Landlord Disputes
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"The views and opinions expressed in this newsletter are strictly and exclusively those of this writer, and are not to be interpreted as criticism               
of any other person or institution. Nor are they intended to malign or to express any infamous view of any such person or institution."  RJA             xxxx

THE STORY OF THE SSQQ DISPUTES WITH OUR LANDLORD

In January 2007, student tuition will rise for the first time in three years.   2006 was one of the most successful years in studio history.   Why then do we need to raise our prices?   Our Landlord has recently raised our rent by nearly $8,000 a year.

Following a veritable Biblical Plague of problems - the leaking roof, potholes the size of craters in the parking lot, loss of parking space, car towing incidents, and constant headaches - this rent increase is indeed a bitter pill to swallow.  

Much of the increase can be traced to a clause in our lease that gives the Landlord the power to pass on practically any shopping center cost they wish on to the tenants.  According to their lawyer, SSQQ has little or no say so in any of these matters.

THE DOBERMAN INCIDENT

On Monday, July 31, 2006, my daughter Sam and I witnessed a growling Doberman lunge at SSQQ Instructor Bryan Spivey.  The dog is pictured at right.  This incident took place directly under the Sky Bridge on "Chestnut."

I doubt most of you have ever heard of 'Chestnut'.   That is because it doesn't look like a street any more.  'Chestnut' is the parking area that runs directly in front of the studio from Bissonnet to First Street.  At some point in time Chestnut Street was 'loaned' to the Bissonnet Shopping Center for parking use, perhaps back in the Seventies when the studio was once used as a police shooting range.

Even though its identity as a city street has ceased to exist, Chestnut has remained property of the City of Bellaire.  When First Street Surgical Center decided to build a hospital on the former Door Warehouse location, the only way they could connect their two buildings was to add the Sky Bridge over the Chestnut Street area.   In other words, the dog incident occurred on city property.

This area has been under construction since November 2005.

Although the area under the Sky Bridge is public property, people can certainly understand that during construction of the hospital, First Street Surgical would prefer people not walk through that area for fear of an accident. 

Consequently First Street Surgical received permission from the City of Bellaire to seal this area off during the construction phase.

The construction company put up heavy four-foot high plastic barriers to prevent cars from coming through. They also erected a metal fence around the perimeter to further deter people from entering this area.

However by the end of July 2006, the entire area under the Sky Bridge was now completely paved.

On the evening of the Doberman incident, this area appeared ready for pedestrian traffic.  

The metal fence was the major barrier that had roped off the construction area.  This fence had prevented people from walking through.

Now the fence on the First Street side of the hospital had been completely removed.  

A brand new north-south sidewalk which paralleled First Street had taken it's place. In addition, the area had been landscaped.

The only obstacles remaining were the plastic traffic barriers to prevent cars from coming through.

There were no signs posted which prohibited people from walking through. 

Furthermore, if you were walking south on the brand-new First Street sidewalk, the sidewalk directly guided pedestrians  onto the Chestnut area under the Sky Bridge which is pictured on the left.

My point is that any casual observer might conclude the entire area not only appeared safe for pedestrian traffic, but that it was available and permitted.

The Red X indicates the spot where Bryan passed the Doberman.  After the animal lunged at him, he was so intimidated he actually ran up those steps to avoid further contact with the dog.

The time was 7 pm.  Classes started at 7 pm. 

As I parked my car near the corner of First Street and Chestnut Street, I knew I was running late. 

As my daughter Sam and I got out of my car just yards from the Sky Bridge area, I looked up and noticed that SSQQ instructor Bryan Spivey was about ten yards ahead of me.  He too was running late.

Rather than take the long walk around the hospital, Bryan had decided to take the 'Chestnut' shortcut from First Street to SSQQ.

Bryan was walking under the Sky Bridge in the middle of Chestnut when he noticed a Hispanic man glaring at him.  This man had a Doberman at his side on a leash.  The man was likely one of the construction workers. 

Bryan later told me he specifically asked the man if it was okay to walk through. Bryan said the man frowned, but nodded permission.

Bryan continued walking, but he was worried.  That Doberman had begun barking at Bryan during the exchange.

Now the dog began to strain on his leash to get to Bryan.  The man and the dog were perhaps 7 feet away.  The animal was held back only by the strength of the construction worker hanging onto the leash.

Just as Bryan passed the growling dog, without warning, the construction worker appeared to relax his grip on the leash which allowed the dog to lunge at Bryan.

Just as the dog lunged towards him, Bryan reacted instantly.  He quickly jumped to his right, then climbed the stairs to safety.  Bryan had been watching the dog carefully.  Under the circumstances, wouldn't you? 

The dog missed Bryan by less than a foot.  Had Bryan not moved, I imagine he would have either been bitten or barely escaped injury.

The construction worker laughed.  I assumed he was amused at Bryan's instinctual fear reaction, but then I could be wrong.

Bryan paid him no heed and kept walking.  Inside though, Bryan was furious.  After all, he had asked permission in the first place.

Sam and I just stood there watching in disbelief.  It looked like this construction worker had deliberately allowed the dog to frighten our friend.  I shook my head in disgust.   I turned on my camera and took the picture below at right.

I recognized this man from a previous experience.  One night in December 2005 I parked on First Street in front of the plastic barriers blocking Chestnut Street.  This man came out of the darkness to confront me. In a raised voice, he ordered me to move my car.  I pointed to the 4-foot high plastic barriers and explained they had created a temporary parking spot.   Why not use it?  

He told me he would have me towed if I didn't obey.  I told him he didn't have the authority because First Street was city property.  He repeated his towing threat, then whipped out his cell phone to ring the tow company on fast dial. 

So I moved my car.  What was the point of defying this guy?

Thus the dog incident marked the second time I had seen this man operate in a harsh manner.  What kind of person uses a Doberman to intimidate innocent people from walking through the area?    Having learned my lesson how hostile this man could be, Sam and I decided to take the long route around the hospital. 

So maybe it is a nuisance to have people walk through, but they aren't interfering with anything.  The work for the day is clearly over. These people are hardly any threat to steal something.  Nor are they are likely to get hurt.  It is an empty, paved city street with no obstacles in sight.

Actually the only serious threat to their safety was this man and his dangerous dog. 

Whatever his concern was, all the man had to do was sit in a chair and watch as people passed by.  What did he gain by being ugly?

The use of this animal to deter pedestrian traffic on public property was a highly inappropriate action. 

In retrospect, I should have called the police. Unfortunately the thought didn't even occur to me at the time.  I have been overcome with an increasing sense of futility.

For example, every day for past two years, whenever I come to the studio, I glance at the potholes and say to myself, "Why even bother to speak up?  What good does it do?" 

After two years of frustration dealing with the management, I have become so accustomed to being ignored that I was too numb to react with outrage like a normal person would. 

DEFAMATION LAWSUIT THREAT

As a simple example of the 'tension' I have become accustomed to, you need to understand that the following story about the SSQQ problems with the Landlord was written under the direct threat of a defamation lawsuit.

August 1, 2006

I further would like to direct your attention to the laws in the State of Texas regarding defamation, libel, and slander. If you are to publish any untrue statements, on a web site or any other form of publication, that are defamatory in nature regarding Lenox Hill Holdings, Ltd and/or any of its agents, officers, or employees; Lenox Hill Holdings, Ltd will take all necessary legal action to cure such conduct allowable under Texas Law.

If you have questions regarding what constitutes defamation under Texas Law, I would advise you to see the counsel of your attorney or contact me immediately.

Hugh Jones Plummer, Jr

Plummer and Farmer
Attorneys at Law

What do you suppose it means when someone is worried about being defamed?

I have written extensive stories throughout my web site.  Literally hundreds of stories!  I have had arguments aplenty and I have been called ugly things on several occasions.  But you know what?  Not once have I ever been called a liar.

That said, there are a few things you the reader need to understand before we proceed.

1. Everything I say in this article is strictly MY OPINION ONLY.  For example, later on I will say that I found a hole in the roof.  Then I will say that the discovery of that hole led me to conclude that no roofer in the previous year put any sort of patch on that spot.  That is MY OPINION.  It may turn out that some roofer did attempt a repair on that very spot.  Therefore I am simply saying that what I saw and what I photographed does not prove beyond a shadow of a doubt that a roofer hired by the Varons did not attempt roof repairs.

Or I will say "the construction man APPEARED to give the Doberman slack on the leash so it could lunge at Bryan."  I cannot prove the construction man did anything of the sort.  I simply observed the coincidence that the dog lunged at Bryan just as he passed.

In other words, get used to the phrase "in my opinion" and the word "appeared."

2. I will be the first to admit some of my numbers were just estimates and guesses. 

For example, it may turn out that the CAM increase for 2006 is not between $7,000 and $8,000 as I surmised. It was just a guess. I will simply say that every number I published in this article was my best guess given that I didn't have always the facts at my hand.  This is a STORY about why your tuition is going up. It was not meant as a prelude to a legal fight. 

As another example, in one spot I say that the SSQQ dance floor cost $60,000.  In another spot, I said it cost $100,000. 

First of all, I do not know what the floor cost.  It was a long time ago in the days before I computerized my business records.  Those numbers are not at the tip of my fingers. My memory tells me the floor cost about 20 cents a foot. 6,000 square feet.  You do the math.  If my memory is wrong, then please forgive me.  All I can say is that is the number that comes to mind seven years later.

Here is the explanation behind the contradiction in prices:  SSQQ purchased the dance floor on two different occasions back in 1999.  The first time we replaced the surface in Room 1 and Room 2.  We were so pleased with the results, a year later we resurfaced the rest of the studio.   The $60,000 figure referred to the general area specifically under the roof leak when I emailed Mr. Varon and Mr. Mark Ray on February 1.

My underlying point is: Everything I have said in this document is the truth as I know it.  If I discover a mistake, you have my word I will correct it the moment it is brought to my attention and issue an immediate WRITTEN apology if requested. 

I believe the Varons have the right to present their side of this story if they wish.  Therefore I invite Dr. Varon and Mrs. Varon to say whatever they wish.  I will publish it right below my story.

If they inform me of possible errors, I will either correct the mistake on the spot or at least debate whatever objection they may have.

Rick Archer
August 21, 2006

Introduction
The story about the Landlord/SSQQ Disputes is a long and deeply complex story that covers two and a half years of tension.  To help keep track, I will include a Timeline.

    TIMELINE

BOTTOM OF PAGE
00  2004 February  Dr. Jacob Varon and Mrs. Haya Varon purchase the Bissonnet Shopping Center from the Kwans
01  2004 June  I meet with Dr. and Mrs. Varon at their request to discuss renting space next door
02  2004 August  I ask permission to use the parking at First Street Surgical for a special event
03  2004 September  I write a letter about the potholes in the parking lot
04  2004 October  I write another letter about the potholes in the parking lot
05  2005 April  Pool Supply moves in next door. The remodeling causes SSQQ huge problems.
06  2005 June  The Babysitting business threatens to tow the cars of SSQQ students.
07  2005 July  The SSQQ Roof Leak Problems begin
08  2005 October  The first SSQQ-Lenox Hill CAM dispute
09  2005 November  The rains return and cause more leaking
10  2005 November  The Varons take away one-third of the parking lot to use for their hospital construction
11  2005 November  The Awning dispute
12  2005 November  I request a meeting
13  2005 November  The Meeting on November 29th
14  2005 December  I ask the question: Were any repairs ever actually done to the roof?
15  2006 January  Heavy rains reveal that nothing was done over the Holidays.
16  2006 January  I write a "Breach of Contract" letter
17  2006 January  Up on the Roof
18  2006 January  The Case of the Curious Membrane
19  2006 February  The Conclusion of the Roof Story
20  2006 March  Return of the Awning Problem
21  2006 May  The 2005 CAM Dispute over a $5,200 surcharge
22  2006 June  I write a letter to Ms. Varon protesting the CAM surcharge
23  2006 July  The Lenox Hill lawyer demands I pay the CAM and warns about a "Defamation Lawsuit"
24  2006 August  I pay my 2005 CAM, send a letter to attorney, and write this article.
25  2006 August  Conclusion to this story
26    Letters to the Editor

BOTTOM OF PAGE
 


THE STORY BEGINS

1. JUNE 2004: I MEET WITH THE LANDLORDS TO DISCUSS RENTING ADDITIONAL SPACE
Dr. Jacob Varon and his wife Haya purchased the shopping center in February 2004.  They do business as "Lenox Hill Holdings, Ltd".  I have only met them twice.

Within a couple months after they took control of their new property, Ms. Varon phoned me to inquire about the possibility of SSQQ renting more space.  In particular a barber shop next door to us had come free.  I believe it was June 2004 that the three of us first met. 

We explored the abandoned barber shop next door to SSQQ.  I had gotten my hair cut there on many occasions so I was familiar with the space.  Mostly I was meeting with them as a courtesy.  I already knew I wasn't particularly interested.  Of course I would have loved to acquire more space, but not at the price they were asking. Plus my own business did not feel strong.

The truth was that 9/11 had delivered such a shock to the nation that my own particular business had not yet bounced back three years later.  Consequently our attendance was flat.  With the exception of Salsa, overcrowding in our classes was not an issue.  I saw no reason to assume more space until my business began to pick up again.  

Besides, one more terrorist attack or an outbreak of Bird Flu and I would be lucky to stay in business at all.  Given my current income, the slow economy, and the fear of the unexpected, I felt that adding the space was just too risky. 

I suspect the Varons purchased the Bissonnet Shopping Center for at least one specific reason: they needed the use of the parking lot for their hospital expansion plans. 

The Varons and several investors had acquired the building adjacent to Charlie's Barbeque in 2003.  I do not know much about these investors other than they are rumored to be a group of doctors and plastic surgeons.

They remodeled the building to permit day procedures and named it "First Street Surgical Center". 

Now that the Surgical Center was ready, the investment group wanted to open up a hospital next door in the area once occupied by the Door Warehouse. 

But first they had to overcome an Achilles' Heel: the Door Warehouse location came with virtually no parking space.

They needed parking to make their investment work.

Therefore the Bissonnet Shopping Center became a very valuable asset to acquire in order to obtain parking.

Speaking of parking, back in the days before the Varons came on the scene, parking was never a problem at SSQQ.  For one thing, our students used to park in the parking lot in the area now occupied by First Street Surgical.

However this parking area was quietly declared off-limits when, as part of the First Street Surgical Center remodeling, they constructed an impressive metal fence.  As a result, ever since then this space has remained totally unoccupied during SSQQ business hours. 

One day I wondered if the Varons would share the space with us for a good cause.   I wrote the following letter: 


BACK TO TIMELINE
2.  AUGUST 19, 2004: MY REQUEST FOR PERMISSION TO USE THE FIRST SURGICAL PARKING LOT

-----Original Message-----
From: Rick Archer
Sent: Thursday, August 19, 2004 2:16 PM
To: Haya Varon
Subject: SSQQ Extravaganza August 28

Haya,

I have a big favor to ask.

On Saturday, August 28, our studio is throwing an all-day set of dance workshops to be followed by a dance afterwards.

the last time we threw one of these parties, it resulted in a huge parking nightmare for all the other businesses in the shopping center. here is the story of that fiasco:  Swing Extravaganza

I intend to do everything in my power to keep our students OFF the Front Row of the businesses all day.

Since the workshops will be over by 4:30 pm that day, would it be possible for our students to receive permission to park in the First Street Surgical Center for this one day only?

I would have them put their name on the windshield so we could track them down and I promise they would be gone by 4:30.

I would be so grateful and it would be a terrific boost of good news for our students.

Rick Archer
SSQQ Dance Studio
Houston Texas
 

No response to the above letter was ever received.  I took this to mean "No".

Since my meeting with the Varons regarding the additional space, I had not heard from them in three months.  Other than the monthly invoices, there was no contact. 

In September I included a brief note with my rent payment asking that the bulbs in the light fixtures. I did not receive a response.

3. POTHOLES AND OTHER PROBLEMS I

Wednesday, September 01, 2004


Haya Varon
Lenox Hill Holdings

Ms. Varon,

I spoke with you two months ago about the condition of the parking lot. You asked me to be patient, saying that in sixty days work would begin. The problem has only gotten worse.

Quite frankly, the potholes are now to the point where our customers complain to me daily. I do not expect the entire parking lot to be repaved, but I would certainly appreciate it if the parking lot could be maintained with temporary fixes. It is fairly simple to do a quick patch job.

There are two security lights that are out in front of the building. They are on the lawn that borders Bissonnet Street.

I have many women who go to their cars late at night who have asked me to see if the lights can be fixed. I promised them I would ask.

On a final matter, I emailed you with a question about parking. Whether you received it or not I do not know because I never got a reply. I have your email address listed as xxxx. Is this correct?

Sincerely,  Rick Archer


I never received a reply to this letter.  In the meantime, the place continued to fall apart with neglect.  Here is another letter I sent to Ms. Varon regarding this subject just one month later.

4. POTHOLES AND OTHER PROBLEMS II

Monday, October 11, 2004

Haya Varon
Lenox Hill Holdings

Ms. Varon,

I am concerned over what appears to be an absentee ownership.

The potholes get deeper and deeper.

Even worse, the lights on the property have not been fixed despite my polite request in last month's letter.

I did not receive a written response to last month's letter. Nor did I receive a phone call. Nor did I receive an email.

If it weren't for the rent check request, I would wonder if anyone is even involved in the property any longer.

It remains my wish to conduct the same cordial business relationship that I had with my previous landlord.

If you would be so kind, please email me the date that you intend to fix the lights and an estimated date for the scheduled parking lot maintenance.

My email address is dance@ssqq.com

Thank you in advance for your prompt attention to this matter.

Sincerely, Rick Archer

To my knowledge, no response to my letter was ever given.  Another six months went by.)

BACK TO TIMELINE


5. APRIL 28, 2005: THE POOL SUPPLY COMPANY INCIDENT

About a year after I turned down the space next to SSQQ, the Varons finally found a new tenant.

In April 2005, I was told that plumbers, electricians, and carpenters needed access to SSQQ space during the day to permit necessary repairs and improvements so a pool supply business could move in next door to SSQQ.

Apparently much of our mutual wall was not up to Fire Department code.  Massive changes had to be made.  Apparently it was much easier to make the repairs on the SSQQ side than on the Pool Supply side.

So, at no benefit to SSQQ whatsoever, for days on end, Linda Cook, who was in charge of SSQQ maintenance, trudged over to the studio to let these people in. 

Here is the story told through email correspondence.

 -----Original Message-----
From: Rick Archer
Sent: Thursday, April 28, 2005 10:17 AM
To: Haya Varon; Mark Ray office buildings
Subject: continued disruption of dance studio business

Mr. Ray and Ms. Varon,

My business has been disrupted now for the past two weeks by the constant presence of various construction workers - plumbers, electricians, and firewall installers.

Currently the ceiling in three of my rooms has been left wide open for three days. As a result, at night during class heat pours through these openings and the temperature is unbearable in each of these rooms. My air-conditioner is completely full of ceiling dust sucked in from the open ceiling. Why these people can't temporarily patch their work each night with plastic is a question that should be answered, but it is too late now. The damage is done.

My attendance is down 20% - I have the statistics to prove it - and the complaints are loud and bitter. I understand why the work is necessary, but am also upset that my business has not been protected!

I am aware the problem is no one's fault in particular. It is not your fault nor the incoming Pool Supply Company nor my fault that someone put an AC vent on the wrong side of the wall many years ago. It was that way long before I ever took over the location, I promise you. The work has to be done. We should all count our blessings that my business is closed during the day. Otherwise we would have an even bigger problem on our hands.

However in order to have access to my premises, the load has fallen on the shoulders of one person. I have an employee - Linda Cook - who has reliably shown up by my count over ten times to let various workers in.

And at least one time she wasted an entire morning trying to help. On Sunday, April 24, Ms. Cook showed up at 7 am in the morning only to be stood up by the work crew. An entire day of construction was wasted as well as this woman's entire morning. How would any of us feel about driving over the dance studio at 7 am on a Sunday morning for someone else's problem?

Think about it.

Since then Ms. Cook has spent entire days at the studio while the construction people tear the place apart. And it is a good thing she is there. Yesterday the workers left the door pried wide open while they went to lunch. By chance Ms. Cook walked in and made the discovery. She closed the door and locked it.

I have many valuable items in my building. I am completely grateful Ms. Cook is keeping an eye on the safety of my business. How would you like to have your house or business treated the same way??

I am writing with two requests.
1) Not only do I want the ceiling repaired when the work is done, I would like for the ceiling where the work was done to look BETTER than before it was torn apart. New ceiling tiles are not expensive. $20 to $40 should do the trick. Please.

2) I would like for you to remunerate Ms. Cook for her time. I estimate she has willingly put in over 40 hours without complaint or any expectation of extra pay.

That said, she deserves to be paid for her service. She sits there the whole day hours on end keeping an eye on the premises.

My business is not open during the day. This is Ms. Cook's free time that she is giving up to cooperate with the construction worker's need to have access to my building. Ms. Cook is not wealthy, trust me. As a single parent, she supports two teenage children completely on her own on a dance teacher's salary. Not only could she use the money, she deserves the money.

I think $300 would be fair. I could pay her myself and deduct the money from the rent. I am asking for your permission. I would explain that the landlord is paying her, not me, so she will know her sacrifice is appreciated.

Thank you.

Rick Archer
SSQQ Dance Studio
Houston Texas

 

-----Original Message-----
From:
Sent: Friday, April 29, 2005 4:55 PM
To: dance@ssqq.com

Subject: Follow up
I wanted to let you know Mark Ray has started looking into the current situation with construction next door.

Mark had surgery yesterday, but I have spoken to him amd he will continue following up on this on Monday.

Have a nice weekend. Haya Varon



-----Original Message-----
From: Mr. Mark Ray
Sent: Wednesday, May 04, 2005 4:16 PM
To: Rick Archer
Cc: Haya Varon
Subject: Re: continued disruption of dance studio business

Mr. Archer,

I just wanted to touch basis with you, Has the work in your space completed? I have put in numerous calls to the contractor and he hasn't called me back.

I will continue to try to get in touch with him but If you would like to call me I can be reached on my cell at 713xxx

I will continue to get this issue resolved immediately.

Mark Ray

-----Original Message-----
From: Rick Archer
Sent: Thursday, May 05, 2005 12:08 PM
To: Mr. Mark Ray
Cc: Haya Varon
Subject: RE: continued disruption of dance studio business

After a three-week ordeal, the work appears to be done. The building inspector still has to be allowed in.

I again respectfully ask you to reimburse Ms. Linda Cook for her time.

She has made over a dozen trips to let people in. She has given up four entire days of her time sitting at the studio for 6-8 hours while the contractors did their job.

Once she drove to the studio on a Sunday morning at 7 am only to be stood up
by the crew.

I ask nothing for myself. The ceiling has been repaired to my satisfaction. At this point I simply wish to see that Ms. Cook is rewarded for her cooperation.

Rick Archer
SSQQ Dance Studio
Houston Texas

I never heard a single word back.

Ms. Cook was not reimbursed for her time.  

Nor was SSQQ reimbursed for the special air-conditioner repair or for the inconvenience to our customers.

This was the first time Lenox Hill Holdings took actions that benefited them, but hurt SSQQ in the process. 

It would certainly not be the last.

BACK TO TIMELINE

6.  JUNE 7, 2005: A TOWING THREAT

In addition to the Pool Supply Company, another business moved in at approximately the same time.  It turned out to be a baby-sitting service.  The first woman I met was extremely aggressive.  She was so angry she demanded I have a car moved immediately or she was going to have the car towed. 

I told her that she did not have the authority to tow a car. I also the punishment far exceeded the crime.  After the confrontation, I wrote a letter to the Landlord.

Here is what I had to say.

 -----Original Message-----
From: Rick Archer
Sent: Tuesday, June 07, 2005 10:48 AM
To: Haya Varon; Mark Ray office buildings
Subject: disturbing incident involving new tenant

On Friday night, June 3, we reopened for business after a two week break.

At 7:15 pm a woman from the new child play business walked into my studio to announce she was about to tow a car she claimed was illegally parked in front of her store.

As a result, we were forced to stop classes in six different rooms till we found the offending customer and gave them the word to move it "or else".

The message was therefore sent to everyone in the building that cars would now be towed from our parking lot. Everyone in the building immediately began to frown. This was not a welcome message.

I handed my class over to an assistant and walked down the sidewalk to speak with the woman. I believe her name was Ani, but I am not sure. She said that she had PERMISSION from the management to tow cars whenever she wished because a car in front of her store ENDANGERED her children.

In addition to defending her right to tow cars, she was verbally abusive to me by telling me I was mean, I was insensitive to the danger that parked car was to her children, and that I was not fit to have children of my own. I did not threaten her or retaliate. My only reply was that towing a customer was an incredibly dangerous and poorly thought out move.

Towing someone's car is an incredibly serious offense, especially someone who is a customer of YOUR shopping center. The message it sends is unbelievably hostile. The monetary cost is well over a hundred dollars.

The cost in time is well over an hour. The cost in aggravation and hostility towards the person who ordered the tow is steep. The humiliation is intense.

The Door Warehouse used to make serious kickback money from towing my studio customers until the City of Bellaire cracked down on them for illegal tows.

I cannot begin to tell you how bitter the victims were, but I will share with you that I drove them myself to pick up their cars over at a lot near Fingers on the Gulf Freeway.

I know very well just how angry they were. One woman even took Joel Loshack to court only to see him escape due to his bankruptcy.

I can guarantee you the punishment in this situation is far more serious than the crime.

There has NEVER been a car towed by another business in this shopping center in 25 years. Charlies BBQ has signs stating the same thing, but they have never enforced them. Radio Shack has never towed a car either. Nor has the Nail Place.

Nor should this woman, but I can't stop her or reason with her.

If it is correct that you have given this woman the authority to tow cars, then I question your management common sense by not warning the other businesses. And if it is correct that you have given this woman the authority to tow cars, I strongly recommend you remove it immediately. She is obviously too immature to be given this kind of authority.

And if it is NOT correct that you have given this woman the authority to tow cars, I think you need to have a word with her.

I acknowledge the woman's right to keep a spot open at all time if that is her wish. A simple solution would be to move your "handicapped parking" spot in front of her store since it is never used at night anyway. This would provide a simple place for cars to park for two minutes while dropping off or picking up their children.  Or put out proper signage asking people not to park there.

But whatever you do, remember that it is a legitimate customer of YOUR shopping center that she was attempting to tow. And that was another business in YOUR shopping center that was disrupted for ten minutes while we did a room to room search.



-----Original Message-----
From: Mr. Mark Ray
Sent: Thursday, June 09, 2005 4:20 PM
To: Rick Archer
Subject: Re: disturbing incident involving new tenant

Mr. Archer,

I have spoken to Haya and we will contact you in the next couple of days to discuss this with you further.

Thanks for your attention to this matter.

Mark Ray


Normally the most common response I get to any email I send is no response at all.  However in this case I did receive an angry call from Ms. Varon a few days later. 

It seems the babysitter had called to complain about our cars and my attitude.  Ms. Varon informed me that if she wanted to give someone the authority to put up towing signs and have the cars towed, that was her right.

Curiously, the problem disappeared soon after.  As soon as SSQQ students discovered the babysitting service, they began to drop their small children off on a regular basis.  For example, SSQQ instructors Ben Liles and Daryl Armstrong have used the service on many occasions.   I am unaware of the details of the transformation, but my guess is the babysitting service eventually realized SSQQ was more of an asset than a problem.

Since the rocky start, we trained them to simply call our Hall Monitor on the phone and we get the car moved.   Now how tough is that?

TOWING SIGNS

The unpleasant outcome of this event was the dawn of the Towing Sign Era.   Soon we saw a profusion of the ugliest set of towing signs imaginable.  Up and down the sidewalk rested one red towing sign after another.

To my knowledge, not one car has ever been towed from any of these businesses.  However there have been many ugly threats.

The hostility behind these messages is undeniable.  

The graceful solution... and aesthetically pleasing as well... would be to paint on the curb a message like "Parking for Radio Shack Customers Only" and remove these offensive signs permanently.   


The sad part is that none of these businesses seems to understand that I totally agree they have a right to reserve the parking spaces in front of their shop.  There is a massive failure to communicate on all sides and I suppose that includes me.

They see all these SSQQ customers park in front of their business and assume that SSQQ condones it.  Nothing could be further from the truth.  The problem is that some customers who are new to SSQQ get nervous on their first visit and prefer to park as close to our building as possible.  The obvious spots are the openings on the front row.   There is no way SSQQ can police the entire parking lot.  Nor do we intend to hire someone to watch the sidewalk!

However we do have a simple solution.  First, each business should put out a professional sign asking people NICELY (e.g. try using the word 'Please') to respect their space.  Then if someone parks there anyway, all the business has to do is phone our Hall Monitor station and we will go room to room until we find the owner and ask him or her to park someplace else. 

All they have to do is call and they will soon discover there are actually civilized, decent people who work at SSQQ.

This screaming and arguing on the sidewalks should have stopped long ago, but it hasn't.  Nor has Management taken any steps that I know of to deal with the problem other than the solution you see above. 

BACK TO TIMELINE

7. JULY 2005: THE ROOF PROBLEMS BEGIN

I think the only way to truly understand the depths of my despair on the roofing issue is to explain my relationship with the previous landlord.

The original owners of the Bissonnet Shopping Center, Mr. and Mrs. Alan Kwan, were two of the most considerate human beings I have ever met. My dealings with them were spread over a dozen years.  In that time, our interaction was always cordial, warm, and respectful.

Any time there was a roof leak, we would call Mrs. Kwan about the problem.  She would have a roofer go up immediately, patch the problem, and that was the end of it.  The problem was usually solved within one week.  In the twelve years, the leaking problem never amounted to more than a small STAIN in the ceiling tile because they attacked the problem before it could get worse.

Sunday night, July 24, after a rainstorm in the area passed through, I noticed a stain in one of the ceiling tiles in Room One.  The picture above, incidentally, is NOT reflective of the problem on July 24.  It is just there as an example.

In fact, the initial stain was very minor.  However Mrs. Kwan had trained me to report all leaks immediately so she could get them fixed before they became a problem. 

Due to her aggressive treatment, this July problem was the first roof leak I had reported in over a year and a half.  That is correct.  We had gone over eighteen months without a stain in the roof. 

In fact, this was the first time I had ever reported a leak to Mark Ray, the building manager. 

-----Original Message-----
From: Rick Archer
Sent: Monday, July 25, 2005 10:12 AM (note: time is estimated)
To: Mr. Mark Ray
Subject: 4803 Bissonnet Roof Leak over ssqq dance studio

The recent storms have punched a hole in the roof so large that we had several ceiling tiles collapse.

Since there is a valuable wood floor underneath the leak, it is imperative that I ask you to aggressively handle this problem.

Our contact person is Linda Cook. She can be reached during the day at 713 294 5277. Or email her to set up a time for her to show your roof repairmen where the leak is.

Thank you.

Rick Archer


-----Original Message-----
From: Mr. Mark Ray
Sent: Monday, July 25, 2005 11:53 AM
To: Rick Archer
Subject: Re: 4803 Bissonnet Roof Leak over ssqq dance studio


I have spoken to the roofer Bill Parish and he will call Linda to set a time to review damage, I believe it will be today.

Mark Ray


-----Original Message-----
From: Rick Archer
Sent: Monday, July 25, 2005 12:16 PM
To: Mr. Mark Ray
Subject: RE: 4803 Bissonnet Roof Leak over ssqq dance studio

Thank you!

Rick Archer
 

Linda Cook informed me she thought the roofers had been by because she thought she heard someone on the roof.  I asked her if they had called her yet.  She said no.  That worried me.  What kind of roofers had they hired? 

This reason I was concerned is that their lack of contact was a departure from the tried and proven method.

My previous landlord, Ms. Kwan, had always asked the roofer to meet with a studio representative so we could let the man in to see EXACTLY where the problem was.  He would get out his measuring tape and make calculations to orient him when he got to the roof.

Using this "Patch Technique" was very effective.  In the twelve years Ms. Kwan managed the Center, we NEVER had one drop of rainwater touch the floor.  Furthermore, after the Varons took over management from the Kwans in March 2004, it would be over a year before we would see another leak.  The Kwans clearly knew what they were doing.

I wondered how was this new roofer supposed to solve the problem without knowing the location of the leak?  So I wrote another email.

-----Original Message-----
From: Rick Archer
Sent: Friday, July 29, 2005 10:45 AM
To: Mr. Mark Ray
Subject: RE: 4803 Bissonnet Roof Leak over ssqq dance studio

It is my understanding that the roofers have been here this week, but no one has contacted Linda to learn of the exact location of the SSQQ leak.

It is a very bad leak. Last night I discovered warping in my dance floor. It is imperative that this leak be fixed ASAP!

Linda's cell phone is 713 294 5277

Rick Archer
SSQQ Dance Studio
Houston Texas

I was unable to locate any response to my concern above in my email records.

Meanwhile, a long drought in the Houston area was broken with further showers.  For the first time in 27 years, water was now falling on the floor.  Bubbles in the dance floor had developed and the wood curved in places from water damage.  Fortunately as the wood dried out, the wood returned to its normal shape, but scarring from the bubbles remained.  I was incensed!

-----Original Message-----
From: Rick Archer
Sent: Monday, August 01, 2005 10:23 AM  (note: time and date is estimated)
To: Mr. Mark Ray
Subject: RE: 4803 Bissonnet Roof Leak over ssqq dance studio

Mr. Ray,

Friday night/Saturday morning (July 30) it rained very hard in the Bellaire area. When Linda Cook was the first to arrive at the studio on Saturday at 3 pm, she found a puddle of water on my dance floor. The floor was bubbled and badly warped.

I would appreciate it if you would fix the leak as soon as possible. You promised me a WEEK AGO to fix that leak, there was nothing but sunshine all week long, and now I have a damaged floor. Your neglect of this problem is unprofessional and has resulted in serious damage.

A review of my previous correspondence plus the pledge from you to do something about it is listed below.

Linda Cook can be reached during the day at 713 294 5277 to show the roofers where the leak is.

Rick Archer

 

In the following letter below, I read a statement which caused my blood to boil.  In an email to the landlord, Mark Ray actually had the nerve to speculate that I was exaggerating the damage and the threat to the studio.  Unbelievable.

-----Original Message-----
From: Mr. Mark Ray
Sent: Monday, August 01, 2005 12:23 PM
To: Rick Archer
Subject: Re: please fix the roof leak immediately

Haya,

I have spoken to the roofer again and he said he would call Linda by noon today, I have a call scheduled with the roofer to update me after he talks to Linda at 2 pm.

I find it hard to believe that the floor is warped because of water on the floor for 1 day.

I can work it our with Rick.    Mark Ray

I could be wrong, but I have the distinct feeling Mark Ray sent this email to me by mistake.

After all, the first thing he did was address Haya Varon, not me. 

The lack of concern for my credibility and the safety of the floor is quite evident.

-----Original Message-----
From: Rick Archer
Sent: Monday, August 01, 2005 12:42 PM
To: Mr. Mark Ray
Subject: RE: please fix the roof leak immediately

I have no problem whatsoever showing you the floor damage.

I also have insulation visibly hanging from the ceiling where the ceiling tile has collapsed from water damage. There are leaks in three places.

Why would I fib about something this serious?

-----Original Message-----
From: Mr. Mark Ray
Sent: Monday, August 01, 2005 1:21 PM
To: Rick Archer
Subject: RE: please fix the roof leak immediately

that's not what I meant, aren't floors sealed with something to stop them from warping? I will try to get by to look at the damage and the roofer should have spoken to Linda by 12 noon today I will follow up with him to ensure that we get this leak fix asap.


Thanks,  Mark Ray


I discovered it was very difficult to photograph the floor damage.   In the picture above, the white streaks are raised bubbles, but even I have to admit the picture is not very dramatic.   The problem is 'perspective'.  I can't get the camera level with the ground to demonstrate that these small bubbles are actually raised.  Plus the flash from the camera takes away the shadows that might indicate the depth.

Nor is it easy to photograph a water puddle for 2 reasons.  One day a surprise storm dropped an enormous amount of water on the floor.  We had been putting buckets out each night, but on this particular occasion, the Hall Monitor had forgotten.  When I showed up at the studio, I wondered where all the water was.  It turns out the rainwater found cracks between the floor boards and came to rest on the concrete floor below.  But its presence was clear: soon the entire floor swelled up in a gentle arc. If you bounced on the floor, the water below would seep back up.  The naked eye could see the swelling, but not the camera. 

The other reason is what moron allows a ton of water to land on the floor so he can take a picture of the damage? 

The picture at right was taken on a Saturday morning when another sudden storm caused me to rush to the studio to protect the floor.   As you can see, when I got there, a small puddle had already begun to form.  

The late July rains disappeared.  Houston went almost three months without any significant rain. 

During those months, I assumed the roofer had solved the problem.  So I forgot about it.  Silly me.

xxBACK TO TIMELINE

8. OCTOBER 2005: DISPUTE OVER 2004 CAM

In early October 2005, I received an invoice from Ms. Varon in the amount of $3,030. 

I was stunned.  In twelve years under the previous landlord, I couldn't remember any CAM surcharge even remotely approaching this amount.  

2004 was not a good year for the studio financially.  Especially after all the problems with the roof and the neglect of the parking lot, this $3,000 bill was a bitter pill to swallow.

What a headache!  Why so much money?  Surely there had to be some mistake.

I took this statement to my accountant.  It turns out there was a mistake.  In fact, there were two mistakes.

First, Ms. Varon didn't add the expenses correctly.

Second, Ms. Varon didn't look at the lease which specified the amount of space for which I would be responsible.

My accountant reduced my bill from $3,000 to $500.

I don't recall any offer to reimburse me for my wasted time or to reimburse the accountant for his time either.

October 7, 2005
Ms. Haya Varon
Lenox Hill Holdings, Ltd


Re: SSQQ/Bissonnet Shopping Center Common Area Charges for 2004

Dear Ms. Varon,

At Rick Archer’s request, I have reviewed your statement of CAM charges, at it relates to the space occupied by SSQQ. The purpose of my letter is to call to your attention two errors in its computation.

First, the “Total Expenses for Center”, as itemized in your statement, do not foot. Your total should be$53,965.06, and not $57,639.32.

Second, SSQQ’s lease provides that for purposes of Common Area Costs, the leased premises is deemed to be 7,800 square feet, not 8,478. Please refer to lease Exhibit C, paragraph 10, on page 17.

I have substituted these corrected figures into your statement, which results in a revised deficit of $497.04 and have enclosed SSQQ’s check in that amount.

We understand that mistakes do happen and we take no offense at the errors, but we would appreciate your udating the records so that next year’s CAM reconciliation reflects the proper square footage of SSQQ’s space.

 Sincerely,  CM

BACK TO TIMELINE

9. NOVEMBER 1, 2005: RETURN OF THE RAINS

At the end of October, Houston's drought broke. Heavy storms came to the area.

I drove to the studio under a heavy downpour.  I walked into the studio.  There in Room One I saw Linda Cook furiously mopping the floor. 

The leak was back.  In fact, this time there was a new leak as well.  Not only had the original leak gotten worse, this new leak was equally as bad.  A good deal of water had already fallen on the floor by the time I got to the studio. If Linda hadn't been there, the problem could have been much worse.

There were no buckets to catch the water. We were under the assumption the problem had been fixed in August.

I was incredulous.  I thought the roofer had fixed the problem.  Didn't I have email assurances from August that the roofer was on the problem?  Obviously I was mistaken.

Now I was starting to get worried.  These people were NOT doing their job. 

 -----Original Message-----
From: Rick Archer
Sent: Tuesday, November 01, 2005 9:25 AM
To: Mark Ray office buildings; Haya Varon
Cc: Linda Cook
Subject: serious roof leak Monday oct 31 2005

Mark

Last night's rain exposed two leaks. Both are in Room 1.

The first leak is in the original spot you claim to have repaired in early August 2005. Why it was not done properly is a mystery to me.

The second leak was very serious. We had to use a mop to get the water up. A trash can was placed underneath for the remainder of the evening. It was
half full when the night ended. This is the worst leak I have ever encountered in my 25 years at this location.

Let me say again that we have $100,000 worth of wood flooring. If this incident had occurred say at midnight and the water was allowed to sit overnight, it would have caused extensive damage. We have been lucky two times in a row.

I do not enjoy using threats, but there is a potential case for "negligence" developing here.

Please have your roofer take care of this problem immediately.

Linda Cook's phone number is 713 294 5277.

Rick Archer


-----Original Message-----
From: Mr. Mark Ray
Sent: Tuesday, November 01, 2005 4:15 PM
To: Rick Archer
Subject: Re: serious roof leak Monday oct 31 2005

Rick,

I sent the roofer out to your suite this morning. I will follow up with him to ensure that the leak has been fixed a as good as possible as the roof has 4 different old roofs and we are getting estimates to remove all old roofs and replace the whole roof.

I will follow up with the roofer

Mark Ray


Now a horrible thought crossed my mind for the first time.  I realized that I seriously doubted any work had ever been done at all. 

The original leak was much worse than it had been in July.  And now there were two leaks. The new leak was even worse than the first leak!   Any legitimate patch job in the correct place would have probably stopped this problem in its tracks.

When Mr. Ray started talking about the "4 different old roofs", a horrible thought crossed my mind.  What if a roofer had been sent up there, but had decided to tell the landlord that the old roofs were so bad it wasn't worth the money to patch them?   

What if NOTHING had been done at all?

Ms. Kwan had made those "4 different old roofs" work for twelve years by aggressively patching every leak the moment it showed up.  I was sick in my stomach with worry and rage.

BACK TO TIMELINE

10. THE VARONS TAKE AWAY ONE-THIRD OF THE PARKING LOT

About this time, I was having all kinds of problems. 

I was deeply worried why the roof leak had not been properly fixed.  In addition, my life was on semi-hold due to a cancer threat.  My wife Marla went in for exploratory surgery for possible cancer.  Fortunately the surgery discovered that the problem was not serious.  At least here was some good news for a change. 

Including the fears Marla experienced awaiting her surgery, she lived a daily nightmare with Hurricane Rita-related problems from the recent cruise trip (Rita Rhapsody).  Between worrying about her and worrying about this roof, my stress level was off the charts.

As they say, when it rains, it pours.

Adding to my problems was an ominous development:

As you can see in the picture below, a third of our parking lot had been fenced off to permit construction on the new hospital. 

 -----Original Message-----
From: Rick Archer
Sent: Wednesday, November 9, 2005 10:15 AM  (time and date estimated)
To: Mark Ray office buildings; Haya Varon
Subject: Leak


I am checking to see if the repairs on the roof have been completed. I am concerned that no one contacted Linda Cook to see where the second leak was. How can you fix a leak if you don't know where it is?

On a second issue, I am receiving bitter complaints about the loss of many parking spaces. I don't know why it is so difficult to give us any warning about moves that affect our business.

Just how long do you expect these parking spaces to be unavailable? If it is two weeks, I can be patient. If it is two months, that is a different scenario.

Please clarify the situation.

Rick Archer

-----Original Message-----
From: Mr. Mark Ray
Sent: Thursday, November 10, 2005 10:25 AM
To: Rick Archer
Subject: Leak

Mr. Archer,

I spoke to the roofer and he is contacting Ms Cook today and will repair leak today.

Mark Ray

It appeared to me that Mr. Ray had sidestepped my question about the parking lot.  So I asked again.

 -----Original Message-----
From: Rick Archer
Sent: Thursday, November 10, 2005 2:15 PM  (time and date estimated)
To: Mark Ray office buildings; Haya Varon
Subject: Leak


Re the leak, excellent and thank you.

Now I would appreciate an answer on the parking lot situation if you would please.

Rick Archer
 

-----Original Message-----
From: Mr. Mark Ray
Sent: Thursday, November 10, 2005 2:57 PM
To: dance@ssqq.com
Subject: RE: Leak

I know that Mrs. Varon has been very persistent in telling the contractor to do everything he can to limit the impact of the construction on our tenants, I will call the contractor to get the latest update on when they will be out of our parking area.

Mark Ray

So what exactly are the SSQQ rights to the parking lot?   Well, you decide.  I will let you read the lease clause that deals with Common Area.  If you can understand it, I tip my hat to you. It could be Greek for all I know.


I am not a lawyer.  I do not know if they had the right to unilaterally close this area.  What I do know is they did it anyway.

All I know is that my landlord removed one-third of the parking lot SSQQ had used for the past 27 years for her own purpose.  This area was now being used for the construction of her hospital.

SSQQ students would have to learn to walk.

This was now the second time that Lenox Hill Holdings had taken an action that benefited them, but hurt SSQQ.   In fact, they didn't even bother to warn us in advance.  Nor would there would be any offer of compensation for the loss of our space.
 

BACK TO TIMELINE

11. THE AWNING DISPUTE

Just days after the fence was erected without warning, I received the following email:

-----Original Message-----
From: Mr. Mark Ray
Sent: Wednesday, November 16, 2005 2:50 PM
To: dance@ssqq.com
Subject: Bissonnet

Mr. Archer,

I have toured the property recently with the owner and there are several items that need to be corrected:

Please remove the wood that covers the window as this looks bad and we have had a complaint from one of our tenants, additionally remove the decorations (Halloween) from around your door.

We have gotten 3 bids to replace the awnings that cover Charlies and SsQq. A small portion of the awning will cover your space and your door, Charlie's is going to pay for their portion and the ownership has asked that you pay for your portion of this awning. I believe that your cost will be low as we have gotten numerous bids to try to get this work done as inexpensively as possible.

Please take care of this items as soon as you can and I will forward you proposal for your portion of this awning.

Please call or email any questions you may have.

Mr. Mark Ray

Asking me to pay for the missing awning was the straw that broke the camel's back.   

As a historical note, this awning was installed by the previous landlord sometime in the 1990s.  I did not ask for it nor was I asked to pay for it.  Mr. and Mrs. Kwan simply put it in as part of their remodeling.  There were no CAM surcharges to speak of. 

This awning had been badly damaged by Hurricane Rita which had hit Houston just a month earlier. 

I wondered to myself, "Gee, why wasn't this damage covered by property insurance?  And didn't my CAM include 'insurance' payments?"   So I took a look. Why, Yes, it did! 

My CAM share was one-third of that amount.  I figured I had already paid $2,500.  Why should I pay more?   

I think it is time for an explanation.  I am not a lawyer.  I am a dance instructor.  Although it is correct that I have a college degree, I readily admit I can't read "lawyer-speak" to save my life. It is a foreign language in my opinion. 

The awning problem was another perfect example of our "failure to communicate" relationship.

Over the two year period, there were many emails that were simply left unanswered.  Nor was there any attempt to explain "WHY" they had the right to do anything.  Instead they simply "DID IT".   In this case, they decided it was my responsibility to pay for an awning whether I wanted to or not.

Maybe it is true my lease gave them the right to stick this charge to me.  How would I know?  The lease is 17 pages long and full of lawyer-speak.  If they had taken the time to explain "why" they had the legitimate right to exercise authority in this situation, I would have appreciated it.  It was not the MONEY I objected to.  It was the STYLE

I also wondered why they were more concerned about the awning than fixing my leaking roof!  I grew angrier by the day. 

BACK TO TIMELINE

12. I REQUEST A MEETING WITH THE LANDLORD

-----Original Message-----
From: Rick Archer
Sent: Thursday, November 17, 2005 1:00 PM
To: Mr. Mark Ray
Subject: I would like to meet with Ms. Varon
 

Mr. Ray and Ms. Varon,

In response to your email listed below, I have no problem removing the offensive wood and Halloween decoration. I would have done it two weeks ago, but my wife had surgery on that day. I have been swamped caring for her and running the studio at the same time. However she is back on her feet, so I should be able to get to it on Friday.

Re the awning request, I would never agree to pay to replace the awning without an estimate. If the cost is as low as you say it is, I am curious why I am asked to pay for it.

We are still having leak problems. Tuesday's rain brought more damage to the same area in my ceiling. Why your roofer cannot do an adequate job of repair is beyond me. This problem remains a constant threat to my business. Please ask him to try again quickly. As I have stated previously, one serious rain... the kind Houston is always vulnerable to... in the middle of the night when no one is on the premises to spot the danger could cause untold damage to my floors.
..................

It is time for me to speak up. I am deeply worried about the parking situation. Perhaps you don't realize how badly my business is threatened by the actions of ownership.

I used to have 1,200 customers a week. This month we didn't even make it to 1,000. The mostly likely reason for the decline is the parking situation.

For the past 18 years, my business has filled the parking lot to capacity every night of the week. Until the recent closing of the parking lot, there used to be enough accessible parking, but not now. I get complaints every night of the week. Some of them are bitter and unpleasant. Women speak of the danger of parking on First Street. The reaction of my customers has been immediate. Attendance is way off from this same time last year.

For example, on Tuesday, our busiest night, we once had 300 customers. We are now down to 200 a night. The complaints are loud clear - no one is willing to park all the way down on Bellaire Avenue and walk five blocks to take a dance class.

We are only in the first month of the construction problem. Most people signed up before they realized how bad the parking situation had become. Now that they know better, they will think twice about the next class. I am already concerned about the future because preregistration for December classes is the worst I have ever seen it.

My business depends on parking access. Without parking, my business is literally being choked to death.

I get absolutely no help from ownership on this issue.

For example, about a year and a half ago, I asked Ms. Varon for permission to use the parking space in the medical center area next to Charlies that our students used to have before she and her husband bought the building.

I was never given a response, so I took that as a "no".

Now I am deeply concerned about the loss of 40% of the available parking space. I receive constant complaints about the fact that my customers are forced to park on First Street all the way to Bellaire. This is crippling my business. I have asked on two previous occasions how long this area will be unavailable, but my two previous requests for information have been ignored.

Since there is a total absence of communication from Ms. Varon other than her displeasure at the offensive wood, I am now concerned there may be plans to reduce the overall size of the parking lot as well.

I would appreciate some direct answers please about the parking situation.


I have other concerns as well.

I recall how Ms. Varon refused to compensate my employee Linda Cook for her help in getting the Pool Supply business certified to open. I asked for $300, a fairly reasonable sum considering she made countless trips to the studio to accommodate repairs that had nothing to do with our business.

I also recall how my own business was disrupted for two weeks at the same time despite my protest. There was no apology nor an offer of compensation for the heat caused by the unpatched holes in my ceiling over a two week period and the dust spread everywhere. Let me add I had to schedule a special service call on my air-conditioning unit which stopped working due to the filters clogged with dirt.

I note with great concern the terrible condition of the parking lot and the unwillingness to temporarily patch the extreme holes. I have had several complaints about damaged tires and scraped bumpers. It is my understanding that other businesses have the same concern.

I am worried that work done on the medical center next to Charlies BBQ has blocked an ancient drainage route. During a particularly heavy rain last summer, water in the back alley backed up so high (three feet) that water ran in through the porous concrete block wall and totally covered the floors in two restrooms and our drink area. Had I not been there to mop the water for two hours, the damage to my wood floors could have been significant. I believe it is time to prevent another event such as this. The solution would involve at the most one day of removing the extra earth created by the medical center construction that is now damming up the original drainage route.

I am curious why I did not receive even an apology when I was overcharged two and a half thousand dollars on my 2004 CAM. Would perhaps management be willing to reimburse me for being forced to hire someone to review the bill?

The situation with five different businesses having tow signs displayed in front of their business is unpleasant. For starters, these signs are possibly illegal. Even if they are "legal", they are bad for everyone's business. In most shopping centers, it is common practice to allow customers to park wherever they wish. These tow signs are bad for all the businesses because they send an evil message.

You might be surprised to know that I accept the need for the other businesses to protect the walk-in spaces in front of their stores. However I feel the threat of towing is unprofessional. A sign with wording along the lines of "Parking for Radio Shack (etc) Customers only. Please respect our need to keep these spaces open for our customers" would be preferable.

Furthermore if someone from my business were to violate this understanding, the business could send a messenger down to our business to alert the customer. I will actively support the other businesses in this way. That said, I deeply resent the threat intended in the current messages.

If the day comes when one my customers actually has their car towed, I promise to mobilize every one of my 1200 customers a week to protest.

Finally, I cannot understand why the roof cannot be repaired correctly.
.....................

As I see it, there are two directions we can go. I can show beyond the shadow of a doubt that my business began to suffer the moment the Varons took control. I will not tolerate the neglect and the damage to my business by ownership any longer.

We are at a crossroads.

I wish to see a spirit of cooperation.

Does ownership wish that I move?

I am willing to relocate my business. The loss of the parking spaces makes the current situation intolerable. I have little doubt a business as successful as mine will have any trouble finding suitable new locations considering Houston's depressed real estate market. If no reassurances are given me on the use of the parking lot, I don't see any point in sticking around. I have enough grievances to justify hiring an attorney to break the lease.

Or does ownership prefer I stay?

I am willing to extend my lease if we could improve our relationship.

I wish to schedule a meeting with Ms. Varon within the next two weeks. If this simple request is not met, I will assume it is a message to leave.

Rick Archer
 

-----Original Message-----
From: Mr. Mark Ray
Sent: Saturday, November 19, 2005 11:22 PM
To: Rick Archer
Subject: Re: I would like to meet with Ms. Varon

Mr. Archer,

I have forwarded your letter to the owner and we should be in contact with you in the next several days

Mark Ray


-----Original Message-----
From: Mr. Mark Ray
Sent: Monday, November 21, 2005 2:15 PM
To: dance@ssqq.com
Subject: [Fwd: Meeting with Mr. Archer]

"Mark: Please try to schedule an appointment with Mr Archer. Due to the holiday this week, it would be best for me to meet next Tuesday, 11/29, after 4:30. Thanks.  Haya Varon"

Mr. Archer,  What time would work for you best?

Mark Ray

-----Original Message-----
From: Rick Archer
Sent: Monday, November 21, 2005 12:12 PM  (time and date estimated)
To: Mr. Mark Ray
Subject: RE: [Fwd: Meeting with Mr. Archer]

Tuesday at 430 next week is fine. Where will we meet?


-----Original Message-----
From: Mr. Mark Ray
Sent: Monday, November 21, 2005 2:51 PM
To: dance@ssqq.com
Subject: RE: [Fwd: Meeting with Mr. Archer]

Is it okay to meet at your space?

Mark Ray


-----Original Message-----
From: Rick Archer
Sent: Monday, November 21, 2005 3:42 PM  (time and date estimated)
To: Mr. Mark Ray
Subject: RE: [Fwd: Meeting with Mr. Archer]

That's fine with me.

PRELUDE TO THE SHOWDOWN: MORE RAINS!

When it rains, it pours.  I keep saying that, don't I? 

Three days before our meeting, another storm came up.  My accountant and his wife were planning to be at the meeting with me.  Here is an email I sent to him:

----Original Message-----
From: Rick Archer
Sent: Saturday, November 26, 2005 12:33 PM
To: CM
Subject: saturday rain leaks at ssqq bissonnet

Linda just called to say the roof is leaking in six places. She says she can barely find enough buckets to catch the water. Marla is making a special trip to film the problems.

As you know, I prefaced my letter last week with this urgent message:

Thu 11/17/2005 1:00 PM

"We are still having leak problems. Tuesday's rain brought more damage to the same area in my ceiling. Why your roofer cannot do an adequate job of repair is beyond me. This problem remains a constant threat to my business. Please ask him to try again quickly. As I have stated previously, one serious rain... the kind Houston is always vulnerable to... in the middle of the night when no one is on the premises to spot the danger could cause untold damage to my floors."

Obviously nothing was done.  At what point do we fight back??

BACK TO TIMELINE

13:  NOVEMBER 29: THE MEETING

The meeting I requested took place at SSQQ on Tuesday, November 29.  Six people were in attendance: Dr. & Mrs. Varon, Mr. Mark Ray, myself, my accountant and his wife.

Mr. Ray was at the meeting because he was the building manager.  He had been hired by Ms. Varon to directly interface with me over the previous months.   This meeting was the second time I met the Varons personally.

The meeting was a real eye-opener.  As they say, beauty is in the eye of the beholder.  Up to now, I had always operated under the assumption that my business was a valuable asset. We paid our rent on time, we provided customers for the other businesses, and we rarely complained about anything (at least to the Kwans, that is). For 12 years I had an excellent relationship with my previous landlord.

But now the tension, the frowns, and the crossed arms indicated to me the cordial relationship I had once had with the Kwans would not be repeated with the Varons.  This was the moment I first realized they would probably prefer that I simply pick up my dance business and go elsewhere.

Viewing the situation from this perspective, I realized there was the distinct possibility my landlord could care less about dealing with my problems.

So what if there are potholes?  So what if the roof leaks?  So what if the SSQQ parking space is reduced? 

Then I tried looking at it from the owner's perspective.   What if SSQQ leaves?  Maybe it would be good riddance.  Maybe the studio could be divided up and rented out as office space for wealthy doctors at a far greater rent. Maybe 5 or 6 small offices could be rented out for a lot more money than one big dance studio with too many cars.

Obviously the most important item on the agenda was the leaking roof.  Dr. Varon said that the roof appeared to have four different layers.  Each time another layer was added, it was laid over the original roof.

He added that this approach would not work any longer because the additional weight might be too much for the structure of the building.  Mrs. Varon said that they were in the process of taking bids to replace the entire roof.

I said this would be good, but a temporary patch was needed in the interim.  However Dr. Varon disagreed. 

He carefully explained his theory that it did no good whatsoever to patch the roof.  He said the water could be leaking at point one, then roll around the different roof layers till it manifested itself ten feet away at point two. 

Why bother with temporary solutions?  It would be a waste of time and money.

I told Dr. Varon that I did not share his philosophy.  Due to my experience with the Kwans, I knew for a fact that "patches" will work on a temporary basis.  After all, I had seen patches work for years!!

I added the situation was far too desperate to wait.   At one point the ceiling tiles had absorbed any moisture.  But now we were way past that!

The recent rains had been so savage that ceiling tiles had literally begun to fall to the floor after absorbing too much rain.  Insulation was hanging out.  

Then I pointed to the valuable wood floors at the studio and reminded the Varons that when water and wood have an argument, water always wins.

If this rain water was allowed to touch the floors, the wood could be badly damaged.  In a worst case scenario my business would be completely disrupted for months until I could get a new floor installed.  We could not wait!

I told them I would prefer they humor me and try patching the problem anyway.   Dr. and Mrs. Varon went to inspect this problem. 

They promised at the meeting to get a temporary patch put up there within days.

The next thing we discussed was the condition of the parking lot.  I said the condition of the parking lot was the worst I had ever seen in twenty-five years. 

Dr. Varon said the plan was to finish the hospital construction, then completely pave the entire parking lot. 

I said that would be very much appreciated, but the holes were so big that cars were in danger of being damaged.   I said that some of the holes were so big they could easily rupture a tire. 

Unfortunately I got the distinct feeling I was wasting my time discussing the potholes.  In fact, I decided it wasn't even worth bringing up my concerns about the constant overflow of trash from the dumpster or the tacky row of different "towing signs" in front of the various businesses.

Instead I decided to concentrate on another serious topic. 

It was time to discuss the recent loss of nearly one-third of our parking space.  The Varons had roped off the eastern side of our parking lot to use for the hospital construction.  This move clearly benefited the Varons, but it certainly didn't benefit SSQQ students one bit.  

I pointed out that not only were many students forced to park further away, they were also forced to walk great distances to get around the hospital if they parked on First Street. 

First Dr. Varon asserted that the loss of parking space was negligible.  I said I disagreed.  This went back and forth.

In the middle of this disagreement, Mr. Mark Ray suddenly blurted out a bizarre question. "Don't you agree SSQQ is using more parking space than it was entitled to considering the amount of rent you pay?" 

I was shocked at his statement.  Nor would I say I was the only one!  It seemed to me that both Dr. and Mrs. Varon were taken aback at his candor.  Did I see a frown on their faces as they stared at him?

It had been a very odd statement.  I mulled it over.

First of all, there was nothing in my lease that restricts my customers' use of the parking lot in any way. 

Why would someone chew me out for using too much parking space when most of the time the other businesses aren't even open at the same time?   The Kwans used to say the parking lot wasn't large enough relative to the space of the shopping center.  They said it was a gift that my business was open at night because now the parking lot was more than enough for their daytime tenants.  (As I said, 'Beauty is in the eye of the beholder')

Mr. Kwan also appreciated the fact that SSQQ brought customers to the other businesses.   In the hour before SSQQ opened, students would eat at Charlie's Barbeque, get their nails done at the Nail Shop and buy things at the Radio Shack.  Lately we had even begun to use the babysitting service further down the walkway as well.

Up till now, I had always held the thought that SSQQ was good for this shopping center.

Mr. Ray's statement indicated he thought otherwise. 

Loose lips sink ships.  The strength of his voice suggested that he wasn't too happy with having my business hanging around.  Furthermore, it seemed to indicate the attitude that the SSQQ rent wasn't nearly high enough in their opinion.

Whether Mr. Ray's opinion was shared by his employers I do not know, but this statement gave me the distinct feeling my studio was not welcome.  My two friends at the meeting who witnessed the outburst said they shared the same conclusion. 

Undaunted by Mr. Ray's outburst, I asked Mrs. Varon if SSQQ could be allowed to use the First Street Surgical parking space.  This would be a nice gesture. They could share their space to compensate SSQQ for the loss of its space.   Nor would this be any major sacrifice.

After all, the First Street Surgical Center rarely had more than one car in its lot after 6:30 pm every night of the week and never on weekends.  For example, the picture at right was shot during SSQQ business hours.  Mrs. Varon said absolutely not. Their insurance would not permit it.

It was at this point that Dr. Varon had the last word on the parking subject.   Dr. Varon said he hoped to see the construction wrapped up by the end of December and the parking spaces returned to common area use at that time. 

In retrospect, I cannot imagine what he was thinking.  As I write this story, 10 months after he made that statement, the parking area is still roped off.   Nostradamus he isn't.