Sunday, January 29, 2012

So.... you want to open a restaurant....! (PART IV)




Hello everyone and let me say thank you for all your support!! 
Let’s get started with PART "QUATTRO"of this series-

So.... you think you found the perfect space for your restaurant, the size is great, good location and the rent is even better so you say to yourself and to your partners “This is a great f@*#*g deal !!!! Let’s sign the lease before we lose it “ right? Caveat Emptor and do your homework- 
                                                        PBC Building & Zoning 

First off, before you run and sign that lease document, you need to do your due diligence as far as finding out if a restaurant will be allowed by local authorities in that particular address; different municipalities have different rules and regulations when it comes to allowing a full scale kitchen being built in any given commercial space, also when it comes to serving alcohol they have rules that may or may not allow you to do so; is there a school or a church nearby? 
Jesus making wine from water in The Marriage at Cana, a 14th-century fresco from the Visoki Dečani monastery


If so, how many feet away are they located from the potential location for your stage..... I mean .....restaurant? 


Obviously, I’m talking about a raw space versus one that had a pre existing food operation in it; nevertheless even if the latter was the case go on and find out things like "how would a change of name and/or ownership affect the interior layout", as in for example : the bathrooms. It will probably cost you the same amount of capital to remodel an existing non ADA compliant bathroom than building one from scratch. As I mentioned in PART I....I think ...or PART 2 (go back and look or actually scroll down and read the whole series rather), if your capital is somehow limited, it is better to find an existing operation that closed down; but even if that's the case, an alteration, such as modifying bathrooms, needs to be known and addressed before you sign that lease on the dotted line; not only will cost you money that was not included in your business plan (you have a business plan don’t you? ) but also, it will greatly affect your square footage, therefore affecting the number of seats or efficiency in the kitchen by reducing space in any of those areas to add it to the restrooms- So let's say you found the space with a pre existing restaurant already built out and all of the sudden you find yourself with a big initial budget shortage to accomplish your goal. 


As I also mentioned in PART I (or II), the main reason why restaurants go out of business on their first or second year of operation is UNDERCAPITALIZATION- Do your homework before signing- You could either ask for it on your proposal or just do it while negotiating the lease terms, it will only take you a few days to go to your city hall and find out all about it. To walk away is easy ....before you sign-

Let’s go back to the “raw space" scenario, all of the above applies +++ PLUS you need to know if there’s a grease trap available.


Most likely if you found a “Vanilla Shell Space” that has just being built, the owner/developer/landlord has pre-destined the spaces that will allow a restaurant attending to all of the above issues, therefore your due diligence is partially done, but .....and there’s always a “but”! You still need to go and corroborate.
Why am I telling you all this? Wasn’t PART IV supposed to be about Lease and Landlord Issues? You’ll figure it out in a minute!
Last but not least, get a general contractor and an architect with experience in building restaurants; DO NOT HIRE YOUR COUSIN VINNIE to do the job just because he has a  GC license !!!
                                                                Courtesy of Disney Junior-(TM)

Ok, now I will tell you why I have gone thru all this before talking about the lease and the landlord issues- See.... it basically comes down to the fact that you may encounter a fly by night developer that has built this nice shopping center....in, let’s say for the sake of giving a random city name....HIALEAH, FL and given his condition of “improv” and without any bad intentions will give you the “hell of a deal” that you thought it was when we started this PART 4 post, so you went ahead and signed a 7 year lease and only then you found out you cannot serve wine or beer because there is a school 350 feet from your place, you go back to Mr. Landlord and ask him to kindly rescind of the contract and he would answer “Son.... I might be a fly by night as you just mentioned, but my lawyers aren’t” you just signed a 7 year lease contract with a 7 years personal guarantee that makes you responsible for the whole amount of dollars of the monthly rent TIMES those seven years and there it goes your business plan up in smoke and facing a potential “suit to perform” and a potential judgement on your credit file.... “Not such a fly by night after all huh? “



So, bottom line is (and to wrap this up) -
If is too good to be true.....Take time to do your due diligence, also work with reputable GC's and architects with experience, hire a lawyer when it comes to revising the lease contract and work with a commercial real estate agent with experience in this area, obviously I will suggest myself and here is my direct email address moz@avantiway.com Commercial Division Director at Avanti Way Realty, but I have to warn you, I have been very busy bloggin' lately so my time is limited ! 


                                       Dante Alighieri, detail from Luca Signorelli's fresco, Chapel of San Brizio,Orvieto Cathedral.

I will see you in the last  PART V of this series where I will be addressing “Foreigners with experience in their own country that come to the US to open a restaurant “ ‘til then.... Cheers!

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