Hi,
If a hotel establishment has a hotel part and a restaurant part, and the owner (first party) of the hotel only wants to lease out the restaurant part to a second party, what factors must the owner clarify with the second party? It would be helpful if anyone could share a sample agreement for such cases.
From India, Patnagarh
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1If a hotel establishment has a hotel part and a restaurant part, and the owner (first party) of the hotel only wants to lease out the restaurant part to a second party, what factors must the owner clarify with the second party? It would be helpful if anyone could share a sample agreement for such cases.
From India, Patnagarh
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You may include the following points in the lease agreement:
a) Payment of the lease amount: Who will pay, when will they pay, and what will happen if the amount is not paid by the due date?
b) Advance amount: What is the advance amount that the lessor will take? Will it be refundable or non-refundable? If refundable, upon the expiry of the agreement, within what time period will the lessor return the advance?
c) Cessation of the agreement: How many months' advance notice does either party need to give?
d) Compliance with laws: Clause related to the fulfillment of laws related to labor laws, pollution control, etc.
e) Possession and renewal of license: Possession and further renewal of license under the Shops and Establishment Act or any other act.
f) Employment of children or adolescent workers: Clause related to the employment of children or adolescent workers.
g) Possession of firearms: Clause related to the possession of authorized or unauthorized firearms.
h) Consumption of narcotics: Clause related to the consumption of narcotics and other banned drugs.
i) Workplace safety: Clause related to workplace injury, accidents, and the death of the employee arising out of the work.
j) Utility charges: Payment of electricity charges, water charges, or any other charges, etc.
k) Operation hours: Operation hours for the restaurant as prescribed by the local laws.
l) Noise limits: If a party is conducted, then the decibel limit for the noise.
m) Fire safety: Issues arising out of fire in the kitchen, explosion of the gas cylinder, short circuit, etc.
n) Safety of women: Clause related to the safety of women, whether they are customers or restaurant employees.
o) Parking space: Clause related to parking space and allotment of parking slots for the restaurant owner, staff, and customers.
p) Property damage: Clause related to damage to the property owing to the fracas with the customers or among the restaurant employees.
q) Staff poaching: Clause related to the poaching of the staff employed by the hotel owner or vice versa.
r) Serving of liquor: Clause related to the serving of liquor as prescribed by the excise department.
s) Waste disposal: Clause related to the disposal of wet waste and dry waste as prescribed by the local municipal corporation.
t) Pest control: Clause related to the frequency of pest control operations and issues related to serving hygienic food to restaurant customers.
u) Theft: Clause related to the theft of the restaurant property.
v) Government inspection: Clause related to inspection by various government agencies.
w) Signboard display: Clause related to the display of the signboard as per the norms of the local municipal corporation.
x) Food service to guests: Clause related to serving food to the guests or occupants of the hotel rooms and how to handle the billing.
y) Jurisdiction: Clause related to the jurisdiction of the court under which disputes are to be settled.
z) Any other clause.
Thanks,
Dinesh Divekar
From India, Bangalore
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a) Payment of the lease amount: Who will pay, when will they pay, and what will happen if the amount is not paid by the due date?
b) Advance amount: What is the advance amount that the lessor will take? Will it be refundable or non-refundable? If refundable, upon the expiry of the agreement, within what time period will the lessor return the advance?
c) Cessation of the agreement: How many months' advance notice does either party need to give?
d) Compliance with laws: Clause related to the fulfillment of laws related to labor laws, pollution control, etc.
e) Possession and renewal of license: Possession and further renewal of license under the Shops and Establishment Act or any other act.
f) Employment of children or adolescent workers: Clause related to the employment of children or adolescent workers.
g) Possession of firearms: Clause related to the possession of authorized or unauthorized firearms.
h) Consumption of narcotics: Clause related to the consumption of narcotics and other banned drugs.
i) Workplace safety: Clause related to workplace injury, accidents, and the death of the employee arising out of the work.
j) Utility charges: Payment of electricity charges, water charges, or any other charges, etc.
k) Operation hours: Operation hours for the restaurant as prescribed by the local laws.
l) Noise limits: If a party is conducted, then the decibel limit for the noise.
m) Fire safety: Issues arising out of fire in the kitchen, explosion of the gas cylinder, short circuit, etc.
n) Safety of women: Clause related to the safety of women, whether they are customers or restaurant employees.
o) Parking space: Clause related to parking space and allotment of parking slots for the restaurant owner, staff, and customers.
p) Property damage: Clause related to damage to the property owing to the fracas with the customers or among the restaurant employees.
q) Staff poaching: Clause related to the poaching of the staff employed by the hotel owner or vice versa.
r) Serving of liquor: Clause related to the serving of liquor as prescribed by the excise department.
s) Waste disposal: Clause related to the disposal of wet waste and dry waste as prescribed by the local municipal corporation.
t) Pest control: Clause related to the frequency of pest control operations and issues related to serving hygienic food to restaurant customers.
u) Theft: Clause related to the theft of the restaurant property.
v) Government inspection: Clause related to inspection by various government agencies.
w) Signboard display: Clause related to the display of the signboard as per the norms of the local municipal corporation.
x) Food service to guests: Clause related to serving food to the guests or occupants of the hotel rooms and how to handle the billing.
y) Jurisdiction: Clause related to the jurisdiction of the court under which disputes are to be settled.
z) Any other clause.
Thanks,
Dinesh Divekar
From India, Bangalore
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VEHICLE LEASE AGREEMENT.doc
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