The recent closure of the Outback restaurant has drawn attention to the number of empty retail and commercial spaces across Sierra Vista. Now comes news that yet another major retailer in the city is in dire financial straits, at least according to a lawsuit filed by the retailer’s landlord.
Staples The Office Superstore is being sued by Centre 3 LLC for breach of contract stemming from unpaid lease obligations of more than $83,000 as of November 2020. It is located at Cochise Crossroads on the northeast corner of the State Route 90, State Route 92, and East Fry Boulevard intersection.
Centre 3 LLC is a limited liability company based in Colorado which owns and operates the property, which includes tenants such as Fry’s, PetSmart, and Target. The Staples store has been open since 1998 with more than 24,000 square feet of retail space.
The complaint alleges Staples is in default on its lease obligations, including monthly base rent, common area maintenance charges, and other expenses. The landlord is seeking a judgment against the Delaware-based corporate owner of the local store for all overdue lease payments, interest, late charges, and attorney’s fees.
A first notice of lease default was sent to the defendants in May 2020, according to the lawsuit which also alleges unjust enrichment for using the property without payment. A second notice of default was purportedly issued in August 2020.
“Tenants has not made all of the Lease Obligation payments to Landlord required under the Lease,” the lawsuit states. “Defendants have failed to pay the unpaid balance and remain in default under the lease.”
The civil action has been assigned to Judge Pro Tem Terry Bannon of the Cochise County Superior Court. No court dates have been set in the case.