by J. Brooks Terry
Staff Writer
Citing an inability to meet lease obligations, Jacksonville Tower Associates, LLC, owners of the Bank of America building annex on Bay Street, began eviction proceedings this week against Magellan Academies & Child Development Centers, Inc.
Akerman Senterfitt partner Grier Wells is the lead attorney, representing Jacksonville Tower Associates. Grier said lease disputes between Parameter Realty Partners, the building’s management company, and Magellan, though ongoing for over a year, have intensified in the last three months. After a deadline to “work things through” expired last week, a summary eviction procedure was filed and Magellan, who has been in the building for approximately three years, was sent a notice.
“As I understand, there have been discussions at various times regarding lease payments,” said Wells. “The owners would have been amendable to some sort of a payment schedule. However, in the end, they were not able to fulfill those obligations.”
Wells speculated problems with “[Magellan’s] enrollment expectations not being met,” and a subsequent shortfall in funding could explain the payment gaps.
Wells declined comment on what Magellan’s monthly payments were.
“No one is questioning their intent to be current,” said Wells, “but Jacksonville Towers is not in a position to allow Magellan to remain in occupancy any longer.”
Wells said Magellan could be out of the building within six weeks, providing a specific dollar amount owed can be agreed upon by all parties.
“This likely won’t go to trial,” he said, “but once [Jacksonville Tower Associates] takes possession of the property, we will have to assess what they owe from their date of eviction and then agree upon a way for them to make payments in a timely manner.”
Wells added it was “unlikely” any kind of compromise could be reached, at this time or whether or not Magellan would contest the claims.
“Again, the owners would have been amendable to something like that had they had some assurance this could be worked through,” he said. “Based on what they know has happened in the past, they feel they don’t have that.”
Wells acknowledged the sensitive nature of the case, but said it was important to the building’s owners to alert the public.
“We wouldn’t usually alert the media to something like this, but there was a real concern that during the process of getting [Magellan] out, the families with children enrolled there would need to be informed,” he said. “We want them to be aware of what’s going on and to, hopefully, give them enough time to find other options.”
Calls to Magellan Academies & Child Development Centers, Inc. were not returned.