“I’m not going to be bullied”: Creek’s 19th owner vows to fight eviction

BY JENNIFER CABRERA
ALACHUA, Fla. – Axel Giaccone, owner of the Creek’s 19th restaurant located in the clubhouse of the Turkey Creek Golf Course, says Turkey Creek Golf LLC is trying to force him out of his lease; he told Alachua Chronicle, “I have a contract. There are four years left on my lease. I’m not going to be bullied – I live in this community.”
Giaccone, who lives in Turkey Creek, opened the restaurant in 2020, when there were COVID restrictions on businesses, and the restaurant only provided take-out at first. Since then, Giaccone has built it into a thriving restaurant patronized by both golfers and residents of the neighborhood. The lease was renewed for five years on January 31, 2023.
Turkey Creek Golf LLC leases the Turkey Creek Golf Course clubhouse from the Turkey Creek Master Owners Association (the homeowners’ association for Turkey Creek residents) and sub-leases the restaurant portion to Creek’s 19th; Giaccone says officers of Turkey Creek Golf started trying to push him out last September; Turkey Creek Golf says Giaccone violated the lease when Giaccone’s wife Debbie allegedly got into a physical altercation with a customer while she was intoxicated.
Turkey Creek Golf states in the eviction complaint that the incident violated the “failure of compliance with regulations” and “quiet enjoyment” clauses of the restaurant lease, “which requires that Lessee must comply with all laws.” However, no charges were filed against Debbie Giaccone following the incident.
Contrary to the assertion in Turkey Creek Golf’s legal filing, the “quiet enjoyment” clause of the lease does not require Creeks 19th to provide “quiet enjoyment” to anyone but instead lays out the responsibilities of Turkey Creek Golf during the period of the lease: the clause states that as long as Creek’s 19th satisfies its requirements under the contract, Turkey Creek Golf will provide Creek’s 19th with “the peaceable and quiet enjoyment of the [restaurant].”
Giaccone was served with a five-day eviction notice on February 1, and the business has five business days to evacuate the premises or respond; Giaccone says they’re not going anywhere until a judge orders them out.
Turkey Creek Golf LLC is also suing for damages resulting from Giaccone’s failure to deliver possession of the restaurant to them and for their costs in pursuing the eviction, including pre-judgment interest.
When asked for comment on the case, Kirsten Megraw of Scruggs, Carmichael, & Wershow, P.A., the firm retained by Turkey Creek Golf LLC, said, “In response, we would refer you to the pleadings which have been filed with the court and are public record.” She said another notice would be filed today.
Kevin Conner of Alba & Straile, the firm retained by Creek’s 19th LLC, told us, “Mr. Giaccone adamantly denies the allegations alleged in Turkey Creek’s complaint and we anticipate filing our response early next week.”
They threw out a drunk and now can be evicted due to “quiet enjoyment” being violated? I know for some time they have had another restaurant ready to move in that advertised they were moving to Turkey Creek. Should someone go there, throw a hissy fit when they move in and see if they toss them out? Are TC owners liable?
The Golf LLC has argued that the HOA could be liable if illegal behavior is known and allowed on the property. Since no charges were filed in the alleged battery, then I see that more as hearsay. That said, a bar owner should not be intoxicated within his or her own establishment period. So IF that happened, it would be a judgement error (I am not sure of FL Alcohol Law) but without a police report is irrelevant to pursue an eviction. I am not a lawyer, and I believe this will come down to lawyers interpreting the verbiage in the lease.
To Alachua County Citizen…. To be clear – the drunk that that was causing problems and attacking another party – was the coowner herself. We are not talking about an employee bouncing a drunk patron out. We’re talking about the owner being drunk and attacking a patron.
Please use your last name because the Tom K i know did NOT write this.
It begs to question what Turkery Creek is up too.
Drunks! Fights! Lawsuits! There is one common link to this aggregation of crime amidst the Good People of Turkey Creek: golf. Obviously government must outlaw golf courses to promote public peace.
Sounds like someone besides plaintiff’s attorneys are looking for some $$$$.
Hint – it’s not the current tenant.
I think we need to learn more of this story. It stinks with just one side.
That crummy HOA sure loves hiring lawyers (they live there too?)? 🤡👹🤬
The Golf Course LLC is not the HOA. So far, the HOA is not involved in the restaurant eviction action from what I read.
Someone left a Fish in the Backseat
It was for Bobby Holmes…
Perhaps Axel can open up a car wash if all else fails?
I love our community and I love Axel and What he has done for the community. Who cares what his wife did people get in arguments and fights at bars it happens. Axel has brought this community together and has done a lot. For the LLC board it’s not all about yall. Why don’t we let the community vote on it???
I believe the community will be voting daily, at the restaurant.
What Axel has done? There is a core group of neighbors that will blindly support the 19th hole no matter what happens. God bless them. They are the ones saying “it just doesn’t matter if the co-owner is trashed and starting fights”. They are the ones that know about the other fight – an employee with prior documented issues of putting her hands on other employees and causing issues – but she’ is allowed to continue working there after multiple issues because she is friends Axel outside of work. Any owner is responsible for ensuring a safe workspace. This owner does not seem to agree. As someone has said – “it will all come out in the end”
I’ve spent years working for Axel and he has always been the most respectful and honest person. He has on countless occasions been there for me and the community without hesitation. Whether it was catering memorials, weddings, parties or golf tournaments, Axel is a hands on person who would do anything for anyone without questioning. I really hope the law sees through the allegations and sees how amazing Axel is for this Space and Community. Over the years Axel has designed the restaurant to benefit the community, golfers, and workers. He has personally put in countless hours and 12 hour days in all roles; Chef, Bartender, Owner, Manager, and server the man is dedicated. The community needs someone as dedicated as him. In all my years working in the restaurant I have never seen or heard from the LLC members. Axel should be the primary owner if you ask me, because he has everyone’s best interest in his heart.
Wow he accomplishes all that from the golf course?? He must be a whiz at multitasking…. If that’s the case they should never be out of anything. If a restaurant owner had that much spare time to take in a hole, two or 18 in a day the restaurant should be clean – no repeat violations for cleanliness and never run out of anything- just saying.
TC resident, you are right, one time I was taking a big dump, and they were out of toilet paper. So, I had to go into the kitchen and get some dish towels, but I put them back, after I used them, so no one could accuse me of stealing.
Hello I used to work for axel for about 3& 1/2 years and from my experience I can just say that creeks 19th is not just a restaurant it’s a home , it’s where the residents can go after a bad day or if they just want to get out of the house. Creeks 19th and it’s customers are more like family than just regular bar patrons . As a server that used to work there I can promise you that if you take this restaurant , the community will not be the same . It has turned neighbors that don’t even know each other to people who are best friends ! It has given the community of Turkey creek a place to be completely themselves and knowing they know they won’t be judged while doing so . Axel and Debbie are great owners and love their community of Turkey creek .
I’m going to guess you haven’t been working there recently say 8 months to a year??? I’m also going to guess that every time you got to work the first thing you did was ask the kitchen what they’re out of.
Actually no I asked what was our specials because creeks 19th has daily amazing specials !
I respect your loyalty but that doesn’t always equate to reality unfortunately.
Fact-owners wife assaulted a customer, this person didn’t want to press charges so there is no arrest record (boyfriend is friends ish with axel and we personally know them)
Fact-2 employees got in a physical altercation which lead to an arrest of the aggressor.
Fact-aggressor arrested had already assaulted prior employee and nothing was done
Fact-restaurant constantly out of food, condiments etc. while owner golfs.
Fact-lease requires restaurant to have different specials every week (that’s not happening)
I do agree there needs to be an open restaurant in this community, it’s a wonderful opportunity for someone who will appreciate and understand that it is very uncommon to have an establishment inside the gates of 2000 homes and possible customers. The convenience is wonderful but when you feel taken advantage of because nothing ever changes with the menu or constantly being out of food because you’re too busy golfing you tend to want to bring your money elsewhere. Or better yet spend your money with someone who’s not going to take advantage of the situation.
There have been a slew of posts on Nextdoor singing the praises of Creeks 19th Trivia. Does the positive trivia feedback truly help to over shadow the poor management and lack of self control shown time after time of the Creek’s 19th owners? Is it honest feedback if you are given extra points towards your trivia score for posting positive feedback? Would a patron who gave honest feedback that wasn’t so great receive the same amount of points towards their trivia score as someone who only gave flattering remarks? If all the owner’s efforts to save face would have been put towards the restaurant we would have a country club worthy establishment.
I am not a member of the TC community but do play golf there frequently and witnessed the former employee put her hands on another employee. I WATCHED Axel walk away from the BLEEDING employee who was asking for help. MULTIPLE times! When the employees efforts for help from HER BOSS were not met, she chose to call the police. She repeatedly tried to walk up to him and he kept turning his back and grabbing drinks (for himself and his friends) from the bar. I was shocked to say the least. Axel was morally and legally in the wrong.
Guess he doesn’t want to be bullied but it’s ok if his staff is.
If a customer puts their hands on an employee I imagine that they would be banned from the restaurant. Why is the spouse who assaulted a paying customer still seen at the restaurant enjoying her glasses of wine as if nothing ever happened? Is it because she’s an owner or because there wasn’t a police report filed?
Why would an employee think it’s ok to assault a fellow co-worker during business hours of operation? Has the owner created an environment where it is believed that violence is tolerated because there are no consequences?