Sun City Anthem

Wednesday, December 16, 2015

What the Sun City Anthem Attorney Prepared...and...had Served to Vic's Cafe

Anthem Opinions was able to obtain a copy of the notice delivered to Vic's Cafe on December 15, 2015.
This is a copy of that notice.
We believe all Sun City Anthem Residents are entitled to this information.
To:  Anthem Restaurant Partners and/or Occupants
        2450 Hampton Road
        Henderson, Nevada 89052
PLEASE TAKE NOTICE that you are in default of the Lease Agreement between Sun City Anthem Community Association (the "Association") and Anthem Restaurant Partners, LLC d/b/a Vic's and d/b/a Art of Catering by Vic Vegas ("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 in the floor plan (the "Floor Plan, Exhibit E" of the Lease).  The Lease 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 dining 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 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 of the 11/16/2015 letter from the Association's legal counsel ARP is delinquent in its payment of invoiced and past due utilities, included Republic Services charges.  ARP has failed to remit payment 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.
YOU ARE FURTHER NOTIFIED that is ARP fails to cure the default of the Lease and remit payment of the full amount as stated herein to the Association's legal counsel at the address stated below within five (5) days of this Notice, you will be deemed guilty of an unlawful detainer, and immediate legal action will be brought against you for recovery of possession of the Premises, for any damages caused to the Premises, and for attorneys' fees and costs.
DATED this 14th day of December, 2015.
            By:   NICOLE GURALNY, ESQ.
                     Nevada Bar No. 7727
                     8945 W. Russell Road, Suite 330
                     Las Vegas, NV 89148
                     Phone: (702) 538-9074
                     Attorneys for Association

cc:  Sun City Anthem Community Association

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