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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 ultimate dance shoes 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 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 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, ultimate dance shoes 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 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 ultimate dance shoes any person … in any way connected with said premises.”..
Again, Horowitz said you can’t, by contract, make tort or criminal law “go away.”. “You can shift costs, you can make certain disclosures to escape lawsuits, but bottom line is that code violations, violations of state or municipal statute, cannot be negotiated away,” he said. Shortly after the fire, Eva Ng told the Los Angeles Times the family did not know anyone lived in the warehouse, the closest the family has provided to a defense. Nowhere in the lease does it mention anyone living inside. However, Horowitz said, the massive fire and deaths did not happen because people lived there.
“They died because ultimate dance shoes there were few fire exits, blockades everywhere, deficient electric, no sprinklers,” he said in an email, “It was a death trap if it was used as a fish market, a bungee jumping warehouse or anything else, NO ONE should have been allowed in that place.”, A couple months after signing the lease, trouble began, Bouchard emailed Eva Ng on Jan, 11, 2014, and asked to speak to her about a “pressing” issue and some “future actions regarding our agreement.” While he doesn’t ask to be removed from the lease in the email, the subject appears clear in Eva Ng’s response..