Georgia restaurant lease agreement template

Georgia Restaurant Lease Agreement

This Restaurant Lease Agreement (the “Agreement”) is made and entered into as of this [Date] by and between [Landlord Legal Name], residing at [Landlord Address] (“Landlord”), and [Tenant Legal Name], residing at [Tenant Address] (“Tenant”). If applicable, [Landlord/Tenant Registered Agent Name] is the Registered Agent for [Landlord/Tenant Legal Name] located at [Registered Agent Address].

Property Description

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises located at [Property Address], Suite/Unit # [Suite Number], consisting of approximately [Square Footage] square feet (the “Premises”) in the building type: [Building Type]. The Premises includes the following restaurant-relevant features:

• Kitchen: [Description of Kitchen Area]
• Dining Area: [Description of Dining Area]
• Bar: [Description of Bar Area]
• Storage: [Description of Storage Area]
• Restrooms: [Location of Restrooms]
• Outdoor Seating/Patio: [Description of Outdoor Seating/Patio Area]
• Parking Spaces: [Number of Parking Spaces]
• Drive-Thru: [Yes/No]
• Grease Traps: [Number and Location of Grease Traps]
• Ventilation Systems: [Description of Ventilation Systems]

Use of Common Areas

Tenant shall have the following rights and be subject to the following restrictions regarding common areas:

• Option A: Tenant shall have the right to use common areas in common with other tenants and subject to Landlord’s rules and regulations.
• Option B: Tenant shall have exclusive rights to [Specify Common Area].

Shared Facilities: [Description of Shared Facilities and Usage Terms]

Customer Parking Spaces: [Number and Location of Designated Customer Parking Spaces]

Delivery/Loading Zones: [Location and Usage Terms of Delivery/Loading Zones]

Signage:

• Option A: Exclusive right to exterior signage at [Location].
• Option B: Non-exclusive right to exterior signage subject to Landlord approval.

Permitted Use

The Premises shall be used solely for the purpose of operating a restaurant and food service business, specializing in [Cuisine Type] cuisine, with a service style of [Dine-in/Carry-out/Drive-thru].

• Option A: Permitted Activities: [List Permitted Activities]
• Option B: Prohibited/Restricted Activities: [List Prohibited or Restricted Activities, e.g., Live Entertainment Restrictions, Late-Night Service Restrictions, Alcohol Service Parameters].

Tenant shall comply with all applicable local zoning ordinances and permitting requirements.

Compliance with Laws

Tenant shall comply with all applicable Georgia state statutes (including O.C.G.A. Title 44), local county and municipal codes, health department regulations, food safety rules, fire codes, ADA accessibility requirements, and ongoing licensure requirements, including food service permits and alcohol sales licenses (if applicable).

• Option A: Landlord shall cooperate with Tenant in obtaining necessary licenses.
• Option B: Tenant is solely responsible for obtaining all necessary licenses.

Exclusive Use Rights

• Option A: Exclusive use rights within a [Radius] radius for [Specific Cuisine].
• Option B: Non-exclusive use rights.

Landlord agrees not to lease adjoining space to a direct competitor of Tenant.

Tenant shall not cause a public nuisance.

Lease Term

The lease term shall commence on [Start Date] and expire on [End Date].

• Option A: Renewal Options: Tenant shall have the option to renew for [Number] additional term(s) of [Length of Renewal Term] years each.
• Option B: Early Termination: Tenant shall have the right to terminate early subject to [Conditions for Early Termination].

Termination due to business interruption: [Provisions for Termination Due to Health Code Shutdown, Condemnation, or Governmental Restrictions]

Rent

The base rent shall be [Dollar Amount] per month, payable in advance on the first day of each month.

• Option A: Percentage Rent: In addition to base rent, Tenant shall pay [Percentage]% of gross sales.
• Option B: Annual Rent Escalation: Base rent shall increase annually by [Percentage]% or according to the CPI.

Tenant is responsible for all Georgia-specified sales or excise taxes.

Common Area Maintenance (CAM)

Tenant shall pay its pro rata share of CAM charges, which shall include [List of CAM Charges].

Security Deposit

Tenant shall deposit a security deposit of [Dollar Amount], to be held and used in accordance with Georgia law.

Operating Hours

Tenant shall operate the restaurant during the following hours: [Operating Hours].

Tenant shall remain open a minimum of [Number] days/hours per week.

Tenant Improvements

Landlord shall provide a tenant improvement allowance of [Dollar Amount].

• Option A: Landlord shall complete the following build-out work: [List of Build-Out Work].
• Option B: Tenant is responsible for all tenant improvements.

Approval procedures for renovations or alterations: [Description of Approval Procedures]

Restoration Requirements at Lease End: [Description of Restoration Requirements]

Repair and Maintenance

Tenant is responsible for the repair and maintenance of [List of Tenant Responsibilities].

Landlord is responsible for the repair and maintenance of [List of Landlord Responsibilities].

Insurance

Tenant shall maintain commercial general liability insurance, property insurance, and fire insurance with minimum limits of [Dollar Amount]. If applicable, Tenant shall also maintain liquor liability insurance.

Incident Reporting

Tenant shall report all fire, equipment breakdown, food spoilage, or pest infestation incidents to Landlord and comply with Georgia Department of Public Health reporting/closure standards.

Indemnification

Landlord and Tenant shall indemnify and hold each other harmless to the extent permitted by Georgia law.

Health Inspections

Tenant shall comply with all health inspections and be responsible for re-inspection costs.

Subletting and Assignment

Tenant shall not sublet or assign this Lease without Landlord’s consent, which shall not be unreasonably withheld.

• Option A: Transfer of Lease with Sale of Business: [Conditions for Transfer of Lease with Sale of Business].
• Option B: Landlord’s Rights Concerning Consent: [Description of Landlord’s Rights Concerning Consent].

Default and Remedies

In the event of a default, the non-defaulting party shall have the remedies available under Georgia law, including the right to cure lease violations and dispossessory proceedings.

Move-In and Move-Out

Tenant shall surrender the Premises in the condition required by Georgia law and this Agreement, including cleaning standards and removal of tenant equipment.

Compliance with Requirements

Tenant shall comply with all federal, state, county, and city requirements affecting restaurant use, including Georgia’s smoking ban, food handler certification, and any local ordinances.

Tax Responsibilities

Tenant is responsible for all Georgia State and local sales tax collection and personal property tax.

Dispute Resolution

Any dispute arising out of this Agreement shall be resolved through [Negotiation/Mediation/Litigation] in accordance with Georgia law.

Property Inspections

Landlord and Tenant shall participate in periodic property inspections by health or fire authorities.

Signatures

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

[Landlord Legal Name]

By: [Landlord Signature]

Name: [Landlord Printed Name]

Title: [Landlord Title]

[Tenant Legal Name]

By: [Tenant Signature]

Name: [Tenant Printed Name]

Title: [Tenant Title]

Notary Public

State of Georgia, County of [County Name]

Signed and sworn to before me this [Date] day of [Month], [Year].

____________________________
Notary Public

My Commission Expires: [Expiration Date]

Addendum Index

• Addendum A: [Description of Addendum A]
• Addendum B: [Description of Addendum B]