Boston Properties has filed a lawsuit against Balducci’s Food Lover’s Market alleging that the New-Jersey based grocery has failed to pay more than $225,000 in rent since December.
The lawsuit, which was first reported by the Washington Business Journal, was filed last month against Balducci’s Virginia LLC, which signed a 19,930-square-foot lease at 1871 Foundrive Drive in April 2016.
The grocer opened in June 2018 on the ground floor of The Signature apartments. According to WBJ, the lease was changed a few months later to “provide rent relief” to the business.
““Balducci’s VA has continued to operate its grocery store business through the Covid-19 emergency period, and, on information and belief, has taken significant revenue during the emergency period as business that was allowed to continue operating as an essential service,” according to the complaint.
Here’s more from WBJ on three default notices sent to the company:
On Feb. 25, the Boston Properties affiliate sent Balducci’s a written default notice, which the grocer received the following day, according to court documents. Boston Properties claims in the lawsuit that, at that point, Balducci’s had failed to pay $95,157.07 in past due rent, following that up with another default notice two months later.
In an April 7 notice sent to Balducci’s VA, and received April 8, per the lawsuit, Boston Properties notified Balducci’s it had applied $189,244.33 of the retailer’s security deposit to the outstanding rent balance and demanded Balducci’s replenish the security deposit within three days by paying that same amount. It did not, per court documents.
On April 28, according to court documents, Boston Properties sent a “Final Notice of Continuing Default and Notice of Termination of the Relief Period,” demanding payment of $226,703.15, which was not remitted, according to the lawsuit. “Balducci’s VA did not pay any amount to Block 4 for May 2020 charges that were due under the Lease on May 1, 2020,” the suit states.
As of June 3, Boston Properties was seeking $256,436.37 in damages and an additional $226,703.15 if that amount was not paid by June 29, on top of attorney’s fees, interest and all other payments not made throughout the legal process, according to its complaint.
Balducci’s has eight locations throughout the country, including one in Alexandria, McLean and Bethesda.
Photo via Balducci’s
Several government facilities around Fairfax County are closed today (Jan. 18) for Lee-Jackson Day and on Martin Luther King, Jr. Day this coming Monday (Jan. 21).
Fairfax County’s courts are closed today and Monday.
Fairfax County’s government offices and libraries will be closed on MLK Day.
The county’s public schools will get off three hours early today and be closed on MLK Day.
Frying Pan Farm Park will remain open on MLK Day, while Colvin Run Mill Historic Site will be closed.
County trash and recycling collection will not have any changes to its schedule on MLK Day.
The Reston Association offices, including Central Facilities and the Nature House, will be closed on MLK Day.
Town of Herndon government offices will be closed on MLK Day.
The Community Center will have altered hours from 6 a.m.-10 p.m. on MLK Day.
Metro, DMV and more
All Virginia Department of Motor Vehicles (DMV) customer service centers will are closed today and Monday.
Metro will operate on a Saturday schedule, opening at 5 a.m. and close at 11:30 p.m. on MLK Day. Off-peak fares will be in effect all day, and parking will be free at all Metro-operated facilities. Meanwhile, Metrobus will run on a Saturday supplemental schedule with some late-night trips canceled on selected routes.
Speaking of closed offices, Reston Now will be on a break on MLK Day.
The trial began earlier this week for Jude Lovchik, charged with abduction and sodomy.
In 1995, four roommates in Reston were held at gunpoint and sexually assaulted. The case had gone cold until Lovchik’s ex-wife told Arlington County police that Lovchik had confessed the actions to her and had her recreate the scenes.
According to the Washington Post, the victims of the assault testified during the opening day of the trial. The women said their attacker had forced the women to perform sexual acts on each other and on him, then worked meticulously to cover his tracks.
One woman testified that she was made to drink Gatorade to remove the evidence from her mouth and that he vacuumed the bedroom where the assault occurred. After going through their address book, the women said the attacker also threatened to kill their friends and family if they reported the assault.
The case is being prosecuted by Assistant Commonwealth’s Attorney Jessica Greis-Edwardson, who said DNA swabs from Lovchik matched biological material found in the mouth of one of the victims.
But Fairfax County Public Defender Dawn Butorac said the evidence tying Lovchik to the crime was flimsy, saying there were inconsistencies in the DNA evidence and noting that Lovchick’s ex-wife, who was in the middle of the divorce when she reported Lovchick’s confession, had motive to lie.
Lovchik faces up to life in prison if convicted of the most serious charges, including abduction and sodomy. He has pleaded not guilty to all of the charges.
Photo via Marion County Jail
A man accused of a series of sexual assaults across Fairfax in the 90’s, including four women in Reston, is scheduled to go to trial this Monday (Dec. 3).
Jude Lovchik is charged with a series of felonies including multiple counts of abduction, sodomy, robbery and firearms offenses.
While Lovchik is being investigated for other assaults in Fairfax and Prince William counties, his charges stem from a 1995 assault where Lovchik is alleged to have climbed onto the balcony of an apartment building and subseqently tied up, blindfolded and sexually assaulted four roommates.
According to the Washington Post, the break in the cold case came when Lovchik’s wife went to the Arlington Police after she said Lovchik assaulted her during their divorce. She also told the police that Lovchik had told her about his string of assaults throughout Fairfax in the early 1990’s and had her recreate the sexual assault scenes for him. Police said Lovchik’s wife provided information about the case that had not been disclosed to the public.
After Lovchik’s wife spoke with the police in early 2017, his home was placed under surveilence until DNA was collected from trash that police say was connected to DNA collected from the Reston assault.
Lovchik moved to Florida in 2017, but was arrested in October and returned to Vriginia, where he is currently being housed in the Fairfax County jail.
Photo via Marion County Jail
Darwin Martinez Torres, 23, accused of raping and murdering Nabra Hassanen, 17, of Reston, will be going to trial in January.
According to the Fairfax Circuit Court Clerk’s Office, motions for the case are scheduled for Nov. 29 and the date for the full trial in January has not been established yet.
Torres’ seven-count indictment includes charges of rape and capital murder.
Prosecutors in the case plan to introduce evidence that Torres was a member of MS-13, though the police are not saying that the crime was gang-related, according to the Washington Post.
Hassanen was attacked when she was returning from the All Dulles Area Muslim Society Center in Sterling after a pre-dawn meal in June 2017. Fairfax County police say Hassanen was attacked with a baseball bat before she was abducted, sexually assaulted, and killed. Her body was found in a pond near Torres’ apartment and police believe the crime was not motivated by Hassanen’s religion, but was a road rage incident.
The Washington Post also reports that Torres’ defense team is alleging that Torres is intellectually disabled as a result of toxins in a gold mine near where he grew up in El Salvador. If Torres is found to have significant mental issues, he cannot receive the death penalty.
Photo via FCPD
Attempts to introduce new evidence in Nabra Hassanen trial — According to recent court filings, prosecutors plan to introduce evidence during a capital murder trial suggesting the man accused of killing Nabra Hassanen, a Reston teenager, was suspected of being a member of the MS-13 street gang. Darwin Martinez Torres’s brother-in-law believed the 23-year-old alleged killer was affiliated with the gang. [The Washington Post]
What’s the state of the arts — Fairfax County government is conducting a survey to understand how to better meet the visual and performing arts needs of its residents. All responses will remain anonymous and confidential. [Fairfax County Government]
The Great American Read book club tonight — Join book lovers for a discussion about “The Handmaid’s Tale” by Margaret Atwood. The discussion is open to adults only. [Reston Regional Library]
Viewpoints from Herndon residents — Local residents offer their thoughts on their experiences living in Herndon, including the best places to go, events to check out and lingering concerns. [The Connection]
Flickr pool photo by vantagehill
The owner of a Reston-based financial services firm was sentenced to 12 years in prison on Friday after pleading guilty to a wire fraud that prosecutors say cheated investors out of more than $35 million.
William Dean Chapman, 44, of Sterling, was the founder of Reston-based Alexander Capital Markets. Prosecutors say 122 investors lost a collective $36 million over several years. One investor, an elected official identified in court papers only by the initials A.G., lost $18 million.
Officials said that investors would transfer stock holdings to Chapman as collateral for loans. Chapman then sold the stocks, despite promising investors that they would get back the value of their stocks.
Chapman tried to withdraw his guilty plea before Friday’s sentencing in federal court in Alexandria but was denied.