The landlord of Circle Centre is again suing Bella Vita restaurant over unpaid rent, this time claiming the mall tenant owes
$77,275.24.
In a lawsuit filed Jan. 24 in Marion Superior Court, Circle Centre Mall LLC alleges the restaurant has been in default of
its lease since Nov. 10. Restaurant operator Najem Enterprises Inc. also is named as a defendant.
Circle Centre first sued Bella Vita in June 2010 over $96,523.23 in unpaid rent, according to
the previous suit.
Bella Vita owner Henri Najem has operated a Bella Vita restaurant in the Indianapolis area since 1998 along with his wife,
Shelley, including the past seven years at Geist Marina. The owners in January 2010 opened a second Bella Vita in high-traffic
space on the first floor of Circle Centre that had been empty since longtime tenant Bertolini’s closed in March 2008.
Najem could not be reached Monday morning for comment. Neither could Richard M. Giesel, an attorney at local law firm Gaston
Cavanaugh & Giesel, which represents Circle Centre.
According to court documents, Bella Vita in November 2009 executed a lease agreement for 6,490 square feet of space in Circle
Centre, agreeing to pay $200,000 in the first year in equal installments due the first day of each month. In the second year
of Bella Vita’s lease, rent was slated to increase to $206,000, with another increase to $212,180 scheduled for the
third year.
Circle Centre implies in its lawsuit that Bella Vita’s latest financial struggles began in June 2011, when the landlord
agreed to lend the restaurant $150,000 at 3.25-percent interest to be paid in 19 consecutive installments.
Then, in September, Circle Centre agreed to amend Bella Vita’s lease by agreeing to accept $179,000 as a settlement
for overdue rent totaling $191,863, according to court documents.
But Circle Centre declared the promissory note and lease amendment in default on Nov. 10 and demanded Bella Vita pay the
balance within two weeks, the lawsuit said.
Circle Centre wants immediate possession of the space and says the $77,275.24 that Bella Vita owes is set to increase monthly
by $20,547.23.
The restaurant remains open.

















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Did you really think Tim was smart enough to make it in the market? NA. Why don't you turn evidence against him now, Henry--you know, on the Cellstar and Brighpoint. You can do it. Make your kids proud for a change.