Wisconsin restaurant lease agreement template

Wisconsin Restaurant Lease Agreement

This Wisconsin Restaurant Lease Agreement (the "Agreement") is made and entered into as of [Date], by and between [Landlord Name], a [Landlord Entity Type], with an address at [Landlord Address] ("Landlord"), and [Tenant Name], a [Tenant Entity Type], with an address at [Tenant Address] ("Tenant").

1. Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the following described premises (the "Premises") located at [Property Address], including suite/unit number(s) [Suite/Unit Number].

The Premises consists of approximately [Square Footage] square feet, and includes, but is not limited to:

• Kitchen Area(s)
• Dining Area(s)
• Storage Area(s)
• Bathroom(s)
• Patio Area(s) (if applicable)
• Exclusive use of exterior spaces for seating or signage (if applicable). Demarcation details: [Demarcation Details].

2. Use

The Premises shall be used and occupied by Tenant solely for the purpose of operating a food service establishment/restaurant (the "Permitted Use").

• Option A: Specifically, the type of cuisine is limited to [Type of Cuisine].
• Option B: Restrictions on dine-in/take-out/drive-thru: [Dine-In/Take-Out/Drive-Thru Restrictions].
• Option C: Restrictions on alcohol service: [Alcohol Service Restrictions].
• Option D: Restrictions on live entertainment: [Live Entertainment Restrictions].
• Option E: Hours of Operation: [Hours of Operation].

Tenant shall comply with all local, county, and Wisconsin state health codes, commercial building codes, fire safety codes, ADA requirements, liquor license zoning, and food safety regulations.

3. Term

The term of this Lease shall commence on [Start Date] and shall end on [End Date] (the "Term").

Renewal and Extension Rights:

• Option A: Tenant shall have the option to renew this Lease for [Number] additional term(s) of [Length of Renewal Term] each. Tenant shall provide Landlord with written notice of its intent to renew at least [Number] months prior to the expiration of the then-current term.
• Option B: No renewal option.

Early Termination Conditions: [Early Termination Conditions].

Option to Purchase: [Option to Purchase Details].

4. Rent

Tenant shall pay Landlord base rent in the amount of [Rent Amount] per month (the "Base Rent").

Payment Frequency: Payments shall be made [Payment Frequency].

Acceptable Payment Methods: [Acceptable Payment Methods].

Security Deposit: Tenant shall pay a security deposit of [Deposit Amount].

Annual/Periodic Rent Increases: [Rent Increase Details].

Percentage Rent/Sales-Based Rent (if applicable): [Percentage Rent Details].

Allocation of State and Local Taxes:

• Real Estate Tax: [Allocation of Real Estate Tax].
• Personal Property Tax: [Allocation of Personal Property Tax].
• Sales Tax on Rent (if applicable to Wisconsin): [Allocation of Sales Tax on Rent].

CAM (Common Area Maintenance) Charges: [CAM Charge Details].

Utility Payments:

• Water: [Allocation of Water Payment].
• Gas: [Allocation of Gas Payment].
• Electricity: [Allocation of Electricity Payment].
• Garbage: [Allocation of Garbage Payment].
• Grease Trap Service: [Allocation of Grease Trap Service].

Snow Removal: [Allocation of Snow Removal Responsibility].

Parking Area Use/Fees: [Parking Details].

Pest Control: [Allocation of Pest Control Responsibility].

Municipal Restaurant-Related Assessments: [Allocation of Municipal Assessments].

5. Security Deposit

Security Deposit Amount: [Deposit Amount].

Interest Requirements (if any based on Wisconsin law): [Interest Details].

Return Conditions: The security deposit, less any deductions for damages or unpaid rent, shall be returned to Tenant within [Number] days after the termination of this Lease and Tenant's surrender of the Premises, in accordance with Wisconsin law.

6. Buildout and Equipment

Landlord Responsibilities: [Landlord Buildout Responsibilities].

Tenant Responsibilities: [Tenant Buildout Responsibilities].

Kitchen Equipment Ownership:

• Hoods: [Ownership of Hoods].
• Fire Suppression: [Ownership of Fire Suppression System].
• Venting: [Ownership of Venting System].
• Grease Traps: [Ownership of Grease Traps].
• Walk-ins: [Ownership of Walk-ins].

HVAC and Plumbing Maintenance: [Allocation of HVAC and Plumbing Maintenance].

All work must meet local permitting requirements, be performed by licensed trades, and receive health department sign-offs.

7. Tenant Improvements and Licensing

Tenant may make reasonable improvements with Landlord's prior written consent.

Building codes, health inspections, and certificate of occupancy procedures: [Details on Procedures].

Tenant is responsible for obtaining all licenses and regulatory permissions (occupancy permit, food license, liquor license, etc.).

8. Repair and Maintenance

Tenant Responsibilities:

• Regular cleaning standards: [Cleaning Standards].
• Grease and waste management: [Grease and Waste Management Procedures].
• Pest mitigation: [Pest Mitigation Procedures].
• Fire suppression inspection/maintenance: [Fire Suppression Details].
• Floor and hood cleaning schedules: [Cleaning Schedules].

Landlord Responsibilities: [Landlord Repair and Maintenance Responsibilities].

Procedures for Emergency Repairs: [Emergency Repair Procedures].

9. Landlord Access

Landlord has the right to access the Premises for inspections or repairs with [Number] hours' notice, except in emergencies.

Tenant must comply with Wisconsin's anti-smoking laws.

Landlord's right to enter for government compliance inspections.

10. Insurance

Tenant must maintain the following insurance coverage:

• Property and casualty insurance for full replacement of kitchen buildouts and tenant trade fixtures.
• Liquor liability insurance (if alcohol served).
• Commercial general liability with Wisconsin minimum limits of [Amount].
• Workers’ compensation as required by Wisconsin law.

Landlord must be named as additional insured.

Proof of coverage must be provided to Landlord.

Notifications for cancellation must be provided to Landlord.

11. Signage, Exterior Seating, and Other Restrictions

Signage Requirements and Restrictions: [Signage Details].

Exterior Seating Requirements and Restrictions: [Exterior Seating Details].

Music/Noise Restrictions: [Noise Restrictions].

Waste Disposal: [Waste Disposal Procedures].

Deliveries: [Delivery Details].

12. Subleasing and Assignment

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

Landlord's reasonable approval criteria: [Approval Criteria].

13. Breach and Remedies

Landlord's self-help remedies: [Landlord Remedies].

Default grace and cure periods: [Grace and Cure Periods].

Damages: [Damages Details].

Abandonment: [Abandonment Details].

Wisconsin-specific eviction/re-entry procedures: [Eviction Procedures].

14. Lease Expiration

Tenant obligations at lease expiration:

• Restoration to original condition (except for approved alterations).
• Cleaning.
• Removal of trade fixtures (with agreement on any fixtures to become landlord property: [Fixture Agreement]).
• Closure permit process.
• Return of keys/access cards.

15. Security Deposit Return

Security deposit return and accounting for damages will be handled according to Wisconsin Statutes, specifically [Statute Number], within [Number] days.

16. Code Compliance

Local code compliance for exhaust, waste, ADA access, bathroom facilities, and allowable occupancy loads: [Code Compliance Details].

17. Indemnification

Tenant shall indemnify Landlord for violations of health, environmental, fire, or employment laws.

18. Dispute Resolution

Negotiation/mediation/arbitration are prioritized prior to litigation.

Wisconsin law governs this agreement.

Venue is [County Name] County, Wisconsin.

Waiver of jury trial acknowledgment.

Allocation of attorney fees: [Attorney Fees Allocation].

19. Wisconsin-Specific Disclosures

Environmental Contamination (if applicable): [Environmental Disclosure].

Lead Paint (if constructed prior to 1978): [Lead Paint Disclosure].

Smoking Policy: [Smoking Policy Disclosure].

Acknowledgment of compliance with Ch. 704 Wis. Stats. and local ordinances.

20. Special Provisions

Drive-Thru Usage: [Drive-Thru Details].

Parking Allocations: [Parking Allocation Details].

Outdoor Seating Plan Approval: [Outdoor Seating Details].

Food Truck/Temporary Structure Limitations: [Food Truck Limitations].

21. Noncompete/Exclusive-Use Protections

Noncompete or exclusive-use protections (if applicable): [Noncompete Details].

22. Co-Tenancy/Anchor Tenant Clauses

Co-tenancy/anchor tenant clauses (if in shopping centers): [Co-Tenancy Details].

23. Notice

Notice procedures as required by Wisconsin law: [Notice Procedures].

24. Waiver of Liability

Landlord waiver of liability for perishables or business interruption except as negligent or willful conduct.

25. Audit Rights

Tenant has the right to audit CAM and tax bills if charges are passed through.

26. Assignment by Landlord

Landlord may assign this lease upon sale but requires successor in interest to assume obligations.

27. Environmental Impact Requirements

Local fire or restaurant-specific environmental impact requirements: [Environmental Impact Details].

28. Health Emergency Contingency

Health emergency contingency (if relevant and current): [Health Emergency Details].

29. Amendment

All amendments or changes must be in writing and signed by both parties.

Landlord:

____________________________
[Landlord Name]

____________________________
[Landlord Signature]

Tenant:

____________________________
[Tenant Name]

____________________________
[Tenant Signature]