Download Restaurant Leasing to Eat or Be Eaten - That is the Question for Free | Page 2

(4.6 based on 443 votes)
exclude from such a clause events that are out of its control, such as a condemnation that
affects the visibility of tenant’s signage). Perhaps the tenant will want the right to install
signage on the building’s roof and/or the side of the building. The point is that if the
tenant wants the right to install signage at a particular location on the building or
property, it should negotiate for the right to install its signage in that location or locations.
Different landlords require different levels of control over signage. In a multi-
tenanted building, the landlord and tenant should agree on the location and design of
tenant’s exterior signage. The landlord will want absolute control of any other exterior
signage, and some level of control over interior signage. For example, the tenant may be
prohibited from installing any signage on the interior of the storefront windows, or may
be permitted to install professionally designed and installed signage on the interior of the
storefront windows with possible limitations on the percentage of the window space that
may be covered. In a shopping mall, the landlord is likely to retain absolute control over
all window signage and any other signage installed within a designated distance of the
Generally, the landlord should seek approval rights over all signage, with an
agreement to be reasonable about signage installed in designated locations (such as a sign
band). The landlord needs to determine how much control it wants over all other
signage, but generally the landlord will want to absolutely prohibit “going out of
business” signs (and similar signage), require the tenant to obtain all required sign
permits, maintain all signs in good, safe, and attractive condition, in good repair and in
compliance with applicable legal requirements, and remove the signage and restore any
damage at the end of the lease. If the building is partly occupied by residential tenants,
the landlord should consider banning all lighted signs. The landlord should also have the
right to temporarily remove signs for the purpose of making alterations and repairs and
the right to remove permanently any illegal signs or signs installed or maintained in
breach of the lease.
Sidewalk Cafes. If the tenant wants the right to have an outdoor seating area, it
will need the landlord’s consent and the landlord’s agreement to cooperate with the
tenant’s efforts to obtain any necessary licenses or permits (which will be required if the
outdoor seating area is a public sidewalk). In general, the tenant should be required to
obtain all required permits, comply with all applicable legal requirements, maintain any
outdoor seating area in neat and clean condition, clean the area every night, and maintain
order within the seating area. The landlord may want to give its consent in the form of a
revocable license, and reserve the right to revoke the license if there are complaints from
other tenants or the neighborhood about noise, disorderly conduct, or other offensive
conduct. Shopping center outdoor cafes raise similar issues, except the landlord must
also consider possible disruption of traffic flow patterns within the project and the impact
on other tenants.
Restaurant Leasing to Eat or Be Eaten - That is the Question Page 2
< 2 / 29 >