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 29 • Odor: Tenant shall not create nor permit to be caused or created upon the Premises any obnoxious odors or smoke or noxious gases or vapors which would constitute a nuisance; provided, however, that fumes resulting from the normal operations of vehicles or normal business operations shall be excepted from this provision, unless same constitutes a legal nuisance or as otherwise prohibited by Applicable Law. • Contractor to provide consistent hours of operation, in accordance with the City’s Code, to be approved by the City. • Contractor to provide strong, professional customer service. • Contractor to provide all food, beverages and supplies, and mechanisms for ordering and receiving and maintaining accounts for food, beverages and supplies. • Contractor shall meet all Health Department regulations and other applicable laws and regulations in operating the restaurant. • Operator shall prepare and submit to the City a statement of Gross Revenue earned from its operations and management of the facility for each month of the Agreement, or unless otherwise negotiated. • Smoking inside and outside of the Premises is strictly prohibited. • Noise: Audio decibels must comply with City Code of Ordinances, Chapter 193 - Noise. The Tenant is responsible for monitoring noise levels with a sound decibel reading device, if necessary. • Signage: The signage for the restaurant shall comply with all City zoning regulations and requirements. All signs posted for events will comply with City Code of Ordinances, Chapter 265, Article IX – Sign Regulations. • Personnel: Recruit, train, supervise and employ adequate staff to efficiently operate the restaurant during all normal hours of operation. • Security: Provide adequate security for the Premises and all portions of them for the purposes of protecting persons and property. • Parking: Tenant shall have the non-exclusive right in common with the general public to utilize the City’s municipal parking spaces located at the Government Center. • Food/Inventory Delivery Trucks: Food or other delivery trucks shall not cause disruptions to the Premises or cause loud noise. Deliveries must only be permitted between 11:00 PM and 6:00 AM. • Food Couriers (e.g. UberEats, Grubhub, etc.): Food couriers are permitted as long as they do not obstruct the flow of traffic on Collins Avenue or traffic to/from the Government Center, including the driveway and parking lot. • Menu: If proposed menu is changed after contract award, without the City’s written consent, this shall be considered a contractual breach and subject to termination for cause. 3.2 MAINTENANCE AND REPAIRS I. Tenant' s Obligations. Tenant shall, at its sole cost and expense, maintain in good repair, order, and serviceable condition the interior of the Premises and every part thereof, including, without limitation, all plumbing, ventilation, heating, air conditioning, and electrical systems and equipment in, on, or exclusively serving, the Premises; and all windows, doors, plate glass, interior walls, and ceilings which are part of the Premises. Keep and maintain the Premises at all times in a clean and orderly condition and appearance. II. Landlord's Obligations. Landlord have the obligation to repair and maintain the foundation,