New Hampshire restaurant lease agreement template

New Hampshire Restaurant Lease Agreement

This New Hampshire 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”). If either party is an entity, also include the place of formation, such as, A New Hampshire Limited Liability Company.

Premises:

• Option A: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the certain premises located at [Property Address], New Hampshire, legally described as [Legal Description], consisting of approximately [Square Footage] square feet (the “Premises”). The Premises includes approximately [Kitchen Square Footage] square feet of kitchen area and approximately [Dining Area Square Footage] square feet of dining area.
• Option B: (If existing restaurant structure) Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, that certain restaurant premises known as [Restaurant Name] located at [Property Address], New Hampshire, legally described as [Legal Description], consisting of approximately [Square Footage] square feet (the “Premises”), together with all existing fixtures, equipment, and improvements thereon as described in Exhibit A attached hereto. The Premises includes approximately [Kitchen Square Footage] square feet of kitchen area and approximately [Dining Area Square Footage] square feet of dining area.

Parking: Tenant shall have the exclusive/non-exclusive right to use [Number] parking spaces.

Outdoor Seating: Tenant shall have the right to [Operate/Not Operate] outdoor seating on the patio area as depicted in Exhibit B.

Ingress/Egress: Tenant shall have the right of ingress and egress over the common areas of the property.

Utilities: The location of utilities servicing the premises is as follows: [Describe location of electric panels, water shutoff, etc.].

Permitted Use:

• Option A: The Premises shall be used and occupied solely for the purpose of operating a [Type of Restaurant, e.g., dine-in, take-out, bar] restaurant, and for no other purpose.
• Option B: The Premises shall be used and occupied solely for the purpose of operating a restaurant and associated services as previously conducted under the name of [Previous Restaurant Name], and for no other purpose without Landlord's express written consent.

Compliance: Tenant agrees to comply with all applicable local, state, and federal regulations, including, but not limited to, New Hampshire Department of Health and Human Services (DHHS) food service standards, ADA requirements, municipal zoning for restaurant use, and local building/occupancy permit obligations.

Liquor License: Tenant is responsible for obtaining and maintaining any necessary liquor license. Landlord agrees to cooperate with Tenant in obtaining such license.

Lease Term:

• Option A: The term of this Lease shall be for a period of [Number] years, commencing on [Start Date] and expiring on [End Date].
• Option B: The initial term of this Lease shall be for [Number] years, commencing upon the issuance of a Certificate of Occupancy for the Premises but no later than [Date], and expiring on [Date].

Renewal: Tenant shall have the option to renew this Lease for [Number] additional terms of [Number] years each, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the expiration of the then-current term.

Right of First Refusal: Tenant shall have the right of first refusal to continue operation or expand into adjacent spaces that become available.

Rent:

• Option A: Tenant shall pay Landlord a monthly rent of [Dollar Amount], payable in advance on the [Day] day of each month, commencing on [Date].
• Option B: The monthly rent shall be [Dollar Amount] for the first year, [Dollar Amount] for the second year, and thereafter shall increase by [Percentage] per year.

Security Deposit: Tenant shall deposit with Landlord a security deposit of [Dollar Amount], which shall be held in a separate account compliant with New Hampshire law (NH RSA 540-A).

Rent Escalation: Rent shall escalate annually based on [CPI/Fixed Percentage].

Lease Structure: This lease is a [Triple Net/Gross] lease. If triple net, outline specific responsibilities below.

Utilities, Taxes, and Maintenance (If Triple Net):

• Real Estate Taxes: Tenant shall be responsible for [Percentage]% of real estate taxes.
• New Hampshire Business Profits Tax and Meals & Rentals Tax: Tenant is responsible for the payment of its own New Hampshire Business Profits Tax and Meals & Rentals Tax.
• Utilities: Tenant shall be responsible for all utilities, including water, sewer, gas, and electric.
• Trash & Snow Removal: [Specify responsibility for trash and snow removal].
• Common Area Maintenance: Tenant shall contribute [Percentage]% to common area maintenance.

Repairs and Maintenance:

• Landlord's Obligations: Landlord shall be responsible for structural repairs to the building, including the roof, foundation, and exterior walls.
• Tenant's Obligations: Tenant shall be responsible for maintaining the Premises in good repair, including but not limited to HVAC, plumbing, electrical systems, kitchen equipment, fire suppression, and exhaust systems. Tenant is responsible for grease trap and hood/vent maintenance.
• Periodic Inspections: Tenant shall be responsible for all periodic inspections or certifications required by New Hampshire or the local authority having jurisdiction.

Tenant Improvements:

• Option A: Tenant shall be allowed to make improvements to the Premises with Landlord's prior written approval. All plans and specifications must be submitted to Landlord for approval, which shall not be unreasonably withheld.
• Option B: Landlord shall provide a tenant improvement allowance of [Dollar Amount] for Tenant to use for improvements to the Premises. All improvements must comply with applicable codes, especially kitchen/ventilation/plumbing standards per DHHS and the fire marshal.

Furniture, Fixtures, and Equipment (FFE):

• Ownership: Tenant shall own all FFE installed by Tenant.
• Removal: Tenant shall have the right to remove all FFE at the expiration or termination of this Lease, provided that Tenant restores the Premises to its original condition, reasonable wear and tear excepted.

Insurance:

• Tenant's Insurance: Tenant shall carry commercial general liability insurance, property insurance, and liquor liability insurance (if alcohol served) in amounts compliant with New Hampshire law, with Landlord named as an additional insured.
• Landlord's Insurance: Landlord shall carry building insurance.
• Certificates: Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.

Fire Safety and Emergency Procedures:

• Compliance: Tenant shall comply with all New Hampshire fire marshal codes for cooking and suppression.
• Annual Inspection: Tenant shall ensure that all required annual inspections are conducted.

Subleasing and Assignment:

• Subleasing: Tenant shall not sublease the Premises without Landlord's prior written consent, which shall not be unreasonably withheld.
• Assignment: Tenant shall not assign this Lease without Landlord's prior written consent, which shall not be unreasonably withheld.

Access:

• Landlord's Access: Landlord shall have the right to access the Premises for inspection and repair purposes, with reasonable notice to Tenant, except in emergencies.

Default:

• Definition: Tenant shall be in default if Tenant fails to pay rent when due, or if Tenant fails to comply with any other material term or condition of this Lease.
• Cure Period: Tenant shall have a cure period of [Number] days to remedy any default.
• Remedies: In the event of a default, Landlord shall have all remedies available under New Hampshire law, including, but not limited to, termination of the Lease and eviction of Tenant.

Relocation, Condemnation, and Casualty:

• Relocation: [Include relocation clause if applicable].
• Condemnation: If the Premises are condemned, this Lease shall terminate.
• Casualty: If the Premises are damaged by fire or other casualty, rent shall abate during the period of repair. If repairs cannot be completed within [Number] days, either party may terminate this Lease.

Move-In and Move-Out:

• Surrender: Upon expiration or termination of this Lease, Tenant shall surrender the Premises in the same condition as when received, reasonable wear and tear excepted.
• Security Deposit: The security deposit shall be returned to Tenant within [Number] days after Tenant vacates the Premises, less any deductions for damages or unpaid rent, in accordance with NH RSA 540-A.

Dispute Resolution:

• Negotiation: The parties agree to attempt to resolve any disputes through good-faith negotiation.
• Mediation/Arbitration: If negotiation is unsuccessful, the parties agree to submit the dispute to [Mediation/Arbitration].
• Governing Law: This Lease shall be governed by and construed in accordance with the laws of the State of New Hampshire.

Environmental Compliance: Tenant shall comply with all applicable environmental regulations, including those related to hazardous materials (cleaning chemicals, grease, asbestos), grease interceptor maintenance logs, and local stormwater/sewage authority regulations.

Licenses and Permits: Tenant is responsible for compliance with all labor, tax, and business registration obligations for New Hampshire restaurant operations, including business license display, state and local health inspection frequency, display of food service license, and fire inspection certificates.

Go-Dark Clause: Tenant is expected to operate continuously, with exceptions for force majeure or major repair.

Signage: All signage must comply with local ordinances and requires Landlord's approval.

Attachments:

• Exhibit A: Site Plan
• Exhibit B: Kitchen Equipment Inventory
• Exhibit C: Copies of all relevant permits and licenses

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

____________________________

[Landlord Name], Landlord

____________________________

[Tenant Name], Tenant