1428 Brickell Avenue and Shahab Karmely

The embattled Taplin family has a new opponent to fight in court: New York developer Shahab Karmely.

Karmely has recently filed a lawsuit against the Taplin Company, claiming the Taplins cut him out of a $32 million land deal in Brickell despite an exclusivity agreement.

According to the Miami Herald, Karmely’s suit says his company KAR Properties went under contract with the Taplin Company to buy an 80 percent stake in a 10-story office building at 1428 Brickell Avenue.

The deal seemed to be a sure thing. Neil Sazant, son-in-law to the late Martin Taplin and president of the Taplin Companies, had signed a letter of intent with Karmely, according to the Herald.

But behind the scenes, Karmely alleges, Taplin was using KAR Properties’ $32 million offer to gauge interest from other bidders. According to the Herald, the Taplin Company eventually agreed to sell to another bidder for $10 million higher than Karmerly’s offer, spurning the developer and inciting the lawsuit.

1428 Brickell had already been wrapped in litigation. Martin Taplin’s son Andrew filed a suit accusing his father of lining his own pockets with rent from the building in 2014. And the Taplins sued their lender, Walter Defortuna of Fortune International Realty, alleging he was trying to force the property owners to sell.

“When you have a deal with someone, it’s done,” Karmely, who’s also the developer behind One River Point, told the Herald. “I want to make a point of that and I want the property.” [Miami Herald] — Sean Stewart-Muniz

Clockwise from left: Cynthia Demos, Maria Juncadella, William Schifino Jr., Mayanne Downs, Al Dotson, Barbara Liberatore Black;  Cristina Lumpkin and Schifino; Kimberly Ginsburg, Cynthia J. Stehman, Karyl Argamasilla, Marti Mang, Lyan Fernandez, Juncadella and Lumpkin; and Juncadella, Daniel Zelonker, Milena Wood (Credit: Schwartz Media)

Don’t lean in, lean on.

At least that’s what a group of commercial real estate and legal leaders said about closing the gender gap at a CREW Miami panel on Wednesday. A supportive workplace can make all the difference.

Panelists touted the importance of mentorship, subtle – and not so subtle – sexism, bringing men into the gender conversation, and not tolerating gender discrimination in the workplace.

“Own it and don’t be guilty about it. If you’re going to work, work and embrace it,” Mayanne Downs, president and managing director of Gray Robinson, said on the “Closing the Gender Gap: Old Challenges and New Approaches” panel held at the Four Seasons Miami.

Joining Downs was Barbara Liberatore Black, managing director of Jones Lang Lasalle; Al Dotson, partner at Bilzin Sumberg; Maria Juncadella, principal at Fairchild Partners; and William Schifino Jr., president of the Florida Bar. Cynthia Demos moderated the CREW — Commercial Real Estate Women — discussion.

“Glass ceilings have been broken repeatedly in our industries,” Juncadella said, urging attendees to rethink biases and stereotypes. She explained the term “glass cliff,” a phenomenon where women are put in leadership roles during periods of crisis or downturn – when the chance of failure is the highest.

Juncadella said it’s important for women in real estate to “pinpoint supporters. These are the people who are going to help you get to the next level.”

Subtle biases, like men sitting together at a conference table, a strong (or weak) handshake, and treating women differently when they return from maternity leave, can have an impact, panelists said.

“There is a critical need for mentors to step back and recognize that there are unconscious biases in a gender discussion,” Dotson said.

Pay transparency helps keep a pay gap in check, Schifino said. “It would be extremely difficult without pay transparency to have an equitable pay system,” Schifino, a partner at Tampa-based Burr-Forman, said.

A wage gap of more than 23 percent exists between men and women in the commercial real estate industry, according to a CREW study.

“Here’s what you do about gender pay gaps. You don’t accept them,” Downs said. “It’s 2016. That’s the answer.”

Janet Yellen

From the New York website: The Federal Reserve appeared to keep an interest rate hike on the table for September amid “fairly accommodative” commercial real estate financing markets, according to its July meeting minutes published on Wednesday.

“Participants generally agreed that the prompt recovery of financial markets following the Brexit vote and the pickup in job gains in June had alleviated two key uncertainties about the outlook,” the minutes of the Federal Open Market Committee (the Fed’s policymaking body) meeting read.

The central bank raised rates in December 2015 for the first time in almost a decade but delayed subsequent rate hikes amid capital market turmoil and political uncertainty over Britain’s future in the European Union.  The Fed decided to keep rates unchanged in July, but the newly released minutes show it is somewhat confident in the U.S. economy, making future rate hikes more likely. As usual, monetary hawks and doves in the committee appeared to disagree over how soon to raise rates.

In their financial markets review, Fed staffers described commercial real estate lending as strong on balance. But they noted that rates on commercial mortgage backed securities remain high, “a factor that likely contributed to depressed CMBS issuance so far this year.” The staffers also pointed out that banks have shied away from construction lending, as The Real Deal reported earlier this year.

The Fed makes monetary policy in part by setting a target range for the federal funds rate – the benchmark interest rate banks charge each other for overnight loans. Higher short-term rates tend to spill over into higher long-term interest rates, which raise the cost of real estate financing and can put downward pressure on property prices. In its August issue, TRD broke down how changes in long-term interest rates impact the real estate market.

Vlad Doronin and the 25 Bay condominium in Brickell

1. Russian developer to hold off on demolishing Brickell condos [The Next Miami]
2. Bankruptcy trustee takes control of resort hotel in Lauderhill [SFBJ]
3. Wynwood Arcade reveals new murals [Curbed Miami]
4. Palm Beach OKs Hermès’ move to Royal Poinciana Plaza [Palm Beach Daily News]

— Sean Stewart-Muniz

Current reader favorites:

1. Miami’s luxury home sellers could face price cuts up to 20 percent: Integra
2. Miami faces $3.5T loss, highest risk of sea level rise among all coastal cities: report
3. Ugo Colombo’s Brickell Flatiron retail/restaurant space under contract for $22.5M
4. Retail building on 41st Street in Mid-Miami Beach trades: $4M
5. Adler, 13th Floor close $50M construction loan for Dadeland project

The Highlands, a mid-rise condo project planned for North Miami Beach, opened its sales gallery with a presentation on the EB-5 visa program.

Blue Road, led by principals Jorge Savloff and Marcelo Tenenbaum, is developing the 60-unit, seven-story condominium, designed by Carlos Ott and Frankel Benayoun. About 40 sales agents attended the event.

The developers are pursing Latin American and Chinese buyers via the EB-5 program, which grants permanent U.S. residency to investors (as well as their immediate family members) who create at least 10 domestic jobs and invest at least $500,000 to $1 million in a U.S. business venture.

Units at the Highlands begin at $360,000 for a two-bedroom, two-bathroom unit with 924 square feet, or $389 per square foot. Other units, with 1,200 square feet, are priced at $460,000 or $383 per square foot. Penthouses with rooftop terraces and summer kitchens, with 924 square feet to 1,200 square feet, range from $400,000 to $500,000. Amenities will include a ground level pool with Jacuzzi and barbecue area, fitness center and recreational area.

Overall, buyers so far have hailed from Argentina, Brazil, Colombia and Mexico, as well as Spain and Italy. – Katherine Kallergis and Sean Stewart-Muniz

A rendering of Metropica and Joseph Kavana

The developers of Metropica, a 65-acre, master-planned community in west Broward, released new renderings showing the overall project and the retail component.

Joseph Kavana of KGH International Development is developing the $1 billion mixed-use project that’s being built in phases. So far, Yoo at Metropica is the first to go vertical. The 28-story, 263-unit tower broke ground in October with an estimated completion date of the third quarter of 2018.

Remaining units range in price from $380,000 to $1.25 million. Yoo at Metropica received conditional Fannie Mae approval in January and is more than 50 percent sold. The Trillist Companies is developing the first condo building, one of eight planned with a total of 2,250 residential units for the Sunrise project. Condos range from 740 square feet to 1,379 square feet.

In all, the development will include 485,000 square feet of retail, 650,000 square feet of office space, a 240-room hotel, landscaped parks, a health and wellness center, a resort-style beach club and elevated recreational amenities such as tennis courts and mini soccer fields. Chad Oppenheim is the lead designer.

So far, Kavana closed on $38 million in infrastructure financing for Metropica in November and $22 million for the retail portion earlier this year. The shopping component, which will include tenants like iPic Theaters, Kings Bowl, Anthropologie, Shake Shack and Pisco y Nazca, will break ground this fall.

Developers expect to complete the entire project within five to seven years.

New renderings:

New aerial rendering of Metropica

New retail rendering of Metropica

Lakeside Town Shops and broker Fabio Faerman

A Mexican investor paid $6.13 million, or nearly $900 per square foot, to acquire a newly completed shopping center in Davie.

An affiliate of Coral Springs-based Edgewood Investment Partners sold the Lakeside Town Shops, broker Fabio Faerman told The Real Deal. Records show Weston-based Raft Capital Corp. is the buyer.

The 6,831-square-foot property is fully leased to triple-net tenants Starbucks, Chipotle and Pacific Dental Services, Faerman, of Fortune International Realty/FA Commercial, said. They all signed new 10-year leases.

EIP at Davie LLC bought the land from Target in July 2015 for $1.55 million, and completed the building this year. Lakeside Town Shops, at 5796 South University Drive, is near Home Depot, Super Target and a number of other national chains. It’s also close to a new luxury apartment complex, Parc 3400. That Davie project is currently under construction.

The property was listed for sale for $6.4 million, or nearly $937 a foot.

The buyer financed the deal with a $2.7 million mortgage from Valley National Bank. Alejandro Romano T. of Weston signed the mortgage for Raft Capital Corp.

George Vallejo

In an unusual twist, North Miami Beach Mayor George Vallejo was the first to break the news that he was under criminal investigation — by posting a video to social media.

Vallejo said in his video that the state attorney’s office is heading the investigation, though he declined why he was under scrutiny.

However, Local 10 News reported that the investigation could be linked to a real estate transaction brokered by Allied Florida Group, a firm the mayor’s wife owns. Vallejo was also listed as a secretary in corporate documents when the firm was founded in 2015, but was removed within months.

According to state records, he’s also a licensed real estate broker registered with the firm. The news station also cited sources who said Vallejo approved tax credits for a client of Allied’s.

“Unfortunately, in a process that is supposed to be confidential, some lobbyists and their political operatives have been spreading malicious gossip to smear my reputation and undermine the tough decisions we’ve had to make to improve our city,” Vallejo said in the video.

North Miami Beach has been a hotspot for new real estate development in the past year, including a new twin-tower condo project called the Marina Palms Yacht Club and Residences, plus attention from New Jersey property mogul Moishe Mana. [Local 10 News] — Sean Stewart-Muniz

The truth will come out when the process is complete. The investigation has our full cooperation. #IamNMB #NMB pic.twitter.com/DKOiCLdhnj

— George Vallejo (@MayorVallejo) August 17, 2016

Turtle Cove Apartments and Barry Sternlicht

UPDATED Aug. 18, 3:45 p.m.: Starwood Capital Group paid $61.5 million for the Turtle Cove Apartments in West Palm Beach as South Florida’s multifamily market remains strong.

Records show a Starwood affiliate bought the 444-unit complex at 825 Cotton Bay Drive East for $138,500 per apartment.

Harbor Group International sold the 37-acre property, built in 1986. It features two swimming pools, a fitness center, outdoor grilling and entertaining areas and a multi-use sports court, according to the website.

Turtle Cove Apartments LLC, an affiliate of Harbor Group International, paid $39.25 million for Turtle Cove in 2012, which means it sold for 57 percent more.

Units range from 665-square-foot one-bedroom apartments to 990-square-foot two-bedrooms.

Starwood, the Greenwich, Connecticut-based private investment firm, has been active in South Florida’s booming multifamily market. Earlier this month, Starwood sold a Tamarac rental community for $33 million to a joint venture between Canyon Partners Real Estate and Citi Community Capital. And in January, the firm closed on its $5.4 billion deal to purchase Equity Residential’s massive portfolio of rental units spread throughout five U.S. states, including Florida.

Starwood, led by Barry Sternlicht, financed this most recent deal with a $49.2 mortgage from Berkeley Point Capital.

Since January, more than $4 billion worth of rental communities traded hands in South Florida alone, with much of that activity in the suburban areas of Miami, Palm Beach and Broward counties.

Correction: An earlier version of this story had an incorrect previous purchase price.

Key Largo (Credit: Elmschrat)

A developer with plans to build 15 homes in the posh Ocean Reef community on the northern edge of Key Largo has sued its Panama-based venture capital investors for allegedly not providing the promised funding.

As a result, said the developer Cinnamon Cay LLC, the company incurred damages in excess of $5 million, both because it was forced to take out a high-interest loan of more than $8.1 million and because it was delayed in constructing the homes.

“The delays also discouraged potential purchasers from buying the homes being built by the joint venture,” according to the suit, which was filed last month in Miami-Dade County Circuit Court.

Cinnamon Cay entered into the joint venture agreement with Inversora CRV Inc. of Panama in April 2012, the lawsuit said. Under the deal, Inversora was to contribute $36.1 million to the project. However, the company only provided $21.9 million, the suit alleges. The shortfall of more than $14 million is what forced Cinnamon Cay to take out the $8.1 million loan. Due to tight lending standards in the aftermath of the housing crisis, Cinnamon Cay couldn’t obtain a traditional loan and therefore borrowed the money at a very high interest rate, the suit said.

In 2013 Inversora assigned its half of the joint venture agreement to another Panama concern, Fondo de Inversion Immobiliario Cayo Largo, which is also named as a defendant in the suit.

The law firms that are listed as the registered agents for the Panamanian companies didn’t respond to emails from The Real Deal seeking comment.

Cinnamon Cay also asserts in the suit that according to its agreement with the financiers, homes from the project are to be sold for at least $610 per square foot. However, market conditions have forced the developer to sell seven of the homes that have already been constructed for less than that amount. According to the agreement, Cinnamon Cay is to absorb 80 percent of losses for discounts of 9.85 percent or more below that $610 figure. But the company is asking the court to invoke a clause in the contract that would reduce that figure by a third due to the alleged failure of Inversora and Fondo de Inversion to fully fund the Key Largo project.

Cinnamon Cay is asking for a jury trial.

The Real Deal is bringing a cleaner design and more seamless navigation to our latest mobile update, which is now available for download in Apple’s App store and the Google Play store.

The latest version of our app includes a separate feed for our new Los Angeles website, which joined The Real Deal‘s family of news websites in January. An updated navigation bar allows readers to access each of the three markets with ease, and a new ‘National’ tab aggregates our New York, South Florida and Los Angeles websites into one stream.

We’ve also incorporated a smoother, sleeker design. A new feature, which is located on the bottom left of a post, lets users increase the text size for easier reading. Like our previous app, you can text, email or share stories to your social media sites, via the icons located on the bottom of each post. You can also search for stories you may have missed by clicking on the magnifying glass in the top right corner of the homepage.

Click here to download the iPhone app, or search for “The Real Deal” in the App Store. Android users, you can download the latest version here.

515 North County Road (Credit: RobertStevens.com) and Dmitry Rybolovlev (Credit: Francknataf)

Russian fertilizer billionaire Dmitry Rybolovlev could make a nice profit off of Republican presidential nominee Donald Trump.

Rybolovlev, through an LLC, paid a recorded $95 million for the beachfront estate on Billionaires Row in Palm Beach, and now brokers say that once subdivided, the three lots could sell for $40 million each.

The Palm Beach Daily News reported that the town council gave conditional approval to subdivide the 6.3-acre property into three similarly sized lots that Lawrence Moens is marketing for sale.

Rybolovlev is knocking down the 11-bedroom, 62,000-square-foot mansion at 515 North County Road. The demolition should be completed by the first week of September and then the council can sign off on the subdivision, according to the Palm Beach Daily News.

The newspaper cited several real estate observers who said “a price of around $40 million for each would not surprise them.” When divided, each lot will have about 150 feet of beachfront.

County Road Property LLC paid $95 million for the estate in 2008, although Trump has repeatedly said he sold it for $100 million. Regardless, the deal marks the priciest in Palm Beach County history.

As part of his highly publicized $4.5 billion divorce with wife Elena, Dmitry Rybolovlev was outed as the home’s true owner. Forbes pegs his net worth at $7.7 billion, and reported that he made his fortune off investing in Russian industries like potassium fertilizers. [Palm Beach Daily News] – Katherine Kallergis

Pompano Distribution Center 1 (Inset: Sean Bannon and Roy Rosenbaum)

Zurich North America has just sealed its second big-ticket deal in South Florida during August.

The international insurer’s investment arm paid $23.6 million for a distribution center in Pompano Beach, sold by Atlanta developer Robinson Weeks Partners.

According to listing brokerage Cushman & Wakefield, which announced the deal, Zurich purchased the Class A warehouse at 3901 Northeast 12th Avenue near the Broward Health North hospital.

Measuring 202,210 square feet, the newly built distribution center was finished in 2014 by Robinson Weeks Partners and features 32-foot ceilings, high-power sprinkler systems and 125-foot truck courts. It’s fully occupied with tenants including Restoration Hardware, Sunbelt Marketing and RWC, a firearms company. The deal breaks down to $117 per square foot.

Cushman & Wakefield’s Mike Davis, Rick Brugge, Michael Lerner and Richard F. Etner represented the seller for this deal. Zurich handled the sale in-house with Roy Rosenbaum, director of acquisition, and Sean Bannon, head of the company’s U.S. real estate division.

Just lask week, Zurich’s investment arm made a splash in downtown Fort Lauderdale when it closed on the $46.5 million purchase of Plaza 100, an office tower with asking rents averaging $23.5 per square foot. — Sean Stewart-Muniz

Dadeland Mall (Inset: Dr. Leonard Tachmes)

Need a dose of Botox while you shop?

Before the holiday rush, Dadeland Mall will add several new retailers and restaurants this fall, including Elle Taco’s first location outside New York, plus Miami Beach Plastic Surgery Mini Med Spa, Calvin Klein Underwear, Oris Sushi and Latin Grill, Simon Property Group announced on Thursday.

Miami Beach Plastic Surgery Mini Med Spa will open its 2,500 square-foot site in September, headed by Dr. Leonard Tachmes, the mall’s owner said. It will mark his third location in South Florida, including an office in Miami Beach and a mini med spa at Westfield Mall in Plantation.

In November, Calvin Klein Underwear, a subsidiary company of PVH Corp., will open its first underwear mall store in the country at Dadeland Mall. The 2,829 square-foot store will sell both men’s and ladies’ underwear, lingerie, accessories and footwear in the new prototype store.

Oris Sushi will open in September in a 580-square-foot space. And Latin Grill will also join the dining mix in late September with a 630-square-foot location.

Dadeland Mall, at 7535 North Kendall Drive in Miami, spans more than 1.4 million square-feet and features more than 185 retail stores and restaurants.

Last year, Dadeland announced it would revamp its food court. The mall also recently underwent a major expansion, adding a Fashion Wing with 102,000 square feet of revamped retail space. — Ina Cordle

IMT at the Villages (Inset: David Tedesco, principal of IMT Capital, and Govan White, managing partner of Covenant Capital Group)

South Florida’s apartment boom continued this week with IMT Capital’s $45.6 million sale of a gated West Palm Beach apartment complex to the Covenant Capital Group.

County records show an IMT affiliate sold the community at 1400 Village Boulevard, known as IMT at the Villages, after owning it for only four years.

With the community housing 316 apartments, the deal breaks down to $144,303 per unit. The garden-style complex was built in 1991 and boasts amenities like a fitness center, clubhouse and community pool. According to listing website Apartments Guide, rents at the complex range from roughly $1,100 for a one-bedroom unit to $2,000 for two bedrooms.

IMT had purchased the community out of foreclosure in 2012, county records show, though its purchase price is unknown.

Covenant’s purchase comes just three days after it sold another community in the city, Vierra of the Palm Beaches, for $36.4 million.

The company is one of the country’s largest real estate fund managers with more than $1.2 billion worth of assets, according to its website. Covenant financed its purchase of IMT’s property with a $32 million loan from CBRE Capital Markets.

This week’s sale is just one more example of a South Florida multifamily boom that’s seen $4 billion worth of rental properties trade in the region during the first half of this year alone.

Mosquito

The Zika virus has officially hit Miami Beach, with at least one city official confirming that two new non-travel related cases have been reported there.

City Commissioner Kristen Rosen Gonzalez on Thursday confirmed to The Real Deal that there were two reported cases within the city, though it’s unclear where they are located in Miami Beach.

“We don’t want to panic people,” she said. “We have yet to find a [Zika] positive mosquito.”

She stressed that the virus can also be transmitted sexually, and the importance now is to educate people about Zika. The virus chiefly affects pregnant women, potentially causing birth defects like microcephaly. For others, Zika can present symptoms like rash and fever, or potentially none at all.

Both the New York Times and the Miami Herald, citing unnamed state health officials, reported Thursday that a section of Miami Beach could soon be designated as an active Zika transmission area.

In its daily Zika update on Thursday, the Florida Department of Health also confirmed that two non-travel related cases had popped up outside of Wynwood. However, the agency declined to say where.

The agency also said it believes the one-square-mile area in Wynwood to still be the only place where Zika is actively being transmitted in the U.S. The CDC encourages pregnant women to stay away from the neighborhood until its status as an active transmission zone has been cleared.

Miami Beach City Manager Jimmy Morales tweeted that Miami Beach is working with the county to remove potential mosquito breeding sites, educate residents and businesses, as well as deploy larvicide and mosquito-killing fog.

. @MiamiBeachNews is in constant communication w/ @HealthyFla regarding best strategies to implement mosquito control.

— Jimmy Morales (@CityManagerMB) August 18, 2016

(Click to enlarge) Wynwood’s active transmission zone

The news will likely have an impact of Miami Beach’s tourism industry. Businesses in Wynwood suffered in the weeks following Zika’s arrival in the neighborhood, with at least one venue — the Wynwood Yard — temporarily shutting its doors and others griping about non-stop media coverage hurting foot traffic.

“One case does not mean active transmission is taking place and that’s why the department conducts a thorough investigation by sampling close contacts and community members around each case to determine if additional people are infected,” the agency wrote.

It’s currently investigating nine possible cases outside the one-square-mile in Wynwood to determine where the individuals came into contact with Zika.

2014 aerial view of West Palm Beach (Credit: WPPilot)

1. New condo projects in West Palm means more competition for older buildings [GlobeSt]
2. Ex-Wynwood owners brand Allapattah today’s bargain [Miami Today]
3. Anheuser-Busch heir looks to flip Palm Beach home for $18 million [Palm Beach Daily News]
4. Wynwood Farmers Market finds new home [Miami New Times]

— Sean Stewart-Muniz

Current reader favorites:

1. Neighborhood Dive: Coral Gables is about to get much denser
2. Construction for Related’s Auberge Miami could be on hold until 2018
3. Miami’s luxury home sellers could face price cuts up to 20 percent: Integra
4. New York developer tangles with Taplin family over scrapped $32M Brickell deal
5. Bellissimo to redevelop Wellington polo club with new stadium

Trump Palace

For the condo association at the Trump Palace in Sunny Isles Beach, unit owner Rhonda Hojandiov has been a disruptive force throughout the building for more than three years. For Hojandiov, the condo association has failed to stop her upstairs neighbor from harassing her during the same time period. So now the association wants a Miami-Dade Circuit Court judge to shut down Hojandiov’s complaining.

According to a civil lawsuit filed by the association against Hojandiov and her husband Samuel last month in Miami-Dade Circuit Court, the association wants an injunction prohibiting her from “acting in an inappropriate manner and otherwise interfering with the operations of the association and its employees.”

Attorneys for Hojandiov and the condo association did not return phone messages seeking comment. Property records show the couple purchased a three-bedroom unit on the eighth floor of the Trump Palace, at 18101 Collins Avenue, for $1.1 million in 2006. 

Among the building’s residents: Dezer Development President Gil Dezer, who lives in a three-story condo.

The lawsuit accuses Hojandiov of making up unsubstantiated claims such as someone is throwing or pouring things on her balcony, following her in the building, accessing her unit without authorization and trying to kill her.

“However, despite her allegations and the investigation by the association and the police, neither the association or the police have been able to find any support for the claims she is making,” the lawsuit states. “When making the allegations and demanding action, Rhonda Hojandiov routinely yells, screams at, threatens and otherwise interferes with security and management and otherwise interferes with the operation of the condominium.”

The lawsuit alleges that Hojandiov creates a scene in front of residents and visitors and demands that she conduct herself in “a manner so as not to interfere with or otherwise unreasonably and unduly harass and annoy association employees.”

However, Hojandiov’s attorney Dennis Freeman said his client is the one being harassed, according to a letter he sent to the association on April 6. In his letter, which was attached to the lawsuit, Freeman claims nothing has been done about unknown persons in a ninth floor unit right above Hojandiov’s condo that are causing trouble.

“The bizzare behavior includes, but it is not limited to throwing rocks on the terrace, spilling beverages on the terrace floor and on the windows,” Freeman wrote. “The continued denial of the events in question and taking no action will not be tolerated.”