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 23 2.21 WORK/TENANT IMPROVEMENTS AND NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED: Tenant, at its sole cost and expense, shall construct or cause to be constructed all Tenant Improvements on the premises, substantially in accordance with the Final Plans and Specifications (the "Final Plans") to be prepared by Tenant and submitted to City for approval. The Final Plans shall be submitted to the City Manager or designee within thirty (30) days of the Effective Date of the Lease. The Final Plans shall provide specific details and layout for the restaurant concept, and shall be subject to the approval of the City, which approval will not be unreasonably withheld. At the expiration or termination of the Lease, all Tenant Improvements shall be retained and owned by the City. The Tenant shall neither commence any Work, nor enter a City work premise, until a written Notice to Proceed (NTP) directing the Tenant to proceed with the Work has been received by the Tenant from the City Manager; provided however, that such notification shall be superseded by any emergency work that may be required in accordance with provisions included elsewhere in this solicitation and the lease. The Tenant shall be required to obtain Final Completion of all Work (permit occupancy) and be ready to open for operations within one hundred eighty (180) days from the date stated in the Notice to Proceed issued by the City Manager. 2.22 MONTHLY PROGRESS REPORTS: The City shall require that the successful Proposer provide monthly progress reports on the status of the project. The report shall include at the minimum the following information; • Background on the project itself • An updated timeline including projected completions of portions of project • Discussion of the achievements since last reporting • Discussion of problems that have arisen • Discussion of work that lies ahead 2.23 OBLIGATION TO REBUILD: If any portion of the Premises is damaged or destroyed by fire or other casualty, Tenant shall forthwith give notice there of to Landlord. Tenant shall obtain an estimate from a licensed architect or contractor of the cost to complete such repair, restoration, rebuilding or replacement, and Tenant shall, at its sole cost and expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures, equipment, and complete the same as soon as reasonably possible, to the condition they were in prior to such damage or destruction, except for such changes in design or materials as may then be required by law. In such event, Landlord shall, to the extent and at the times the proceeds of the insurance are made available to Landlord, and only so long as Tenant shall not be in default under this Lease, deliver such funds to Tenant for the making such repairs, restoration, rebuilding and replacement.