Reviewing and negotiating the lease of the restaurant's premises, identifying and evaluating the risks and negotiating changes, are essential steps for advising your restaurant client. Written by attorneys with extensive experience with all types of retail and commercial leasing, the book covers all critical issues in drafting and negotiating restaurant leases, including: computing rental charges and rent offsets; operational issues, such as hours, go dark provisions, definition of premises, and more; construction; and the emerging category of "grocerants." The authors also supply an extensive array of restaurant leasing clauses, from CPI increases and rent stabilization clauses to language for premises issues such as lighting, valet parking, and more. Franchised operations are popular for people investing in restaurants as this purchase can give restaurateurs a head start in terms of brand recognition, marketing, consistency of food quality, and service. However, signing a boilerplate franchise agreement is not necessarily a recipe for success. It is essential that the franchise agreement and the commercial lease harmonize so that adherence to one document does not cause a violation with the other. Chapters focused on working with a restaurant franchise consider issues related to the client, choosing a landlord and location, management, architect and general contractor, he franchisor and the franchise agreement, and the lender.
About the Author
Mark Dall of Fishers, Indiana, has been practicing law since 1978 and is admitted to practice in both Indiana and Arizona. Since 1984, he has worked as a real estate attorney for the largest shopping center developer in the United States, with a focus on retail and restaurant leasing. Noble C. Hatfield practices leasing, real estate, and transactional law in Indianapolis, Indiana. With over 25 years in practice, he focuses on strip center development and leasing and has extensive enclosed mall background.