Idaho restaurant lease agreement template

Idaho Restaurant Lease Agreement

This Idaho Restaurant Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord Name], residing at [Landlord Address], ("Landlord"), and [Tenant Name], a [Tenant Entity Type] with its principal place of business at [Tenant Address], ("Tenant"). If Tenant is a corporation or LLC, its registered agent is [Registered Agent Name] at [Registered Agent Address].

1. Premises

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

Option B: The Premises, as depicted in Exhibit A (attached hereto), consists of approximately [Square Footage] square feet of interior space and [Exterior Square Footage] square feet of exterior space, including the following areas: [List of areas, e.g., Dining Area, Kitchen, Bar, Storage, Outdoor Seating]. The Premises includes a grease trap located at [Grease Trap Location]. Idaho health and fire code-certified occupancy limits are [Occupancy Limit] people.

2. Use of Premises

Option A: The Premises shall be used and occupied solely for the purpose of operating a restaurant and related food and beverage services (the "Permitted Use"). This includes [List specific uses, e.g., Dine-in service, Take-out, Delivery].

Option B: The Permitted Use expressly includes/excludes [catering, curbside pickup, alcohol service]. Tenant shall not use the Premises for any other purpose without Landlord's prior written consent. Tenant shall not sublease or assign this Lease without Landlord’s prior written consent. Tenant shall comply with all applicable Idaho state, county, and municipal laws, regulations, and ordinances, including but not limited to licensing, health (Idaho Food Code), fire (Idaho State Fire Marshal), alcohol (Idaho State Liquor Division), signage, and zoning requirements.

3. Licenses and Permits

Option A: Tenant shall be solely responsible for obtaining and maintaining all necessary state, city, and county licenses and permits required to operate the restaurant, including but not limited to business licenses, food service permits, and alcohol licenses.

Option B: Tenant shall provide copies of all such licenses and permits to Landlord upon request. Failure to maintain valid licenses and permits shall constitute a breach of this Lease. This includes compliance with Idaho State Tax Commission requirements.

4. Lease Term

Option A: The term of this Lease shall commence on [Commencement Date] and shall expire on [Expiration Date] (the "Term").

Option B: Tenant shall have the option to renew this Lease for [Number] additional terms of [Length of Renewal Term] each, provided that Tenant provides Landlord with written notice of its intent to renew at least [Number] days prior to the expiration of the initial Term or any renewal term.

Option C: Either party may terminate the lease early with a [Number] day notice, complying with Idaho Code § 6-303.

5. Rent

Option A: Tenant shall pay Landlord base rent in the amount of [Dollar Amount] per month (the "Base Rent"), payable in advance on the [Day] day of each month, commencing on [Date].

Option B: In addition to the Base Rent, Tenant shall pay Landlord percentage rent equal to [Percentage]% of Tenant's gross sales exceeding [Dollar Amount] in any calendar year. Gross sales shall be defined as all revenue generated from the sale of goods and services at the Premises.

Option C: Tenant shall also pay common area maintenance (CAM) charges estimated at [Dollar Amount] per month.

Option D: Security Deposit of [Dollar Amount] will be held according to Idaho law.

6. Taxes and Utilities

Option A: This is a Triple Net (NNN) Lease. Tenant shall pay all real property taxes attributable to the Premises, including its proportionate share of Idaho ad valorem taxes. Tenant shall also pay for all utilities used at the Premises, including water, sewer, gas, electricity, trash, used oil/grease disposal, internet, and pest control.

Option B: This is a Gross Lease. Landlord shall pay all real property taxes and utilities, except for [List utilities Tenant is responsible for], which Tenant shall pay directly.

Option C: Payments shall be made [Payment Method] by [Due Date]. Late charges of [Late Charge Amount or Percentage] will be applied.

7. Maintenance and Repair

Option A: Landlord shall be responsible for maintaining the structural integrity of the building, including the roof, foundation, and exterior walls. Tenant shall be responsible for maintaining the interior of the Premises, including all equipment and fixtures.

Option B: Tenant is responsible for plumbing sufficient for a commercial kitchen, grease trap/interceptor, hood/ventilation/ANSUL fire suppression, refrigeration, walk-in/freezer, drive-thru window, HVAC, restrooms, ADA compliance for public accommodations, fire extinguishers, and fire suppression system inspections and servicing interval per Idaho law.

Option C: The landlord shall maintain the parking lot and any outside areas.

8. Tenant Improvements

Option A: Tenant may make improvements to the Premises with Landlord's prior written approval. All improvements shall become the property of Landlord upon the expiration or termination of this Lease.

Option B: Landlord shall contribute up to [Dollar Amount] towards the cost of Tenant Improvements.

Option C: Restoration duties at end of lease will be as follows: [Describe Restoration Duties].

9. Inspection and Access

Option A: Landlord shall have the right to enter the Premises at reasonable times to inspect the Premises and to make necessary repairs.

Option B: Landlord shall provide Tenant with [Number] hours' notice prior to entering the Premises, except in cases of emergency.

Option C: Landlord can enter the premises to ensure health and safety code compliance.

10. Food Safety and Sanitation

Option A: Tenant shall maintain the Premises in a clean and sanitary condition and shall comply with all applicable health codes and regulations.

Option B: Tenant shall implement a pest control program and maintain a schedule for grease trap servicing.

Option C: Tenant is responsible for food safety, pest control, sanitation maintenance, grease trap servicing schedules, and a response plan for health department citations or closures.

11. Insurance

Option A: Tenant shall maintain liability insurance with an Idaho-licensed carrier in an amount not less than [Dollar Amount] per occurrence for bodily injury and property damage. Tenant shall also maintain property insurance for its leasehold improvements and equipment.

Option B: Tenant shall provide Landlord with proof of insurance coverage upon request. Tenant shall also maintain workers' compensation insurance as required by law. This includes foodborne illness, liquor liability, slip-and-fall, fire/casualty, equipment, and environmental contamination coverage.

12. Parking and Signage

Option A: Tenant shall have the exclusive/non-exclusive right to use [Number] parking spaces.

Option B: Tenant may install signage on the exterior of the building, subject to Landlord's approval and compliance with local ordinances.

Option C: Signage placement must be in compliance with Idaho and local code. Exhaust vent routing and noise/odor control requirements must be met.

13. Default

Option A: If Tenant fails to pay rent when due or breaches any other provision of this Lease, Landlord may terminate this Lease after providing Tenant with written notice and an opportunity to cure the default.

Option B: Landlord’s remedies for default include eviction, damages, and any other remedies available under Idaho law.

Option C: Landlord has rights on abandonment, surrender of possession, and terms for property return at lease end, including treatment of fixtures, tenant-owned equipment, and leased property (such as POS devices, hood systems, or furniture).

14. Force Majeure

Option A: Neither party shall be liable for any delay or failure to perform its obligations under this Lease due to force majeure events, such as fire, flood, or government-ordered closure.

Option B: In the event of a casualty, rent shall be abated or this Lease may be terminated, as per Idaho law.

Option C: The process for restoration or adjustment shall be: [Describe process].

15. Dispute Resolution

Option A: Any dispute arising out of or relating to this Lease shall be resolved through mediation in Idaho. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration.

Option B: This Lease shall be governed by and construed in accordance with the laws of the State of Idaho.

Option C: Idaho law and courts are the governing law/jurisdiction. Allocation of attorney’s fees will be: [Describe Allocation].

16. General Provisions

Option A: This Lease constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Option B: This Lease may be amended only by a written instrument signed by both parties.

Option C: This agreement is compliant with Idaho’s Statute of Frauds (writing, signature requirement), authority and representation warranty, waiver and severability, amendment in writing only, and notice provisions with Idaho address of record for each party.

17. Indemnification

Option A: Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, and liabilities arising out of Tenant's use of the Premises.

Option B: This indemnification includes claims arising from tenant’s restaurant operations, food service, alcohol service, and customer injury, in line with Idaho public safety statutes.

18. Compliance with Laws

Option A: Tenant shall comply with all applicable laws, regulations, and ordinances.

Option B: Tenant’s continued compliance with all new Idaho licenses, regulations, or tax changes throughout the lease is required.

Option C: Landlord and tenant have notice, cooperation, or expense responsibilities for property tax reassessment, utility interruptions, or city-mandated improvements: [Describe responsibilities].

19. COVID-19/Infectious Disease

Option A: In the event of a government-mandated closure due to COVID-19 or other infectious disease, rent shall be abated/not abated [Choose one].

Option B: Tenant agrees to follow all health department guidelines and protocols.

Option C: Specific protocols are as follows: [Describe protocols].

20. Taxes

Option A: Tenant is responsible for all applicable gross receipts or sales tax collection (Idaho State Tax Commission), beer/wine on-premises taxes, and personal property tax filing requirements for restaurant equipment.

21. Right of First Refusal/Expansion

Option A: Tenant shall have/not have [Choose One] the right of first refusal to lease any adjacent space that becomes available during the term of this lease.

Option B: Details are as follows: [Describe details of right of first refusal/expansion].

22. Liquor License

Option A: The liquor license is attached to the premises/not attached to the premises [Choose one].

Option B: The process for transfer approval by the Idaho State Liquor Division is the responsibility of [Landlord/Tenant/Both].

23. Special Districts

Option A: The property is/is not [Choose one] located in a special district such as a downtown, floodplain, historical or redevelopment zone.

Option B: If in a special district, the rules are: [Describe Special District Rules].

24. ADA Compliance

Option A: The premises are compliant with the Americans with Disabilities Act (ADA) and any more stringent Idaho access requirements.

Option B: Responsibilities for any further compliance are as follows: [Describe responsibilities].

25. Inspections and Notices

Option A: Tenant shall immediately notify Landlord of any Idaho state, county, city inspections, order to remedy, or complaints relating to restaurant use, food safety, or facilities.

Notices

All notices 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.

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

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[Landlord Name]

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[Tenant Name]