RFP # 22-09-01 RESTAURANT LEASE AND OPERATIONS FACILITY AT 18050 COLLINS AVE

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City of Sunny Isles Beach |Request for Proposal No. 22-09-01 18 not be raised as a defense to the Landlord as one of the obligee’s requiring performance of such construction contract by the surety. 2.12 PAYMENT OF UTILITIES: From and after the Effective Date, Tenant shall pay to the utility companies or other parties entitled to payment for the cost of all water, heat, air conditioning, gas, electricity, telephone, and other utilities and services provided to or for the Premises, including, without limitation, connection fees and taxes thereon. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other service being furnished to the Premises, and no such failure or interruption shall entitle Tenant to any abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle Tenant to terminate this Lease. 2.13 RENT COMMENCEMENT DATE: The tentative Rent Commencement Date shall be one hundred eighty (180) days from the Notice to Proceed (See Section 2.21), or when the restaurant receives its Temporary Certificate of Occupancy, whichever occurs first. Commencing on the Effective Date, Tenant is obligated to use its best possible efforts to diligently pursue and obtain on the earliest possible date all necessary building permits and licenses at Tenant’s sole cost and expense to construct Tenant’s Improvements. Tenant Improvements means all improvements to the Premises of a fixed and permanent nature, which the Tenant shall construct or caused to be constructed at its own expense, including but not limited to all furnishing, fixtures, and equipment for the operation of the restaurant (the "Tenant Improvements" or “Work”). Tenant Improvements shall be completed within one hundred eighty (180) days of the Notice to Proceed. Tenant’s failure to complete Tenant Improvements within the one hundred eighty (180) days as set forth herein will not excuse Tenant’s responsibility to pay Base Monthly Rent. There shall be no abatement in rent for Tenant’s failure to complete the Tenant Improvements as set forth herein. Tenant’s performance of the Lease shall not be excused under any circumstances if the failure or inability to obtain such licenses or permits is due to the neglect or omission of Tenant. City shall provide Tenant with all reasonable cooperation in obtaining such building permits and licenses. 2.14 BASE RENT: Provided Tenant has complied with its Approval Obligation (as defined below), Base Monthly Rent will be due to the Landlord on the 1st day each month commencing on the Rent Commencement Date. Commencing on the Effective Date, Tenant is obligated to use its best possible efforts to diligently pursue and obtain on the earliest possible date all necessary building permits and licenses at Tenant's sole cost and expense (referred to in the Lease as Tenant's "Approval Obligation"). For the use and occupancy of the Premises, Tenant shall pay Landlord the Base Monthly Rent, in advance, commencing on the Rent Commencement Date and continuing on the first day of each calendar month thereafter during the Lease Term, without any offset or deduction.