(CMR) Vine and Tap has been issued an eviction notice by its landlord, Cayman Technology Centre, after nuisance complaints; however, the bar has refused to leave unless it is paid CI$1.2 million. Cayman Technology has since filed a lawsuit against the owners of the the business.
Cayman Technology Centre, in the court document, has claimed that in breach of its lease agreement, Vine and Tap, its guests, patrons, and licensees have become a source of nuisance, annoyance, and danger interfering with the quiet use of the Premises and quiet use of the adjoining and neighboring premises.
A December 2023 shooting and the lewd behavior of patrons have been listed among the numerous incidents of nuisance and danger that Vine and Tap has caused at the location.
According to the court document, Cayman Technology Centre leased Unit A1 and A2 to Vine and Tap in 2020 with the lease to run from 01 August 2020 to 31 July 2025 for a rent of CI$80,000.00 per annum.
Under the lease agreement, Vine and Tap agreed not to do or permit or suffer to be done on or within the Premises anything which in the Landlord’s opinion, acting reasonably, may be or become a source of nuisance or annoyance or danger to or in any way interfere with the quiet use of the other portions of the Property or any adjoining or neighboring premises.
The lease agreement also required the tenant to insure the Premises and the allotted parking
spaces in the joint names of the Landlord and the Tenant against public liability in a sum of not less than One Million United States Dollars (US1,000,000.00) per accident.
The lawsuit states that in 2023, the Defendant underwent a change of shareholder ownership and the current shareholder took over ownership and control of Vine and Tap. Since the change of
shareholder ownership and control, the location has attracted a very different clientele to the Premises and the vicinity.
Cayman Technology Centre says Vine and Tap hosts events (in particular on Friday evenings and Sunday afternoons), which attract a very large crowd of patrons who cause nuisance, annoyance and/or danger by fighting and physical violence, resulting in the police being called out to the Premises.
The lawsuit also states that patrons loiter whilst intoxicated, drink alcohol, and consume drugs outside the Premises and/or in the vicinity of the Premises and neighboring properties.
The lawsuit also outlined that there was vomiting and urinating outside the Premises and/or in the vicinity of the Premises and neighboring properties.
Patrons of Vine and Tap have also been accused of approaching and making unwarranted approaches and comments to female customers and staff attending other neighboring properties and businesses; discarding empty and half-consumed glasses and bottles of alcohol outside and around the Premises; and parking up outside and/or in the vicinity of the Premises and neighboring properties and playing excessively loud music over car sound systems.
There have also been complaints of foul and loudmouth behavior; lewd and gratuitous behavior outside the Premises and/or in the vicinity of the Premises and neighboring properties; and the discarding of used condoms outside and around the Premises and/or in the vicinity of the Premises and neighboring properties. Vine and Tap has also been accused of allowing pole-dancing within the premises.
According to the lawsuit, Cayman Technology Centre's other tenants have repeatedly complained about Vine and Tao and its patrons. Staff and customers of neighboring premises feel unsafe owing to the clientele that Vine and Tap has attracted and continues to attract to the Premises and the vicinity.
It further states that the neighboring premises and Cayman Technology Centre are now suffering the stigma associated with the nuisance, annoyance, and danger that Vine and Tap is permitting.
The lawsuit added that people have been commenting adversely on social media and being put off from visiting and spending time in the business park.
Tenants have also given Cayman Technology Centre notice that they are considering vacating adjoining and neighboring premises because of the nuisance, annoyance, and danger. As a result, the Plaintiff will suffer loss and damage, which it reserves the right to seek recovery of from the Defendant in future proceedings if necessary.
By way of letter dated 15 January 2024, Cayman Technology Centre, through its attorneys, gave written notice of the termination and forfeiture of the Lease for breach of covenant at clause 2.7 of the Lease and also requested a copy of the insurance policy that the Defendant was required to obtain. The Plaintiff gave the Defendant notice that the Lease would terminate at 12 noon on 29 February 2024.
The Defendant failed to produce the insurance policy required under clause 2.13.1 of the Lease and failed to vacate the Premises by 12 noon on 29 February 2024.
Instead Vine and Tap has sought to hold the Plaintiff to ransom and asserted that it will not vacate unless and until Cayman Technology Centre gives it CI$1,200,000.
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