BANGOR, Maine — Attorneys for Diamonds gentlemen’s club and the owners of the building it occupies squared off at the Penobscot Judicial Center on Tuesday morning over who owes what, who should pay and whether the club can be evicted.
At issue is $106,000 in repairs and modifications made by Diamonds — a club featuring a bar, a DJ and scantily clad female dancers — during initial construction in order to bring the 190 Harlow St. space up to code.
“We think a large portion of the $106,000 spent to bring the entire space up to code is the landlord’s responsibility, but not the other $250,000 spent on construction and renovation,” said attorney Charles Gilbert of Bangor during his summation on behalf of Diamonds.
Landlords Tom Brann and sons Matthew and Patrick Brann contend that Diamonds violated conditions of its lease when it withheld rent payments, putting them in escrow instead as the two sides argued over the lease terms. They also maintain that lease terms specifically assign responsibility for all alterations, modifications and enhancements at the Harlow Street space to the tenant.
“My client followed the terms of the lease to a T,” said Bangor attorney Seth Harrow, who is representing the Branns. “Eviction is proper here, and since this is a commercial lease, the same latitude for residential tenants does not apply.”
The two sides argued their cases during an eviction hearing brought by the Branns before Judge Jessie Gunther, who said after the 3½-hour hearing that because of the urgency of the case, she expected to be able to return with a decision on Friday.
Gilbert, on behalf of Arayos LLC, Diamonds’ ownership group, filed suit against the Branns last month. The Branns responded by serving Diamonds ownership group manager Jim Tower with an eviction notice.
Tower maintains he informed the Branns that the repairs and replacements were necessary for him to receive a certificate of occupancy, according to city officials.
“I told them very promptly, within minutes, because it had been the Branns’ contention right along that everything was up to code and the city was wrong,” Tower said.
Pat Brann testified that Arayos owed them $39,766.02, including late fees, in rent.
As for the terms of the lease, Gilbert argued that paragraph 24 of the lease, which he called the “self help” clause, backs Arayos’ argument that the Branns bear responsibility for the extra construction required to bring the space within code.
“It reads ‘if tenant needs to give notice of cure, tenant can notify landlord and if nothing is done within 24 hours, the tenant has the right to self help,’” Gilbert read. “During the month of January, that’s exactly what occurred.”
Gilbert also said Harrow neglected to mention the last part of the clause attributing tenant responsibility.
“Tenants shall be responsible for all alterations, modifications and enhancements that the tenant initiates or requests,” Gilbert read. “My client did not initiate or request these changes regarding plumbing, electrical wiring and fire alarms. This was required by the city.”
Harrow responded by saying that Arayos’ notice requesting changes was not sent certified mail, as is required legally, and arrived after the Jan. 13 deadline for rent payment.
“They’ve had numerous breaches of their lease … and racking up $106,000 in alterations without notice just isn’t right,” Harrow said.
What is the deal with this place? This whole deal has been strange since the beginning – the business model had no place in Bangor. It seems like this place is a front.
I agree!
A front for what? Give me a break. I would bet there is more corruption going on in our own city and state government than there ever was here. They did a ton of renovations just to get the place up to CODE, which it should have been already or the landlord should have been fined for NOT being up to code, which of course he was NOT. Dianne Cormier had the same problem with this guy. He is nothing more than a slumlord that figured he could take the renter for everything they were worth and move on to the next sucker. This slumlord should be made an example of, not praised. If only the Bangor Code Enforcement office would actually DO HIS JOB, there would be far fewer dangerous houses and businesses to have to deal wtih in this city.
Bangor Strip Joints are regular customers at the court house. Has this landlord ever gotten paid? You’d think he might learn a lesson.
I hear the place between the 2 Millinockets opened back up last month. La casa something or other.
LOL !
I still remember the first time I drove by the place was in the daytime. I turned around and went back to check the menu because I like Mexican food. It’s definitely not a taco bell.
What, no Fish tacos?
I used to get those at Paul’s Tacos in Oceanside. If you wanted to see dancing girls you went to Dirty Dan’s. Dan’s started in San Diego and then added an Oceanside location that was walking distance from the main gate at Camp Pendleton.
I do believe that way back, it actually was a Mexican Restaurant.
In Dolby, wasn’t it?
I guess that is Dolby. It’s on the right as you are heading from E. Milli to Milli. There’s a long motel there and the casa building is at the end of the parking lot. All the buildings have tan/brown vinyl siding and it looks like the motel is not reopened yet.
I suspect there will be very few “gentlemen” at this club, but it will be great for – how shall we say – rehabilitating cash.
Go Mr. Gilbert!!!
Oh for heaven’s sake, boys & girls. They’re just breasts. Fat tissue. Get over it. Go look & drool and spend money on overpriced drinks, and be sure you don’t touch nothing or nobody. While we love America, this Puritanism is just over the top and a waste of our resources. Hasn’t anyone traveled abroad?
That isn’t the issue….. Did you read the article?
And not one of the men that goes in there are “gentlemen”!!
You know that how? You church folks need to take a HUGE step back and check yourselves…Dont cast stones when your own house is far from in order. This is a perfectly legal business and everyone does not have to share your morality.
Sorry but I am NOT a church folk!!! I lived near a strip joint and saw and heard the “gentlemen” that went there. And you need to step back because you don’t know what my “house” is like nor do you know what my morality is. I didn’t say that there was anything wrong with the legality of the business. I said that the men that go there are not gentlemen!! Gentlemen sit, talk, maybe drink but don’t touch and/or fight or stand outside the building yelling foul language because they got kicked out for NOT being a gentleman .
You sir, are generalizing many people that frequent this establishment for a few bad apples that ruin it for everyone. Have you ever been to Diamonds? Have you seen the clientele that do go there? I would guess that the answer to both of those questions is No…so please, dont generalize the entire population of Maine because of some poor past experieces that you have dealth with.
What’s that I hear…hoofbeats in the distance… A cloud of dust on the horizon…Yes, it’s the Bangor City Council riding to the rescue just like it did for Pearl St. They’ve inserted themselves in to what was a staight forward loan foreclosure on Pearl St., lambasted the volunteer Board of Trustees of the Library for their decisions regarding free speech and the use of property the Trustees control and “skewed” each other over the City’s web site. Would anyone be surprised if they insert themselves into this landlord/ tenant swamp in the name of economic deveolpment or some other nonsensical reason? Meanwhile we are running 8-10 police officers short, City employees are headed to their 3rd or 4th year without raises, General Assistance is out of control and here comes the new stormwater fees. Time to stop playing politics and govern!
City Employees get plenty of pay, and if the budget needs to constantly be cut because of the way the city spends money, maybe they should have a few less of those wonderful Black Tie dinners and awards banquets for the councilors and Special people to go get drunk at. Then you might find enough to give the workers a raise. When few people in this country can actually afford to retire, i have little sympathy for state and city workers with huge pensions.
How the media has changed. Really, who cares? Landlord dispute front (electronic) page news? This happens in Bangor everyday. Surely there must be some reporters that are willing to hunt down and chase a story…somewhere.
Then again, maybe we are a society that really loves this smut as we hide behind screen names. I dunnnnnnnooooooohhhhhh.
Goodnight.
he really needs to get a few pointers from bruce on how to get his club started with little or no trouble.maybe a few free memberships passed around would help.
It seems that ” The Branns” are always in court about their property. Could it be that they are looking for something, for nothing ? So far , it appears that they want improvements than eviction. what a deal ?
Location, location, location. That location is terrible for every type of business the landlord has leased. He even let his kids run a nightclub in the basement that they drove into the ground. Some people really will never learn and ignore the fact that location means EVERYTHING! Until they do, expect more greenbacks being flushed down the toilet. Sad really.
Bet none of the women dancing there are capable of splitting a cord of wood before breakfast like a real Maine woman.
The BPA makes them stronger..LOL
The tenant will get nothing for their ridiculously strained legal arguments, except perhaps a well-deserved eviction for giving the landlord a hard time in a contentious court battle. Were I the owner, once the case is settled, if the tenant wants to resume tenancy on good terms, I would ask they pay a higher rent rate and another five months in advance on their rent to cover any possible future legal costs for similar suits.
This suit only can say something about the tenant that is unfavorable in the eyes of the owner.
Come on really.Must be another slum lord. If i were renting from the brann’s i could understand paying for improvements but the slumlord should pay to repair code violations simple.
The Branns just wanted the improvements done…congrats. your building is now up to code and it cost you nothing. Sweet deal.