South Carolina restaurant lease agreement template

South Carolina Restaurant Lease Agreement

This South Carolina Restaurant Lease Agreement (the “Agreement”) is made and entered into as of this [Date], by and between [Landlord Name], a [Landlord Entity Type, e.g., South Carolina Limited Liability Company], with a principal place of business at [Landlord Address], hereinafter referred to as "Landlord," and [Tenant Name], a [Tenant Entity Type, e.g., South Carolina Corporation], with a principal place of business at [Tenant Address], and whose registered agent is [Registered Agent Name] at [Registered Agent Address], hereinafter referred to as "Tenant."

Property Description

Option A: The Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the premises (the “Premises”) located at [Street Address], [City], South Carolina, [Zip Code], with Tax Map Number [Tax Map Number], and legally described as [Legal Description as per County Records].

Option B: The Premises consists of approximately [Square Footage] square feet located within the building at [Street Address], [City], South Carolina, [Zip Code]. The Premises is outlined on Exhibit A attached hereto.

Premises Details

The Premises includes the following:

• Total Square Footage: [Square Footage]
• Seating Capacity: [Number] (as per South Carolina DHEC regulations)
• Kitchen Facilities: [Description of Commercial Equipment, Hood/Ventilation, Grease Traps, Fire Suppression, Walk-in Refrigeration, etc.]
• Dining Area Layout: [Description of Dining Area]
• Restrooms: [Number of Restrooms and Accessibility Compliance]
• Outdoor Dining/Patio: [Description of Outdoor Area, if any]
• Parking Spaces: [Number] dedicated parking spaces.
• Delivery/Loading Zones: [Description]
• Drive-Thru Lanes: [Description if Applicable]

Permitted Use and Restrictions

Option A: The Premises shall be used solely for the operation of a [Restaurant Type, e.g., Full Service, Fast-Food, Bar/Grill, Cafe] restaurant.

Option B: The Tenant shall operate a [Restaurant Type] restaurant and is restricted to the following hours of operation: [Hours of Operation], in compliance with South Carolina Alcoholic Beverage Control (ABC) regulations, if applicable.

Lawful Use Compliance

Tenant shall comply with all applicable federal, state, and local laws, ordinances, and regulations relating to the operation of a restaurant, including, but not limited to, South Carolina food safety and health codes, and zoning ordinances.

Tenant shall obtain and maintain all necessary operational licenses and permits, including, but not limited to, a South Carolina DHEC food service permit, SC DOR tax licenses, and alcohol sales permits (if applicable).

Tenant acknowledges that any change of use, subletting, or assignment requires Landlord’s written consent and compliance with South Carolina real estate law.

Lease Term and Renewal

Option A: The term of this Lease shall commence on [Commencement Date] and shall expire on [Expiration Date] (the “Term”).

Option B: Renewal Options: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Duration of Renewal Term] each, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the expiration of the then-current Term.

Option C: Right of First Refusal: Tenant shall have the right of first refusal on the adjacent space located at [Address of Adjacent Space].

Rent

Option A: Base Rent: The base rent shall be [Dollar Amount] per square foot, per year, payable in equal monthly installments of [Dollar Amount], due on the [Day] day of each month.

Escalation Clause: The base rent shall increase by [Percentage]% annually, commencing on [Date].

Option B: Percentage Rent: In addition to the base rent, Tenant shall pay percentage rent equal to [Percentage]% of gross sales exceeding [Dollar Amount] in any calendar year. "Gross sales" shall mean [Definition of Gross Sales].

Option C: Security Deposit: Tenant shall pay a security deposit of [Dollar Amount] upon execution of this Lease.

Rent Abatement: Tenant shall receive rent abatement for the period from [Start Date] to [End Date] due to construction delays.

Payment Method: Rent shall be payable by [Payment Method, e.g., check, electronic transfer] to [Payee Information].

Taxes: Landlord is responsible for [Percentage]% and Tenant is responsible for [Percentage]% of South Carolina real property taxes.

Property Tax, Insurance, and CAM

Option A: Tenant shall be responsible for paying its pro rata share of property taxes, insurance, and common area maintenance (CAM) fees, estimated to be [Dollar Amount] per month.

Option B: Insurance: Tenant shall maintain property, casualty, and liability insurance with coverage meeting South Carolina minimum standards of [Dollar Amount]. Landlord shall maintain [Description of Landlord's insurance].

Tenant shall provide Landlord with certificates of insurance evidencing the required coverage.

Option C: Utilities: Tenant shall be responsible for all utility charges, including water, sewer, natural gas, electricity, pest control, solid waste, and grease trap maintenance.

Tenant will maintain grease traps per DHEC regulations.

Maintenance and Repairs

Tenant shall be responsible for the maintenance, repair, and replacement of the following: [List of Tenant's Responsibilities, e.g., HVAC, kitchen exhaust, fire suppression systems, grease interceptors, plumbing, interior building elements].

Landlord shall be responsible for the maintenance, repair, and replacement of the following: [List of Landlord's Responsibilities, e.g., roof, foundation, exterior walls].

Hood cleaning and equipment inspection shall occur at intervals per DHEC regulations.

Alterations and Improvements

Tenant shall not make any alterations or improvements to the Premises without Landlord’s prior written consent.

All alterations and improvements shall comply with applicable building codes, zoning ordinances, and historic district guidelines, if applicable.

Surrender of Premises

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

Option A: Tenant shall remove all of its equipment and fixtures and restore the Premises to its original condition.

Option B: Tenant shall remove only [Specified List] equipment and fixtures. All other improvements shall become the property of the Landlord. Tenant shall leave a white box.

Delivery of Possession

Landlord shall deliver possession of the Premises to Tenant on the Commencement Date in a clean, pest-free condition, with all mechanical and food service systems operational and inspected.

Tenant shall have the right to inspect the Premises prior to the Commencement Date.

If the Premises is not in compliance with DHEC standards at the time of delivery, Landlord shall be responsible for bringing the Premises into compliance.

Licenses and Permits

Tenant shall obtain and maintain all necessary food service, business, and liquor licenses from DHEC, SCDOR, ABC, city/county authorities.

Tenant shall display health inspection reports and comply with random inspections in accordance with South Carolina law.

Environmental Compliance

Tenant shall comply with all South Carolina environmental regulations pertaining to restaurant operations, including wastewater discharge and FOG (fats, oils, grease) ordinance compliance.

Pest Control and Waste Removal

Tenant shall be responsible for regular pest control, grease trap cleaning, and solid waste removal to prevent municipal code violations.

ADA and Code Compliance

Tenant shall comply with all South Carolina ADA accessibility requirements, building codes, and fire safety codes.

Nuisance Control

Tenant shall operate its business in a manner that does not create a nuisance for other tenants or neighboring properties, including noise and odor control.

Parking and Outdoor Space

Tenant shall be responsible for the maintenance and liability of its dedicated parking spaces.

Use of outdoor/public space for seasonal dining shall comply with city/county permit requirements.

Casualty and Indemnification

Tenant shall indemnify Landlord for any health code, food contamination, or alcohol violation penalties.

Landlord’s Access

Landlord shall have the right to access the Premises for inspection, repairs, and showing, with reasonable notice to Tenant.

Assignment and Subletting

Tenant shall not assign this Lease or sublet the Premises without Landlord’s prior written consent.

Default and Remedies

In the event of a breach of this Lease, the non-breaching party shall have all remedies available at law or in equity, including, but not limited to, eviction, damages, and specific performance.

South Carolina eviction process for commercial tenancies will be followed.

Dispute Resolution

Any dispute arising out of or relating to this Lease shall be resolved through negotiation or mediation. If mediation fails, the dispute shall be resolved in the courts of South Carolina. Venue shall be in [County Name] County, South Carolina.

Entire Agreement

This Lease constitutes the entire agreement between the parties and supersedes all prior oral and written agreements.

Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of South Carolina.

Applicable laws include S.C. Code Ann. Title 27 (Property and Conveyances), Title 61 (Alcohol and Alcoholic Beverage Control), Title 12 (Taxation), and local municipal business, fire, and zoning ordinances.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Lease due to causes beyond its reasonable control, including, but not limited to, acts of God, war, or government regulations (including closures for health code violations or emergency shutdowns).

Notices

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.

Tenant Acknowledgements

Tenant acknowledges that it is responsible for understanding its obligations with respect to Title III of the ADA and any requirements under South Carolina law.

Tenant shall ensure that it maintains policies and practices to remain in compliance.

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

Landlord:

____________________________

[Landlord Name]

Tenant:

____________________________

[Tenant Name]