Nebraska restaurant lease agreement template

Nebraska Restaurant Lease Agreement

This Nebraska Restaurant Lease Agreement (the “Agreement”) is made and entered into as of [Date], by and between [Landlord's Full Legal Name], a [Landlord's Entity Type, e.g., Nebraska LLC], with a principal address at [Landlord's Address] (“Landlord”), and [Tenant's Full Legal Name], a [Tenant's Entity Type, e.g., Nebraska Corporation], with a principal address at [Tenant's Address] (“Tenant”).

Premises:

Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises located at [Street Address], Suite [Suite Number], [City], Nebraska, [Zip Code], consisting of approximately [Square Footage] square feet (the “Premises”).

Option B: The Premises are further described as shown on Exhibit A attached hereto, which Exhibit A is incorporated herein by reference.

Description of Premises:

The Premises includes: [Number] parking spaces, designated delivery/loading zones, existing restaurant infrastructure (kitchen equipment as listed in Exhibit B, exhaust systems, grease traps, refrigeration, fire suppression, seating area, ADA compliance features).

Tenant has the right to install exterior signage as per Section [Signage Section Number].

Tenant [has/does not have] the right to use patio or outdoor seating areas as designated in Exhibit C.

Permitted Use:

Option A: The Premises shall be used and occupied solely for the operation of a [Type of Restaurant, e.g., full-service, fast-casual] restaurant.

Option B: The Premises shall be used and occupied solely for the operation of a restaurant providing [Description of Cuisine] cuisine.

Tenant shall comply with all applicable Nebraska food service, public health, fire, health department, liquor licensing, zoning, building, and ADA regulations. Tenant shall obtain and maintain all operational permits (food establishment, health, liquor if applicable) and provide copies to Landlord. No unauthorized use changes or assignment/subletting without written Landlord consent.

Lease 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. Rent shall commence on [Rent Commencement Date].

Renewal Options:

Option A: Tenant shall have [Number] option(s) to renew this Lease for a period of [Number] years each. To exercise an option, Tenant must give Landlord written notice at least [Number] months but not more than [Number] months before the Expiration Date. Rent during the renewal term shall be adjusted to the then-current fair market rental value as determined by [Method of Rent Adjustment, e.g., appraisal].

Option B: No renewal options are granted.

Early Termination:

Option A: Tenant shall have the right to terminate this lease early in the event of [Specific Early Termination Circumstances, e.g., loss of critical permits, condemnation, or casualty] with [Number] days written notice to Landlord.

Option B: No early termination rights are granted.

Rent:

The base rent shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, at [Payment Address] or such other place as Landlord may designate.

Rent payments shall be made by [Payment Method, e.g., check, electronic transfer].

Taxes and Expenses:

Tenant shall be responsible for all Nebraska law-mandated taxes (state/county sales tax, personal property tax), real estate tax allocations, common area maintenance (CAM) contribution as defined in Exhibit D, utilities (water, gas, sewer, electrical, trash/grease removal, pest control), and pro-rata share of shopping center or building expenses as defined in Exhibit D.

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. The security deposit shall be handled in accordance with Nebraska law.

Tenant Improvements:

Option A: Landlord shall deliver the Premises in [Delivery Condition, e.g., white box/shell]. Tenant shall be responsible for all tenant improvements, subject to Landlord's approval of plans and specifications. All improvements must comply with applicable codes and health regulations.

Option B: The Premises are delivered with existing restaurant buildout as described in Exhibit E. Tenant improvements are [Permitted/Not Permitted].

Upon termination, Tenant shall [Restore Premises/Leave Improvements].

Exclusive Use:

Option A: Landlord agrees not to lease any other space in the building/shopping center to a [Competing Restaurant Type] restaurant during the term of this Lease.

Option B: No exclusive use is granted.

Co-Tenancy:

Option A: This Lease is contingent upon [Specific Co-Tenants] being open and operating in the shopping center/building.

Option B: No co-tenancy requirement exists.

Repair and Maintenance:

Tenant shall be responsible for all repairs and maintenance to the restaurant equipment, HVAC servicing/grease filter cleaning, kitchen hood/ventilation, plumbing, pest/rodent abatement, daily cleaning, and interior premises. Landlord shall be responsible for the roof, structure, exterior, and shared utility lines.

Landlord Access:

Landlord shall have the right to access the Premises for inspection, repairs, and regulatory compliance, with reasonable notice, except in emergencies.

Signage:

Tenant shall have the right to install signage subject to Landlord's approval and compliance with Nebraska/local ordinances. Branding, menus posted on premises must be approved by Landlord.

Legal Compliance:

Tenant shall comply with all applicable Nebraska state, county, and municipal food service, health, fire code, and labor regulations. Tenant shall provide evidence of required licenses and permits to Landlord.

Insurance:

Tenant shall maintain business interruption, property, and general liability insurance (minimum Nebraska policy limits, Landlord named as additional insured, liquor liability insurance if serving alcohol, food contamination/spoilage coverage).

Casualty and Condemnation:

In the event of casualty loss or condemnation, restoration obligations, rent abatement or termination rights shall be determined as per Nebraska law.

Default and Remedies:

Default and remedies shall be governed by Nebraska law, with cure periods, notice requirements, and non-waiver of rights.

Delivery and Possession:

Tenant shall take possession of the Premises on [Possession Date]. Move-in/move-out procedures, restoration obligations, removal of trade fixtures, and final cleaning requirements shall be as specified by Landlord.

Business Operations:

Tenant shall operate the business during the following hours: [Business Hours].

Minimum sales requirements/reporting: [If Applicable, Detail Here].

Delivery services permissions: [If Applicable, Detail Here].

Parking:

Procedures for handling Tenant's customer parking, valet operations, snow removal, and hours for refuse/grease trap/used oil pick-up shall be as specified by Landlord.

Dispute Resolution:

Disputes shall be resolved through negotiation, good-faith mediation, Nebraska jurisdiction, and venue. Attorneys’ fees recovery shall be consistent with Nebraska contract law.

Environmental and Fire Safety:

Tenant shall comply with Nebraska environmental and fire safety regulations for cooking equipment, grease trap interceptors, ventilation and exhaust discharge, sprinkled/non-sprinkled building conditions, and fire suppression.

Nebraska Statutes:

This Agreement is governed by Nebraska law, including NE Rev. Statutes, Title 53 for liquor, Title 81 for health, and Title 76 for real estate leases.

Additional Provisions:

Delivery radius or food preparation restrictions: [If Applicable, Detail Here].

Third-party food delivery platform use permissions: [If Applicable, Detail Here].

Signage/advertising rules: [If Applicable, Detail Here].

Guarantor:

If Tenant is an LLC or a new business, a Guarantor, [Guarantor's Name], shall be required, with a Guaranty Agreement attached as Exhibit F.

Force Majeure:

Neither party shall be liable for delays or failure to perform due to Force Majeure, consistent with Nebraska law.

Entire Agreement:

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.

Amendment:

This Agreement may be amended only by a written instrument signed by both parties.

Severability:

If any provision of this Agreement is held to be invalid, the remaining provisions shall remain in full force and effect.

Successors and Assigns:

This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska.

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

Landlord:

____________________________

[Landlord's Full Legal Name]

[Landlord's Title]

Tenant:

____________________________

[Tenant's Full Legal Name]

[Tenant's Title]

Contact Information:

Landlord:

Phone: [Landlord's Phone Number]

Email: [Landlord's Email Address]

Tenant:

Phone: [Tenant's Phone Number]

Email: [Tenant's Email Address]

Exhibits:

Exhibit A: Legal Description of Premises

Exhibit B: List of Existing Kitchen Equipment

Exhibit C: Patio/Outdoor Seating Area Description

Exhibit D: CAM and Pro-Rata Expense Details

Exhibit E: Description of Existing Restaurant Buildout

Exhibit F: Guaranty Agreement