Rhode Island restaurant lease agreement template

Rhode Island Restaurant Lease Agreement

This Rhode Island Restaurant Lease Agreement (the "Agreement") is made and entered into as of this [Date] by and between [Landlord Name], residing at [Landlord Address], hereinafter referred to as "Landlord," and [Tenant Name], a [Tenant Business Entity Type, e.g., LLC] with a registered agent at [Registered Agent Name and Address], hereinafter referred to as "Tenant."

Property Description: The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the premises (the "Premises") located at [Full Property Address], consisting of approximately [Square Footage] square feet as depicted on the floor plan attached hereto as Exhibit A.

• Option A: The Premises includes a dining area, bar, kitchen, storage area, [Number] restrooms, and outdoor seating area as designated on Exhibit A.
• Option B: The Premises includes access to the following common areas shared with other tenants: [List Shared Areas].

Permitted Use: The Premises shall be used solely for the operation of a restaurant (the "Permitted Use").

• Option A: The restaurant shall be limited to the service of [Cuisine Type] cuisine.
• Option B: The Tenant shall be permitted to serve alcoholic beverages, subject to obtaining and maintaining all required Rhode Island licenses.
• Option C: The Tenant shall be permitted/not permitted to offer take-out and delivery services. Hours of operation are limited to [Start Time] to [End Time].

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.

• Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Number] years each, provided Tenant gives Landlord written notice of its intention to renew at least [Number] months prior to the Expiration Date.
• Option B: No option to renew is granted under this lease.

Rent: The Tenant shall pay Landlord rent as follows:

• Option A: Base Rent: [Dollar Amount] per month, payable in advance on the first day of each month.
• Option B: Percentage Rent: In addition to the Base Rent, Tenant shall pay [Percentage]% of gross sales exceeding [Dollar Amount] per month, payable within [Number] days after the end of each month.
• Option C: Common Area Maintenance (CAM) Charges: Tenant shall pay its pro rata share of CAM charges, estimated to be [Dollar Amount] per month, subject to annual reconciliation. This includes but is not limited to [Examples of CAM expenses].
• Option D: Real Estate Taxes: Tenant shall pay its pro rata share of real estate taxes. Landlord will provide tax statements on or before [Date]. Tenant will remit payment within [Number] days.

Security Deposit: The Tenant shall deposit with the Landlord a security deposit in the amount of [Dollar Amount], which shall be held by the Landlord as security for the Tenant’s performance of its obligations under this Lease, in compliance with Rhode Island law.

Taxes: Tenant shall be responsible for all applicable Rhode Island state and local taxes related to the operation of the restaurant, including but not limited to meal and beverage tax collection.

• Option A: Tenant will collect and remit all meal and beverage taxes to the RI Division of Taxation as required by law.
• Option B: Tenant is responsible for any increases in real estate taxes attributed to the use of the space as a restaurant.

Maintenance and Repair: The responsibilities for maintenance and repair are as follows:

• Landlord's Responsibilities: The Landlord shall be responsible for maintaining the exterior of the Premises, including the roof, structural components, and major systems.
• Tenant's Responsibilities: The Tenant shall be responsible for maintaining the interior of the Premises, including the kitchen equipment, plumbing fixtures, fire suppression system (ANSUL), hoods, and ventilation. Tenant is responsible for regular grease trap cleaning.

Utilities: Responsibility for utility services is as follows:

• Water/Sewer: [Landlord/Tenant] shall be responsible for contracting and paying for water and sewer services.
• Gas: [Landlord/Tenant] shall be responsible for contracting and paying for gas services.
• Electricity: [Landlord/Tenant] shall be responsible for contracting and paying for electricity services.
• Trash/Recycling: [Landlord/Tenant] shall be responsible for contracting and paying for trash and recycling collection.

Tenant Improvements: Tenant shall have the right to make improvements to the Premises in accordance with the following:

• Option A: Landlord provides a build-out allowance of [Dollar Amount].
• Option B: Tenant shall submit plans and specifications for all improvements to Landlord for approval, which shall not be unreasonably withheld.
• All improvements must comply with all applicable Rhode Island building codes and health regulations.

Modifications and Alterations: Tenant shall not make any modifications or alterations to the Premises without the prior written consent of the Landlord.

ADA Compliance: Tenant is responsible for ensuring the premises and restaurant operations comply with the Americans with Disabilities Act (ADA), including but not limited to access to restrooms and public areas.

Insurance: The Tenant shall maintain the following insurance coverage:

• General Liability Insurance: [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate.
• Liquor Liability Insurance: [Dollar Amount] per occurrence and [Dollar Amount] in the aggregate, if applicable.
• Property Insurance: Covering the Tenant’s personal property and fixtures.
• The Landlord shall be named as an additional insured on the Tenant’s general liability and liquor liability insurance policies.

Environmental Compliance: Tenant shall comply with all applicable environmental laws and regulations, including those relating to the disposal of fats, oils, and grease (FOG).

Indemnification: Tenant shall indemnify and hold harmless Landlord from and against any and all claims, losses, damages, liabilities, and expenses arising out of or relating to the Tenant’s use of the Premises.

Signage: Tenant shall have the right to install signage in accordance with applicable local ordinances and with Landlord's prior written approval.

Fire Safety: Tenant shall be responsible for the inspection and maintenance of the fire suppression system and compliance with all applicable Rhode Island fire marshal regulations.

Sublease and Assignment: Tenant shall not sublease the Premises or assign this Lease without the prior written consent of the Landlord, which shall not be unreasonably withheld.

Default and Remedies: If Tenant fails to pay rent or otherwise defaults under this Lease, Landlord shall have the right to pursue all available remedies, including termination of the Lease and eviction, in accordance with Rhode Island law.

Move-In/Move-Out: Upon termination of this Lease, Tenant shall surrender the Premises in the same condition as received, reasonable wear and tear excepted.

Quiet Enjoyment: Landlord covenants that Tenant shall have quiet enjoyment of the Premises during the term of this Lease.

Casualty and Condemnation: If the Premises are damaged by fire or other casualty, this Lease may be terminated or the Premises may be restored, as provided by Rhode Island law.

Dispute Resolution: Any dispute arising out of or relating to this Lease shall be resolved through mediation in Rhode Island. If mediation fails, the dispute shall be resolved in the courts of Rhode Island, and governed by Rhode Island law.

Compliance with Laws: Tenant shall comply with all applicable Rhode Island state and local laws, regulations, and ordinances related to the operation of the restaurant, including food safety and liquor licensing.

Personal Guaranty: If Tenant is a business entity, the following individual(s) [Guarantor Name(s)] personally guarantee the Tenant’s obligations under this Lease.

Exhibits: The following exhibits are attached to and incorporated into this Lease:

• Exhibit A: Floor Plan
• Exhibit B: Permitted Use Schedule
• Exhibit C: Maintenance Schedule
• Exhibit D: Equipment Inventory

Landlord's Rules and Regulations: Tenant shall comply with all rules and regulations for the building or shopping center, as applicable.

Representations and Warranties: Both parties represent and warrant that they have the authority to enter into this Lease.

COVID-19/Public Health Emergencies: In the event of a public health emergency, such as the COVID-19 pandemic, the parties agree to negotiate in good faith regarding potential rent abatement or adjustments to operations.

Notices: All notices under this Lease shall be in writing and delivered by certified mail to the addresses set forth above.

Estoppel Certificates: Tenant agrees to provide estoppel certificates within [Number] days of Landlord's request.

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

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[Landlord Name], Landlord

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[Tenant Name], Tenant