Utah restaurant lease agreement template

Utah Restaurant Lease Agreement

This Restaurant Lease Agreement (the “Agreement”) is made and entered into as of this [Date], by and between [Landlord Legal Name], residing at [Landlord Address], (“Landlord”), and [Tenant Legal Name], residing at [Tenant Address], (“Tenant”). If applicable, Landlord's registered agent is [Landlord Registered Agent Name] at [Landlord Registered Agent Address], and Tenant's registered agent is [Tenant Registered Agent Name] at [Tenant Registered Agent Address].

Agreement Title: Restaurant Lease Agreement

Property Address: [Property Address], [City], Utah [Zip Code]

Legal Description: [Legal Description of Property]

Space Configuration:

• Indoor Dining Area Square Footage: [Square Footage]
• Kitchen Layout: [Description of Kitchen Layout]
• Restroom Facilities: [Number and Type of Restrooms]
• Storage: [Description of Storage Areas]
• Service Zones: [Description of Service Zones]
• Outdoor Dining/Patio Rights: [Description of Outdoor Dining Area, if any]
• Dedicated Parking Spaces: [Number of Customer Parking Spaces], [Number of Employee Parking Spaces]
• Delivery Access Points: [Description of Delivery Access]
• Trash/Recycling Storage: [Location and Description of Trash/Recycling Storage]
• Exclusive/Shared Use Areas: [Description of Exclusive and Shared Use Areas]

Permitted Use:

• Restaurant Operations: On-site food preparation, dine-in, takeout, delivery, and catering.
• Required Licenses: All required local, county, and Utah state restaurant licenses, food handler permits, and business registration.
• Prohibited Uses: Non-permitted uses, unauthorized changes of use, or subletting without Landlord’s written consent.

Compliance:

• Utah’s commercial building, health, food safety, health department, fire code, ADA/wheelchair accessibility.
• Ventilation/Exhaust Systems: Maintenance and grease trap cleaning schedules. Frequency: [Cleaning Frequency].
• Alcohol Service: If applicable, obligations for zoning, dram shop compliance, distance from schools/churches, and transfer rights per Utah law.

Lease Term:

• Commencement Date: [Date]
• Expiration Date: [Date]
• Lease Term Length: [Number] years.
• Options for Renewal:
  • Option A: Tenant shall have the option to renew this lease for [Number] additional term(s) of [Number] years each.
  • Option B: Renewal requires written notice to Landlord at least [Number] months prior to the expiration date.
• Conditions for Early Termination: [Conditions]
• Permitted Break Clauses: [Description of Break Clauses]

Rent:

• Monthly Rent: [$ Amount]
• Annual Rent: [$ Amount]
• Calculation Basis: [Per Square Foot or Fixed]
  • Option A: Per Square Foot: [$ Amount] per square foot.
  • Option B: Fixed Rent: [$ Amount]
• Rent Escalations:
  • Option A: Annual Increases: [Percentage]% annual increase.
  • Option B: CPI Adjustments: Based on the Consumer Price Index.
• Payment Method: [Payment Method]
• Grace Period: [Number] days
• Late Fees: [$ Amount]
• Security Deposit: [$ Amount]. Holding procedures will comply with Utah law.

Taxes:

• Property Taxes: Responsibility of [Landlord/Tenant]. Includes Utah state and local taxing jurisdictions.
• Sales Tax on Rent: [Applicable/Not Applicable]. If applicable, responsibility of [Landlord/Tenant].
• Business Personal Property Tax: Tenant responsible for restaurant equipment and fixtures.

Utilities:

• Landlord Responsibilities: [List of Utilities Landlord Pays]
• Tenant Responsibilities: [List of Utilities Tenant Pays]. Includes gas, electricity, water, sewer, internet, trash, grease removal.
• HVAC and Hood/Exhaust System Servicing: Responsibility of [Landlord/Tenant] with servicing schedule to be [Frequency].
• Janitorial and Cleaning: In public/common areas, responsibility of [Landlord/Tenant].
• Snow Removal: Responsibility of [Landlord/Tenant] per Utah requirements.

Maintenance and Repair:

• Landlord Warranty: All building systems in good working order at move-in.
• Tenant Responsibilities: Interior cleaning, kitchen equipment, pest control, and repair of tenant-installed trade fixtures.
• Landlord Responsibilities: Structure, roof, plumbing, electrical, and exterior.
• Reporting and Response: Rapid reporting of code-related repairs with Landlord response within [Number] days.

Tenant Improvements:

• Permitted improvements for restaurant operations: Kitchen build-out, walk-in cooler/freezer installation, signage, ADA upgrades.
• Requirements: Engineering drawings, required city/county permits, and compliance with Utah building code and municipal ordinance.

Signage:

• Types: Building, window, and monument.
• Compliance: Local sign ordinances.
• Exterior Seating/Awning Installations: [Permitted/Not Permitted] with Landlord approval.

Equipment and Fixtures:

• Landlord Property: [List of Landlord Property]
• Tenant Property: [List of Tenant Property]
• Removal and Restoration: Procedures for removal, repair, and restoration upon move-out.

Fire/Life/Safety Compliance:

• Requirements: Alarm system, extinguishers, commercial range hood suppression, local fire marshal inspections.
• Emergency Response Planning: Mandatory emergency response planning.

Insurance:

• Tenant Requirements: Utah-compliant commercial general liability, property/casualty, business interruption, and, if serving alcohol, liquor liability.
  • Liability Amount: [$ Amount]
• Landlord Requirements: Building insurance.
• Additional Insured: Landlord to be named as additional insured on Tenant's policy.
• Certificate of Insurance: Required to be provided to Landlord.

Indemnification:

Tenant agrees to indemnify, waive subrogation, and hold harmless Landlord for personal injury, property damage, and claims arising under Utah premises liability law.

Compliance with Laws:

• Tenant Compliance: All municipal zoning and land use laws for restaurant operations, Utah Department of Environmental Quality waste disposal and grease trap standards, Utah labor and employment law (including workers compensation compliance), and applicable federal food safety statutes.

Breach and Remedies:

• Breach Events: Nonpayment of rent, health code violations, operating license suspension, or safety issues.
• Notice and Cure Periods: Utah-mandated notice and cure periods.
• Landlord Remedies: Rights of re-entry, lockout, and accelerated rent claims.
• Abandonment: Procedures for abandonment of premises.

Assignment and Subletting:

• Rules: Landlord consent required.
• Compliance: Utah law compliance.
• Transfer of Lease: Possible transfer of lease with business sale, subject to Landlord approval.

Parking and Common Areas:

• Customer and Employee Parking: [Description of Parking Arrangements]
• Shared Utility Metering: [Description of Shared Utility Metering]
• Use of Shared Corridors: [Description of Use]
• Dumpster and Grease Disposal: Procedures for dumpster or grease disposal (including Landlord review of service contracts).

Move-In and Move-Out:

• Procedures: Required cleaning, repairs, and condition at surrender.
• Handling of Keys and Access Cards: [Description of Procedures]
• Security Deposit: Time-limited refund and lawful deductions under Utah code.
• Removal of Inventory: Tenant responsible for removal of food inventory and hazardous materials.

Dispute Resolution:

• Initial Negotiation: Parties agree to negotiate in good faith.
• Mediation: [Name of Local Mediation Services].
• Arbitration: [Arbitration Clause, if any]
• Governing Law & Jurisdiction: Utah law and Utah court jurisdiction.

Miscellaneous:

• Integration Clause: This Agreement constitutes the entire agreement.
• Modification Clause: Any modifications must be in writing and signed by both parties.
• Severability Clause: If any provision is deemed invalid, the remaining provisions shall remain in effect.
• Notice: All notices must be in writing and delivered to the addresses listed above.
• Force Majeure: Excuses performance for events beyond reasonable control.
• Representation/Warranty: Acknowledgment clauses adapted to Utah statutes.

Utah Tax Compliance:

Tenant will collect and remit all applicable Utah state, county, and city taxes, including sales tax, transient room taxes (if applicable), and meal assessment fees. Tenant will maintain accurate records for audits or regulatory inquiries.

Local Municipal Requirements:

Tenant will comply with all local municipal requirements specific to the premises, such as Salt Lake City’s restaurant licensing periodic inspection program.

Specific Property & Restaurant Considerations:

This agreement is drafted with reference to the actual property layout, equipment, operational hours, anticipated restaurant format ([Quick Service, Fast Casual, Full Service, etc.]), and neighborhood considerations affecting restaurant operations, noise, odors, waste handling, and customer traffic flow as regulated under Utah rules.

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

____________________________

[Landlord Legal Name]

____________________________

[Tenant Legal Name]