Kansas restaurant lease agreement template

Kansas Restaurant Lease Agreement

This Kansas Restaurant Lease Agreement (the “Lease”) 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], if an individual, or organized and existing under the laws of Kansas, with its principal place of business at [Tenant Business Address], and registered with the Kansas Secretary of State with file number [Kansas Business Entity File Number], (“Tenant”).

Witnesseth:

Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Premises (as defined below) for the Permitted Use (as defined below), upon the terms and conditions hereinafter set forth.

Premises:

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain real property located at [Restaurant Property Address], Kansas, legally described as follows: [Legal Description/Parcel Number] (the “Premises”). The Premises consists of approximately [Square Footage] square feet and includes the following:

• Seating Areas: [Description of Seating Areas]
• Kitchen/Prep Areas: [Description of Kitchen/Prep Areas]
• Storage: [Description of Storage]
• Refrigeration: [Description of Refrigeration]
• Office: [Description of Office]
• Restrooms: [Number] restrooms
• Service Entrances: [Description of Service Entrances]
• Loading Zones: [Description of Loading Zones]
• Patio/Outdoor Dining Spaces: [Description of Patio/Outdoor Dining Spaces]
• Dedicated Parking Spaces: [Number] spaces located [Location of Parking Spaces]
• Right to use Common Areas: [Description of Common Areas]

Restaurant-Specific Building Equipment:

The Premises includes the following restaurant-specific building equipment, which is owned by [Landlord/Tenant]. A detailed inventory and the current maintenance condition of the equipment is attached as Exhibit A:

• Hood Systems: [Description of Hood Systems]
• Grease Traps: [Description of Grease Traps]
• Fire Suppression Systems: [Description of Fire Suppression Systems]
• Walk-In Refrigerators/Freezers: [Description of Walk-In Refrigerators/Freezers]
• Cooking Ranges: [Description of Cooking Ranges]
• Exhaust/Ventilation Units: [Description of Exhaust/Ventilation Units]
• Dishwashers: [Description of Dishwashers]
• Other Fixtures/Chattel: [Description of Other Fixtures/Chattel]

Permitted Use:

Tenant shall use the Premises solely for the purpose of operating a [Sit-down/Takeout] restaurant (the “Permitted Use”), and related activities.

• Option A: The Permitted Use is specifically limited to the following type of restaurant: [Specific Restaurant Type].
• Option B: The Permitted Use specifically excludes the following types of restaurants: [Excluded Restaurant Types].

Tenant warrants that the Permitted Use is a business type allowable under Kansas zoning, health, and liquor licensing codes, and complies with City of [City Name] ordinances. Tenant shall not use the Premises for any non-restaurant or non-food service use.

Compliance with Laws and Regulations:

Tenant shall comply with all applicable laws, regulations, and ordinances, including, but not limited to:

• Kansas Department of Agriculture Food Safety standards
• Kansas Department of Revenue sales and food tax collection
• Liquor licensing requirements (if applicable)
  • Option A: Tenant is permitted to serve alcoholic beverages on the Premises, subject to obtaining and maintaining all necessary licenses.
  • Option B: Tenant is expressly prohibited from serving alcoholic beverages on the Premises.
• ADA accessibility requirements
• Local fire codes
• Occupancy permits

Tenant shall be responsible for obtaining and maintaining all necessary local, state, and federal permits for operation, including food service, health, signage, fire inspection, and, if applicable, sidewalk café or outdoor dining licenses.

Term:

The term of this Lease shall commence on [Commencement Date] (the “Commencement Date”) and shall expire on [Expiration Date] (the “Expiration Date”), unless sooner terminated as provided herein.

• Option A: Renewal Option. Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] years each, provided that Tenant gives Landlord written notice of its intention to renew at least [Number] months prior to the Expiration Date. The rent for the renewal term shall be [Specify Rent Calculation for Renewal Term].
• Option B: No Renewal Option. This Lease shall not be renewable.

Rent:

Tenant shall pay Landlord rent as follows:

• Base Rent: [Dollar Amount] per month, payable in advance on the first day of each month.
• Percentage Rent (if applicable): [Percentage]% of Gross Sales (as defined below) exceeding [Dollar Amount] per month, payable [Frequency of Payment]. "Gross Sales" shall mean all revenue derived from the operation of the restaurant, less sales tax.
• Common Area Maintenance (CAM) Fees: [Dollar Amount] per month, payable in advance on the first day of each month.
• Property Taxes: [Specify Responsibility for Property Taxes]
  • Option A: Landlord shall pay all property taxes.
  • Option B: Tenant shall reimburse Landlord for [Percentage]% of property taxes, payable [Frequency of Payment].
• Insurance: [Specify Responsibility for Insurance Costs]
  • Option A: Landlord shall pay for building insurance.
  • Option B: Tenant shall reimburse Landlord for [Percentage]% of building insurance, payable [Frequency of Payment].
• Utilities: [Specify Responsibility for Utilities]
  • Water: [Landlord/Tenant]
  • Gas: [Landlord/Tenant]
  • Electric: [Landlord/Tenant]
  • Waste Removal: [Landlord/Tenant]
  • Pest Control: [Landlord/Tenant]
  • Grease Trap Pumping: [Landlord/Tenant]
• HVAC Maintenance: [Landlord/Tenant]
• Local Business Assessments/Stormwater Fees: [Landlord/Tenant]

Rent Escalation: The Base Rent shall increase annually by [Percentage]% or by the percentage increase in the Consumer Price Index (CPI) for [Specific CPI Index], whichever is greater.

Late Fees: A late fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date.

Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. Landlord may deduct from the security deposit any amounts necessary to cure any default by Tenant, including, but not limited to, damage to the Premises beyond reasonable wear and tear. Landlord shall return the remaining balance of the security deposit to Tenant within [Number] days after the Expiration Date, provided that Tenant has fully complied with all of its obligations under this Lease.

Tenant Improvements:

Tenant shall have the right to make improvements to the Premises for the purpose of customizing it for restaurant use, subject to Landlord’s prior written approval, which shall not be unreasonably withheld.

• Tenant is responsible for obtaining all necessary permits and complying with all applicable building codes.
• Option A: All improvements shall remain the property of the Landlord upon the Expiration Date.
• Option B: Tenant shall have the right to remove its improvements upon the Expiration Date, provided that Tenant restores the Premises to its original condition.

Landlord provides an "as is" condition disclaimer, except the Landlord will provide [Description of Landlord Provided Improvements].

Repair and Maintenance:

The parties shall have the following responsibilities for repair and maintenance:

• HVAC: [Landlord/Tenant]
• Plumbing: [Landlord/Tenant]
• Grease Trap Cleaning: [Landlord/Tenant]
• Walk-In Refrigerator Maintenance: [Landlord/Tenant]
• Appliance Repair: [Landlord/Tenant]
• Dining Area Upkeep: [Landlord/Tenant]
• Structural Repairs: [Landlord]
• Roof Repairs: [Landlord]

Insurance:

Tenant shall maintain the following insurance coverage:

• Property Liability Insurance: [Dollar Amount] per occurrence
• Business Interruption Insurance: [Dollar Amount]
• Dram Shop Liability Insurance (if applicable): [Dollar Amount]

Tenant shall provide Landlord with a certificate of insurance evidencing such coverage.

Property Access and Use:

Tenant shall have access to the Premises [Days of Week] from [Start Time] to [End Time].

Delivery Window Access: [Description of Delivery Window Access]

Tenant Signage: [Description of Signage Restrictions]

Outdoor Seating Conditions: [Description of Outdoor Seating Conditions]

Noise and Odor Control: Tenant shall operate its business in a manner that does not create a nuisance to other tenants or surrounding properties.

Inspections:

Tenant shall be responsible for all health inspections, fire inspections, and code compliance inspections. Tenant shall provide Landlord with copies of all inspection reports and shall promptly address any violations.

Grease and Waste Management:

Tenant shall be responsible for grease trap cleaning/pumping, trash and recycling removal, and pest control.

• Grease Trap Cleaning Frequency: [Frequency]
• Trash and Recycling Removal: Tenant shall comply with all applicable municipal waste segregation policies.

Landlord shall have the right to audit Tenant’s compliance with these requirements.

Assignment and Subleasing:

Tenant shall not assign this Lease or sublease the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld.

• Option A: Change of restaurant concept is permitted with Landlord approval.
• Option B: Change of restaurant concept is not permitted.

Landlord grants Tenant the right of first refusal for expansion or contraction of the Premises.

Casualty:

In the event of fire, flood, or other casualty, the Premises shall be restored to its prior condition as soon as reasonably practicable. Rent shall abate during the period of restoration.

Dispute Resolution:

Any dispute arising out of or relating to this Lease shall be resolved through negotiation, mediation, or arbitration in Kansas.

Landlord's Entry:

Landlord shall have the right to enter the Premises for inspection, repairs, or showing the property, after providing Tenant with reasonable notice.

Surrender:

Upon the Expiration Date, Tenant shall surrender the Premises in good condition, broom clean, and free of all personal property. Tenant shall be responsible for decommissioning kitchen equipment, grease trap cleaning, and disposal of food inventory.

Landlord's Representations and Warranties:

Landlord represents and warrants that the Premises is zoned for restaurant use, has a valid occupiable certificate, and complies with fire safety codes.

Default:

If Tenant fails to pay rent or breaches any other provision of this Lease, Landlord shall have the right to terminate this Lease and evict Tenant in accordance with Kansas law.

Subordination, Non-Disturbance, and Attornment (SNDA):

This Lease shall be subordinate to any existing or future mortgage on the Premises. Landlord shall obtain a non-disturbance agreement from any mortgagee.

Confidentiality:

[Optional Clause] The terms of this Lease shall be kept confidential by both parties.

Non-Compete:

[Optional Clause] Landlord shall not lease any other space in the building to a direct competitor of Tenant.

Personal Guarantee:

[Optional Clause] [Guarantor Name] personally guarantees the performance of Tenant’s obligations under this Lease.

Attachments:

• Exhibit A: Equipment Inventory and Condition
• Kansas Statutory Disclosures and Notices
• City, County, or Health Department Mandatory Addenda

Signatures:

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

Landlord:

____________________________

[Landlord Name]

Tenant:

____________________________

[Tenant Name]

____________________________

[Printed Name & Title, if Tenant is an entity]