malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)

Citation: malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)
Parent Document: malone 118 main st v hugos restaurant, No. 23-cv-1881 (Vt. Super. Ct. 2026)
Jurisdiction: Vermont (state)
Effective Date: 2026-03-30
Original Source: https://www.vermontjudiciary.org/media/20130 ↗

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negotiating a lease agreement.1 Defendants were seeking to open a new restaurant in the 118
Main Street property, which at the time had become vacant. Plaintiff was looking to rent the
commercial space to a business. In November 2021, the parties finalized and executed a
commercial lease, which Defendants have submitted as Exhibit A to their motion. Plaintiff does
not dispute that this is a true and accurate copy of their final agreement. There is no dispute that
the Exhibit A Lease was the governing document when the commercial relationship began and
Defendants started occupancy of the property in 2022.2
The Exhibit A Lease is comprised of 9 pages. The first four contain 22 sections, laying
out the terms and conditions of the parties’ agreement. Pages five through seven contain
signatures and guarantees. The last two pages contain drawings and plans for demolition and
renovation of the property allocating work and costs between Landlord and Tenant.
The term of the Lease ran for five years, from March 1, 2022 to February 2027. Tenants
agreed to pay a minimum annual rent of $66,000 in monthly installments, subject to 2.5% annual
increases over the life of the tenancy. The premises are described as the first and second floors
and basement of the 118 Main Street property consisting of 7,780 +/- sq. ft.3
Under Section 5, the Lease lays out the “Operating Costs and CAM.” CAM costs stands
for “Common Area Maintenance” costs. That term is defined in Section 5(d) to “include, but not
be limited to, property taxes assessed on the Premises, insurance premiums, total costs for
operating, repairing, lighting, cleaning, maintaining, painting, securing and managing the
Premises and other costs generally associated with common area maintenance together with an
administrative fee equal to (5%) five percent of the total CAM costs.” Ex. A (Lease) at § 5(d).

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