Louisiana restaurant lease agreement template

Louisiana Restaurant Lease Agreement

This 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").

Landlord's Authority: Landlord warrants that Landlord has full right and authority to lease the Premises to Tenant.

Premises: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, those certain premises (the "Premises") located at [Street Address], [City], Parish of [Parish], Louisiana, and legally described as follows: [Legal Description of Property].

The Premises include approximately [Square Footage] square feet, encompassing the following:

• Kitchen Area
• Dining Area
• Restrooms
• Exterior Seating (if applicable)
• Storage Areas
• Bar (if applicable)
• Drive-Thru (if applicable)
• Rights to use common areas such as parking and patios.

Use Rights:

• Exclusive Use: Tenant shall have the exclusive right to operate a [Type of Use: e.g., restaurant, catering] within the building.
• Non-Exclusive Use: Tenant shall have non-exclusive rights to common areas such as parking lots and patios.

Permitted Use: The Premises shall be used and occupied solely for the operation of a restaurant, specifically a [Restaurant Type: e.g., Full Service, Quick Service, Bar-Restaurant, Café].

Prohibited Uses: The following uses are expressly prohibited:

• Nightclub
• Gambling
• Vaping or smoking establishment

Compliance with Laws: Tenant shall comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to Louisiana Department of Health (LDH) regulations, food safety regulations, alcohol licensing requirements (ATC), zoning regulations, and ventilation requirements.

Operational Permits and Licenses: Tenant shall obtain and maintain all necessary operational permits and licenses, including but not limited to LDH permits, fire marshal permits, and occupational licenses.

Lease Term: The term of this Lease shall commence on [Start Date] and shall expire on [End Date].

Renewal Options:

• Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration] each.
• Option B: No renewal option is granted.

Extension Option: Tenant shall have the option to extend this lease by submitting the written notice to the landlord [number] days prior to the current lease expiration.

Rent:

• Base Rent: The base rent shall be [Dollar Amount] per month, payable in advance on the [Day] of each month.
• Percentage Rent: In addition to the base rent, Tenant shall pay [Percentage]% of gross sales exceeding [Dollar Amount] per [Time Period: e.g., month, quarter].
• Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], to be held as security for the performance of Tenant’s obligations hereunder.
• Escalation Clause: The base rent shall increase by [Percentage]% annually, commencing on [Date].

Payment: Rent shall be paid to Landlord at [Payment Address].

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

Taxes:

• Option A: Tenant shall be responsible for the payment of all sales taxes and state/local property taxes related to the operation of the restaurant.
• Option B: Landlord shall be responsible for the payment of property taxes.

Triple Net Charges:

• Option A (Triple Net Lease): Tenant shall be responsible for all property taxes, insurance, and maintenance expenses.
• Option B (Gross Lease): Landlord shall be responsible for all property taxes, insurance, and maintenance expenses.
• Option C (Modified Gross Lease): Tenant will be responsible for a portion of the property taxes, insurance, and maintenance expenses to be agreed upon in a seperate document.

Utilities: Tenant shall be responsible for the payment of all utilities, including electricity, gas, water, sewer, garbage, and grease trap maintenance.

HVAC and Equipment: Tenant shall be responsible for servicing all HVAC, refrigeration, and kitchen equipment.

Cleaning and Maintenance: Tenant shall be responsible for cleaning, sanitation, pest control, and waste (solid and grease) removal.

Tenant Improvements:

• Option A: Tenant shall have the right to install, upgrade, or modify restaurant-specific fixtures, subject to Landlord's approval.
• Option B: All improvements must be approved by the landlord, city, and fire code.

ADA Compliance: Tenant shall be responsible for compliance with all applicable ADA requirements.

Repairs and Maintenance:

• Option A: Landlord shall be responsible for major repairs to the building structure, while Tenant shall be responsible for all other repairs and maintenance.
• Option B: Tenant shall be responsible for all repairs and maintenance.

Landlord's Access: Landlord shall have the right to access the Premises for inspections and emergencies.

Condition of Premises: The Premises are leased "as is."

Restoration at Lease End: Tenant shall be responsible for restoring the Premises to its original condition at the end of the Lease, including removing all specialty restaurant equipment and cleaning the grease trap.

Insurance:

• Option A: Landlord shall maintain property insurance, and Tenant shall maintain liability insurance, liquor liability insurance (if applicable), and business interruption insurance.
• Option B: The amount of required insurance coverage will be agreed upon by both parties in a seperate document.

Disaster/Casualty: This Lease shall terminate in the event of a casualty that renders the Premises untenantable. Building code upgrades and repair responsibilities after events such as hurricanes or floods will be determined according to Louisiana insurance law and flood zone regulations.

Assignment and Subleasing: Tenant shall not assign this Lease or sublet the Premises without Landlord's consent, which shall not be unreasonably withheld.

Trade Name and Signage: Tenant shall have the right to use a trade name and install signage, subject to Landlord's approval and compliance with parish and municipal sign ordinances.

Alcohol Sales: Tenant's right to sell alcohol is subject to Louisiana law regarding distance from schools/churches and local dry laws.

Outdoor Seating: Tenant's right to outdoor seating or expansion is subject to parish or city approval.

Records and Certifications: Tenant shall maintain all health and safety inspection records, pest control logs, and employee certifications as required by Louisiana regulatory bodies.

Noise and Nuisance: Tenant shall control noise, odor, and other nuisances to minimize impact on neighboring properties.

Liquor License:

• Option A: Liquor license is assignable.
• Option B: Liquor license is controlled by Landlord.

Security Deposit: The security deposit shall be handled and accounted for in accordance with Louisiana Civil Code.

Landlord's Lien: Landlord shall have a lien/privilege for unpaid rent on Tenant's restaurant equipment and inventory.

Default: In the event of a default, Landlord shall have the right to terminate this Lease and pursue all available remedies under Louisiana law, including expedited summary eviction.

Dispute Resolution: This Lease shall be governed by the laws of the State of Louisiana, and any dispute shall be resolved in the exclusive venue of the parish where the Property is located.

Personal Guaranty: [Guarantor Name] personally guarantees Tenant’s obligations under this Lease.

Compliance with Laws: Tenant shall comply with all Louisiana anti-discrimination, labor, and workers' compensation laws.

Indemnification: Tenant shall indemnify Landlord against any and all claims arising from Tenant’s operation of the restaurant, including injuries, foodborne illness, property damage, and liquor liability.

Confidentiality: The terms of this Lease are confidential.

Termination Treatment: On lease termination, Tenant shall remove all personal property, including point of sale systems, inventory, and tradename signage.

Disaster Relief: Tenant shall cooperate with Landlord in the event of a disaster or government-mandated closure.

Notice: All notices shall be sent to the addresses listed above, via certified mail.

Posting of Licenses: Tenant shall post all required licenses, compliance certificates, and signage as required by local ordinances.

Mutual Waiver: Landlord and tenant agree to a mutual waiver to the full extent of the law as permitted by Louisiana law.

Local Customary Provisions: [Insert Local Customary Provisions Here].

Treatment of Tips: Tenant shall handle tips, service charges, and vendor deliveries in a manner that minimizes disruption to the property.

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

Signed this [Date].

____________________________

[Landlord Name], Landlord

____________________________

[Tenant Name], Tenant