West Virginia restaurant lease agreement template

West Virginia Restaurant Lease Agreement

This West Virginia Restaurant Lease Agreement ("Agreement") is made and entered into as of [Date], by and between [Landlord Name], residing at [Landlord Address], hereinafter referred to as "Landlord," and [Tenant Name], a [Tenant Entity Type, e.g., LLC], with a principal place of business at [Tenant Address], hereinafter referred to as "Tenant."

Parties and Contact Information:

Landlord: [Landlord Full Legal Name], [Landlord Business Entity Type, if applicable], Address: [Landlord Address], Phone: [Landlord Phone], Email: [Landlord Email]

Tenant: [Tenant Full Legal Name], [Tenant Business Entity Type, if applicable], Address: [Tenant Address], Phone: [Tenant Phone], Email: [Tenant Email]

Premises:

The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the premises located at [Property Address], in [City, West Virginia], and legally described as follows: [Full Legal Description of Property].

The Premises consist of approximately [Square Footage] square feet, including the following:

Dining Areas: [Dining Area Square Footage and Description]

Kitchen: [Kitchen Square Footage and Description]

Bar Area (if applicable): [Bar Area Square Footage and Description]

Food Prep and Storage: [Food Prep and Storage Square Footage and Description]

Restrooms: [Number of Restrooms and Accessibility Details]

Outdoor Seating/Patio (if applicable): [Outdoor Seating Square Footage and Description]

Drive-Through Lanes (if applicable): [Number of Lanes and Dimensions]

Dedicated Parking: [Number of Parking Spaces and Location]

Waste and Grease Disposal Areas: [Location and Specifications]

Storage/Basement (if applicable): [Storage/Basement Square Footage and Description]

Fixtures and Equipment:

The following fixtures and equipment are included in the lease and shall remain the property of the Landlord:

[List of Landlord-Owned Fixtures and Equipment, e.g., HVAC system, basic plumbing fixtures, electrical wiring]

The following restaurant trade fixtures, equipment, and appliances are included in the lease and shall remain the property of the Landlord:

[List of Landlord-Owned Restaurant Fixtures and Equipment, e.g., hoods, walk-in coolers, fryers, ovens, grease traps, fire suppression systems, existing furniture, point-of-sale infrastructure]

All other fixtures, equipment, and appliances not specifically listed above are the property of the Tenant. Tenant is responsible for maintenance and insurance of such equipment.

Permitted Use:

The Premises shall be used and occupied by the Tenant solely for the purpose of operating a [Type of Restaurant, e.g., full-service, quick-service, specific cuisine] restaurant.

Option A: The Tenant shall not sell any alcoholic beverages without obtaining all necessary licenses and permits from the West Virginia Alcohol Beverage Control Administration (WVABCA) and complying with all WVABCA regulations. Landlord agrees to cooperate with Tenant in obtaining such licenses and permits.

Option B: The Tenant is prohibited from selling alcoholic beverages.

The Tenant shall not use the Premises for any other purpose without the Landlord's prior written consent.

Licenses and Permits:

The Tenant shall obtain and maintain all necessary business licenses and permits required to operate a restaurant in the State of West Virginia and [City/County], including but not limited to:

West Virginia Department of Health and Human Resources (DHHR) food service permit.

[Local Business License, if applicable].

[Liquor License, if applicable, acknowledging WVABCA requirements].

Any other licenses required by West Virginia state and local law.

Tenant shall prominently display all licenses and permits as required by law.

Compliance with Laws:

The Tenant shall comply with all applicable federal, state, and local laws, ordinances, rules, and regulations, including but not limited to:

West Virginia food and environmental codes.

Fire safety regulations.

Food storage and preparation regulations.

ADA accessibility requirements.

Ventilation/hood requirements.

Grease management regulations.

Commercial waste disposal regulations.

Pest control regulations.

Lease Term:

The term of this Lease shall be [Number] years, commencing on [Start Date] ("Commencement Date") and expiring on [Expiration Date].

Option A: Tenant shall have the option to renew this Lease for [Number] additional [Years] terms, provided that Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the expiration of the initial term. The rent for each renewal term shall be determined as follows: [Rent Review and Modification Provision].

Option B: Tenant shall have a right of first refusal to lease the Premises for an additional term, subject to negotiation with Landlord on commercially reasonable terms.

Possession of the Premises shall be delivered to the Tenant on the Commencement Date.

Rent:

The base rent shall be [Dollar Amount] per month, payable in advance on the [Day] day of each month, commencing on the Commencement Date.

Option A: In addition to the base rent, Tenant shall pay percentage rent equal to [Percentage]% of gross sales exceeding [Dollar Amount] per month.

Option B: The Lease is a triple-net lease. In addition to the base rent, Tenant shall pay all real property taxes, insurance premiums, and common area maintenance (CAM) charges. CAM charges shall be calculated as follows: [Calculation of CAM Charges].

The rent shall escalate as follows: [Rent Escalation Clause, e.g., percentage increase, CPI adjustment].

Security Deposit:

The Tenant shall deposit with the Landlord a security deposit of [Dollar Amount], which shall be held by the Landlord as security for the performance of the Tenant's obligations under this Lease.

The security deposit shall be returned to the Tenant within [Number] days after the expiration or termination of this Lease, less any amounts necessary to cover damages to the Premises or unpaid rent. This shall be in accordance with West Virginia law regarding security deposits.

Payment Terms:

Rent and all other payments due under this Lease shall be made payable to [Payee Name] and delivered to [Payment Address] by [Payment Method, e.g., check, electronic transfer]. Landlord's bank information for electronic transfer: [Bank Name, Account Number, Routing Number].

Late Payment: If any payment is not received by the Landlord within [Number] days of the due date, a late fee of [Dollar Amount or Percentage] shall be assessed.

Tenant shall be responsible for paying all utility charges for the Premises, including gas, electricity, water, sewer, and garbage/waste disposal.

Exclusive Use:

Landlord agrees that during the term of this Lease, Landlord shall not lease any other space in the building located at [Building Address] to a business that is primarily engaged in the operation of a [Specific Type of Restaurant] restaurant.

Repairs and Maintenance:

Landlord's Responsibilities:

Landlord shall be responsible for maintaining the structural integrity of the building, including the roof, foundation, and exterior walls.

Landlord shall be responsible for maintaining the common areas of the building.

Tenant's Responsibilities:

Tenant shall be responsible for maintaining the interior of the Premises, including all fixtures and equipment owned by the Tenant.

Tenant shall be responsible for regular grease trap cleaning in compliance with West Virginia and city ordinances.

Tenant shall be responsible for hood/vent inspections and maintenance.

Tenant shall be responsible for maintaining the HVAC system servicing the Premises.

Tenant shall be responsible for refrigeration maintenance.

Tenant shall be responsible for kitchen plumbing maintenance.

Tenant shall be responsible for regular pest control in compliance with West Virginia and city ordinances.

Insurance:

Tenant shall maintain the following insurance policies at its sole cost and expense:

General liability insurance with a minimum coverage of [Dollar Amount] per occurrence.

Property contents insurance covering the Tenant's personal property and equipment.

Equipment breakdown insurance.

Food contamination/spoilage insurance.

Liquor liability insurance (if serving alcohol).

Business interruption insurance.

Workers’ compensation insurance as required by West Virginia law.

Landlord shall be named as an additional insured on the Tenant's general liability insurance policy. Tenant shall provide Landlord with certificates of insurance evidencing such coverage.

Landlord's Access:

Landlord shall have the right to enter the Premises at reasonable times to inspect the Premises, make necessary repairs, or show the Premises to prospective tenants or purchasers, provided that Landlord gives Tenant reasonable prior notice and does not unreasonably interfere with Tenant's business operations. In case of emergency, Landlord may enter the Premises without prior notice.

Alterations and Improvements:

Tenant shall not make any alterations or improvements to the Premises without the Landlord's prior written consent. Any alterations or improvements made by the Tenant shall become the property of the Landlord upon the expiration or termination of this Lease.

All signage must comply with local codes and be approved by the Landlord.

Compliance with Laws (Specific to Restaurant):

The Tenant shall comply with all West Virginia property, health, fire safety, and environmental laws.

Specifically, Tenant shall maintain HVAC, fire suppression, exit routes, exhaust, ventilation, and emergency lighting to meet restaurant code minimums.

Restoration at End of Term:

Upon the expiration or termination of this Lease, the Tenant shall surrender the Premises to the Landlord in good condition, reasonable wear and tear excepted. Tenant shall remove all of its personal property and equipment, and restore the Premises to its original condition, including removing specialty kitchen fixtures, grease traps, remediating odors or grease stains, and restoring vent penetrations.

Assignment and Subletting:

Tenant shall not assign this Lease or sublet the Premises without the Landlord's prior written consent, which consent shall not be unreasonably withheld.

Any assignment or subletting shall be subject to the Landlord's approval of the proposed assignee or subtenant, including their financial condition and proposed use of the Premises.

Default:

The following shall constitute events of default by the Tenant:

Failure to pay rent or other charges when due.

Failure to comply with any other term or condition of this Lease.

Health code violations causing closure of the restaurant.

Non-renewal of liquor license (if applicable).

Failure to maintain kitchen standards.

Abandonment of the Premises.

Upon the occurrence of an event of default, the Landlord shall have the right to:

Terminate this Lease and repossess the Premises in accordance with West Virginia law.

Pursue any other remedies available at law or in equity.

Force Majeure:

Neither party shall be liable for any failure to perform its obligations under this Lease if such failure is caused by a force majeure event, including but not limited to acts of God, war, terrorism, pandemics, food supply chain disruptions, or public health emergencies in West Virginia.

Signage:

Tenant shall have the right to install and maintain signage identifying its business on the Premises, subject to Landlord's approval and compliance with all applicable local ordinances.

Parking and Delivery:

Tenant shall have the right to use [Number] parking spaces for its employees and customers. Delivery vehicles shall have access to the Premises during reasonable hours.

Outdoor Seating:

Tenant shall [Have/Not Have] the right to operate outdoor seating on the patio area, subject to Landlord's approval and compliance with all applicable local ordinances.

Dispute Resolution:

Any dispute arising out of or relating to this Lease shall be resolved through negotiation and mediation. If the dispute cannot be resolved through negotiation and mediation, it shall be submitted to the courts of [County Name] County, West Virginia. The prevailing party in any litigation shall be entitled to recover its reasonable attorneys' fees.

Governing Law:

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

Property Taxes:

Tenant shall be responsible for the payment of property taxes as follows: [Description of Property Tax Responsibility, e.g., Pass-through of property taxes, Gross lease].

Health Inspections:

Tenant shall comply with all West Virginia Department of Health and Human Resources (DHHR) food safety rules and local health inspections. Tenant shall promptly notify Landlord of any adverse health inspection reports.

Construction Requirements:

Tenant is responsible for construction requirements necessary to meet restaurant occupancy, state or local building permit requirements, and exacting finish-out standards (flooring, fire-rated walls, ventilation ducting) for food establishments. Tenant shall obtain a Certificate of Occupancy prior to opening the restaurant.

Quiet Enjoyment:

Landlord covenants that Tenant shall have quiet enjoyment of the Premises during the term of this Lease, provided that Tenant pays the rent and performs all of its other obligations under this Lease.

Attached Exhibits:

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

Exhibit A: [Floor Plan of Premises]

Exhibit B: [List of Landlord-Owned Fixtures and Equipment]

Exhibit C: [Signage Specifications]

Exhibit D: [Lead Paint/HVAC/Asbestos Notices, if applicable]

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

____________________________

[Landlord Signature]

[Landlord Printed Name]

____________________________

[Tenant Signature]

[Tenant Printed Name]