Tight Hospitality Lending & Landlord Negotiation Leverage

Tight Hospitality Lending & Landlord Negotiation Leverage

Stuart UdisPro Member
Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes

I wanted to share a new way I'm approaching mix-use real estate.  I know a lot of investors shy away from this asset class but there's currently a revenue opportunity partnering with quality restaurant operators for those with well-located commercial real estate. 

Background: I purchased a building with a high-visibility corner space last used as a restaurant. The property also includes nine apartments and a second commercial space leased to a credit tenant. As I began marketing the 3,100 SF restaurant space, it became clear that hospitality financing remains tight and operators are pushing far more of the cost burden onto landlords than a standard white box delivery.

My original pro-forma budgeted $200,000 ($150,000 for white box plus $50,000 towards tenant enhancements) with an expected rent of $4,800/month. However, vetted operators wanted roughly $400,000 toward their fit out plus a liquor license valued at $160,000 & year 1 rent concessions. Over a $360,000 dollar increase from what I had underwritten.

Seeing this as an industry-wide issue, I reached out to an attorney who focuses his practice on representing landlords in restaurant lease negotiations. He noted a growing trend of partnership arrangements where landlords with marketable real estate fund the upfront cost and share in revenue after rent. Given the strength of the location, I began evaluating that structure.

Solution: Instead of a traditional lease, I partnered with established operators who will earn a management fee and a performance-based share of profits after rent, while the real estate entity wholly owns the business, equipment, and captures most of the revenue. The total project cost through opening is $800,000, broken out as follows:

-$150,000 white box
-$160,000 liquor license
-$110,000 sprinkler system and new hood
-$106,000 kitchen and bar equipment
-$140,000 fit out
-$40,000 tables and chairs
-$90,000 critical-path items to opening

I was already prepared to invest $200,000 towards fit out for a proven operator. The liquor license is a transferable asset being purchased in a depressed market, and the sprinkler and hood upgrades increased occupancy from 84 to 112—a meaningful long-term improvement. That left $330,000 of additional cost I viewed as the "at risk capital" although equipment carries value, even depreciated and therefore this risk capital is using a conservative approach.

Our willingness to cover all expenses attracted several highly qualified restaurateurs. Under the partnership terms, ownership entity collects $9,500 NNN rent, the operators collect a management fee and the liquor license and increased occupancy related expenses are repaid using a 7- year amortization schedule to real estate partnership. Thereafter there's a revenue share. Using conservative year 1 figures, the real estate partnership is expected to receive approximately $130,000 on top of the $9,500 NNN Rent and nearly $40,0000 amortized repayment of certain cost outlays just from this one commercial space. The real estate partnership will also benefit from the buildings increased value using the expected income approach valuation method. Its important to note the rent is not manipulated in this case to increase the real estate value. The rent was calculated using industry accepted operating expense allocations intended to allow the restaurant to operate sustainably.

A helpful wrinkle is that roughly half of the building’s total rent comes from the residential units, which makes financing straightforward with better leverage. The current construction loan will cover $300,000 of these costs and upon refinance $600,000 of the associated costs will be rolled into the loan. 

Takeaway: Landlords of well-situated real estate with marketable restaurant space have significant negotiation leverage, and this model seems replicable as long as hospitality financing remains tight. I am already amending permits at another property to house a 250-seat indoor/outdoor beer garden with apartment conversions above. 

Here's the ingredients I look for that make this model work:

- Location, Location, Location

- Partner with accomplished and high character operators

 -Understand your market and take a conservative approach to selecting the dining concept. Do not reinvent the wheel.

 -Ability to sell liquor, beer and wine is critical 

 -Focus on buildings with meaningful rental income derived from other units, preferably from residential use. This helps financing

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James JonesPro Member
Investor · Collierville, TN 38017 · Member since 2017 · 593 posts · 445 votes
10mo

Really appreciate you breaking this down so transparently, this is one of the cleaner explanations I’ve seen on how tight hospitality financing is reshaping landlord-operator structures.

What stood out most is how you treated this like a risk-capital allocation problem rather than a traditional TI negotiation. That mindset shift alone is why most landlords get steamrolled in restaurant leases, they underwrite as if they’re leasing to a standard retail tenant when the operator’s entire model depends on the landlord bridging the financing gap.

A few things I really respect in your approach:

• you preserved ownership of the business + equipment so the real estate entity captures the upside
• you used operator performance fees instead of inflated rent to keep valuation honest
• you leveraged the liquor license + occupancy improvements as long-term value drivers
• you structured the deal so the building’s residential income stabilizes the whole project

That last point is something I’ve seen pay off again and again. When the residential side carries the foundation of the loan, it gives you room to be more strategic with the commercial component.

Not my asset class, but models like this are exactly why I think mixed-use is starting to separate the real operators from the speculators. Appreciate you sharing the playbook, lots of landlords could avoid painful lessons by understanding this shift.

See this reply in the discussion

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  • James JonesPro Member
    Investor · Collierville, TN 38017 · Member since 2017 · 593 posts · 445 votes
    10mo

    Really appreciate you breaking this down so transparently, this is one of the cleaner explanations I’ve seen on how tight hospitality financing is reshaping landlord-operator structures.

    What stood out most is how you treated this like a risk-capital allocation problem rather than a traditional TI negotiation. That mindset shift alone is why most landlords get steamrolled in restaurant leases, they underwrite as if they’re leasing to a standard retail tenant when the operator’s entire model depends on the landlord bridging the financing gap.

    A few things I really respect in your approach:

    • you preserved ownership of the business + equipment so the real estate entity captures the upside
    • you used operator performance fees instead of inflated rent to keep valuation honest
    • you leveraged the liquor license + occupancy improvements as long-term value drivers
    • you structured the deal so the building’s residential income stabilizes the whole project

    That last point is something I’ve seen pay off again and again. When the residential side carries the foundation of the loan, it gives you room to be more strategic with the commercial component.

    Not my asset class, but models like this are exactly why I think mixed-use is starting to separate the real operators from the speculators. Appreciate you sharing the playbook, lots of landlords could avoid painful lessons by understanding this shift.

  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    10mo
    Quote from @Stuart Udis:

    I wanted to share a new way I'm approaching mix-use real estate.  I know a lot of investors shy away from this asset class but there's currently a revenue opportunity partnering with quality restaurant operators for those with well-located commercial real estate. 

    Background: I purchased a building with a high-visibility corner space last used as a restaurant. The property also includes nine apartments and a second commercial space leased to a credit tenant. As I began marketing the 3,100 SF restaurant space, it became clear that hospitality financing remains tight and operators are pushing far more of the cost burden onto landlords than a standard white box delivery.

    My original pro-forma budgeted $200,000 ($150,000 for white box plus $50,000 towards tenant enhancements) with an expected rent of $4,800/month. However, vetted operators wanted roughly $400,000 toward their fit out plus a liquor license valued at $160,000 & year 1 rent concessions. Over a $360,000 dollar increase from what I had underwritten.

    Seeing this as an industry-wide issue, I reached out to an attorney who focuses his practice on representing landlords in restaurant lease negotiations. He noted a growing trend of partnership arrangements where landlords with marketable real estate fund the upfront cost and share in revenue after rent. Given the strength of the location, I began evaluating that structure.

    Solution: Instead of a traditional lease, I partnered with established operators who will earn a management fee and a performance-based share of profits after rent, while the real estate entity wholly owns the business, equipment, and captures most of the revenue. The total project cost through opening is $800,000, broken out as follows:

    -$150,000 white box
    -$160,000 liquor license
    -$110,000 sprinkler system and new hood
    -$106,000 kitchen and bar equipment
    -$140,000 fit out
    -$40,000 tables and chairs
    -$90,000 critical-path items to opening

    I was already prepared to invest $200,000 towards fit out for a proven operator. The liquor license is a transferable asset being purchased in a depressed market, and the sprinkler and hood upgrades increased occupancy from 84 to 112—a meaningful long-term improvement. That left $330,000 of additional cost I viewed as the "at risk capital" although equipment carries value, even depreciated and therefore this risk capital is using a conservative approach.

    Our willingness to cover all expenses attracted several highly qualified restaurateurs. Under the partnership terms, ownership entity collects $9,500 NNN rent, the operators collect a management fee and the liquor license and increased occupancy related expenses are repaid using a 7- year amortization schedule to real estate partnership. Thereafter there's a revenue share. Using conservative year 1 figures, the real estate partnership is expected to receive approximately $130,000 on top of the $9,500 NNN Rent and nearly $40,0000 amortized repayment of certain cost outlays just from this one commercial space. The real estate partnership will also benefit from the buildings increased value using the expected income approach valuation method. Its important to note the rent is not manipulated in this case to increase the real estate value. The rent was calculated using industry accepted operating expense allocations intended to allow the restaurant to operate sustainably.

    A helpful wrinkle is that roughly half of the building’s total rent comes from the residential units, which makes financing straightforward with better leverage. The current construction loan will cover $300,000 of these costs and upon refinance $600,000 of the associated costs will be rolled into the loan. 

    Takeaway: Landlords of well-situated real estate with marketable restaurant space have significant negotiation leverage, and this model seems replicable as long as hospitality financing remains tight. I am already amending permits at another property to house a 250-seat indoor/outdoor beer garden with apartment conversions above. 

    Here's the ingredients I look for that make this model work:

    - Location, Location, Location

    - Partner with accomplished and high character operators

     -Understand your market and take a conservative approach to selecting the dining concept. Do not reinvent the wheel.

     -Ability to sell liquor, beer and wine is critical 

     -Focus on buildings with meaningful rental income derived from other units, preferably from residential use. This helps financing

    Stuart, interesting post, very detailed and very informative. 
    Real estate, in general has been moving from a rental only platform to include services, and landlord participation in operating entities.  We are doing just this with a property in downtown Memphis we’re rehabbing. 
    Private Mortgage Financing Partners, LLC
    • James JonesPro Member
      Investor · Collierville, TN 38017 · Member since 2017 · 593 posts · 445 votes
      10mo
      Quote from @Don Konipol:
      Quote from @Stuart Udis:

      I wanted to share a new way I'm approaching mix-use real estate.  I know a lot of investors shy away from this asset class but there's currently a revenue opportunity partnering with quality restaurant operators for those with well-located commercial real estate. 

      Background: I purchased a building with a high-visibility corner space last used as a restaurant. The property also includes nine apartments and a second commercial space leased to a credit tenant. As I began marketing the 3,100 SF restaurant space, it became clear that hospitality financing remains tight and operators are pushing far more of the cost burden onto landlords than a standard white box delivery.

      My original pro-forma budgeted $200,000 ($150,000 for white box plus $50,000 towards tenant enhancements) with an expected rent of $4,800/month. However, vetted operators wanted roughly $400,000 toward their fit out plus a liquor license valued at $160,000 & year 1 rent concessions. Over a $360,000 dollar increase from what I had underwritten.

      Seeing this as an industry-wide issue, I reached out to an attorney who focuses his practice on representing landlords in restaurant lease negotiations. He noted a growing trend of partnership arrangements where landlords with marketable real estate fund the upfront cost and share in revenue after rent. Given the strength of the location, I began evaluating that structure.

      Solution: Instead of a traditional lease, I partnered with established operators who will earn a management fee and a performance-based share of profits after rent, while the real estate entity wholly owns the business, equipment, and captures most of the revenue. The total project cost through opening is $800,000, broken out as follows:

      -$150,000 white box
      -$160,000 liquor license
      -$110,000 sprinkler system and new hood
      -$106,000 kitchen and bar equipment
      -$140,000 fit out
      -$40,000 tables and chairs
      -$90,000 critical-path items to opening

      I was already prepared to invest $200,000 towards fit out for a proven operator. The liquor license is a transferable asset being purchased in a depressed market, and the sprinkler and hood upgrades increased occupancy from 84 to 112—a meaningful long-term improvement. That left $330,000 of additional cost I viewed as the "at risk capital" although equipment carries value, even depreciated and therefore this risk capital is using a conservative approach.

      Our willingness to cover all expenses attracted several highly qualified restaurateurs. Under the partnership terms, ownership entity collects $9,500 NNN rent, the operators collect a management fee and the liquor license and increased occupancy related expenses are repaid using a 7- year amortization schedule to real estate partnership. Thereafter there's a revenue share. Using conservative year 1 figures, the real estate partnership is expected to receive approximately $130,000 on top of the $9,500 NNN Rent and nearly $40,0000 amortized repayment of certain cost outlays just from this one commercial space. The real estate partnership will also benefit from the buildings increased value using the expected income approach valuation method. Its important to note the rent is not manipulated in this case to increase the real estate value. The rent was calculated using industry accepted operating expense allocations intended to allow the restaurant to operate sustainably.

      A helpful wrinkle is that roughly half of the building’s total rent comes from the residential units, which makes financing straightforward with better leverage. The current construction loan will cover $300,000 of these costs and upon refinance $600,000 of the associated costs will be rolled into the loan. 

      Takeaway: Landlords of well-situated real estate with marketable restaurant space have significant negotiation leverage, and this model seems replicable as long as hospitality financing remains tight. I am already amending permits at another property to house a 250-seat indoor/outdoor beer garden with apartment conversions above. 

      Here's the ingredients I look for that make this model work:

      - Location, Location, Location

      - Partner with accomplished and high character operators

       -Understand your market and take a conservative approach to selecting the dining concept. Do not reinvent the wheel.

       -Ability to sell liquor, beer and wine is critical 

       -Focus on buildings with meaningful rental income derived from other units, preferably from residential use. This helps financing

      Stuart, interesting post, very detailed and very informative. 
      Real estate, in general has been moving from a rental only platform to include services, and landlord participation in operating entities.  We are doing just this with a property in downtown Memphis we’re rehabbing. 

      Don, appreciate you sharing that. You're exactly right, the line between “landlord” and “operator” is getting thinner every year. The investors who win long-term are the ones who pair the real estate with a service component that actually enhances the tenant experience and protects the asset.

      We’re seeing the same trend here in Memphis. Once you shift from a pure rent-collection model to an operating-entity mindset, the numbers open up in ways most investors don’t realize. Excited to see how your downtown project turns out, sounds like you’re ahead of the curve.

  • Stuart UdisPro Member
    OP
    Attorney · Philadelphia · Member since 2018 · 2k+ posts · 3k+ votes
    10mo

    @Don Konipol What use are you pursuing with you Memphis project?

    • Don KonipolBusiness Member
      Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
      10mo
      Quote from @Stuart Udis:

      @Don Konipol What use are you pursuing with you Memphis project?

      The downstairs, which originally was slated for retail, will be event space with the space leased to Downtown Memphis Commission and then they will coordinate and lease space for events.  Since they want to spend no money on buildouts, fixtures, furnishings, etc, we will do that.  However, they are making a 0 interest $200,000 loan available to us with a 5 year payoff to cover costs.

      The 2 upstairs floors were originally slated for office space. Unfortunately, since 2022 the rental rates for office space in downtown Memphis have declined 60% +.   The city of Memphis has agreed to allow residential lofts, or just about any other use that will be viable.  
      We obtained ownership via foreclosure, when the borrower was unable to com-lets the project due to inability to refinance/raise new capital.  Once the downstairs is complete, we will look to either sell or partner with a developer.  Interestingly, the borrower believes that he has the capital raised to “repurchase” the property from us.  A significant part of his motivation is the personal guarantee he signed.  His initial offer to us was not acceptable, but there is a possibility we can reach an agreement in the future.  
      Private Mortgage Financing Partners, LLC
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