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 22 2.19.4 all taxes assessed against and levied upon trade fixtures, furnishings, equipment, and all other personal property of Tenant contained in the Premises or elsewhere, which Tenant shall cause to be separately assessed and billed directly to Tenant. Tenant shall pay when due or reimburse and indemnify and hold Landlord harmless from and against any Taxes. Notwithstanding the foregoing, the term "Taxes" shall not include any general income taxes, inheritance taxes, and estate taxes imposed upon Landlord. TAXES TO BE PAID BY THE CITY AND THEN REIMBURSED BY THE CONTRACTOR Tenant shall pay the Taxes applicable to the Premises during the Lease Term. Tenant shall issue the check made payable to the City of Sunny Isles Beach. The City will invoice the Tenant the direct cost of the taxes. Landlord shall provide Tenant with copies of any tax bills applicable to the Premises promptly after receipt of such bills. All such payments shall be made at least 10 days prior to the delinquency date of such payment. Tenant shall promptly furnish Landlord with satisfactory evidence that such Taxes have been paid. If any such Taxes paid by Tenant shall cover any period of time prior to or after the expiration of the Lease Term, Landlord shall reimburse Tenant to the extent required. If Tenant shall fail to pay any such Taxes, Landlord shall have the right (but not the obligation) to pay the same, in which case Tenant shall repay such amount plus any penalties and interest resulting therefrom to Landlord within 5 days after receipt of a bill therefor. Tenant acknowledges and understands that it shall be responsible for paying all Taxes for the entire term of the Agreement. In the event that the City terminates the Agreement (with or without cause) after January 1st of a given year, or in the event the Agreement expires after January 1st of a given year, the Contractor agrees to be solely responsible for the entire amount of Taxes assessed on the Property for said year, without proration. 2.20 LIENS: In connection with Alterations (as defined in Section 2.26 herein) or otherwise, Tenant shall do all things necessary to prevent the filing of any mechanic's or materialman's liens against the Premises, or any part thereof, or upon any interest of Landlord by reason of labor, services or materials supplied or claimed to have been supplied to Tenant, or anyone holding the Premises, or any part thereof, through or under Tenant. If any such lien shall at any time be filed against all or any portion of the Premises, Tenant shall either cause same to be discharged of record within 30 days after the date of filing of same or, if Tenant in good faith determines that such lien should be contested, Tenant shall either (i) bond over such lien in accordance with applicable law, or (ii) furnish such security as Landlord shall determine to be necessary and/or required to prevent any foreclosure proceedings against all or any portion of the Premises during the pendency of such contest. If Tenant shall fail to discharge or bond over such lien or fail to furnish such security within such period, then, in addition to any other right or remedy of Landlord resulting from said default of Tenant, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by giving security or in such other manner as is, or may be, prescribed by law, and Tenant agrees to reimburse Landlord within 5 days after demand for all costs, expenses, and other sums of money spent in connection therewith.