Yet another Notice sent from the Sun City Anthem
attorney to Cafe V.
Once again, we believe all of you are fully
entitled to this information.
Via Hand Delivery
and U.S.
Mail
December 15,
2015
Anthem Restaurant Partners,
LLC
2450 Hampton
Road
Henderso, NV
89052
Notice of Termination
of Utility Services
To Whom It May Concern:
Please be advised that that this firm serves as legal counsel
for the Sun City Anthem Community Association, Inc. (“Association”). The
Association’s Board of Directors (“Board”) has authorized and instructed this
office to correspond with you. The purpose of this letter is to formally notify
you that should Anthem Restaurant Partners, LLC d/b/a Vic’s and d/b/a Art of
catering by Vic Vegas (“ARP”) fail to remit full payment of the outstanding
balance for utilities in the amount of $31,623.28, which have been paid for by
the Association within five (5) days of the date of this letter the Association
shall be terminating/turning-off the utility services to the premises located at
2450 Hampton Road, Henderson, NV 89052.
As you were previously notified in the Association’s legal
counsel’s letter of November 16, 2015, ARP is in default of the Lease Agreement
between the Association and ARP for the property located at 2450 Hampton Road,
Henderson, NV 89052, more fully described in the Lease, as follows:
That certain demised premises more
commonly known as 2450 Hampton Road, Henderson, NV 89052 (the “Lease Premises”)
in the Building as indicated by the floor plan (the “Floor Plan, Exhibit E” of
the Lease). The Leased Premises consists of a restaurant facility located within
the Anthem Center containing: (i) approximately three thousand two hundred
seventy one (3,271) square feet in ding room and lounge area, together with all
fixtures, furniture and equipment belonging or appertaining thereto, and
including the patio area located immediately adjacent to the dining room; and
(ii) approximately four thousand two hundred twenty (4,220) square feet in
kitchen area, together with all storage areas and attached equipment and
accessories attached to the Lease as Exhibit B. (hereinafter referred to as the
Premises)
As you should be aware and were notified
in the November 16, 2015 letter from the Association’s legal counsel, ARP is
liable for its usage of the Utilities under Section 12 of the Lease, which
provides as follows:
Landlord
shall arrange for and shall promptly pay when due all reasonable charges for
gas, electricity, heat, sewage, water, HVAC and other utilities and services
furnished to the Leased Premises during the Term and use by Tenant in the
ordinary course of business and for the Permitted Use. Upon Tenant’s possession
of the premises Landlord shall provide separate metering for gas, electricity
and water utilities to monitor Tenant usage based on the use of the Premises for
Tenant’s business operations. Based upon the separate meters Landlord shall
invoice Tenant for the cost of such gas, electricity and water utilities
(collectively, Utilities) for each month for the Term of the Lease. Tenant shall
make payment to the Landlord for each Utility charge within fifteen (15) days of
receipt of such invoice.
As you were made aware in the 11/16/2015 letter from the
Association’s legal counsel, and most recently in the Five Day Notice to Quit or
Cure Default of Lease Agreement, ARP is delinquent in its payment of invoiced
and past due utilities, including Republic Services charges. ARP has failed to
remit payment for it usage of the utilities and remains in default of the Lease
Agreement. As of the date of this notice the outstanding
balance is in the amount of $31,623.28.
Pursuant to Section 26.02 of the Lease Agreement, in the
event of a default of the Lease Agreement the Association shall have:
a) The right to declare the term of this
Lease ended and reenter the Leased Premises and take possession thereof, and to
terminate all of the rights of Tenant in and to the Leased Premises. (Emphasis
added).
If ARP fails to remit full payment as so specified not only will
the term of the Lease be deemed to be ended and unlawful detainer proceedings be
initiated, but ARP’s rights that the Association
arrange for gas, electricity, heat, sewage, water, and HVAC shall also be
terminated.
Accordingly, should ARP fail to remit
payment to our office in the full amount of $31,623.28 within five (5) days of
this notice the Association shall terminate all utility services to the
Premises.
Your immediate attention to this matter is required. The Association is no longer willing continue to pay for ARP’s
utility usage, and will no longer accept any further delays on the part of ARP
in failing to meet its obligations. If you should wish to discuss this
issue further please contact our office. Please be forewarned that no extensions
will be granted.
Sincerely,
Nicole Guralny, Esq.
NG/cc
cc: The
Board of Directors
Dick - I read with great joy about the eviction notice that was FINALLY issued to the restaurant.
But I have a question:
IF the current occupants due, in fact, vacate, how can we prevent the theft of restaurant equipment THAT WE PAID FOR when the occupants make their hasty exit??????
Prior to this tenant, the last one drove a truck up the back door and began "cleaning the place" DRY.
He got caught, but all the merchandise was supposedly never retrieved.
When the question was brought up about filing a criminal charge, I believe the board took no action.
Typical !
Anyone out there want to volunteer to keep an eye out ????
If you haven't figured it out by now, normal practice is "normallly" absent in Sun City Anthem decision making.
Your question has been on the minds of many.
Every board has adopted the original Del Webb policy that provided equipment, as well as it's repair, in every lease agreement.
It has never made a lick of sense to anyone who has ever rented office space.
Make sure you read our series of articles looking back at 2015 that will start on Monday, December 21st. There is lots to say about how decisions have been made and those who made them.