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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Thursday, April 10, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00

This CLE webinar will focus on drafting and negotiating the provisions of restaurant leases and emerging trends. The panel will discuss how the operational aspects of a restaurant impact provisions in the lease, tenant improvements, operational issues in mixed-use developments, insurance provisions and coverages, and issues applicable to tenants generally.

Faculty

Bouskila Mayan
Shareholder
Miscellaneous

Ms. Bouskila is the founder of a New York City-based boutique law firm focusing on servicing the hospitality and leisure industry. With more than a decade of experience, she has cultivated a reputation as a solution-oriented, deep strategic thinker, all while being seen as an extension of her clients’ team. Ms. Bouskila has a broad-based transactional practice where she focuses on all aspects of the development, management, acquisition, disposition, corporate structuring and financing of hospitality and leisure deals. Prior to working in the United States, she practiced law in Sydney, Australia at leading international law firms, where she managed and executed complex real estate capital transactions including acquisitions and disposals of commercial office buildings, industrial estates, retail centers and hotels, infrastructure projects and corporate deals, primarily for national and international listed property trusts, real estate funds, private equity groups, investment banks, international investors and major property developers. Ms. Bouskila received her LLB from University of Technology, Sydney and has a Masters in Commerce (Finance and Business Law) from University of Sydney.  As a native of Australia with roots in the Middle East, she has always been inspired by the power hospitality has in bringing people together across the globe. Ms. Bouskila displays a modern, refined and practical approach to client service, underpinned by her unfettered accessibility, empathy and genuine care for her clients and the communities she serves.

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Weltman Jeremy
Shareholder
Ruberto, Israel & Weiner, PC

Mr. Weltman's wide-reaching litigation practice focuses on finding successful resolutions to his clients' legal issues. He represents both individuals and companies across a range of industries including hospitality, real estate, construction, healthcare, restaurant, and retail. Mr. Weltman's direct civil and commercial litigation experience includes handling complex commercial and business litigation, employment litigation, Wage Act litigation, probate litigation, real estate disputes, construction matters, civil rights litigation including ADA accessibility, accommodation issues, and high impact class action work, municipal disputes, appellate advocacy, and other tort based litigation matters.

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Description

Restaurant leases present unique issues for landlords and tenants beyond those for office and retail use; including, among other matters, the high cost of tenant improvements and operating the business, the impact of a restaurant tenant on other tenants, and high-maintenance equipment.

If the restaurant is part of a multi-use project, then counsel should understand the scope of the project and stage of development. Counsel should negotiate security deposits, guarantees, and letters of credit to understand the capitalization structure of a restaurant tenant. If a restaurant defaults on its lease, a restaurant lender will want to foreclose on equipment and furnishings that secured the lender's loan.

Restaurant leases must also address issues common to other tenants, such as permitted and exclusive uses in a center, co-tenancy and right to go dark, operating expenses, termination provisions, parking, options to renew, insurance, and mutual waivers of subrogation. These issues are of heightened importance when a restaurant is considered an anchor in retail development.

Listen as our expert panel discusses drafting and negotiating the provisions of restaurant leases and how actual negotiations should always take the needs of the renting entity into consideration. Restaurants have different space needs, unique requirements, and other leasing priorities. The panel will discuss how best to address concerns with restaurant use, tenant improvements, insurance provisions and coverages, operational issues in mixed-use developments, and other key considerations.

Outline

  1. Restaurant tenants generally: distinguishing features
  2. Tenant improvements/buildout provisions
    • Allocation of responsibility between landlord and tenant
    • Equipment and furnishings: lender rights upon lease or loan default
  3. Insurance provisions and coverages
  4. Other provisions: co-tenancy, go dark, termination provisions, parking, options to renew, insurance
  5. Subordination, non-disturbance, and attornment agreements

Benefits

The panel will review these and other key issues:

  • How do the operational aspects of a restaurant impact provisions in a restaurant lease?
  • What are the concerns for a mixed-use development, and how might they be reflected in the lease?
  • Given the expense of a restaurant buildout, how might financing arrangements impact the lease?
  • What are the nuisance concerns to address in a restaurant lease?