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Real Estate & Retail

Cinnabon, Orange Leaf target of local lawsuits

March 14, 2014
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A couple of national eateries are facing lawsuits in Marion Superior Court over issues related to lease agreements.

First up: Cinnaworks LLC, a franchisee of Atlanta-based Cinnabon. Circle Centre Mall LLC is suing the company in an attempt to recover $15,615 in unpaid rent, according to the suit. The complaint alleges that Cinnaworks hasn’t paid rent since at least December.

Anaheim, Calif.-based Cinnaworks signed its current 10-year lease with the mall on Sept. 28, 2005, and occupies 1,272 square feet near the Artsgarden on the second floor.

This isn’t the first time Cinnaworks and mall manager Simon Property Group Inc. have tangled in court. Circle Centre filed a similar suit in 2011, in which it also accused the company of failing to pay rent. The two sides ultimately settled their differences.

Cinnaworks pays $91,184.42 in annual rent, or roughly $7,598 per month, according to the lease. The mall receives a percentage of sales if annual revenue exceeds $1.1 million, the lease said.

If Cinnabon were to close, it would be at least the third eatery to leave the mall in less than a year. Food court tenants Currito and Frullati closed in May and September, respectively, after the mall sued both for failing to pay rent. Neither vacancy has been filled.

Turning to the other suit, Yummy Yogurt Indy LLC, a franchisee of Oklahoma City, Okla.-based Orange Leaf Frozen Yogurt, is accused by Three Mass Condos LLC of breaching its lease.

Three Mass Condos, at 333 Massachusetts Ave., alleges that it entered into a lease agreement with Orange Leaf on Nov. 27, 2012, for nearly 2,000 square feet next to the Ball & Biscuit.

But Orange Leaf never moved in by the agreed upon time of Feb. 1, the suit said. Orange Leaf has downtown locations in CityWay and The Avenue near IUPUI.

Terms of a 10-year lease called for Orange Leaf to begin paying monthly rent of $4,349.25 in January, increasing to $5,674.92 in 2022.

Three Mass was developed by Todd Maurer of Newmark Knight Frank Halakar.
 

 

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