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Restaurant Leasing Within a Shopping Center

By Glenn A. Browne
June 28, 2007

While all retail leases pose an array of issues to the landlords and tenants involved, retail leases relating to restaurants pose certain other issues that must be addressed in order to avoid surprise costs, liabilities, and delays. This article addresses several of those issues that relate to restaurant leases in a shopping center setting (either in a food court or as an outparcel location), including trash removal, pest and rodent control, parking, and exclusive uses.

Trash Removal

The concept of trash removal typically impacts restaurant tenants more than other tenants at a shopping center because issues such as 'wet' trash are often specific to the restaurant tenants. Also, restaurant tenants tend to generate substantially more trash than other tenants at the shopping center. Finally, in the event that the shopping center has a food court, the trash generated in the food court area is generally only caused by the various food court tenants. As a result, landlords and tenants may want to attempt to address these trash removal issues in a manner different from the way trash removal issues are addressed for other tenants in the shopping center.

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