Florida restaurant lease agreement template

Florida Restaurant Lease Agreement

This Florida Restaurant Lease Agreement (the "Agreement") is made and entered into as of this [Date], by and between [Landlord Name], a [Landlord Entity Type, e.g., Limited Liability Company], with a principal place of business at [Landlord Address] ("Landlord"), and [Tenant Name], a [Tenant Entity Type, e.g., Corporation], with a principal place of business at [Tenant Address] ("Tenant"). If applicable, Landlord's registered agent is [Registered Agent Name] located at [Registered Agent Address] and Tenant's registered agent is [Registered Agent Name] located at [Registered Agent Address].

1. Leased Premises

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Property Address], legally described as [Legal Property Description] (the "Premises").

The Premises are specifically designed and intended for use as a restaurant, comprising approximately [Square Footage] square feet, and includes the following:

• Dining Area(s): Including seating areas for approximately [Number] patrons.
• Kitchen and Food Prep Area(s): Equipped with [Description of Existing Equipment].
• Restrooms: Including [Number] restrooms for customers and [Number] restrooms for employees.
• Dedicated Delivery/Pickup Zone: [Description of Delivery/Pickup Zone].
• Bar/Lounge Area(s): [Description of Bar/Lounge Area].
• Patio/Outdoor Dining Space(s): [Description of Patio/Outdoor Dining Space].
• Allocated Parking: [Number] parking spaces for customers and [Number] parking spaces for employees.

2. Use of Premises

The Premises shall be used solely for the operation of a restaurant, including the preparation, service, and sale of food and beverages.

• Option A: Including alcoholic beverages, subject to the Tenant obtaining and maintaining all necessary licenses and permits from the Florida Department of Business and Professional Regulation/Division of Alcoholic Beverages and Tobacco.
• Option B: Excluding alcoholic beverages.
• Option C: Including on-site catering services.
• Option D: Including delivery and/or drive-thru/takeout services. [Specify any limitations on these services].
• Option E: [Specify any limitations on entertainment or ancillary uses such as live music or outdoor cooking].

The Tenant shall comply with all applicable Florida state and local codes, including health and sanitation regulations (Florida Department of Health, DBPR), food safety, fire code, ventilation, ADA accessibility, environmental and grease/oil disposal ordinances, and zoning restrictions for restaurant properties. Tenant shall also comply with city/county business licensing, sales tax collection and remittance (including current Florida sales tax on commercial rent), and food service permit renewals. Any special zoning or conditional use permits attached to this restaurant use are [Description of special zoning permits].

3. Term

The initial term of this Lease shall be [Number] years, commencing on [Start Date] (the "Commencement Date") and expiring on [End Date] (the "Expiration Date").

• Option A: The Tenant shall have the option to renew this Lease for [Number] additional terms of [Number] years each, provided that the Tenant gives written notice to the Landlord of its intent to renew at least [Number] months prior to the Expiration Date of the then-current term.
• Option B: Tenant shall have first right of refusal on expansion space, [Describe the space].

4. Rent

The base rent for the Premises shall be [Dollar Amount] per [Square Foot/Month/Year], payable in monthly installments of [Dollar Amount], due on the [Day] day of each month, commencing on the Commencement Date. Rent shall be paid to Landlord at [Payment Address] or such other place as Landlord may designate in writing.

• Option A: A late fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.
• Option B: Rent will increase by [Percentage]% annually.
• Option C: Rent will increase based on the Consumer Price Index (CPI) [Specify Index].
• Option D: In addition to the base rent, Tenant shall pay percentage rent equal to [Percentage]% of Tenant's gross sales exceeding [Dollar Amount] per year. Landlord shall have the right to audit Tenant's sales records upon [Number] days' written notice.

5. Security Deposit

The Tenant shall deposit with the Landlord a security deposit in the amount of [Dollar Amount]. The security deposit shall be held by the Landlord in escrow as required under Florida law and shall be returned to the Tenant within [Number] days after the Expiration Date or termination of this Lease, less any amounts necessary to cover damages to the Premises, unpaid rent, or other amounts due under this Lease.

6. Taxes and Insurance

Tenant shall pay all applicable taxes related to its business operations, including but not limited to Florida sales tax on commercial rent.

• Option A: Tenant shall be responsible for paying a proportional share of property taxes, equal to [Percentage]% of the total property taxes.
• Option B: Landlord shall pay property taxes.

Tenant shall maintain the following insurance coverages:

• Property insurance
• Business interruption insurance
• Liability insurance
• Food-borne illness liability insurance (if applicable)
• Liquor liability insurance (if applicable)
• Landlord shall be named as additional insured.

7. Common Area Maintenance (CAM)

The Tenant shall pay its proportional share of Common Area Maintenance (CAM) charges, which shall include, but not be limited to, the cost of maintaining the common areas, landscaping, parking areas, and exterior lighting. The Tenant's proportional share shall be [Percentage]% of the total CAM charges.

• Option A: CAM charges will include water, sewer, gas, electricity, trash removal, pest control, grease trap maintenance, and mechanical systems related to restaurant operations.
• Option B: CAM charges will not include [List of Excluded Items].

8. Tenant Improvements and Alterations

Tenant shall not make any alterations or improvements to the Premises without the Landlord's prior written consent, which shall not be unreasonably withheld. All alterations and improvements shall be performed in compliance with all applicable local permitting and inspection requirements.

• Option A: Any improvements become property of Landlord upon lease termination.
• Option B: Tenant can remove fixtures provided they restore the space.

9. Signage

Tenant shall be permitted to install signage on the Premises, subject to Landlord's approval and compliance with all applicable local codes. Permitted signage includes roadside signs, window signs, awnings, and menu boards.

10. Repairs and Maintenance

The Landlord shall be responsible for maintaining the structural integrity of the building, including the roof, foundation, and exterior walls. The Tenant shall be responsible for maintaining the interior of the Premises, including the plumbing, HVAC, electrical systems, grease removal, and fire safety systems, and specialty restaurant fixtures/equipment.

11. Default

The following shall constitute events of default under this Lease:

• Failure to pay rent when due.
• Failure to maintain active licenses and permits.
• Serious health or safety code violations.
• Interruption of restaurant operations for [Number] days without reasonable cause.

Upon the occurrence of an event of default, the Landlord shall have the right to terminate this Lease and re-enter the Premises.

12. Assignment and Subletting

Tenant shall not assign this Lease or sublet the Premises without the Landlord's prior written consent, which may be withheld in Landlord's sole discretion.

13. Business Interruption

In the event of a fire, hurricane, flood, or other natural disaster that renders the Premises unusable, the Tenant's obligation to pay rent shall be abated until the Premises are restored to a usable condition.

14. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through negotiation, mediation, and, if necessary, arbitration in accordance with the rules of the American Arbitration Association.

15. Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of Florida.

16. Notices

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

17. Entire Agreement

This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

18. Severability

If any provision of this Lease is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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

Landlord:

[Landlord Name]

By: [Landlord Signature]

[Landlord Printed Name]

Tenant:

[Tenant Name]

By: [Tenant Signature]

[Tenant Printed Name]