Missouri restaurant lease agreement template

Missouri Restaurant Lease Agreement

This Missouri Restaurant Lease Agreement (this "Lease") is made and entered into as of this [Date], by and between [Landlord's Full Legal Name], residing at [Landlord's Address] ("Landlord"), and [Tenant's Full Legal Name], a [Tenant's Entity Type, e.g., Corporation, LLC, Individual] organized under the laws of [State of Organization], with its principal place of business at [Tenant's Business Address], and if applicable, whose registered agent is [Tenant's Registered Agent Name] residing at [Tenant's Registered Agent Address] ("Tenant").

1. Premises

Option A: Description and Location

• The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Property Address], including the parcel number [Parcel Number] and legally described as [Legal Description] (the "Premises").
• The Premises consists of approximately [Square Footage] square feet, which includes approximately [Square Footage] square feet of kitchen space, [Square Footage] square feet of dining area, and [Square Footage] square feet of bar area.
• The Premises also includes [Number] restrooms, [Square Footage] square feet of storage area, and [Number] parking spaces. The Premises further includes/excludes [Patio/Outdoor Seating details].
• Loading and unloading areas are located at [Loading/Unloading Area Location].
• Permitted signage locations are [Signage Locations].
• Exclusive-use areas include [Exclusive Use Areas]. Shared/common areas include [Shared/Common Areas], including the grease trap, dumpster area, and walk-in cooler.

Option B: Attached Exhibit

• The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Property Address], as detailed in Exhibit A attached hereto and incorporated herein by reference (the "Premises").
• Exhibit A will include square footage, parcel number, legal description, loading/unloading areas, permitted signage locations, exclusive-use areas and shared/common areas.

2. Permitted Use

Option A: General Restaurant

• The Premises shall be used and occupied by the Tenant solely for the purpose of operating a full-service restaurant.
• The Tenant shall not use the Premises for any other purpose, including, but not limited to, non-restaurant or non-food-service uses, food trucks, or any unrelated commercial operations.
• The Tenant will comply with all applicable Missouri state and local laws and secure all food service licenses, health permits, and liquor licenses prior to opening.

Option B: Specific Restaurant Concept

• The Premises shall be used and occupied by the Tenant solely for the purpose of operating a full-service [Type of Cuisine] restaurant (the "Restaurant").
• The Tenant shall not change the restaurant concept without the Landlord's prior written consent.
• The Tenant shall not use the Premises for any other purpose, including, but not limited to, non-restaurant or non-food-service uses, food trucks, or any unrelated commercial operations.
• Restrictions: [Cuisine Limits, Hours of Operation, Live Entertainment, Alcohol Sales, Drive-Throughs, Use of Outdoor Seating].
• The Tenant will comply with all applicable Missouri state and local laws and secure all food service licenses, health permits, and liquor licenses prior to opening.

3. Term

Option A: Fixed Term

• The term of this Lease shall be for a period of [Number] years, commencing on [Commencement Date] (the "Commencement Date"), and expiring on [Expiration Date] (the "Expiration Date"). The rent commencement date shall be [Rent Commencement Date].
• Build-out period: [Number] months.

Option B: Renewable Term

• The term of this Lease shall be for a period of [Number] years, commencing on [Commencement Date] (the "Commencement Date"), and expiring on [Expiration Date] (the "Expiration Date"), with an option to renew for [Number] additional term(s) of [Number] years each.
• The Tenant must provide written notice of its intent to renew at least [Number] months prior to the Expiration Date.
• The rent commencement date shall be [Rent Commencement Date].
• Build-out period: [Number] months.

Renewal Terms: The terms of the renewal period(s) shall be the same as the initial term, except that the base rent shall be adjusted as follows: [Rent Escalation Clause for Renewal].

Early Termination: [Conditions and Penalties for Early Termination]

4. Rent

Base Rent:

• Option A: Fixed Rent
  • The base rent shall be [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], due on the [Day] day of each month, commencing on the Rent Commencement Date.
• Option B: Graduated Rent
  • The base rent shall be as follows:
    • Years 1-3: [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount].
    • Years 4-6: [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount].
    • Years 7-10: [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount].

Security Deposit:

• The Tenant shall deposit with the Landlord a security deposit in the amount of [Dollar Amount], which will be held in accordance with Missouri law.
• The security deposit shall be returned to the Tenant within [Number] days after the expiration or termination of this Lease, less any deductions for damages to the Premises beyond normal wear and tear, or for unpaid rent.

Rent Escalation:

• Option A: Fixed Increase
  • The base rent shall increase by [Percentage]% per year, commencing on [Date].
• Option B: CPI Adjustment
  • The base rent shall be adjusted annually based on the Consumer Price Index (CPI) for [City, State], as published by the Bureau of Labor Statistics. The adjustment shall be calculated as follows: [CPI Calculation Method].

Operating Expenses:

• Option A: NNN Lease
  • In addition to the base rent, the Tenant shall be responsible for its pro rata share of all operating expenses, including, but not limited to, real estate taxes, insurance, common area maintenance (CAM) charges, utilities, trash removal, pest control, and kitchen hood cleaning.
  • Tenant's pro rata share: [Percentage]%.
• Option B: Gross Lease
  • The base rent includes all operating expenses, except for utilities, which shall be the responsibility of the Tenant.

Payment:

• Rent shall be payable to the Landlord at [Payment Address], or by [Payment Method].
• Late Payment: A late fee of [Dollar Amount] shall be charged for any rent payment received more than [Number] days after the due date. Interest shall accrue on late payments at a rate of [Percentage]% per annum.

Sales Tax: [Applicable Sales Tax Details, if any]

5. Tenant Improvements

TI Allowance:

• The Landlord shall provide the Tenant with a tenant improvement (TI) allowance of [Dollar Amount].

Build-Out:

• The Tenant shall submit architectural and engineering plans for the build-out of the Premises to the Landlord for approval, which shall not be unreasonably withheld.
• The Tenant shall comply with all applicable Missouri building codes, health, safety, and fire suppression/hood system requirements, grease trap installation, and utility upgrades.

Performance Security: [Details of Performance Security for Construction]

6. Maintenance and Repair

Tenant's Responsibilities:

• The Tenant shall be responsible for the maintenance and repair of all restaurant-specific systems, including kitchen equipment, hood, grease trap, plumbing clogs, HVAC maintenance, and pest abatement.
• The Tenant shall maintain the Premises in a clean and sanitary condition, and shall comply with all applicable health inspections and fire and safety regulations.

Landlord's Responsibilities:

• The Landlord shall be responsible for the maintenance and repair of the structure, roof, exterior, and major systems, unless this is an absolute NNN lease.
• Notification: The Tenant shall promptly notify the Landlord of any damage or service interruption.

7. Restaurant Equipment

Trade Fixtures:

• All restaurant equipment installed by the Tenant shall be considered trade fixtures and shall remain the property of the Tenant.

Removal:

• The Tenant shall have the right to remove its trade fixtures at the end of the Lease term, provided that the Tenant restores the Premises to its original condition, excluding approved alterations.

Abandoned Equipment: [Procedures for Abandoned Equipment]

8. Signage

The Tenant shall comply with all applicable Missouri and local signage ordinances and the Landlord's building policies.

All signage shall be subject to the Landlord's prior written approval.

Additional Signage Details: [Patio Heaters, Canopies, Awnings, and Fencing Details]

9. Insurance

Tenant's Insurance:

• The Tenant shall maintain property and liability insurance specific to the restaurant business, including general liability, liquor liability (if serving alcohol), product liability, equipment coverage, business interruption, and workers' compensation as required by Missouri law.
• Minimum coverage amounts: [Dollar Amounts].

Landlord's Insurance:

• The Landlord shall maintain building insurance.

Additional Insured:

• The Tenant shall name the Landlord as an additional insured on its liability insurance policy.

Proof of Coverage:

• The Tenant shall provide the Landlord with proof of insurance coverage upon request.

10. Common Area Maintenance (CAM)

CAM Charges: [Calculation and Audit Rights]

Specific CAM services include snow removal, pest control, grease trap servicing, and shared facilities cleaning.

Responsibility and Frequency: [Details of Responsibilities and Frequency]

11. Compliance

The Tenant shall comply with all applicable Missouri fire codes, ADA accessibility requirements, and emergency procedures.

Fire Code: [Annual Suppression System Testing, Extinguishers, Egress Signage]

ADA Accessibility: [Restroom/Lobby/Kitchen Access]

Emergency Procedures: [Evacuation, Fire/Utility Shutoffs]

12. Assignment and Subletting

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

Exception: [Franchise or Corporate Sales Subject to Missouri Statutory Notice]

13. "Go-Dark" Restrictions

The Tenant shall continuously operate the Restaurant on the Premises and shall not vacate the Premises except for permitted closure periods.

Sanctions: [Sanctions for Extended Closure]

14. Exclusive Use/Non-Compete

The Landlord agrees not to lease adjacent spaces to direct restaurant competitors of the same cuisine type.

Cuisine Type: [Specific Cuisine]

Geographic Scope: [Area Covered by Restriction]

15. Inspections

The Landlord shall have the right to inspect the Premises upon reasonable notice to the Tenant.

Notice Required: [Number] hours.

Purpose: The Landlord may access the Premises for repairs, maintenance, or Missouri code compliance.

16. Default and Remedies

Tenant Default:

• If the Tenant fails to pay rent when due, or otherwise defaults in the performance of any of its obligations under this Lease, the Landlord shall provide written notice of the default.
• Cure Period: The Tenant shall have [Number] days to cure a monetary default and [Number] days to cure a non-monetary default.

Landlord Remedies:

• If the Tenant fails to cure the default within the applicable cure period, the Landlord may terminate this Lease and re-enter the Premises.
• The Landlord may also pursue any other remedies available at law or in equity, including, but not limited to, damages for breach of contract.

Personal Guarantee: [Details of Personal Guarantee, if any]

17. Surrender and Move-Out

Upon the expiration or termination of this Lease, the Tenant shall surrender the Premises to the Landlord in good condition, reasonable wear and tear excepted.

Restoration: The Tenant shall restore the Premises to its original condition, excluding approved alterations.

Removal of Trade Fixtures: The Tenant shall remove its trade fixtures and restore any damage caused by such removal.

Security Deposit: The security deposit shall be returned to the Tenant within [Number] days after the Tenant vacates the Premises, less any deductions for damages or unpaid rent.

Inventory/Equipment: [Handling of Remaining Inventory/Equipment]

18. Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through negotiation, mediation, or arbitration, as agreed upon by the parties.

Venue: Any legal action shall be brought in [City, Missouri].

Governing Law: This Lease shall be governed by and construed in accordance with the laws of the State of Missouri.

19. Indemnity

The Tenant shall indemnify and hold the Landlord harmless from any and all claims, damages, liabilities, costs, and expenses arising out of or relating to the Tenant's use of the Premises, including, but not limited to, claims for food-borne illness, alcohol service liabilities, and Missouri Dram Shop obligations.

20. Notice

All notices required or permitted under this Lease shall be in writing and shall be deemed to be duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email (with confirmation of receipt), to the following addresses:

• Landlord: [Landlord's Name], [Landlord's Address], Email: [Landlord's Email]
• Tenant: [Tenant's Name], [Tenant's Address], Email: [Tenant's Email]

21. Miscellaneous

• Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Lease to the extent that such delay or failure is caused by a force majeure event.
• Attorney's Fees: The prevailing party in any legal action arising out of or relating to this Lease shall be entitled to recover its reasonable attorney's fees and costs.
• Survival: All obligations that by their nature should survive the termination of this Lease shall survive such termination.
• Estoppel Certificates: The Tenant agrees to execute and deliver to the Landlord, within [Number] days after request, an estoppel certificate verifying the terms of this Lease.
• Lease Recordation: [Details on Lease Recordation]

22. Addenda

The following addenda are attached to and incorporated into this Lease:

• [Franchise Requirements Addendum]
• [Liquor Sales/Consent Addendum]
• [Health Department Mandates Addendum]
• [Missouri-Specific Lease Disclosures Addendum]

23. Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of Missouri. Any conflict or requirement shall be resolved under the current Missouri Revised Statutes.

Adjustment to reflect changes: This lease shall be adjusted to reflect changes in food service/labor/environmental/health regulations

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

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

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

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

____________________________

[Landlord's Signature]

[Landlord's Printed Name]

____________________________

[Tenant's Signature]

[Tenant's Printed Name and Title, if applicable]