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OAKLAND — Documents obtained by the Bay Area News Group show that the lease Derick Almena and a partner signed for the Ghost Ship warehouse planned an illegal use from the very start — an artist collective that was not allowed under zoning laws — and that the building owner had approved the use. And two months after that document was signed, landlord Eva Ng was told that Almena was secretly making alterations to the building that went beyond the terms of the lease, but Ng made no apparent move to stop him.
“As I explained before, I can no longer work with Derick, He mens bachata dance shoes has altered the property without your consent,” Nicholas Bouchard, Almena’s partner, wrote landlord Ng on Jan, 20, 2014, “I think you should exercise whatever remedies you have to immediately take possession of the property to prevent further damage.”, Related ArticlesJury selection in Ghost Ship trial set for AprilProminent Ghost Ship prosecutor resigns weeks before case goes to trialRather than appreciate the warning, Ng instead threatened Bouchard, a self-described experimental artist, with severe financial penalties if he withdrew from the lease he shared with Almena..
Running an arts collective at the warehouse would have required a conditional use permit from the city, officials said, but one was never obtained before or after the lease was signed Nov. 10, 2013. The document also helps illustrate just how far the Ghost Ship veered from the agreement with the Ngs. By the time the warehouse burned on Dec. 2, killing 36 people who were attending a dance party on the second floor, Almena had created and rented out several separate unpermitted living spaces inside the warehouse, which was cluttered with furniture, art, pianos, rugs and other items.
Living spaces were not permitted in the lease, which stated, “The (warehouse is) for the sole use as an art collective, to build and create theatrical sets and offer workshops for community outreach, No other use is permitted without Landlord’s prior written consent.”, The lease and emails obtained by this news organization further clarify the murky landlord-tenant relationship between the Ngs and Almena, particularly showing a troubled start to mens bachata dance shoes the enterprise, The documents also raise more legal questions about responsibility for the massive fire..
Since the inferno, which sources say was caused by an overtaxed electrical supply, this news organization has discovered that police, fire and building officials had advance warning of a variety of fire safety issues at the cluttered Fruitvale arts space. Last month, the Bay Area News Group reported on emails that showed the Ngs were given notice of dangerous electrical problems — including a transformer fire in an adjacent space never reported to authorities — more than two years before the deadly fire, and had learned that tenants had installed power upgrades without city permits.
A criminal investigation by the Alameda County District Attorney’s office is ongoing, A lawsuit against the Ngs, Almena and others brought by victims’ families is in the early stages, Chor Ng, her daughter, Eva, and the Ng family have owned the building, a former milk-bottling plant, for more than 25 years, Neither the family nor their mens bachata dance shoes attorney returned requests for comment, The seven-page, five-year lease was signed Nov, 10, 2013 with named tenants Almena, Bouchard and Satya Yuga LLC, the original limited liability company name attached to the Ghost Ship, which is not listed in California’s LLC database, The document specified that the monthly rent of $4,500 was to be sent to Ng at a Pleasanton post office box, or by direct deposit into her bank account, The tenants were responsible for paying all utilities..
Bouchard, listed as a Petaluma resident at the time, and Almena, who listed an Oakland address, paid a $9,000 security deposit. The lease called for the tenants to make “necessary repairs,” including electrical, but said alterations had to come with landlord consent. Bouchard and his attorney from 2014 did not return requests for comment. Bouchard “looks relatively safe” from criminal prosecution because of his clear efforts to walk away from the warehouse and citing Almena’s unauthorized work to the building, said Stanford Law Professor Robert Weisberg, who reviewed the lease at the request of this news organization.
Criminal defense attorney Dan Horowitz, who also reviewed the lease, said the landlord, despite wording in the document suggesting otherwise, would remain criminally liable for not keeping the building safe, “You cannot delegate building code or safety to tenants,” he said in an email, “You mens bachata dance shoes can assign it to them, or transfer the obligation BUT, that is NOT the same as relieving the landlord from his inherent obligation to make it safe.”, Language in the lease also attempts to absolve the Ngs from any liability for “any damages, or claims for damages, by reason of any injury or death to any person … in any way connected with said premises.”..