Nevada restaurant lease agreement template

Nevada Restaurant Lease Agreement

This Nevada Restaurant Lease Agreement (the "Agreement") is made and entered into as of [Date] by and between:

• [Landlord Name], residing at [Landlord Address] ("Landlord")
• [Tenant Name], residing at [Tenant Address] ("Tenant")

1. Premises

• The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises located at [Property Address], Nevada (the "Premises").
• The Premises consist of approximately [Square Footage] square feet and include the following:
  • Dining area
  • Kitchen
  • Storage
  • Restrooms
  • Bar (if applicable)
  • Outdoor seating (if applicable)
• The Premises are located [Location within Building/Shopping Center].
• The Tenant shall have the right to use the following:
  • Parking spaces [Number].
  • Loading docks
  • Dumpsters
  • Exclusive/Shared use of patio/event space (if applicable)
• The Premises includes the following fixtures, appliances, and equipment: [List of Fixtures, Appliances, and Equipment]

2. Permitted Use

• The Premises shall be used solely for the operation of a restaurant.
  • Option A: Specializing in [Type of Cuisine].
  • Option B: No specialization specified.
• The Tenant shall not use the Premises for any other commercial purpose without the Landlord's prior written consent.
• Subleasing, assignment, or unauthorized change of use is strictly prohibited.
• Tenant shall comply with all applicable Nevada Revised Statutes regarding commercial real estate and public accommodations.

3. Licenses and Permits

• The Tenant shall be responsible for obtaining and maintaining all operational and health-related licenses and permits, including but not limited to:
  • Nevada Food Establishment Permit
  • State and County Business Licenses
  • Liquor/Gaming Licenses (if applicable)
  • Fire Safety Certificates
  • Signage Permits
  • Clark County/Southern Nevada Health District approvals
• The Tenant shall not use the Premises in any way that violates health codes, fire codes, ADA compliance, building occupancy limits, zoning, state/local business licensing, grease trap regulations, and Nevada Department of Taxation regulations.

4. Lease Term

• The lease term shall commence on [Start Date] and expire on [End Date].
• Renewal Options:
  • Option A: Tenant shall have the option to renew this lease for [Number] additional [Years] year terms. Tenant must notify Landlord in writing of their intent to renew at least [Number] months prior to the expiration date. The rent for each renewal term shall be determined as follows: [Rent Escalation Details/Fair Market Rent Reset].
  • Option B: No renewal option.
• Tenant buildout period: [Number] days commencing on [Date]. Rent shall abate during this period.
• Early Termination/Holdover: [Penalties/Remedies, compliant with Nevada Law on Security in Tenancy].

5. Rent and Payments

• Base Monthly Rent: [Dollar Amount].
• Percentage Rent (if applicable): [Percentage]% of Gross Sales exceeding [Dollar Amount].
• Nevada Sales/Use Tax: Tenant is responsible for all applicable Nevada Sales/Use Tax.
• Security Deposit: [Dollar Amount]. The security deposit shall be held in accordance with Nevada law and returned within [Number] days of lease termination, less any permissible deductions.
• Advance Rent: [Dollar Amount] representing rent for [Month].
• Rent Escalation: [Details of Rent Escalation, e.g., percentage increase, CPI adjustment, frequency].
• CAM Fees: [Dollar Amount] per month/year, covering [Description of CAM Services].
• Real Estate Taxes: [Responsibility and Payment Schedule].
• Utilities:
  • Tenant responsible for: Gas, Electricity, Water, Trash, Pest Control, Internet
  • Landlord responsible for: [List any utilities Landlord is responsible for]
• Payment Methods: [Acceptable Payment Methods].
• Payment Date: Rent is due on the [Day] of each month.
• Late Fees: [Dollar Amount] or [Percentage]% of the rent, as allowed under Nevada law.

6. Tenant Improvements and Buildout

• Tenant shall obtain Landlord's written approval for all tenant improvements and buildout plans.
• All improvements must comply with local code and permitting requirements.
• Restoration/Removal:
  • Option A: Tenant shall be required to remove all alterations and restore the Premises to its original condition at the end of the lease term.
  • Option B: Landlord shall have the option to require the Tenant to remove alterations and restore the Premises, or to accept the Premises in its altered condition.

7. Maintenance and Repair

• Tenant shall be responsible for the maintenance and repair of the following:
  • Restaurant-specific facilities (exhaust/hood systems, grease traps/interceptors, walk-in coolers, specialty plumbing, pest control, and ADA restrooms)
  • Frequency of professional cleaning: [Frequency]
  • Periodic inspections: [Frequency]
  • Reporting of violations: Tenant shall immediately report any violations to Landlord.
• Landlord shall be responsible for the maintenance and repair of the following:
  • Roof
  • Exterior
  • Major building systems

8. Waste Management

• Tenant shall comply with all Nevada/Clark County environmental requirements for grease, oil, and food waste disposal.
• Tenant shall implement pest/rodent prevention measures.

9. Furniture, Fixtures, and Equipment (FFE)

• The following FFE is provided with the Premises: [List of FFE].
• Ownership of FFE: [Specify Ownership – Landlord or Tenant].
• FFE Handover and Inspection: Procedures for inspection on move-in and move-out shall be as follows: [Inspection Procedure Details].
• Insurance and Repair: [Responsibility for Insurance and Repair of FFE].

10. Delivery of Premises

• Landlord shall deliver the Premises in the following condition:
  • Cleanliness
  • Utilities in service
  • All equipment in working order
  • Required permits in place

11. Insurance

• Tenant shall maintain the following insurance coverage:
  • Property casualty
  • Business interruption
  • Nevada-compliant liability
  • Food poisoning and contamination
  • Proof of worker’s compensation per Nevada law
• Landlord shall be named as an additional insured where needed.

12. Property Access

• Landlord shall have the right to access the Premises for emergencies, repairs, or compliance checks, providing [Number] hours' notice, as per Nevada legal notice requirements.

13. Signage

• Tenant's signage shall comply with local ordinances and be subject to Landlord's approval.
• Size, location, design, and illumination details: [Signage Details].

14. Exclusive Use

• Exclusive Use Rights:
  • Option A: Tenant shall have exclusive use rights for [Specific Cuisine/Beverage Category] within the [Building/Center Name].
  • Option B: No exclusive use rights granted.
• Limitations on direct competition: [Details of Limitations, if any].

15. Fire Safety

• Tenant shall comply with all fire safety, suppression, and emergency protocols, including periodic inspections, evacuation plans, and tenant training, per Nevada building/fire code.

16. Alcohol Sales, Gaming Operations, and Entertainment

• If applicable, Tenant shall comply with all regulations related to alcohol sales, gaming operations, and entertainment, including licensing, reporting, and safe operation, as regulated in Nevada, Clark County, or Las Vegas jurisdictions.

17. Move-In and Move-Out

• Move-In: Inspection, punch list.
• Move-Out: Inspection, cleaning, FFE and alteration removal/restoration.
• Security Deposit: Return timing and allowable deductions per Nevada law.
• Transfer of operational permits or licenses: [Responsibility for Transfer].

18. Environmental and Hazardous Materials

• Tenant shall comply with all Nevada and local environmental health rules regarding the handling of fry oil, refrigeration chemicals, and cleaning agents, and shall obtain all required discharge permits.

19. Assignment, Subletting, and Change of Control

• Assignment, subletting, and change of control require Landlord's written consent and compliance with Nevada law regarding transfer of business/tax obligations.

20. Default and Remedies

• Landlord and Tenant Default: [Definition of Default Events].
• Remedies: Cure periods, right of offset, damages.
• Lease Termination: Procedures for lease termination, lockouts, and possession recovery following Nevada law.

21. Indemnification and Dispute Resolution

• Indemnification: [Indemnification Clause].
• Dispute Resolution: Nevada mediation/arbitration, waiver of jury trial (if agreed).
• Nevada Choice of Law and Forum
• Attorney’s Fees: [Details of Attorney's Fees Responsibility].
• Waiver/Merger Clauses

22. Force Majeure and Casualty

• Force Majeure and Casualty provisions shall clarify party obligations in events like fire, flood, or pandemic, mirror Nevada state disaster regulations, and outline abatement, repair, or termination rights.

23. Estoppel Certificate and Subordination

• Estoppel Certificate procedures and subordination, non-disturbance, and attornment (SNDA) rights.

24. Compliance with Laws

• Tenant shall comply with all applicable Nevada business, real estate, fire safety, building, sanitation, and labor codes, including special provisions for employee areas, deliveries, and required restrooms.

25. Addenda

• The following addenda are attached and incorporated into this Agreement:
  • Personal Guaranty
  • COVID-19/Health Emergencies Addendum
  • Special City/County Regulations Addendum

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

____________________________ [Landlord Name], Landlord
____________________________ [Tenant Name], Tenant