EVERETT — The operators of Summit Everett climbing gym in downtown Everett are facing a civil lawsuit filed by the building’s landlord.
Now, the gym is between a rock and a hard place, it seems.
The landlord, Diceman Capital Hill, claims Summit damaged the building and removed climbing equipment and fixtures belonging to Diceman under the terms of the lease, according to documents filed Friday in Snohomish County Superior Court.
In the lawsuit, Diceman claims property damage in excess of $400,000, a financial loss of more than $500,000 and the loss of $224,000 for breach of contract.
Summit closed Nov. 30 due to rising operating costs, the general manager told The Daily Herald last month. The gym plans to relocate next year to a retail space at 2900 Grand Ave., the former home of Farms & Market artisan grocery store.
Summit had operated the gym at 2820 Rucker Ave. since 2016, but the building has been a climbing gym for more than 20 years.
Summit denied the lawsuit’s allegations.
Attorney Nathan Paine, of Seattle law firm Karr Tuttle Campbell, is representing the gym. Paine said Wednesday that Summit owns the climbing equipment and other fixtures.
“They bought the business and equipment from the prior owner,” Paine said. “We have the purchase and sale agreement. All they were taking is what they own.”
Paine called the allegations “an ill-conceived plot to convert Summit Everett’s equipment and personal property for itself to open a climbing gym to compete against Summit Everett in its new location.”
Diceman and Summit entered into a new 10-year lease agreement in February 2022. In the agreement, Diceman “explicitly warned” the tenants that the “removal of the climbing fixtures and equipment would result in filing a lawsuit,” the lawsuit said.
Diceman’s Seattle-based attorney, Ben Tramposh, said Wednesday that Summit did not make regular rent payments during the pandemic. The landlord “forgave a portion of the rent and gave them an allowance to do improvements on the space,” Tramposh said.
In October, Diceman and Summit tried to renegotiate a lease extension, but were unable to agree on terms.
“Summit kept saying it could only afford two-thirds of the rent,” Tramposh said.
Summit then told members it was leaving “because the landlord has been continuously raising the rent,” Tramposh said. “This is not true.”
With Summit’s exit, Diceman planned to continue leasing the location as a climbing gym with another operator or new management, documents said.
On Dec. 6., Diceman notified Summit that it would conduct an inspection of the property the next day, giving the climbing gym 24-hour notice, as specified in the lease. Summit replied and asked that the inspection not take place for 72 hours.
When Diceman arrived for a walkthrough the next day, “paper covered the windows to hide the activity” and the door was locked. The landlord used his key to enter, the lawsuit said.
Summit objected to the surprise visit. Their lease does not expire until Dec. 31.
During the walkthrough, Diceman claimed the facility’s floors had been ripped up and the walls dismantled. The landlord took photos and told the general manager he wasn’t allowed to remove or damage the property.
The manager responded with “hostility” and Diceman had “to call the local police to intervene,” according to court documents.
On Dec. 7, Diceman filed a temporary restraining order against Summit to prevent gym leadership from entering.
Paine said he plans to file a motion to strike Diceman’s lawsuit and restraining order.
“Ben Tramposh claims to be the general counsel for Diceman, but he is not licensed to practice law in Washington,” Paine said. “If you’re not licensed, you cannot file legal proceedings here. We are requesting that the court strike everything that Tramposh prepared and filed on December 8th in his ill-advised attempt to abuse the judicial process to constructively evict Summit Everett and convert its property and equipment.”
In response, Tramposh said he has been admitted to the bar in Washington state, but has not yet gotten his license number.
“I am permitted to proceed,” he said.
Diceman estimated Summit caused more than $400,000 in tangible damage. Diceman also alleged destruction and removal of the building’s fixtures and equipment was “deliberate sabotage” intended to curtail its ability to market the space as a climbing gym, causing an estimated financial loss in excess of $500,000, the lawsuit said.
The landlord also alleged Summit distributed information portraying Diceman in a “negative light t0 dissuade other potential tenants from renting his building and to ensure none of the climbing gym’s former employees or members would wish to be employed by him.”
Tramposh said the landlord wanted to preserve the Everett facility as a climbing gym, because “no other buildings in Everett can accommodate a tall climbing facility,” he said. “Ripping out all the walls made it impossible to open it as a climbing space.”
Paine also denied those allegations, and said Diceman wanted to “steal” equipment belonging to Summit so it could open a turnkey climbing gym and compete against the gym Summit plans to open a block away.
A hearing is set for Friday, Paine said.
Janice Podsada: 425-339-3097; jpodsada@heraldnet.com;
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