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FIVE GUYS' April 13, 2023 DATE Flow Smart Five Sebastian, LLC 8245 Boone Blvd., Suite 650 Vienna, VA 22182 Attn: Jim Garrettson (the "Tenant", "Lessee" or "Second Party" as further defined in the Lease) Indian River County, a political subdivision of the State of Florida 1801 277th Street Vero Beach, FI 32960 Attn: William K. DeBraal, Esquire (the "Landlord", "Lessor" or "First Party" as further defined in the Lease) RE: LETTER AGREEMENT TO SUPPLEMENT THE FIVE GUYS° LEASE AGREEMENT This letter (this "Letter") supplements that certain "Lease Agreement" (the "Lease") governing the FIVE GUYS° restaurant located at 1929 -1931 US Highway 1, Sebastian, Florida 32958 (the "Premises"). Notwithstanding any understanding to the contrary contained in the Lease or otherwise, the undersigned agree as follows: Use of Premises: The Landlord acknowledges that the Premises will be used for the operation of a FIVE GUYS° restaurant, a fast casual restaurant chain primarily selling hamburgers, all -beef hot dogs, fresh -cut french fries, milkshakes, and related accompaniments for onsite and/or offsite consumer consumption. • Signage: Subject to compliance with any applicable laws and governmental regulations, the signage package attached as Appendix 1 to this Letter includes the interior and exterior signage approved for use at the Premises by the Landlord. Cooking Matters: The Tenant will take all necessary steps to ensure that smells caused by preparation, cooking, and refuse of food shall not rise to the level of a legal nuisance to the Landlord or any of the tenants or other occupiers of the adjoining property. The Tenant will comply with all applicable laws in respect of the storage, preparation, and cooking of food on the Premises. The Landlord acknowledges customary odors and smoke associated with the operation of a FIVE GUYS° restaurant and that the presence of such odors and smoke will not constitute a breach of the Lease or a violation of any rules or regulations of the Landlord or otherwise be deemed noxious or offensive. • Music: The Tenant will take all necessary steps to ensure that the music played on the Premises shall not rise to the level of a legal nuisance to the Landlord or any of the tenants or other occupiers of the adjoining property. The Tenant will comply with all applicable laws in respect of the type and decibel level (volume) of the music played on the Premises. The Landlord acknowledges customary in-store music associated with the operation of a FIVE GUYS° restaurant and that the playing of such music on the Premises will not FIVE GUYS - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC