Wyoming restaurant lease agreement template
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How Wyoming restaurant lease agreement Differ from Other States
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Wyoming laws often provide greater flexibility in negotiating lease termination clauses compared to stricter policies in many states.
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Wyoming's statutes impose minimal mandatory health and safety requirements, relying more on local regulations and less on statewide landlord obligations.
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Unlike some states, Wyoming does not require landlords to disclose certain prior property conditions, such as flood risks, unless specifically requested.
Frequently Asked Questions (FAQ)
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Q: Do Wyoming restaurant lease agreements need to be notarized?
A: No, notarization is not legally required, but it can add authenticity and may be preferred by some parties.
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Q: How long are typical restaurant lease terms in Wyoming?
A: Typical lease terms are 3 to 5 years, but terms can be negotiated to fit the specific needs of the landlord and tenant.
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Q: Are there specific state disclosures required in Wyoming restaurant leases?
A: Wyoming mandates very few state-specific disclosures. Parties should verify any required information with local authorities.
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Wyoming Restaurant Lease Agreement
This Wyoming 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., Corporation] with a principal place of business at [Tenant Address], hereinafter referred to as "Tenant."
If applicable, Landlord's statutory agent is [Agent Name], residing at [Agent Address].
Premises
Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the restaurant premises located at [Restaurant Property Address], more particularly described as: [Legal Description]. The Premises consist of approximately [Square Footage] square feet and include the following areas: seating area(s), [Seating Areas Description], kitchen area [Kitchen Area Description], storage spaces [Storage Space Description], and [Description of Outdoor Dining or Patio Spaces], along with designated parking/loading zones [Parking/Loading Zone Description].
Facilities and Equipment
The Premises include the following facilities and equipment: hood and venting systems, [Hood and Venting System Details], grease trap [Grease Trap Details], walk-in cooler [Walk-in Cooler Details], dishwashing infrastructure [Dishwashing Infrastructure Details], fire suppression system [Fire Suppression System Details], ADA compliance features [ADA Compliance Feature Details], existing fixtures [Existing Fixture Details], and the following excluded fixtures: [Excluded Fixture Details].
Permitted Use
The Premises shall be used and occupied solely for the purpose of operating a restaurant, specializing in [Type of Food Service], with the option of on-premises alcohol sales, subject to obtaining and maintaining a valid Wyoming liquor license.
Option A: Entertainment/Live Music is [Allowed/Not Allowed] subject to the following restrictions: [Entertainment Restrictions].
Option B: Hours of operation are limited to [Operating Hours].
Option C: This permitted use is subject to the following zoning and use limitations per local Wyoming ordinances and health code requirements: [Zoning Restrictions].
Licenses and Permits
Tenant shall obtain and maintain all necessary business licenses, Wyoming food establishment permits, liquor licenses (if applicable), sales tax registration, and health department approvals required to operate the restaurant.
Option A: Tenant shall diligently pursue all licenses and permits. In the event a liquor license is denied after diligent effort, Tenant shall have the option to [Terminate Lease/Continue Operation without Alcohol].
Option B: Tenant is responsible for all costs associated with obtaining and maintaining all licenses and permits.
Lease Term
The term of this Lease shall be [Lease Term Length], commencing on [Lease Commencement Date] and expiring on [Lease Expiration Date].
Option A: Tenant shall have the option to renew this Lease for [Renewal Term Length] additional terms, provided Tenant gives Landlord written notice of its intent to renew at least [Number] months prior to the expiration date.
Option B: Conditions for early termination by Tenant are: [Conditions for Tenant Early Termination]. Conditions for early termination by Landlord are: [Conditions for Landlord Early Termination].
Option C: Upon expiration, any holdover tenancy shall be on a month-to-month basis, at [Percentage]% of the then-current monthly rent.
Rent
The base rent shall be [Base Rent Amount] per month, payable in advance on the [Day] day of each month, commencing on [Rent Commencement Date].
Option A: Rent shall be paid via [Payment Method, e.g., Check, Electronic Transfer].
Option B: The base rent shall be increased annually based on the Consumer Price Index (CPI) increase, capped at [Percentage]% per year.
Option C: This is a [Triple Net/Gross] lease. If Triple Net, Tenant shall also pay its proportionate share of CAM charges, property taxes, insurance, and utilities, estimated at [Estimated Amount] per month. Allocation of costs for trash removal, grease trap pumping, pest control, and hood cleaning are as follows: [Cost Allocation Details].
Security Deposit
Tenant shall deposit with Landlord a security deposit of [Security Deposit Amount], which shall be held by Landlord as security for the Tenant’s performance of its obligations under this Lease. Landlord's permitted uses of the deposit are [Permitted Uses of Deposit].
Option A: The security deposit will [Accrue Interest/Not Accrue Interest].
Option B: Landlord shall return the security deposit, less any deductions, within [Number] days after the termination of this Lease, in accordance with Wyoming law.
Maintenance and Repairs
Tenant shall be responsible for the maintenance, repair, and replacement of the following: kitchen equipment, HVAC systems serving the Premises, plumbing within the Premises (including grease traps and sewer lines), electrical systems within the Premises, and fire safety systems within the Premises.
Option A: Tenant is required to perform the following restaurant-related maintenance: [Maintenance Requirements, e.g., Grease trap pumping every X months].
Option B: Landlord shall have the right to enter the Premises for inspections and emergency repairs, with reasonable notice to Tenant.
Option C: Tenant shall be responsible for addressing health code violations and pest infestation issues within the Premises.
Improvements and Alterations
Any property improvements, build-outs, or alterations to the Premises shall require Landlord's prior written approval.
Option A: All improvements must comply with Wyoming building codes and permitting requirements.
Option B: Upon termination of this Lease, [Tenant/Landlord] shall own all new improvements.
Option C: Tenant is responsible for restoring the premises to its original condition, reasonable wear and tear excepted. Treatment of trade fixtures: [Trade Fixture Details].
Compliance with Laws
Tenant shall comply with all federal, state, and local Wyoming environmental, food safety, and public health regulations.
Option A: Tenant shall maintain a record of routine health department inspections and immediately address any deficiencies.
Option B: Tenant is responsible for proper food storage and handling, safe waste management, and grease/hazardous substance disposal.
Option C: Procedures to address failed inspections or orders to close: [Shutdown Procedure Details].
Insurance
Tenant shall maintain the following insurance coverage: property insurance, general liability insurance [Minimum Coverage Amount], liquor liability insurance (if applicable), and workers' compensation insurance per Wyoming law.
Option A: Tenant shall provide Landlord with a certificate of insurance evidencing such coverage.
Option B: Tenant shall include a waiver of subrogation in favor of Landlord in all insurance policies.
Parking and Deliveries
Tenant's employees and customers shall be permitted to use the designated parking areas. Delivery trucks shall be permitted to use the loading zones during the following hours: [Delivery Hours].
Option A: Snow removal in the parking areas shall be the responsibility of [Landlord/Tenant].
Option B: Vendor and supplier access is permitted [During Business Hours/24 Hours].
Subletting and Assignment
Tenant shall not sublet the Premises or assign this Lease without Landlord's prior written consent.
Option A: Landlord's consent shall not be unreasonably withheld, conditioned, or delayed.
Option B: In the event of a proposed sale of Tenant's business, Landlord shall have the right of first refusal to purchase the business.
Default
If Tenant fails to pay rent or otherwise breaches this Lease, Landlord shall provide Tenant with written notice of default and a cure period of [Number] days.
Option A: If Tenant fails to cure the default, Landlord may terminate this Lease and pursue all available remedies under Wyoming law, including eviction.
Option B: In the event of abandonment, Landlord may re-enter the Premises and re-let it, holding Tenant liable for any deficiency in rent.
Option C: Liquidated damages for lease default will be [Liquidated Damage Amount].
Business Interruption
In the event of a business interruption due to health department shutdowns or force majeure events (e.g., extreme Wyoming weather), the following shall apply: [Business Interruption Procedures].
Option A: Rent abatement rights will be [Rent Abatement Right Details].
Option B: Allocation of public health-related risks: [Risk Allocation Details].
Move-In and Move-Out
Prior to commencement of the lease, Landlord shall deliver the premises in the following condition: [Landlord Delivery Condition].
Option A: Upon termination of the lease, Tenant shall vacate the Premises in a clean and orderly condition, removing all personal property and trade fixtures.
Option B: Tenant is responsible for grease and waste removal. Post-lease inspection protocols per Wyoming legal standards: [Inspection Details].
Dispute Resolution
Any disputes arising under this Lease shall be resolved through [Negotiation/Mediation/Arbitration] in Wyoming.
Option A: Exclusive jurisdiction and venue for any legal action shall be in the appropriate state or county courts in Wyoming.
Wyoming Law
This Lease shall be governed by and construed in accordance with the laws of the State of Wyoming.
Option A: Compliance statements with all Wyoming commercial lease statutes: [Compliance Statements].
Sales Tax
Responsibility for collecting and remitting sales taxes on food, beverage, and alcohol sales: [Sales Tax Responsibility Details].
Signage and Operations
Tenant shall comply with all local laws regarding signage, outdoor seating, and noise ordinances.
Option A: Signage restrictions in historic zones: [Signage Restrictions].
Option B: Operational restrictions due to nearby residences or schools under Wyoming regulations: [Operational Restrictions].
Unique Wyoming Concerns
Tenant acknowledges the unique Wyoming concerns such as winterization procedures, snow/ice safety, roof load standards, and allocation of utility shut-off risk due to extreme cold. Details are: [Wyoming Specific Details].
Termination Events
Clauses allowing for early termination or renegotiation in the event of condemnation, substantial code changes, or loss of critical permits (such as liquor license denial or revocation that materially impacts the business): [Termination Event Details].
Employee Training
Statement requiring tenant to maintain up-to-date employee training in Wyoming food safety/hygiene and maintain records for regulatory inspection: [Training Requirements].
Representations and Warranties
Landlord and Tenant representations and warranties regarding authority to sign, absence of pending enforcement, and accurate disclosure of the property’s compliance status with Wyoming law at the time of lease: [Warranty Details].
Additional Terms
Any additional terms required by unique characteristics of the restaurant’s location: [Additional Terms].
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