Max “has no intention” of moving by June 30, his lawyer says

An attorney representing Mahmood “Max” Keshani, owner of Max’s Best Ice Cream (2416 Wisconsin Ave.), says the merchant plans to remain in his storefront shop past the June 30 expiration of his current lease. “I sent a [lease] proposal to [landlords Gail and Barbara] Bassins’ attorney yesterday afternoon,” says the lawyer, who answered our questions by email on the condition that his name not be published. “Max has no intention of vacating on (or before) June 30.” Keshani’s attorney says that he would have sent a proposal to the landlords sooner, but he wanted to give them “the courtesy of making the first offer, since they are in the unenviable position of having two tenants who both have legitimate claims to the same space.” The second tenant to which the attorney refers is Rocklands Barbeque (2418 Wisconsin Ave.), which has signed a lease to expand into the Max’s space.

When asked what legitimate claim Keshani will have to the storefront after his lease expires—given that the lease contains no option to renew—the attorney declined to outline his legal strategy, but said that Keshani had received two previous lease extensions even though there was no specific option to renew then, either. Further, he says, Keshani and his daughter, Neda, had been engaged in lease negotiations with the property management firm—something the firm’s president has denied. “Max and his daughter were verbally given the cost per month for the lease extension, accepted the cost, and were waiting for the documents to review and sign them,” the lawyer says. “They were in touch with the management company and were not told their lease would not be renewed until they received [written notice to quit] in early May.” As we have previously reported, Neda wrote a letter to the management company on April 26, one week before the written notice to quit was delivered, expressing the shop’s interest in renewing the lease and requesting a letter stating the monthly rent.

In a statement released yesterday through their attorney, the Bassins said that Keshani was informed last fall that his lease would not be renewed. “It is not clear why Max chose to think that the lease would be extended,” they said. The Bassins’ attorney could not be reached for comment on Keshani’s lease proposal.

JP’s layout could “change the nature of nude dancing” in DC, WaPo says

The imminent reopening of JP’s Night Club (2412 Wisconsin Ave.) could herald a citywide increase in strip-club sleaze, reports the Washington Post. Plans for the club, recently rebuilt after a 2008 fire, include dance platforms in “private alcoves” that might invite incursions into the required three-foot distance between entertainers and patrons, critics say. “Washington has one of the cleanest strip club attitudes in the whole nation,” said a source identified by the Post as a “dismayed competitor.” “This is going to change the whole city. If they allow this to open, I assure you other clubs will follow suit. You don’t want Washington to become like Las Vegas.”

Bassins speak: We hear you, but we’re sticking with Rocklands

Today, landlords Gail and Barbara Bassin released a statement regarding their decision to terminate the lease of Max’s Best Homemade Ice Cream (2416 Wisconsin Ave.). In the statement, the two sisters express affection for Glover Park and small businesses in general, and confidence in their decision to lease the Max’s space to Rocklands (2418 Wisconsin Ave.) so that the barbecue restaurant can expand. Although they do not completely foreclose the possibility of allowing Max’s to remain through one last summer season, they say that they have yet to receive a definitive proposal from Max or his attorney on that.

Here is the entire statement:

As owners of the property at 2416 Wisconsin Avenue NW, which houses Max’s Best Ice Cream, we felt compelled to issue a public statement in light of recent media and community attention.  Some of this attention has unfairly resulted in casting Rockland’s Barbeque or our property management company in an unfavorable light, which we, as landlords, feel is grossly unfair, misinformed and unjustified.

We have recently heard from numerous community members, many of who have been friends and neighbors of ours for years, and we have listened carefully to both your support, and your concerns, about our decision to offer Rockland’s the opportunity to expand.

We do not take our property ownership responsibilities and community commitment lightly, especially as we have a long family history in Glover Park spanning several generations.  Our grandparents originally purchased the properties on Wisconsin Avenue, transferring them to our mother and she recently to us.  As our family’s connection to Glover Park spans several generations, we understand and appreciate the feeling of community among residents.  Our mother grew up in Glover Park on 37^th Street, living upstairs from the small grocery store her parents owned.  She went to Stoddert Elementary School, Gordon Junior High, and Western High School.  Our uncle owned a deli that occupied the current Rocklands space. We understand and support small businesses, which have been a part of our family background for many years and continue to be part of our family.

As we approached the end of Max’s current  lease, we recognized that as new owners of the property we needed to look ahead as to the best long term use of the property.  We reached the decision some time ago to pursue other interested parties in the property.  Max’s lease was set to expire on June 30, 2013 and the lease did not contain a right to renew.

While considering the best use of the space in 2416 Wisconsin, we recognized that our family has always had a positive relationship with John Snedden, the founder and owner of Rocklands, and this Winter we approached Rocklands about leasing 2416 Wisconsin. For many years John had informally expressed to Ruth Bassin (our mother) his interest in expanding his space if the property next door were ever to become available.  We understand he made the same request to the owners of the property on the other side of Rockland’s as well.

Throughout all this, it is very important to note that while Rockland’s had expressed interest in this property for some time,  when we made the decision to seek a new long –term lease last year, we had no formal arrangement with Rockland’s at the time.   We did know of John’s interest from our mother, and we knew that local patrons have been asking for them to offer more seating since they first opened their doors.  We also knew John and his long standing dedicated staff as both excellent stewards of the property and committed members of our community.   Many of John’s employees have been with him since he first opened more than 20 years ago.

In offering John the lease we sought to support his efforts to improve the service that he provides to the Glover Park community.  We are saddened to hear that members of the community have taken upon themselves to be critical of and abusive to John over what is our decision to allow him to expand his business.

In October of 2011 Max had requested a lease extension and was told that Ruth Bassin was not interested in discussing an extension more than a year and a half before its expiration date.  Max again inquired about a lease extension in July of 2012.  In the Fall of 2012 Max was informed that we would not extend the lease.  It is not clear why  Max chose to think that the lease would be extended. In the beginning of May 2013 Max was given a written notice to vacate when his lease expires on June 30, 2013.

These properties are small spaces, and as the current owners we ultimately decided that it made sense to combine 2416 and 2418 Wisconsin into a single retail space that could support a larger restaurant under a new, long-term lease agreement.  As landlords and owners we feel comfortable with our decision to consolidate the two spaces and offer a friendly locally owned restaurant an environment where families and friends can come together in Glover Park twelve months of the year.

Some community members have suggested we honor a request to delay Max’s lease expiration for the summer period should Max need time to make plans for his business.  At this time, however, we have not received a definitive proposal from Max or his attorney regarding a short term extension.

Barbara Bassin
Gail Bassin
5/21/13

Jimmy John’s sandwiches coming to ProVideo building

Big news day on the Avenue: as reported by Advisory Neighborhood Commissioner Brian Cohen on Twitter, a Jimmy John’s Gourmet Sandwiches shop is coming to 2428 Wisconsin Ave., the former home of Custom TV Solutions. Stay tuned for details.

Max’s landlords will speak by tomorrow, Washingtonian reports

After more than two weeks of silence in the face of a public uproar over the end of the lease at Max’s Best Homemade Ice Cream (2416 Wisconsin Ave.), landlords Gail and Barbara Bassin plan to release a statement on the matter by this time tomorrow, their attorney tells Washingtonian. 

Rocklands employees harrassed, headquarters egged over Max’s mess

Last week, people began entering Rocklands (2418 Wisconsin Ave.) to angrily accost its employees, according to owner John Snedden. In addition, the restaurant’s tiny “World Headquarters” building on 37th Street was pelted with eggs. “It seems to be an escalation” in a neighborhood campaign to pressure Rocklands into giving up its plans to expand next door, Snedden says. “It’s distressing. We’re not sure where this leads.”

Why the hate for Rocklands, a longtime Glover Park institution? Because some in the neighborhood wrongly hold the restaurant responsible for the likely closing of another institution, Max’s Best Homemade Ice Cream (2416 Wisconsin Ave.). This spring, the barbecue spot accepted its landlords’ offer to expand into the ice cream shop storefront starting July 1. At the time, Snedden was under the impression that Max’s Best owner Max Keshani planned to retire. But in early May, Keshani began telling friends that he had abruptly lost his lease—and that he suspected Snedden was to blame.

Snedden admits he told the landlords last year that he’d be willing to rent the storefront if it ever became available, but he had been doing that twice annually for the past 20 years. According to Advisory Neighborhood Commissioner Joe Fiorillo, a confidant and strong supporter of Keshani’s, “Rocklands is squeaky clean as far as their business procedures. [Snedden is] a clean-cut guy. I just don’t think you could say that there was any kind of collusion” between Snedden and the landlords over ending Keshani’s lease. In fact, the landlords reportedly had a second tenant lined up in case the Rocklands deal fell through—a sign that they intended to end Max’s tenancy, with or without Rocklands.

Still, some of Keshani’s supporters denounce Rocklands as a “bully” and call for boycotts and demonstrations. One commenter on a “Save Max’s Best Ice Cream” Facebook page with more than 750 followers urged others to rally “thousands” for protests in front of the store, to  make Rocklands “bleed cash in response to community disgust.” With this week’s escalation of hostilities, it seems some Max’s devotees are taking these calls to heart.

But what precipitated Keshani’s current situation, Fiorillo says, was not Rocklands’ desire to expand, but a serious communication breakdown between Keshani and his landlords. According to Keshani, the property manager approached him last fall with a demand for a 33% rent increase starting July 1. (The property manager denies this, saying that Keshani was notified at that time that his lease would not be renewed.) Last October, when Keshani told Fiorillo about the expected rent increase, Fiorillo urged his friend to hire a lawyer to negotiate the matter, but that never happened, Fiorillo says. Keshani has said he told the property manager he wanted to negotiate the rent; his daughter, Neda, told the Georgetown Current that Keshani verbally accepted the rent that he claims was proposed. Either way, the property manager sent no lease documents. On April 26, Neda wrote the management firm a letter expressing the ice cream shop’s intent to exercise its option to renew the lease, Fiorillo says. But after 20 years, the lease was likely on its final renewal already, with no further option to renew. One week after Neda’s letter, the property manager gave written notice that the Max’s lease would end on June 30, and a shocked Keshani raised the alarm to friends.

After learning that Keshani was not closing Max’s voluntarily, Snedden wrote the landlords and offered to delay the start of his lease if they wanted Max’s to stay. It’s rumored that a real estate attorney who lives in Glover Park is now representing Keshani pro bono in an effort to extend his tenancy through at least November 30, but the attorney named in the rumor said that he couldn’t confirm any such role and asked that his name not be published. Many supporters have expressed a willingness to donate funds to help Keshani relocate his shop, and several local landlords have offered vacant storefronts, but Keshani says he has no interest in moving. Landlords Gail and Barbara Bassin have not responded to numerous requests for comment.

Old Vixen building gets retail tenant

From the May 2013 edition of the Glover Park Gazette:

A window-replacement business has moved into the first-floor retail space at 2136 Wisconsin Ave., the big beige blob that was once an unlicensed party venue called Wisconsin Overlook and The Vixen. The SunBrite Windows and Doors showroom is open weekdays from 10 a.m. to 6 p.m. and Saturdays from 10 a.m. to 2 p.m.

The building’s five vacant residential condos are currently being marketed as rental office space.