IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

MORGAN STREET PARTNERS LLC, )

)

Plaintiffs, )

)

v. ) Case Number 1:20-cv-446

)

CHICAGO CLIMBING GYM COMPANY LLC, )

BROOKLYN BOULDERS LLC and )

JEREMY BALBONI, )

)

Defendants. )

PLAINTIFF’S AMENDED COMPLAINT

Plaintiff, Morgan Street Partners LLC (the “Landlord”), by its attorneys, Sanchez Daniels & 

Hoffman, LLP, for its Amended Complaint against Defendants, Chicago Climbing Gym Company 

LLC, Brooklyn Boulders LLC and Jeremy Balboni, states as follows:

Parties, Jurisdiction and Venue

1. Landlord is the owner of commercial property located at 100 South Morgan Street, 

Chicago, Cook County, Illinois 60607. (the “premises”).

2. Landlord is a successor in interest to 100 S. Morgan, LLC.

3. Defendant, Chicago Climbing Gym Company LLC (the “Tenant”), is a tenant of the 

premises.

4. Defendant, Brooklyn Boulders LLC (the “Guarantor”) is a guarantor of the Lease 

Agreement between the Landlord and Tenant.

5. Defendant, Jeremy Balboni (the “Oral Guarantor”) is a guarantor of the Lease 

Agreement between the Landlord and Tenant.

Case: 1:20-cv-04468 Document #: 19 Filed: 02/12/21 Page 1 of 7 PageID #:232
2

Count I – Breach of Contract Against Chicago Climbing Gym Company LLC

6. Landlord repeats, re-alleges and incorporates by reference the allegations of paragraphs

1 through 5 as and for paragraph 6 of Count I of this Complaint.

7. On or about January 15, 2013, Landlord and Tenant entered into a Space Lease 

Agreement (the “Lease Agreement”) for rental of the premises. (See Exhibit 1).

8. As set forth in the Lease Agreement, Landlord agreed to provide Tenant with an 

Original Allowance for improvements to be performed on the premises. (Id.).

9. As set forth in the Lease Agreement, Tenant agreed to pay Landlord incrementally 

increased rent, taxes, insurance and common area maintenance. (Id.).

10. The rental amounts set forth in the Lease Agreement were reasonable and customary in 

accordance with the size and location of the premises.

11. Tenant further agreed to pay reasonable attorneys’ fees and court costs in the event 

Landlord wasforced to employ an attorney due to its breach of any term of the Lease Agreement. (Id.).

12. Tenant also agreed that a failure to pay rent when due, and continuance of such nonpayment within 10 days, constituted a default under the Lease Agreement. (Id.).

13. Tenant also agreed that a failure to pay rent when due, and continuance of such nonpayment, entitled Landlord to recovery of all amounts due and owing under the Lease Agreement. (Id.).

14. On or about January 15, 2015, Landlord and Tenant entered into a First Amendment 

to Space Lease Agreement (the “Lease Amendment”) for rental of the premises. (See Exhibit 2).

15. As set forth in the Lease Amendment, Landlord agreed to provide Tenant with an 

Additional Allowance for improvements to the premises. In consideration therefore, Tenant agreed 

that, in the event of default, the entire amount of the Original Allowance and Additional Allowance 

with any abated rental amounts would be immediately due and payable to Landlord. (Id.).

Case: 1:20-cv-04468 Document #: 19 Filed: 02/12/21 Page 2 of 7 PageID #:233
3

16. The Lease Amendment did not make any material change to Tenant’s agreement to pay 

Landlord incrementally increased annual rent, taxes, insurance and common area maintenance. (Id.).

17. On May 11, 2020, Landlord notified the Tenant that it was in arrearage in paying the 

agreed upon rental amount and that an eviction action for said arrearage and possession of the premises 

would be commenced within 10 days (the “Notice”). (See Exhibit 3).

18. Landlord also demanded that the Tenant satisfy all arrearages in rent and warned that 

the full amount must be tendered, in order to satisfy the arrearage and avoid an eviction action for 

possession and damages. (Id.).

19. The Notice sent to the Tenant on May 11, 2020, was delivered to the Tenant by FedEx

at the premises and received by the Tenant on May 12, 2020. (Id.).

20. Landlord complied with all of its obligations, terms and requirements set forth in the 

Lease Agreement and Lease Amendment.

21. The Tenant breached the terms of the Lease Agreement and Lease Amendment by 

failing to pay Landlord $541,574.28 in rent, taxes, insurance and common area maintenance.

22. Landlord has incurred damage and is entitled to recovery due to the Tenant’s breach of 

the terms of the Lease Agreement and Lease Amendment.

23. Moreover, the entire amount of the Original Allowance and Additional Allowance is

immediately due and payable to Landlord. 

24. Furthermore, the Tenant unlawfully withholds possession of the premises from 

Landlord.

25. Landlord is entitled to possession of the premises, all amounts currently due and owing, 

the remaining balance of the Lease Agreement and Lease Amendment, the entire amount of the 

Original Allowance and Additional Allowance and all costs and reasonable attorneys’ fees incurred.

Case: 1:20-cv-04468 Document #: 19 Filed: 02/12/21 Page 3 of 7 PageID #:234
4

WHEREFORE, Plaintiff, Morgan Street Partners LLC, prays for the entry of judgment in its 

favor and against Defendant, Chicago Climbing Gym Company LLC, as follows:

A. Awarding $541,574.28 in actual damages for lost rent; 

B. Awarding all consequential damages incurred as a result of defendant’s failure to 

comply with the terms of the Lease Agreement and Lease Amendment;

C. Awarding plaintiff’s court costs and reasonable attorneys’ fees incurred, including those 

fees to be incurred after the filing of plaintiff’s Complaint; 

D. Awarding plaintiff possession of the premises; and,

E. For such additional relief as the Honorable Court deems appropriate under the 

circumstances.

Count II – Breach of Contract Against Brooklyn Boulders LLC 

26. Landlord repeats, re-alleges and incorporates by reference the allegations of paragraphs 

1 through 25 as and for paragraph 26 of Count II of this Complaint.

27. On or about January 15, 2013, Guarantor agreed to guaranty the obligations of the 

Tenant under the Lease Agreement with Landlord. This written agreement was set forth in the 

Guaranty of Lease incorporated with and made part of the Lease Agreement. (See Exhibit 4).

28. Specifically, the Guarantor agreed that, in the event of breach by of the Lease 

Agreement, it would fulfill any term, condition, covenant or obligation required of the Tenant under 

the Lease Agreement. (Id.).

29. Moreover, Guarantor agreed to pay reasonable attorneys’ fees and court costs in the 

event Landlord was forced to employ an attorney due to the Tenant’s breach of any term of the Lease 

Agreement. (Id.).

30. Tenant breached the terms of the Lease Agreement by failing to pay Landlord 

$541,574.28 in rent.

Case: 1:20-cv-04468 Document #: 19 Filed: 02/12/21 Page 4 of 7 PageID #:235
5

31. Moreover, the Tenant is liable for the entire amount of the Original Allowance and 

Additional Allowance under the Lease Agreement and Lease Amendment.

32. Landlord complied with all of its terms and requirements set forth in the Lease 

Agreement and Lease Amendment.

33. The Guarantor breached the terms of the Guaranty of Lease by failing to pay the 

amounts owed to Landlord by the Tenant.

34. Landlord has incurred damage and is entitled to recovery from the Guarantor due to his

breach of the terms of the Guaranty of Lease.

WHEREFORE, Plaintiff, Morgan Street Partners LLC, prays for the entry of judgment in its 

favor and against Defendant, Brooklyn Boulders LLC, as follows:

A. Awarding plaintiff $50,000.00 in actual damages;

B. Awarding plaintiff’s court costs, interest and reasonable attorneys’ fees incurred, 

including those fees to be incurred after the filing of plaintiff’s Complaint; and,

C. For such additional relief as the Honorable Court deems appropriate under the 

circumstances.

Count III – Breach of Contract Against Jeremy Balboni

35. Landlord repeats, re-alleges and incorporates by reference the allegations of paragraphs 

1 through 25 as and for paragraph 35 of Count III of this Complaint.

36. On or about January 15, 2015, Oral Guarantor orally agreed to guaranty the obligations 

of the Tenant under the Lease Agreement and Amendment with Landlord (the “Oral Guaranty”). 

37. The Oral Guarantor further agreed that, in the event of Tenant’s breach of the Lease 

Agreement, he would fulfill any term, condition, covenant or obligation required of the Tenant 

including the payment of reasonable attorneys’ fees and court costs.

Case: 1:20-cv-04468 Document #: 19 Filed: 02/12/21 Page 5 of 7 PageID #:236
6

38. The Tenant breached the terms of the Lease Agreement by failing to pay Landlord 

$541,574.28 in rent.

39. Moreover, the Tenant is liable for the entire amount of the Original Allowance and 

Additional Allowance under the Lease Agreement and Lease Amendment.

40. Landlord complied with all of its terms and requirements set forth in the Lease 

Agreement and Lease Amendment.

41. The Oral Guarantor breached the terms of the Oral Guaranty by failing to pay the 

amounts owed to Landlord by the Tenant.

42. Landlord has incurred damage and is entitled to recovery from the Oral Guarantor due to 

his breach of the terms of the Oral Guaranty.

WHEREFORE, Plaintiff, Morgan Street Partners LLC, prays for the entry of judgment in its 

favor and against Defendant, Jeremy Balboni, as follows:

A. Awarding plaintiff $541,574.28 in actual damages;

B. Awarding plaintiff for consequential damages incurred as a result of defendant’sfailure 

to comply with the terms of the Oral Guaranty;

C. Awarding plaintiff’s court costs, interest and reasonable attorneys’ fees incurred, 

including those fees to be incurred after the filing of plaintiff’s Complaint; and,

D. For such additional relief as the Honorable Court deems appropriate under the 

circumstances.

Respectfully submitted,

Morgan Street Partners LLC,

By: /s/ Michael T. Franz

One of Plaintiff’s Attorneys

Case: 1:20-cv-04468 Document #: 19 Filed: 02/12/21 Page 6 of 7 PageID #:237
7

Michael T. Franz

Sanchez Daniels & Hoffman LLP 

333 West Wacker Drive

Suite 500

Chicago, Illinois 60606

(312) 214-3043

mtfranz@sanchezdh.com

Date: February 12, 2021

Attorneys for Plaintiff

NPL 75235

Case: 1:20-cv-04468 Document #: 19 Filed: 02/12/21 Page 7 of 7 PageID #:238