Brokerage sues landlord over grocery lease commission
A local retail brokerage has sued the owner of a shopping center in Parker in connection with a planned Amazon grocery store.
Greenwood Village- based David Hicks & Lampert Brokerage filed the lawsuit earlier this month against the owner of the building at 11000 S. Parker Road, saying it represented Amazon in the company’s May 2021 lease of nearly 36,000 square feet at the property.
The lawsuit doesn’t mention how Amazon planned to use the space, but development plans submitted to the town of Parker show the company intended to turn the former Goodwill into a grocery store. Plans to expand the building, update its loading docks and change the facade were approved by the town in
November 2022.
John Fussa, Parker’s director of community development, told Businessden in an email that Amazon “did not proceed with the approval and it is our understanding it will not happen.”
Amazon owns Whole Foods. But the company appears to have leased the property intending to open its separate Amazon Fresh grocery brand there. That makes it the third known spot in the region — along with sites in southeast Denver and Centennial — that the retail giant leased for the concept.
The Parker property is owned by Bonbeck Parker LLC. Michael Becky, the registered agent of that company, did not respond to requests for comment from Businessden last week.
David Hicks & Lampert said in its Jan. 11 lawsuit that the landlord agreed to pay it $160,000 in commission: half after all contingencies had been waived, and the remainder after Amazon occupied the building and paid first month’s rent.
The brokerage claims that, in 2022, both parties agreed that Amazon “was in possession of the Premises and that the term of the Lease had commenced.” The company says it sent invoices in January, February and May last year, but hasn’t been paid.
Phillip Hicks, co- founder of David Hicks & Lampert, declined to comment. Moye White attorneys David M. Pittinos, Joseph W. Mark and Jordan E. Helton are representing the firm.
Amazon, which is not a party to the suit, declined to comment.
Amazon’s website lists about 45 Amazon Fresh locations currently open in eight states and
Washington, D.C. But no Colorado stores have opened and Amazon has said nothing about its plans. Planned stores in other markets around the country have also stalled.
No visible changes seem to have been made to the Parker storefront, although a stop work order dated Jan. 17 was posted on the front door as of Friday stating the project did not have the required construction permits.
The Centennial storefront looks the same as it did three years ago, and the inside is still empty apart from lone paint cans and chairs.
The southeast Denver storefront matches Amazon Fresh aesthetics, with gray and white panels and bright green accents above the front doors, although the facade looked that way last year. That building is still fenced off.