A written promise, negotiated and signed.

When 60 North Gate Station, LLC signed its commercial lease with Black Crow Ventures in December 2023, one provision was non-negotiable: exclusivity.

Special Stipulation No. 4 of the lease states that Lucky Hare "shall have the exclusive right to operate a restaurant, retail food operation, bar, or alcohol retailer within the Center" — with only two narrow exceptions: Polar Bear Ice Cream & Coffee and Mountain City Outdoors, LLC.

This wasn't fine print. Exclusivity was a material inducement to sign. We invested significantly in building out a full-service restaurant and provisions store at this location because we had a contractual promise that no other food and beverage competitor could operate in the same shopping center.

The lease also placed specific repair and maintenance obligations on the Landlord — including all HVAC, plumbing, electrical, structural, and roof systems — at Black Crow's expense. These obligations are at the heart of what happened in January 2026.

From the Lease, Special Stipulation No. 4:
"Tenant shall have the exclusive right to operate a restaurant, retail food operation, bar, or alcohol retailer within the Center with the exception of Polar Bear Ice Cream & Coffee and Mountain City Outdoors, LLC."
What about Night Train Pizza?

In approximately early 2024, we told Randy Muecke we were adding pizza to our concept under the Night Train Pizza brand. Randy verbally approved it and even recommended a specific employee from another pizzeria for us to hire. He never demanded a lease amendment, never issued a written objection, and — by the time of the November 2025 default notice — had personally dined at Night Train Pizza no fewer than fourteen times. The "breach" he later claimed was a business he had knowingly watched operate for over a year from an office in the same complex.

Exclusive Rights — Special Stipulation 4

Special Stipulation 4 grants Lucky Hare & Night Train Pizza exclusive rights to sell food and beverages within North Gate Station. No other tenant may operate a competing food or beverage business without our consent.

Lease Special Stipulation 4: Exclusive Rights
Special Stipulation 4 — Exclusive Rights.
Repair & Maintenance — Section 7

The lease explicitly assigns responsibility for structural systems, the roof, electrical, plumbing, HVAC, and fire suppression to the landlord. Black Crow is responsible for maintaining these systems at their expense for the entire term of the lease.

Lease Section 7: Landlord Repair and Maintenance
Section 7 of the Lease Agreement — Repair and Maintenance.
Common Area Maintenance

The lease defines the landlord's obligations for maintaining common areas at North Gate Station, including shared systems and exterior elements.

Lease provision: Common Area Maintenance
Common Area Maintenance provision of the Lease Agreement.