because if the blogs are false, but not in any way harmful, or they can't prove harm without prior restraints, then they can sue the Defendant for defamation, that's a whole other thing. So the truth whether it's defamation or it's not defamation, I'm really not focused on the truth or falsity or falseness of the blogs. What I'm focused on is they have asked for prior restraints, and to my mind and also to the mind of the law that I'm bound to follow, there is only very limited circumstances under which I would render prior restraints and they have the burden of showing that those prior restraints are necessary, not that they are not entitled to sue blogger for whatever they want to sue her under, under their verified second amended complaint, but do they need prior restraints or must I impose them. So I'm really focused on, and I'm going to tell them to take the next 45 minutes and present evidence, give me their best shot, and tell them that from nothing that I have so far read, and maybe I didn't focus on it, I'll allow them to take me to be focused, but I have not read or come across anything that has caused me, at this moment, to impose prior restraints and it's their burden to show me why I should. I'll give them that opportunity because if that doesn't happen, then we are just going to set this for trial and move on.

MR. RANDAZZA: I got it reversed. What we are really doing is, is there damage? If there's no damage, it doesn't matter if it's true or false because it could be false, but not prior to a subject restraint.

THE COURT: Correct.

MR. RANDAZZA: Thank you, Your Honor.

THE COURT: The other thing is in the event that I do impose prior restraints that I find that the conclusion of this, I'm inclined to give the Defense a stay to take it up.

MR. RANDAZZA: Thank you, Your Honor.

THE COURT: Now, Mr. Kluger?

MR. KLUGER: Very briefly, Your Honor. Your order that got us here today -

THE COURT: Yes.

MR. KLUGER: -- said that at the hearing the Court will hear Plaintiff's (Raanan Katz and RK Centers) proof regarding whether statements made in Defendant's blog have or are likely, either one, to reach Plaintiff's (Raanan Katz and RK Centers) potential customers and to swayed them from doing business with Plaintiff (Raanan Katz and RK Centers).

THE COURT: Right, but the best evidence of something being likely to do that is evidence that it has, and I'm not just making that up just like some philosophical Jewish saying, that's what the law says. The law really says show me the damage and that will be an indication that there will be more damage.

MR. KLUGER: I think what I'm prepared to do, based on the Court's order, is a little of both and likely to and has -

THE COURT: Well, I want you to start with the has because the law tells me that if the blogging is not concurrent to another tort, which in your case the tort that you have set forth is tortuous interference with a business relationship. So you must show me, first, that there has been damage to a business relationship and then you can say, based on that, you can see clearly that there will be more or there should be more. So I'm going to ask you if you would, Mr. Kluger, to start with the damage that has occurred as a result of this blog, anything provable that you wish to set forth.

MR. KLUGER: I understand. I would like to inform the Court of a case from the Third District called Unistar, if I may approach I’ll give the Court a copy.

THE COURT: I will be happy to see it.

MR. KLUGER: It says, and I'll give it to you in a second.

THE COURT: If you give me a copy then I can read along and follow the bouncing ball which is always better for me. If anybody is handing me anything to read, don't read to me. Don't do what I just did to you, because it's better for me to be able to look at the material and flip back and forth. So tell me what -

MR. KLUGER: The second page.

THE COURT: Go ahead.

MR. KLUGER: Headnote five.

THE COURT: Go ahead.

MR. KLUGER: Says that we think appellant has made a prima facie showing of irreparable injury. Even if positive proof of an injury did not appear from the record, such irreparable harm could be presumed and neither be alleged or proved in a case involving wrongful interference with a business relationship. And so I'm going to give you both, Your Honor, but in giving you the road map as they did, I just would ask the Court to indulge me a second and I'm done and we will put on evidence.

THE COURT: Sure.

MR. KLUGER: And that's this.

THE COURT: Okay.

MR. KLUGER: I think we will be able to demonstrate to you an instance of where a broker's customers on their own said, who are these people, we don't want to deal with them, and that will deal with that issue. We are also going to give you enough of a proof that the intent of these blogs is to interfere with the business.And if I can indulge the Court, it's sort of like, as you know, that you don't always know when people are spreading horrid, evil gossip about you, you don't know what they are, and so much of it is insidious that you can't prove it all, but I'll give you some proof and then I'llgive you the basis I believe to show that her intent is solely to interfere with this business.    

I think that the conjunction of those two will meet the burden that the Court has imposed on us, but I want you to understand it's twoflavors. I think part of the problem is you're never going to know all the people that don't do business because they don't pick up the phone and say,she says you're a criminal, we read you're a crook. We read on google that the entire first page has been essentially played with to put all of this information out there,people don't call you and tell you.     

THE COURT:Of course.

MR. KLUGER: So we are lucky that we found somebody that had a relationshipand told us the problem, but I think I'm going to be able to inform you easily to make the bridge that the intent of all of these things is not to exercise any free speech, but merely to interfere with the business. So having said that, we are ready to put on the evidence. Would you like us to proceed?"

AT THIS TIME I do not have Katz attorney Mr.Alan Kluger's video presentation, so in the meantime please enjoy this one... 

"THE COURT: Let me let Counsel respond.

MR. RANDAZZA: Your Honor, in just a quick review of this Unistar case, while it does say preciseiy what Counsel said it does, the context of this case is a trade secret case. So if Your Honor were asked to enjoin the Blogger from revealing a secret, but you cannot unring the bell once the trade secret is put out into the public sphere. We are talking about someone who is posing documents that are Miami-Dade court documents, public documents, documents that the public has a right to see. On this, the public had no right to see this. So this is very different. This is a very different content to try to shoe horn a prior restraint when we are talking about enjoining opinions and posting a public court document.

THE COURT: I understand what you are saying and without a doubt it certainly is more egregious to do that, however, the law is as it is, and if it shows me evidence of a concurrent tort, in other words, if the sole purpose, not the purpose, but if not only the sole purpose of her blogging is to damage and interfere with the business relationship, but she's being successful and some of it is true, some of it is not true, and she has committed a tort of interference with a business relationship, then I will have to weigh -

MR. RANDAZZA: Yes, Your Honor.

THE COURT: -- whether or not there is substantial likelihood which is my standard, that there will be more damage and that a prior restraint is in order and I realize that's a heavy burden. I'm listening with that in mind, and I just am giving the Plaintiff (Raanan Katz and RK Centers)  the opportunity to do that and you, then, the opportunity to cross-examine on it and then let's see how it rolls.

MR. RANDAZZA: We recognize that, Your Honor, and any time somebody writes something negative about a business it may necessarily interfere with that business.

THE COURT: I understand that. I understand that and believe me-

MR. RANDAZZA: Thank you."

To be continued…

Another Raanan Katz' Tenant Alleged: RK Centers Proceeded To Change The Locks Using Self-Help In Violation Of The Law

You, as RK Associates tenant, never got an eviction notice for failure to pay rent or anything like that. However, you are coming to your business, and RK Associates simply changed the locks and took possession of your business and private property.
Court Case Number 07-20634-CIV-MORENO revealed that "Plaintiffs allege, and Defendant (RK Associates) do not dispute, that security guards threw Plaintiffs (Tenants) off the property and that RK Associates...changed the locks on the bank branch’s office doors. Furthermore, Plaintiffs allege conversion of their remaining personal property by RK Associates... after they were escorted from the premises."

In this case RK associates were sued by the tenant: Count VI is for
unlawful eviction, Count VII is for conversion.

Court argues: "Lessors like RK Associates, typically change locks on their own property or at least require permission to do so. See, e.g., 4 Florida Jur. Forms Legal & Bus. § 16A:53, at III.(f) (generic commercial lease form stating that, “No locks shall be changed without the prior written consent of Lessor….”). If Plaintiffs (tenants) have or had personal property remaining on the premises, and RK Associates preventing Plaintiffs from reacquiring that property, then it seems plain that Plaintiffs have alleged a legal harm against the landlord."

RK Associates cannot take possession of the property without a court order unless tenant surrender the keys. However, RK Associates change door locks on leased premises at their sole discretion. Be careful and aware!!!

RAANAN KATZ

RK Shopping Plazas, Raanan Katz State Court Hearing Part II

Judge continued: All that being said, let me back up and have everyone announce – is there a court reporter? I take it there is. Announce appearances for the record. And for the Plaintiff?

MR. KLUGER: Alan Kluger.

MR. LEVINE: Todd Levine.

MS. NELSON: Meredith Nelson.

MR. LEVINE: All representing the Plaintiffs.

THE COURT: Okay. And just for the record, the Plaintiffs are?

MR. LEVINE: There is a long list of Plaintiffs but they are R.K. Florida Management Inc., R.K. Associates Seven, Inc., 17070 Collins AvenueShopping Center, LTD, Raanan Katz, Daniel Katz, R.K. Hallandale One LLC, R.K. Hallandale Limited Partnership, 18100 Collins Avenue Shopping Center LTD, R.K. 17600-17632 Collins LLC, R.K. Associates Number Two, Inc., R.K. Associates Roman Numeral 18, LLC, R.K.Causeway Plaza LLC, R.K. Biscayne Plaza LLC, California Club Mall Shopping Center LLC, R.K. San Souci Plaza.

THE COURT: I get the picture.

MR. LEVINE: There is one left, R.K. Stage Plaza LLC.“

 To be continued...

RK Plaza Sunny Isles, Raanan Katz, State Court Hearing And Federal Court Order

In the case Raanan Katz v blogger CASE NO. 12-2221 1-CIV-KING Federal Court ruled: "...the Court's long-standing principle and practice of maintaining Court proceedings and documents public, 'The Federal Judiciary has zealously protected the right of all citizens to free, open and public trials'...The proceedings held in federal and state courts are open to public observation by any interested party. Pursuant to Local Rule 5.4 for the Southern District of Florida, absent some extraordinary need for secrecy, the judicial acts performed should be open to public scrutiny."

On November 1, 2012 Miami Dade Court held a hearing on Raanan Katz Motion for Preliminary Injunction against this blog. 

Judge Leesfield started the hearing with absolute brilliant speech : " Let me say this, the Plaintiff seeks injunctive relief. The Plaintiff (Raanan Katz, Daniel Katz, RK Centers) asks this Court to enjoin the bloggings of the Defendant. That type of activity froma court has been severely -- not severely, it's frowned upon from the Supreme Court case of Sullivan on down, that kind of restraint is frowned upon, but it is not out of the question under certain circumstances.

So to start, I want to tell you that I'm relying heavily on two cases. One is Dorothy Zimmerman versus Welby, and that's funny because I don't see the cite on this case for some reason and the second is Murtagh, N-U-R-T-A-G-H, versus Hurley. To frame this case, I'm going to do something 1 rarely do which is I'm going to read to the lawyers something from this case of Zimmerman versus -- Dorothy Zimmerman versus Welby to tell you what evidence is acceptable and what is not, because the issue here is whether or not the Defendant should be cut off in her blogging or continue on, or whether she should be limited. So I read you from this case which says, does it therefore follow that freedom of speeoh is an absolute right, one which cannot under any circumstances be curtailed or conditioned precedent and common sense indicate not. Indeed the Florida Constitutional provision contains its own limitation. One may speak, but not with impunity. The difficulty lies not so much with determining whether a particular communication constitutes an abuse, but whether the abuse is one which justifies injunctive relief. As we have seen, any prior restraint is presumptively flawed. The cases provide no clear path, but they do provide a trail. There's a distinction between pure speech and what is sometimes designated as commercial speech. advertising, other activities designated to improve one's economic position at the expense of the other. However, if it would be unfair, according to contemporary business standards, a temporary injunction prohibiting a real estate salesman, for example, from entering a premises of his former employee to solicit customers to purchase real estate was upheld, though there were certain limitation. There is a narrow line between what constitutes vigorous competition and a free enterprise society and malicious interference with a favorable business relationship under the heading of interference with perspective advantage. Let me say this, as to this case, in the final analysis the issue seems to turn upon whether the subject conduct is considered to be unfair according to contemporary business standards and most importantly, a distinction is made concerning any communication which is defamatory, but which is uttered or published incident to another tort. Defamatory word uttered in aid of another tort are said to constitute verbal acts and they are prohibited. Let me just say that if the Plaintiff (Raanan Katz, Daniel Katz, RK Centers) has proof that not only that these blogs are concurrent to the tort, to another tort, and that if they can demonstrate to this Court actual harm that has been derived from this blog,  it will give this Court a reason to believe with substantial certainty, which is the standard, that future blogging will cause more future damage. So it is the burden of the parties that seek this injunctive relief to show actual damage as a result of the blogging. Now, the Plaintiff (Raanan Katz, Daniel Katz, RK Centers) has presented the Court with numerous blogs, but what the Plaintiff (Raanan Katz, Daniel Katz, RK Centers) has not presented to the Court is a nexus between those blogs and damage, and I had said the last time I spoke with you all to submit pleadings and I would rule on the pleadings if I could, but I do not think that I can because if I rule on the pleadings at this moment, I have not seen actual harm. So I'm giving the Plaintiff (Raanan Katz, Daniel Katz, RK Centers) an opportunity to show actual harm."

STAY TUNED for Raanan Katz , Daniel Katz and RK Centers arguments on this hearing...


 

Miami-Dade Detectives Investigated Condo Maintenance Fraud...RK Centers...Raanan Katz

”Miami-Dade detectives with the economic crimes unit have arrested a condominium association president who is accused of stealing the association's money for personal use, officials announced Friday.

Ramon Perez, 57, was charged with one count of grand theft after an investigation found he stole $50,000 of board association fees at the Villa Grande Condominium, 6300 SW 138th Ct., police said.

Perez served as board president at Villa Grande from August 2004 to October.

''He's saying he used the funds on condo maintenance but we've found no evidence to prove that,'' said Sergeant Richard Davis.

Police said Perez used the money on car tires, vehicle repairs, light bills and other personal expenditures.

State Rep. Julio Robaina, a Miami Republican, said the case was investigated as part of a condominium-fraud pilot program that has been in place in Miami-Dade County since March. The program allows condo unit owners to report possible incidents of fraud to the police to investigate.

Facing a rising number of complaints from condo dwellers statewide who accuse their board associations of stealing money, Robaina decided to create a task force to crackdown on such crimes.

State officials receive about 1,000 complaints annually, Robaina said. His office receives about 40 to 50 calls daily.

''When people would call we never really had leg to investigate the allegations,'' said Robaina. "Now people have someone to turn to.''

With more residents statewide moving towards condo living, the risk of fraudulent activity is increasing, he said.

So far Miami-Dade, Broward and Palm Beach have recorded the most complaints statewide, with an alarming number coming from Miami Beach, said Robaina. The program allows condo unit owners to report possible incidents of fraud by filling out a Condo Crimes Screening Checklist for police to investigate. The resource guide is now available at all police stations countywide.

Officers are also undergoing training in addressing complaints effectively.

At Villa Grande, a board member complained to police about Perez's supposed fraudulent activity. But with several other cases pending, officials said their work is just beginning.”
The Miami Herald By PETER BAILEY Published August 24, 2007.

 Raanan Katz,RK Centers have received much higher amount towards common area maintenance from tenants with no evidence of proof. Are business owners, RK Associates tenants, entitled to the same protection as condo owners? Or rich and famous can do whatever they want?

 

RK Centers, Raanan Katz Continue Litigation Ripoff Using Miami Court

Contradiction, contradiction..For you -trespass, For me-eviction...

More lawsuits were filed by Raanan Katz and RK Centers with Miami Court.

RAANAN KATZ

I found it's quite interesting that Raanan Katz company 17070 COLLINS AVE SHOPPING CENTER LTD  filed eviction legal action against commercial tenant, while at the same time Raanan Katz company 17070 COLLINS AVE SHOPPING CENTER LTD claims (in a separate lawsuit)  that it has a right to trespass any member of the public at RK Centers own discretion from this, the same leased premises.

So, why  17070 COLLINS AVE SHOPPING CENTER LTD needs to file eviction claim to obtain a writ of possession of the leased property if according to Raanan Katz company it already has a right, control, and possession of the same leased premises based on which  Raanan Katz has a right to  trespass anyone and everyone from this leased space or in this particular case from 17070 COLLINS AVE SHOPPING CENTER LTD.

Or if , in fact, 17070 COLLINS AVE SHOPPING CENTER LTD does not have legal control and possession of the leased space, then how Raanan Katz can have a right to trespass from these, the same leased premises???

RK Centers: Re-Branded Company, Re-Faced Cartoons

 
 
  

NBA Attorneys Demanded A Written Explanation From Raanan Katz

I came across this article "Heat Take No Prisoners".
http://articles.nydailynews.com/1995-12-19/sports/17983687_1_dave-checketts-knicks-and-heat-commandos by BY IAN O'CONNOR

Raanan Katz is not only the owner and parther of RK Centers (former Associates), he is a minor owner of Miami Heat...


 

RAANAN KATZ

According the NY Daily News Raanan Katz has threatened Garden's president Dave Checketts: "Remember the '72 Olympics. Remember how the Israeli commandos responded after the Palestinians killed those 11 (Israeli) athletes. We have access to those commandos. Tell Dave Checketts he had better watch himself and his family."

 

 

Raanan Katz, RK Centers "High End, High Quality" Shopping Plazas?

What Raanan Katz, RK Centers consider as a "high quality, higher end business"?

After careful review of some of Raanan Katz and RK Centers (former RK Associates) lease agreements, I noticed that they have one common condition and shopping plaza presentation as "HIGH END, HIGH QUALITY".

Low priced Asian Nail Spas, Dollar, Discount Stores are not unusual to see in RK Centers Plazas.

Probably the meaning of "HIGH END, HIGH QUALITY" is simply related to the rent amount.

Why neighbouring Aventura Mall has not rented the space to Asian Nail Spa next to Louis Vuitton store or Bal Harbour Mall did not invite Dollar Tree Store business to their Mall?

However, Aventura and Bal Harbour Malls offer valet parking services, vs to RK Centers "1 hour parking only" and tow-away services.

Aventura and Bal Harbour Mall websites present new businesses, fashion trends, social scene, videos, business directories, and whatever could potentially attract customers, making shopping experience pleasant.

RK Centers publications dedicated to promote Raanan Katz and his publicity.

Are RK Centers and Raanan Katz desperate to attract tenants into their plazas who will just sign RK Centers lease agreement with "gotcha", automatic lease renewal, and acceleration clauses?

Well, all the marketing approaches I have learned over the years also apply to attracting high-end clients, but there are a few steps that should be met:

1. To attract high-end clients, you need to design high-end services. It is like selling a Mercedes instead of a Hyundai. The commitment, time and energy is a must input into developing high-end services and programs that will deliver higher end results.

2. Marketing messages, materials, and marketing strategies need to communicate the message that higher-end services are offered. Perception is essential when you say "I offer high quality".

3. Then you have gained the right to charge more for your services. After all, you have organized your plaza to produce higher-end results, and done it in a way that makes your tenants feel special. They feel like they are at the Ritz-Carlton, not the Holiday Inn.

RAANAN KATZ, RK CENTERS OWNER

RK Centers, Raanan Katz Admitted In Their Pleadings Intentional Use Of Gotcha Clause

Below are the new arguments of Raanan Katz and RK Centers recently filed with Miami Court in regards to RK Centers use of "gotcha clause" in their leases.

"...blogger represents that Raanan Katz, Daniel Katz, RK Centers are engaging in an "improper business tactics" by "the continued use of a 'gotcha clause' in leases with tenants." Blogger contends that "RK Centers practice and clause was specifically decried against by a previous court against RK Centers."

Further, RK Centers and Raanan Katz argued: 

"Blogger ignores however, that the prior court was not an appellate court, and the subject order was case specific. The state court judge did not order that Plaintiffs could not use the clause in other leases if the tenants agreed to the contractual provision."

Does Raanan Katz actually state here that Court orders are not applicable to him?

In fact, Miami Court order speaks for itself "GOTCHA and AGAINST PUBLIC POLICY that this court cannot and WILL not condone"

 Additionally RK Centers, Raanan Katz admitted:

"The so-called "gotcha clause" is a provision in Plaintiffs' (RK Centers, Raanan Katz) standard lease that provides that the lease will automatically renew at the end of the term unless the tenant decides not to renew. Moreover, as Daniel Katz testified in the May 15 hearing, the tenants specifically initial and authorize this provision. Plaintiffs advise their tenants before the expiration of the lease whether it is going to expire or be renewed. The tenants do not have to automatically renew if they decide not to. There is nothing unlawful or fraudulent about such an arms-length, agreed-upon contractual provision."

Obviously, tenants "do not have to automatically renew", this is in Ranan Katz' financial interest to automatically renew the lease for as long as he wishes, especially when the tenant is already out and the new tenant is in.

His business is reflected on his face,

 or his face is a reflection of his business?

It is for you to decide

 

 

Raanan Katz, RK Centers Want Your Money No Matter What...

Raanan Katz filed lawsuit against Taystee Gourment Bakery 2 Inc on 12/12/2008 in Miami Dade Circuit Court case number 08-77162CA30.

Raanan Katz personally claimed monetary damages from Taystee Gourment Bakery 2 Inc.

"The Court finds that the Plaintiff (Raanan Katz) has not proved by a preponderance of the evidence that RAANAN KATZ d/b/a RK Associates or that RAANAN KATZ was a party to the Lease Agreement or the Guarantee Contract. RAANAN KATZ did not sign either document. 


The witness/representative of the Plaintiff, Daniel Katz, did sign the documents but could not provide the Court with any information with who or what entity he was representing when he signed the contracts. Additionaly, Daniel Katz could not testify WHO IN FACT WAS THE OWNER OF THE PREMISES."


This Raanan Katz's case was dismissed by the Court.

Bottom line, when you sign a lease with RK Associates, Raanan Katz can go after YOUR money no matter what.

Raanan Katz, RK Centers Real Estate Get Rich Scheme

Raanan Katz the owner and founder of RK Associates created his "triple net lease scheme" to enrich himself.
In a triple net lease plan, the tenant pays a fixed rent and a significant share of the operating expenses, taxes and insurance associated with the commercial real estate unit.

ALAN KLUGER AND HIS PIECE... OF ART

Raanan Katz Triple Net Scheme involves extensive collection of monies claimed to be towards operating expenses from RK Centers tenants. On tenants request, Ranan Katz and his companies refuse to disclose the actual operating expenses.
Raanan Katz's son and partner Daniel Katz says: "We do not provide these documents to the tenants".
Furthermore, Raanan Katz and his companies have been served with the request for production of proof of operating expenses in several lawsuits with fraud allegations. Yet, these documents have not been seen by the tenants, attorneys, and the court.

In Massachusetts Raanan's refusal to provide proof of repair expenses and lying to the court cost him sentence for criminal contempt in late 70s. However, nothing can stop this man, and his “operating expense” scheme works for his enrichment up to date.
Taking into consideration the fact that Raanan Katz and his companies have over 6,000,000 square feet of commercial spaces and thousands of tenants, this scheme practicing for decades allows him to claim any amount to be claimed as operating expenses from unsuspected tenants.

Is There Any Way RK Centers Can Leave Business Along After Lease Expiration

This is how RK Centers (former Associates) owners demand money from former tenant under expired lease and after security deposit was returned. Below is RK Centers (former Associates), Daniel Katz demand sent via email 3 months after lease expiration and security return. At the same time no proof for illegally demanded money was provided by RK Centers. Interestingly enough, RK Centers owner Dan Katz claims that RK Centers reconciles its accounting for 2008 in March of 2009 only. Why? They could not tie the books?

"We are only sending to you the supporting CAM documentation because it was recently reconciled and available, not because we are legally obligated to under an expired lease.  At the current time, there is a balance due of $1,316.06 for the 2008 operating expenses under your lease.  In an effort to end any further discussion between us, we have proposed to waive the balance due of $1,316.06 as consideration for exchanging Mutual Releases provided that a release is signed by March 31, 2009 otherwise this proposal is null and void. 

Dan Katz

RK Associates

17100 Collins Avenue, Suite 225

Sunny Isles Beach, Florida 33160

Office (305) 949-4110

Fax (305) 948-3410

Cellular (305) 775-2424

 E-mail: 'dankatz@rkcenters.com'"

MEETING AT RAANAN KATZ RK CENTERS OFFICE

How Miami Heat Owner Raanan Katz Is Trying To Use Miami Heat Players To Wipe Out RK Centers Debt

Raanan Katz, RK Centers Owner, is trying to wipe out RK Centers debt using Miami Heat Players. Raanan Katz and RK Centers (former Associates) sent a letters to the City of North Miami, making the "irresistible offer". Below is the text of the letters Raanant Katz sent to the City with proposed "DONATIONS" in exchange to eliminate RK Centers debt. We all remember how RK Centers and Raanan Katz ripped-off family with special needs little Jewish girl.

RAANAN KATZ

First letter

"RK ASSOCIATES P.O. Box 111 • Dedham, Massachusetts 02027-0111
Telephone: 781-320-0001 • Facsimile: 781.320-3610
17100 Collins Avenue • Suite 225
Sunny Isles Beach, Florida 33160
Telephone: 305-949-4110 • Facsimile: 305.948-3410
Website: rkcenters.com Email: rkatz@rkcenters.com
June 17, 2011
Russell Benford
City Manager
City of North Miami
776 NE 125 Street
North Miami, FL 33161
E-mail: rbenford northmiamifl.gov
RE: City of North Miami Code Enforcement Liens against RK Causeway Plaza

Dear Russell:
I thought that my enclosed letter to you would bring the matter to a conclusion because all of the old violations did not belong to us, but to former tenants from before we purchased the shopping center, some of who are long gone.
I would appreciate it if we can settle this matter prior to June 28, 2011, based or my letter, but if it is not possible, please put us on the agenda and let us know the date, time and place where we need to be.
My son, Dan Katz, and our in-house attorney Gavin Kahn will attend the meeting.
Thank you for your cooperation.
Regards,
Raanan Katz
cc: Dan Katz
Gavin Kahn, Esq. Mayor Pierre"

 Second Letter

"RK ASSOCIATES P.O. Box 111 • Dedham, Massachusetts 02027-0111 Telephone: 781-320-0001 • Facsimile: 781-320.3610
17100 Col ins Avenue • Suite 225
Sunny Islas Beach, Florida 33160
Telephone: 305-949-4110 • Facsimile: 306-948-3410
Website: 'rkcenters.com'
Email: rkatz@rkcenters.com
June 13, 2011
VIA US MAIL
& E-MAIL (rbenford(~northmlamifl.gov)
Russell Benford
City Manager
City of North Miami 776 N.E. 125th Street North Miami, FL 33161
Re: City of North Miami Code Enforcement Liens Against RK Causeway Plaza, LLC 12117 Biscayne Blvd., North Miami, Case #ZZZCE-2005-00337
12155 Biscayne Blvd., North Miami, Case #FLEIN-2010-00290


Dear Mr. Benford:

I am writing to you in an effort to settle the above-mentioned City of North Miami Code Enforcement Liens against my company, RK Causeway Plaza, LLC. ("RK"). Our attorneys have attempted to resolve these issues, but have reached an impasse. RK has been a landlord in the City of North Miami for many years and has always valued its relationship with the City. I am hopeful that we can come to a resolution very soon.
Please note that RK is the landlord and property owner of the above-referenced locations and that the liens were the result of code violations (building without permit) by former tenants several years ago. Additionally, both code violations were brought in compliance and closed within one year of issuance. A former employee of RK was handling these issues and they were not brought to the attention of management. In August 2010, RK's management received a Notice of Unresolved Code Violations. Since that time, we have made continuous good faith efforts to resolve these cases with the City of North Miami.
We understand the law on this matter. However, it is unfair to hold the landlord responsible for the actions of its former tenants many years ago. We are not seeking preferential treatment. We are simply asking the City to be fair and reasonable given the circumstances and the fact that RK was not responsible for the code violations.
In the spirit of reaching a settlement, and continuing a positive relationship with the City, RK proposes the following resolution: RK will donate $10,000.00 to the City of North Miami's Parks and Recreation Department to sponsor a basketball shooting skills tournament in the City of North Miami. This community event would generate good will for everyone involved. Additionally, if requested by the City during September 1, 2011 — October 31, 2011, I will use my best efforts to secure a current or former Miami Heat player to attend the event.
Please let me know if this offer is acceptable to the City of North Miami. If you are unable to approve this offer, we respectfully request a City Commission hearing to discuss this proposal. Thank you for your time and consideration of our offer.
Sincerely,
RK Associates,
Raanan Katz"

RK Centers Registered Trademark For Financial Affairs, Monetary Affairs

Oh, really? Financial affairs, monetary affairs, insurance??? 
Raanan Katz, the owner of RK Centers, has a criminal conviction related to his "real estate financial, monetary affairs" business, and now low-educated RK Center's owner will teach America his success in "financial affairs, monetary affairs" strategy.

 Read on this blog what RK centers customers claim in the court  regarding RK Centers, RK Associates, and Raanan Katz "financial and monetary affairs" business.

However, on Tuesday, May 24, 2011, a U.S. federal trademark registration was filed for RK ASSOCIATES by RK CENTERS, LLC, SUNNY ISLES BEACH, FL 33160 and later the trademark filing was REGISTERED.
The USPTO has given the RK ASSOCIATES trademark serial number of 85328393.
The correspondent listed for RK ASSOCIATES is MICHAEL B. CHESAL of PERETZ CHESAL and HERRMANN, PL, 201 S BISCAYNE BLVD STE 1750, MIAMI, FL 33131-4329 .
The RK ASSOCIATES trademark is filed in the category of Insurance & Financial Services .
The description provided to the USPTO for RK ASSOCIATES is real estate leasing and leasing of shopping center space.

Word Mark:     RK ASSOCIATES
Status/Status Date:    REGISTERED 5/22/2012
Serial Number:     85328393
Filing Date:     5/24/2011
Registration Number:     4145472
Registration Date:     5/22/2012
Goods and Services:     real estate leasing and leasing of shopping center space
Mark Description:     NOT AVAILABLE
Type Of Mark:     Service Mark
Published For Opposition Date:     3/6/2012
Last Applicant/Owner:     RK CENTERS, LLC, SUNNY ISLES BEACH, FL 33160
Correspondent:    
MICHAEL B. CHESAL
PERETZ CHESAL & HERRMANN, PL
201 S BISCAYNE BLVD STE 1750
MIAMI, FL 33131-4329
Classification Information
International Class Code(s):     036
US Class Code(s):     100, 101, 102
Primary Class:     Insurance; financial affairs; monetary affairs; real estate affairs.
Class(es) Status:     Active
First Use Anywhere:     10/15/1980
First Use In Commerce:     10/15/1980

RK Centers Filed Lawsuit Against iProFix.com, Inc In Miami

Now RK Centers is evicting iProFix.com, Inc.
On September 13, 2012 RK Centers filed legal action in Miami-Dade Court, case number 13-2012-CC-017861-0000-23.
According to iProFix.com, Inc website, the company “located in the RK Plaza, directly above Crunch Fitness, 17070 NE Collins, Suite T-265, Sunny Isles, FL 33160” and specializes in repair and selling electronic devices such as phones, tablets, ipods and etc.
RK Centers represented by Gavin Kahn Esq, Florida Bar 976581. Gavin Kahn is RK Centers in-house attorney, who paid out of tenants pocket through RK Centers rent and maintenance charges. RK Centers office located
17100 COLLINS AVE STE225
SUNNY ISLES BCH, FL 33160
Phone:(305) 949-4110

RAANAN KATZ, RK CENTERS AND MIAMI HEAT OWNER

Raanan Katz is America’s Next Top Model?

In a recently filed response to the motion to dismiss in the Federal Court, Raanan Katz argued  that his face has commercial and search optimization value. No Kidding!

Hopefully, this time the Court will take Raanan Katz frivolous litigation practice very seriously with the highest level of punishment.


Below are Raanan Katz arguments:

“While Blogger argues that her use of the subject photograph is noncommercial (see Second Motion to Dismiss, at 13-14), under the Harper & Row definition, her own exhibits belie this position. Indeed, in at least one instance, Blogger is clearly exploiting the subject photograph with no compensation to KATZ to promote her own personal venture. Specifically, on a blog entitled "Why RK Centers Was the Wrong Choice" (Second Motion to Dismiss, Exhibit A, at 88) (D.E. 14-1), right above the unauthorized reproduction of the subject photograph, Blogger states: "I am in the process of writing a book "Why RK Centers Was the Wrong Choice."  
On this record, the Court can only assume that Blogger does, in fact, stand to profit in some way from the use of KATZ's photograph to promote her book. Otherwise, why would she use it?..."

"… Additionally, by reproducing the photograph for its apparent entertainment value and using it to draw in visitors and increase the notoriety of her websites, as well as increase her Google (and other search engine) page rank.”

Raanan Katz represented by Michael B. Chesal, Florida Bar No. 775398, Email: mchesal@pch-iplaw.com, Josh E. Saltz, Florida Bar No. 70521 Email: jsaltz@pch-iplaw.com of PERETZ CHESAL & HERRMAN, 201 South Biscayne Blvd., Suite 1750 Miami, Florida 33131, Telephone: 305-341-3000 Facsimile: 305-371-6807 

Memorandum Of Lease Between RK Centers and Ross For Less

Where is the GOTCHA CLAUSE in the lease agreement between RK Centers and Ross For Less? Isn't it among the most critical provisions of RK Centers and Ross For Less Memorandum of Lease? NO…

 This is another example that Raanan Katz and RK Centers apply "GOTCHA CLAUSE" exclusively to small business owners with limited or no financial legal resources. Small business owners have been beaten up and injured by RK Centers gotcha, against public policy actions. It is time to STOP it NOW!!!

“This Memorandum of Lease is effective upon recordation and is entered into by
and between R.K. CAUSEWAY PLAZA, LLC, an Oklahoma limited liability company
 ("Landlord"), having its principal place of business at 17100 Collins Avenue, Suite 225, Sunny Isles Beach, FL 33160, and ROSS FLORIDA DRESS FOR LESS, L. C., a Florida limited liability company ("Tenant"), having its principal place of business at 8311 Central Avenue, Newark, CA 94560-3433, who agree as follows:
By written lease (the "Lease"), Landlord leases to Tenant and Tenant hires from Landlord a portion of the real property located in the City of North Miami, County of Miami-Dade, State of Florida, described in Exhibit A hereto, for a term of approximately ten (10) years which term is subject to extension by Tenant for four (4) additional periods of five (5) years each.”

Where is RK Centers “standard industry” automatic lease renewal and acceleration clauses here???

RK Centers Shows No Signs Of Stopping

The recent RK Centers lawsuit 13-2012-CA-016490-0000-01, filed in Miami State Court, shows that Raanan Katz ignores and violates prior Miami State Court order entered against RK Centers.
Raanan Katz continued to include his Gotcha, AGAINST PUBLIC POLICY Clause in the leases, but moved it from paragraph 39 to 69 of the Lease.

RK Centers, Raanan Katz knowingly, maliciously incite small business owners to sign Lease with Gotcha Clause. 

Let’s get this straight. Miami State Attorney Katherine Fernandez Rundle, please, get involved and STOP Raanan Katz enrichment at public expense.
We cannot afford and do not want to have more families suffering from RK Centers "against public policy" enrichment attempts.RK Centers owners enjoy luxury lifestyle in Miami. Daniel Katz, Raanan Katz son and RK Centers owner, lives in a luxury residence at 248 Park Dr, Bal Harbour, FL 33154-1339. According to public records assessed value of the property is US$1,311,336.
Below is Daniel Katz property as seen through the Google maps.

RK Centers Plazas: Trash Or Treasure?

After careful review of some of Raanan Katz and RK Centers (former RK Associates) lease agreements, I noticed that they have one common condition and shopping plaza presentation as "HIGH END, HIGH QUALITY".
What RK Centers, Raanan Katz considers as a "high quality, higher end business"?
Low priced Asian Nail Spas, Dollar, Discount Stores are not unusual to see in RK Centers Plazas.
Probably the meaning of "HIGH END, HIGH QUALITY" is simply related to the rent amount.
Why neighbouring Aventura Mall has not rented the space to Asian Nail Spa next to Louis Vuitton store or Bal Harbour Mall did not invite Dollar Tree Store business to their Mall?
However, Aventura and Bal Harbour Malls offer valet parking services, vs to RK Centers "1 hour parking only" and tow-away services.

Aventura and Bal Harbour Mall websites present new businesses, fashion trends, social scene, videos, business directories, and whatever could potentially attract customers, making shopping experience pleasant.
RK Centers publications dedicated to promote Raanan Katz and his publicity. "Raanan Katz started out his career as a basketball player". By the way, have you seen professional basketball player 6 feet tall? No..., it's Raanan Katz.
Are RK Centers and Raanan Katz desperate to attract tenants into their plazas who will just sign RK Centers lease agreement with "gotcha", automatic lease renewal, and acceleration clauses?
Well, all the marketing approaches I have learned over the years also apply to attracting high-end clients, but there are a few steps that should be met:

1. To attract high-end clients, you need to design high-end services. It is like selling a Mercedes instead of a Hyundai. The commitment, time and energy is a must input into developing high-end services and programs that will deliver higher end results.

2. Marketing messages, materials, and marketing strategies need to communicate the message that higher-end services are offered. Perception is essential when you say "I offer high quality".

3. Then you have gained the right to charge more for your services. After all, you have organized your plaza to produce higher-end results, and done it in a way that makes your tenants feel special. They feel like they are at the Ritz-Carlton, not the Holiday Inn.


 

RK Centers, Raanan Katz, Free Speech With A Public Issue

Recent California Court verdict demonstrated another victory of FREE SPEECH in the Land of Free.

"Dr. Aaron Filler filed a complaint against former patient Susan Walker in Los Angeles Superior Court on May 31, 2011. In his complaint, Filler alleged defamation and interference with prospective economic advantage in response to Walker's review of Dr. Filler on a physician rating site.

On August 24, 2011, Walker filed a motion to strike based on California Code of Civil Procedure §§ 425.16 and 45, California's anti-SLAPP statute. Walker's motion argues that Walker is shielded from liability as the "dissemination of consumer information about medical care is a vital ‘public issue' and the internet is a ‘public forum,' and that Dr. Filler is a public figure subject to the burden of proving actual malice. Filler filed an opposition to this motion on September 16, 2011, also requesting leave to amend the complaint to plead more specific factual allegations to establish actual malice. Walker replied to Filler's opposition on September 22, 2011.

After a hearing on April 19, 2011, Walker's motion to strike was granted. In the order filed on May 8, 2012, Judge Elizabeth White held that Filler's claims arose from Walker's act of free speech in connection with a public issue under CCP § 425.16 and that Filler did not establish a probability of prevailing on these claims. In accordance with this order, Judge White later ordered Filler to pay $50,259.65 to Walker for attorneys' fees and costs." 

RK Centers, Raanan Katz and their alleged defamation case targets Free Speech in Florida - "NO SOUP FOR YOU!!!"

Raanan Katz, Miami Heat, RK Centers Owner, Is Begging The Court For Extension Of Time

"Работать надо больше, а жрать меньше"

Raanan Katz, Miami Heat and RK Centers Owner, is begging the court for second extension of time. Raanan Katz filed his frivolous copyright case in Miami in June 12, 2012. Since that time Mr. Katz is requesting second extension of time. First motion for extension was filed in July, now in August Raanan Katz is looking for more time to delay the "case".

Yeah, Raanan Katz, it is not easy to handle your own "brilliant" abusive litigation practice!!! Probably Mr.Katz needs to hire third law firm to be able to meet court deadlines. Go Raanan Katz, GO...  Below is Raanan Katz motion.

RAANAN KATZ'S FIRST MOTION FOR EXTENSION OF TIME
TO RESPOND TO DEFENDANT'S SECOND MOTION TO DISMISS
Plaintiff, Raanan Katz, by and through his undersigned counsel, hereby moves for an extension of time to respond to Defendant's Motion to Dismiss the Amended Complaint [the "Second Motion to Dismiss," DE 14], and states:
1.    The current deadline to respond to the Second Motion to Dismiss is August 27, 2012.
2.    Undersigned counsel (Michael B. Chesal) has just returned on the afternoon of August 2 from a two and one half week trip out of the country.
 3.    Defendant's Second Motion to Dismiss with its attached Exhibits exceeds over 200 pages and seeks dismissal of the Amended Complaint with prejudice. Plaintiff's counsel is preparing a substantive response but will need additional time given the nature of the motion coupled with being out of the office when the motion was served.
4.    Undersigned counsel is only seeking a ten (10) day extension of time to respond, up to and including September 6, 2012 in order to adequately respond to Defendant's Second Motion to Dismiss.
5.    This request is made in good faith and not for purposes of undue delay and will not unduly prejudice any of the parties involved in this action.
6.    In accordance with Local Rule 7.1(a)(3)(A), counsel for the movant certifies he has conferred with counsel for the Defendant in a good faith effort to resolve the issues raised in this motion but has been unable to do so. For some reason, counsel for the Defendant refuses to agree to the brief requested extension (even though undersigned counsel previously consented to an extension of time requested by Defendant's counsel, my comment: what extension Raanan Katz is talking about, his first one from July???). 7.    A proposed order granting the requested relief is submitted herewith. WHEREFORE, Plaintiff respectfully requests that the deadline to respond to Defendant's Second Motion to Dismiss be extended to September 6, 2012.

Dated: August 24, 2012

 Respectfully submitted,
KLUGER KAPLAN SILVERMAN KATZEN & LEVINE, P.L.
Co-Counsel for Raanan Katz
201 South Biscayne Blvd., 17th Floor
Miami, Florida 33131
Telephone: 305-379-9000
Facsimile: 305- 379-3428
By: /s Alan J. Kluger
Alan J. Kluger
Florida Bar No. 200379
Email: akluger@ klugerkaplan.com
Todd A. Levine
Florida Bar No. 899119
Email: tlevineklugerkaplan.com
and

PERETZ CHESAL & HERRMANN, P.L. Co-Counsel for Raanan Katz
201 South Biscayne Blvd., Suite 1750 Miami, Florida 33131
Telephone: 305-341-3000
Facsimile: 305-371-6807
By: /s Michael B. Chesal
Michael B. Chesal
Florida Bar No. 775398
Email: mchesal@pch-iplaw.com
Josh E. Saltz
Florida Bar No. 70521
Email: jsaltz@pch-iplaw.com

RK Centers Include Acceleration Clause In The Leases

Daniel Katz, the owner of RK Centers, admitted

"RK Centers include an acceleration clause in their typical leases with their tenants"

Have RK Centers included the same acceleration clause together with Raanan Katz "GOTCHA" clause in RK CENTERS "typical leases" with the large corporations such as CVS Pharmacy, Publix, Winn Dixie, Bank Of America, and etc. OR, Raanan Katz, RK Centers "GOTCHA", acceleration clauses are applicable exclusively to small businesses?

Below is Daniel Katz testimony done in Miami Court on May15, 2012.

"BY MR. LEVINE:

22      Q.   For purposes of shorthand, I would like to call

23  the blog located at blogspot.com, the blog spot, or the

24  U.S. blog, and the blog that's located at blog.co.uk, the

25  U.K. blog.  Okay?


 1      A.   Okay.

 2      Q.   So for purposes of today's testimony, when I ask

 3  you questions about the U.S. blog, I'm referring to

 4  blogspot, and the U.K. blog, I'm referring to blog.co.uk. 

 5  Okay?

 6      A.   Okay.

 7      Q.   Mr. Katz, would you please turn behind Tab 6 in

 8  the notebook that we presented to you, which has been

 9  marked as Plaintiffs' Exhibit 1 for today.  Are you there?

10      A.   Yes.

11      Q.   Would you please read the title of this blog into

12  the record. 

13      A.   RK Associates and Commercial Lease Fraud.

14      Q.   And this blog, this entry appeared on the U.S.

15  blog on May 16th, 2011; is that correct?

16      A.   Correct.

17      Q.   And it was posted -- can you read the bottom who

18  posted this blog?  At the very bottom, above recommend.

19      A.   Always True.

20      Q.   I'm sorry?

21      A.   Always True.

22      Q.   It's the name of the blogger, Always True?

23      A.   Correct.

24      Q.   Okay.  And the name of the blog is RK Associates

25  and Commercial Lease Fraud, correct?


 1      A.   Correct.

 2      Q.   The beginning of the blog defines commercial

 3  lease fraud as a term that covers a number of unfair and

 4  deceptive trade practices, correct?

 5      A.   Correct.

 6      Q.   Okay.  I'd like you to go and read aloud the

 7  portion below the five bullet points.  Do you know what I

 8  mean by bullet points?

 9      A.   Yes.

10      Q.   Okay.  Would you read that part into the record,

11  please.

12      A.   RK Associates and Raanan Katz induce tenants to

13  sign commercial lease that allows them to financially

14  benefit when a tenant breaches the lease.  For example, if

15  a tenant with 5 year lease alleged in breach of the lease

16  on the first year, according to their lease, the tenant

17  must pay them instantly the remaining 4 years of the

18  lease.  When they lease to the next tenant with the same

19  story, they can claim from the new tenant damages for the

20  same space for the same period of time.  According to the

21  court documents, it is not unusual for RK Associates and

22  Raanan Katz to do the following.

23      Q.   Okay.  Let's stop right there. 

24           Are you familiar with an acceleration clause? 

25      A.   Yes, I am.


 1      Q.   What is an acceleration clause?

 2               THE COURT:  And so is the court, so move on.

 3               MR. LEVINE:  I'm sorry? 

 4               THE COURT:  I'm familiar with them as well.

 5               MR. LEVINE:  Okay.

 6   

 7      Q.   Acceleration clauses are legal, correct?  Is the

 8  blogger referring to an acceleration?

 9               MR. KAIN:  Objection, Your Honor.

10               THE COURT:  Yes.  Sustained.

11               MR. KAIN:  The witness is not here to --

12               THE COURT:  No, he is not.  I am familiar

13      with an acceleration clause.  I guess you could ask

14      him was there an acceleration clause.

15  BY MR. LEVINE:

16      Q.   Does RK Associates and RK Centers include an

17  acceleration clause in their typical leases with their

18  tenants?

19      A.   Yes, we do.  It's standard industry practice.

20      Q.   And I forgot to ask you:  What business is RK

21  Centers and RK Associates engaged in?

22      A.   Commercial real estate development and

23  management.

24      Q.   And as part of their business, is RK Centers and

25  RK Associates, and the other plaintiffs in this case, do


 1  they lease storefronts to commercial tenants? 

 2      A.   Yes, we do.

 3      Q.   In shopping centers in South Florida and in

 4  Massachusetts?

 5      A.   Throughout New England, yes.

Raanan Katz And His Frivolous Copyright Lawsuit

"Идея пришла в его голову и теперь битый час упорно ищет мозг"

 

Why Raanan Katz, RK Centers owner, decided to spend money on copyright claim against Google, but did not serve the Google?

There are several possible options.

A. Raanan Katz did not have MONEY for service

B. Raanan Katz realized he did not stock up with pampers

C. Raanan Katz wanted Google to "store" his "copyright work"

D. All of the above

E. Something else.

Why Raanan Katz did serve the Blogger?

There are several possible options.

A. Raanan Katz wanted the Blogger to file Motion To Dismiss Mr.Katz Compliant for Failure To State A Cause Of Action

B. Raanan Katz goal was to make the blog and his "favorite" picture publicly available through Court records.

C. Raanan Katz wanted to attract media to his actions, blog, and picture.

D. All of the above.

E. Something else.

 

 We will find Raanan Katz answers during his upcoming video deposition, and see how Mr. Katz “brilliant” strategy actually works.

 

 

RK Centers And CVS Pharmacy Memorandum Of Lease

Remember, Daniel Katz, the owner of RK Centers, testimony under the oath done on May 15, 2012 in Miami Court.

  "RK Centers include an acceleration clause in their typical leases with their tenants".

Todd Levine, of Miami based law firm Kluger, Kaplan, Silverman, Katzen, Levine, represents RK Centers, Raanan Katz, Daniel Katz in their frivolous lawsuits against this blog. Here is Mr.Levine examination of Daniel Katz.

" BY MR. LEVINE:

16      Todd Levine:   Does RK Associates and RK Centers include an

17  acceleration clause in their typical leases with their

18  tenants?

19      Daniel Katz:   Yes, we do.  It's standard industry practice.

20      Todd Levine:   And I forgot to ask you:  What business is RK

21  Centers and RK Associates engaged in?

22      Daniel Katz:   Commercial real estate development and

23  management."


Here is RK Centers Memorandum of Lease with CVS Pharmacy. As you can see below there is no lease acceleration, automatic "gotcha" clause, 6 month notice in CVS Lease. Why...? Why CVS Pharmacy Corporation does not share RK Centers, Raanan Katz, and Daniel Katz "standard industry practice."

"MEMORANDUM OF LEASE
Notice is hereby given of the Lease hereinafter described PARTIES TO LEASE:
LANDLORD: 18100 COLLINS AVENUE SHOPPING CENTER, LTD. 17100 COLLINS AVE., SUITE 225
SUNNY ISLES, EL 33160
TENANT: HOLIDAY CVS, L.L.C.
ONE CVS DRIVE
WOONSOCKET, RI 02895
ATH PROPERTY ADMINISTRATION STORE # 8903-01
DATE OF EXECUTION OF LEASE: August    2008
TERM OF LEASE: Fifteen (15) Years
The term shall commence on the Commencement Date as defined in the Lease. SHOPPING CENTER AND LEASED PREMISES:
Shopping Center: that certain lot or parcel of real estate located at the Southwest intersection of Collins Avenue and N. B. 183w Street, Sunny Isles, Florida, described on Exhibit A and shown on Exhibit B, including the Leased Premises described below and including all buildings and other improvements situated on said property, and all rights, easements, rights of way, and other appurtenances thereto. (The Shopping Center is located in Miami-Dade County.)
Leased Premises: the portion of the Shopping Center shown on Exhibit B as the Leased Premises including the portion of the Building comprising a part of the Shopping Center, which
Building is also shown on Exhibit B and all other buildings and improvements situated on the Leased Premises and all rights, easements, rights of way and other appurtenances thereto.
The Leased Premises is also shown on Exhibit
The portion of the Building comprising leased Premises shall have the following dimensions:
ground floor dimensions: 105'9" x 89'8"x 114'2" x 110'4" ground floor total square footage: 11,000' Irregular
The Leased Premises are leased with the nonexclusive right of Tenant (and all persons claiming under Tenant, including Tenant's employees, vendors, customers and other invitees), to use, free of charge, all Shopping Center "Common Areas". Such Common Areas shall include, without limitation, paved parking areas, paved service areas, sidewalks, ramps, roadways, driveways, curbs, curb cuts and all similar facilities and areas of the Shopping Center now or hereafter existing in the Shopping Center.
Tenant's Parking Field as shown as "CVS Primary Non-Exclusive Parking Area" on Exhibit B shall be reserved for parking by Tenant's customers and Tenant may erect signs in front of each parking space within such area reading "Reserved for CVS Customers" or the like as allowed by Laws. Landlord shall have no obligation to enforce such restrictions, but to the extent permitted by Laws, Tenant may do so.
Landlord shall not constitute the Leased Premises as a separate legal parcel from the Shopping Center without first executing a cross easement and restriction agreement which is in all respects satisfactory to Tenant, preserving Tenant's rights hereunder with respect to the Shopping Center and recording the same in the records of land evidence.
OPTIONS TO EXTEND LEASE:
The Lease, at the option of the Tenant exercised by written notice to the Landlord, given not less than one hundred eighty (180) days prior to the expiration of the initial term or the expiration of any extension period may be extended for six (6) immediately successive periods of five (5) years each.
RIGHT OF FIRST REFUSAL:
The Lease contains a right of first refusal in favor of Tenant upon terms and conditions set forth in the Lease.
USE RESTRICTIONS FOR SHOPPING CENTER -
Landlord warrants that it will not lease any space in the Shopping Center or allow any such space to be used for the following purposes: a pinball, video game, or any form of
entertainment arcade; a gambling or betting office, other than for the sale of lottery tickets; a massage parlor (except a day or health spa or health club otherwise permitted hereunder providing massage services shall be permitted; a cinema, video store or bookstore selling, renting, or exhibiting primarily material of a pornographic or adult nature; an adult entertainment bar or club; a bowling alley; a roller skating or ice skating rink; a billiards parlor or pool hail; a firearms shooting range or any other use which creates or causes excessive noise; a theater; a health club or exercise salon not exceeding 4,000 square feet; any type of educational or vocational institution exceeding 10,000 square feet; a flea market; a warehouse; a gas station; a facility which performs on-site auto repair or a so-called "dollar store" or similar type store or any similar operation such as, by way of example only, "Family Dollar", "Dollar General", "Dollar Zone", "Maxway", "Allied Stores", or "Bills Dollar" (collectively, "Dollar Type Stores") provided (i) the existing Dollar Store shall be permitted to operate in the Shopping Center for the remainder of the term of its lease) and (ii) one Dollar Type Store not exceeding 3,500 square feet (in replacement of the existing Dollar Store) shall be permitted provided it is located not closer to the Leased Premises than the existing Dollar Store located at 18200 Collins Avenue. Notwithstanding anything contained in this Section to the contrary, those premises in the Shopping Center which are now subject to a lease which would otherwise be restricted under this Section which are listed on Exhibit B of the Lease may be used for the purposes expressly permitted or not permitted by the terms of said lease during the term of said lease and/or any extensions thereof, provided that if Landlord's approval is required for such use and Landlord shall not grant such consent without the prior written consent of Tenant. Said premises may continue to be used by the present tenant thereof or by any successor tenant for the same use for which said premises are currently used under the same lease.
SHOPPING CENTER LAYOUT -
(a)    Landlord warrants and agrees that the layout shown on Exhibit B will be adhered
to so as to maintain the position of the building(s), parking areas, curb cuts, traffic patterns, and roadways and passageways provided that the parties acknowledge that the northern edge of the Common Areas of the Shopping Center along 183d may be changed by the City of Sunny Isles, Florida.
Tenant agrees that Landlord may make minor, non-material modifications to the Shopping Center layout. However, Landlord agrees that, unless Landlord first shall obtain Tenant's consent: there will be no additional construction in the area designated as "No Change Area" on Exhibit B or in the Tenant Access Ways as shown on Exhibit B, there will be no change in the location, shape, or dimensions of the Leased Premises; and, there will be no change in the layout of the No Change Area or the Tenant Access Ways which would adversely affect the accessibility to the Leased Premises from the parking areas or from the public streets and roadways bordering the Shopping Center, or the visibility of Tenant's signs or storefront(s). Landlord shall not place any kiosks, planters, trees, shrubs, stairs, or other obstructions in any place in front of the Leased Premises without Tenant's prior written consent. Landlord shall not block or close any drive aisles the No Change Area or the Tenant Access Ways without Tenant's written consent. Tenant shall not unreasonably withhold or delay its consent hereunder.
(b)    Landlord shall not permit any vertical or horizontal projection (other than
Tenant's signs) on the Building, which projection shall obstruct the visibility of any Tenant sign or storefront. Landlord shall not permit any sign to be placed on the Leased Premises exterior walls or roof, except for Tenant's signs.
EXCLUSIVE -
(a)    (i)    Landlord warrants and agrees that (i) so long as Tenant is operating
(without being closed for more than 12 months and such additional time as may be reasonably necessary due to remodeling, condemnation, casualty or force majeure) a health and beauty aids store, and/or a drug store and/or a pharmacy prescription department, then provided the Lease is in effect, Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for a health and beauty aids store, a vitamin store, or a retail health center, and, (ii) provided the Lease is in effect, Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for a drug store and/or the operation of a pharmacy
(ii)    Landlord warrants and agrees that, so long as Tenant is utilizing a portion
of the Leased Premises (without being closed for more than 12 months and such additional time as may be reasonably necessary due to remodeling, condemnation, casualty or force majeure) for the sales of greeting card and gifts, for the sales of candy; and/or for the operation of photo processing department, provided the Lease is in effect. Landlord will not lease any space in the Shopping Center (excluding the Leased Premises), or permit the use of any such space, for the primary purpose of: a greeting card and gift store; a candy store; or a photo processing store, with such limitations and restrictions being applied, individually, to the individual uses set forth above in this subsection (ii); for instance if Tenant discontinues sales of candy in Leased Premises as provided above but continues to sell greeting cards and gifts and operates a photo processing department in the Lease4 Premises, Landlord may lease space in the Shopping Center for primary use as a candy store.
(b)    As used in this Lease: the term "operation of a pharmacy" shall mean the dispensing, distribution or furnishing of prescription drugs for a fee or profit or a facility which accepts prescriptions from customers which are filled elsewhere and delivered to the customer. The distribution or furnishing of free samples of prescription drugs by physicians, dentists, other health care practitioners, or entities such as clinics or health maintenance organizations shall not be deemed the "operation of a pharmacy"; and a "health and beauty aids store" shall mean a store which devotes more than 5% of its retail selling space to the display and sale of health and beauty aids but shall not include a beauty salon of less than 1000 square feet which sells health and beauty aids.
Notwithstanding anything contained in this provision to the contrary, any premises in the Shopping Center or on any land immediately adjacent to the Shopping Center or at the same intersection as the Shopping Center which are now subject to a lease which would otherwise be restricted under this provision may be used for the purposes expressly permitted or not prohibited by the terms of said lease during the term of said leas and/or any extensions thereof; provided that if Landlord's approval is required for such use and Landlord has the ability to withhold its consent, Landlord shall not grant such consent without the prior written consent of Tenant. Said premises may continue to be used by the present tenant thereof or by any tenant for the same use for which said premises are currently used under the same lease.
MISCELLANEOUS:
This instrument is only a brief summary of certain provisions for the purpose of giving notice of the Lease and is not deemed to amend the Lease in any respect. Reference is hereby made to the Lease for a more complete description of the terms."

Raanan Katz “Business Model” Makes Defaults Profitable

You may remember the story of Raanan Katz “default game", demanding astonishing amounts from former tenants as “unpaid rent” through the court, while receiving the rent from the current tenants FOR THE SAME SPACE AND TIME.

Does Raanan Katz business model make defaults profitable? The ugly chain of demanding rent from two tenants (one former, one current) for the same space and time starts the new era of making money opportunity in a commercial real estate leasing.

I have been seeking the answer to the question whether Raanan Katz “default model” can be deployed by other commercial leasing companies or its exclusive to Raanan Katz and CO.

 

Acting on this “default model”, and acting quickly enough to rotate the tenants, can lead to significant financial or opportunity profit, and increase the potential of being successful real estate commercial landlord.

The key of this business “default model” is having a good flow of potential tenants to implement rotation and two important clauses in the commercial lease:

1. Acceleration - allowing to demand rent in advance till the end of the lease (the longer the lease term, the higher opportunity profit)

2. Automatic Lease Renewal- allowing to renew the lease without any act from tenant’s side

Especially effective the “default model” can be implemented to small business tenants, when they do not plan to allocate sufficient budget for legal services.
Raanan Katz represented in Miami Court in his "legal" extraction scheme by Miami based attorney Todd Levine.