Alaska restaurant lease agreement template

Alaska Restaurant Lease Agreement

This Alaska Restaurant Lease Agreement (the “Agreement”) is made and entered into as of this [Date], by and between [Landlord Name], residing at [Landlord Address] (“Landlord”), and [Tenant Name], residing at [Tenant Address] (“Tenant”).

Premises:

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain real property located at [Property Address], legally described as [Legal Description] (the "Premises"). The Premises includes [Square Footage] square feet and has a seating capacity of approximately [Seating Capacity].

Option B: The Premises consist of the following specific areas and features: kitchen, dining areas, storage, restrooms, bar/service stations, exterior features (patio, parking, dumpster area).

Description of restaurant-specific spaces: [Description of Spaces]

The Premises includes the right to use the following: walk-in coolers/freezers, grease traps, ventilation systems, loading zones, and dedicated parking for customers or deliveries.

Exclusive use areas: [Description of exclusive use areas]

Non-exclusive use areas: [Description of non-exclusive use areas]

Permitted Use:

Option A: The Premises shall be used and occupied solely for the purpose of operating a restaurant.

Option B: The Premises shall be used and occupied solely for the purpose of operating a [Restaurant Type/Cuisine] restaurant.

The Tenant shall not convert the Premises to non-food uses or unauthorized subleasing.

Restrictions on operating hours: [Operating Hours]

Restrictions on types of food and beverage service: [Food and Beverage Restrictions]

Restrictions on sale of alcohol: [Alcohol Sale Restrictions]

Restrictions on live entertainment: [Live Entertainment Restrictions]

Restrictions on drive-throughs: [Drive-Through Restrictions]

Compliance with all applicable Alaska state, local, and federal laws on restaurant operations, food safety, health codes, ADA accessibility, liquor licensing (if applicable), fire marshal regulations, commercial waste handling, and environmental protection is required.

Lease Term:

Option A: The term of this Lease shall commence on [Commencement Date] and shall expire on [Expiration Date].

Option B: The Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration] each, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] days prior to the expiration of the then-current term.

Holdover Rent: [Holdover Rent Amount or Percentage]

Early Termination Conditions: [Early Termination Conditions]

Requirements triggered due to public health emergencies or regulatory shutdowns: [Requirements]

Rent:

Base Rent: The base rent shall be [Dollar Amount] per month, payable in advance on the [Day] of each month.

Escalation Clause: [Escalation Clause Details]

Percentage Rent (if applicable): [Percentage Rent Details]

Additional Rent: [Additional Rent Details, e.g., CAM Charges]

Alaska Tax on Commercial Leases: [Tax Details]

Utilities: Tenant shall be responsible for payment of all utilities, including but not limited to gas, water, and electricity. Separately metered kitchen utilities: Gas [Yes/No], Water [Yes/No], Electricity [Yes/No]. Grease/oil reclamation: [Grease/Oil Reclamation Details]

Waste Disposal: [Waste Disposal Responsibility]

Pest Control Costs: [Pest Control Cost Responsibility]

Procedures for setting and adjusting charges: [Procedures]

Security Deposit:

Tenant shall deposit with Landlord a security deposit in the amount of [Dollar Amount].

Alaska Statutory Limits on Deposits: The security deposit shall comply with all applicable Alaska statutes regarding security deposits.

Interest Treatment (if applicable): [Interest Treatment Details]

Return/Withholding Conditions: [Return/Withholding Conditions]

Repair and Maintenance:

Option A: Landlord shall be responsible for maintaining the structural components of the Premises, including the roof, foundation, and exterior walls. Tenant shall be responsible for all other repairs and maintenance.

Option B: Landlord Responsibilities: [Landlord Responsibilities]; Tenant Responsibilities: [Tenant Responsibilities]

Responsibilities for kitchen exhaust/ventilation: [Responsibility Details]

Responsibilities for plumbing (including grease traps): [Responsibility Details]

Responsibilities for fire suppression systems: [Responsibility Details]

Responsibilities for walk-in units: [Responsibility Details]

Responsibilities for HVAC: [Responsibility Details]

Responsibilities for hood cleaning: [Responsibility Details]

Responsibilities for sanitation equipment: [Responsibility Details]

Responsibilities for dining/bar furniture: [Responsibility Details]

Responsibilities for ADA improvements: [Responsibility Details]

Responsibilities for pest/infestation remediation: [Responsibility Details]

Compliance with Alaska Department of Environmental Conservation (ADEC) food establishment requirements is required.

Tenant Improvements:

Option A: Tenant shall have the right to make restaurant-specific improvements to the Premises with Landlord's prior written approval.

Option B: [Specific Tenant Improvement Details, including required approvals]

Kitchen build-out: [Specific requirements]

Equipment installation (stoves, ovens, ventilation hoods, beverage lines): [Specific requirements]

Signage: [Specific requirements]

Patio, drive-through, or pick-up windows: [Specific requirements]

Design approval process: [Design approval process details]

Contractor requirements: [Contractor requirements details]

Permitting: [Permitting requirements details]

Insurance: [Insurance requirements details]

Lien Waivers: [Lien Waivers requirements details]

Restoration of Premises:

Tenant shall restore the Premises to its original condition upon the expiration or termination of this Lease, reasonable wear and tear excepted.

Removal/Disposal of Tenant Equipment/Furniture: [Specific Requirements]

Remediation of Restaurant-Specific Wear or Contamination: [Specific Requirements]

Ownership of Permanent Fixtures vs. Trade Fixtures: [Ownership Details as per Alaska Law]

Exclusive Use and Prohibited Uses:

Option A: Landlord agrees that no other tenant in the building shall operate a [Restaurant Type/Cuisine] restaurant.

Option B: [Specific Exclusive Use Details]

Prohibited Uses by Other Tenants: [Specific Prohibited Use Details]

Rights Relating to Shared Exterior Features: [Specific Rights Details]

Insurance:

Tenant shall maintain the following insurance coverage: mandatory liability coverage, property casualty, business interruption insurance (including regulatory shutdown scenarios), liquor liability (dram shop laws if alcohol served) and naming Landlord as additional insured.

Specific Insurance Requirements: [Specific Insurance Requirements]

Emergency Procedures:

Fire and evacuation plans: [Fire and evacuation plan details]

Emergency equipment maintenance: [Emergency equipment maintenance details]

Compliance with Alaska fire code and applicable local fire department inspection requirements: is required.

Backup power provisions for food safety: [Backup Power Provisions]

Health Inspections:

Tenant shall comply with all health inspections conducted by Alaska and municipal health authorities.

Procedures for addressing code violations: [Procedures]

Landlord or Health Department Right of Entry: [Right of Entry Details]

Assignment and Subletting:

Option A: Tenant shall not assign this Lease or sublet the Premises without Landlord's prior written consent.

Option B: [Specific Assignment and Subletting Details]

Regulatory Complaints, Citations, or Lawsuits:

Notification Protocol: [Notification Protocol Details]

COVID-19 and Public Health Regulations:

Tenant shall comply with all applicable state and local COVID-19 or public health regulations.

Business Interruption: [Business Interruption Details]

Tenant Signage: [Signage Requirements]

Rent Adjustments: [Rent Adjustment Details]

Waste Management:

Tenant shall comply with all local ordinances regarding trash, waste, and infectious waste management.

Grease/Oil Trap Maintenance: [Grease/Oil Trap Maintenance Details]

Pest Control Requirements: [Pest Control Requirements Details]

Utility Interruptions:

Rent Abatement or Termination Conditions: [Specific Conditions]

Default and Remedies:

Alaska-Specific Remedies and Procedures: [Specific Remedies Details]

Cure Periods: [Cure Period Details]

Rights of Re-Entry: [Rights of Re-Entry Details]

Mitigation Requirements: [Mitigation Requirements Details]

Landlord Liens: [Landlord Liens Details as allowed by Alaska Law]

Governing Law and Dispute Resolution:

This Lease shall be governed by the laws of the State of Alaska.

Dispute Resolution: [Dispute Resolution Procedures]

Government Permits and Approvals:

Tenant shall be responsible for obtaining all required government permits and approvals for the operation of the restaurant.

Action steps if new laws affect business: [Action steps]

Zoning and Conditional Use Permits:

Compliance with local municipal zoning or B-1; B-3 zoning and conditional use permit requirements for restaurants is required.

Signage:

Allowed signage types, banners, and menu board approvals: [Signage details]

Code Compliance Upgrades:

Allocation of Cost and Process for Compliance Upgrades: [Allocation Details]

Equipment and Fixtures:

List of Restaurant Equipment/Fixtures to be Transferred, Leased, or Installed: [List]

Disposition at Lease End: [Disposition Details]

Settlement Processes:

Asset and Monetary Settlement Processes: [Details]

Licenses:

Landlord's Requirements for Proof of Business and Food Service Licenses: [Requirements]

Local Tax Withholding:

Specify any local tax withholding requirements: [Requirements]

Business Hours:

Permitted and Prohibited Business Hours: [Details]

Indemnification:

Tenant shall indemnify the Landlord against damages from food operations, oil/grease spills, or on-premise injuries.

Environmental Cleanup:

Outline process for environmental cleanup: [Process Details]

Unique Alaska Requirements:

Alaska Insurance, Property Damage, Earthquake/Seismic, or Disaster Requirements: [Requirements]

Local weather resilience for heating, roofs, and snow/ice management: [Requirements]

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Landlord Name]

By: [Landlord Signature]

[Tenant Name]

By: [Tenant Signature]