Negotiating and Drafting Restaurant Leases
Provisions Addressing Tenant Improvements, Financing and Franchise Structures, Mixed Use, Clean-up Equipment, and More
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will focus on drafting and negotiating provisions of restaurant leases. The panel will discuss how best to address particular concerns with a restaurant use, tenant improvements, franchise relationships, operational issues in mixed-use developments, and issues applicable to tenants generally.
- Restaurant tenants generally: Distinguishing features
- Tenant improvements/buildout provisions
- Allocation of responsibility between landlord and tenant
- Equipment and furnishings: lender rights upon lease or loan default
- Franchised (chain) restaurants: Rights of franchisor upon default under lease or franchise
- Other provisions: Co-tenancy, go dark, termination provisions, parking, options to renew, insurance
- Subordination, non-disturbance and attornment agreements
The panel will review these and other key issues:
- How do the operational aspects of a restaurant impact provisions in a restaurant lease?
- Given the expense of a restaurant buildout, how might financing arrangements impact the lease?
- How might a franchise affect the notice and assignment provisions of a restaurant lease?
- What are the nuisance concerns to address in a restaurant lease?
- What particular concerns exist in a mixed-use development and how might they be reflected in the lease?
Scott P. Kadish
Ulmer & Berne
Mr. Kadish’s practice focuses on the representation of landlords and tenants in the development and lease-up of... | Read More
Mr. Kadish’s practice focuses on the representation of landlords and tenants in the development and lease-up of shopping centers on a national basis. He also counsels clients on a wide variety of real estate and business transactions, and general business law. Mr. Kadish serves as the firm’s managing partner, emphasizing exceptional client service and maximizing value for clients with project management and flexible fee arrangements. He is a frequent author and lecturer on retail leasing issues, among others.Close
Brian R. Smith
Arnall Golden Gregory
In addition to his general real estate practice, Mr. Smith has extensive experience in the negotiation of complex... | Read More
In addition to his general real estate practice, Mr. Smith has extensive experience in the negotiation of complex leasing transactions relating to retail, office and warehouse properties. Mr. Smith focuses his leasing practice on the representation of large national and local retail, office and warehouse developers and owners, as well as local and national tenants. He is particularly well known for his work advising both landlord and tenant clients in the negotiation of high-end restaurant deals. In working with nationally-recognized chefs, restaurateurs, and their respective landlords, Mr. Smith has established a practice that has successfully advised best-in-class restaurants from letter of intent to opening night.Close
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