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.
Nicole Guralny, Esq.
cc: The Board of Directors