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2023-034B
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2023-034B
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Last modified
7/6/2023 11:15:16 AM
Creation date
7/6/2023 11:13:35 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/07/2023
Control Number
2023-034B
Agenda Item Number
8.K.
Entity Name
Flowsmart Sebastian, LLC dba Five Guys
Subject
Letter of Agreement to supplement the Five Guys Lease Agreement
Document Relationships
2023-034
(Cover Page)
Path:
\Official Documents\2020's\2023
2023-034A
(Cover Page)
Path:
\Official Documents\2020's\2023
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Appendix 2 <br />COLLATERAL ASSIGNMENT OF LEASE <br />FOR VALUE RECEIVED, the undersigned ("Assignor") assigns, transfers and sets over <br />to FIVE GUYS FRANCHISOR, LLC, a Delaware limited liability company (together with its <br />affiliates, "Assignee"), all of Assignor's right and title to and interest in that certain "Lease" <br />governing the FIVE GUYS® located at 1929 -1931 US Highway 1, Sebastian, Florida 32958 <br />(the "Lease"). This assignment is for collateral purposes only and, except as specified in this <br />document, Assignee shall have no liability or obligation of any kind whatsoever arising from or in <br />connection with this assignment or the Lease unless and until (i) Assignee takes possession of the <br />premises, (ii) the Lease demises according to the terms of this document, and (iii) Assignee <br />expressly assumes Assignor's obligations under the Lease. <br />Assignor represents and warrants to Assignee that it has full power and authority to assign <br />the Lease and that Assignor has not previously assigned or transferred and is not otherwise <br />obligated to assign or transfer any of its interest in the Lease or the premises it demises. <br />Upon Assignor's default under the Lease or under the "Franchise Agreement" for the FIVE <br />GUYS® Restaurant located on the premises governed by the Lease (the "Franchise Agreement"), <br />the Assignee has the right to take possession of the premises the Lease demises and expel Assignor <br />from the premises. In that event, Assignor shall have no further rights, title to, or interest in the <br />Lease but shall remain liable to Assignee for any past due rental payments or other charges <br />Assignee is required to pay Lessor to effectuate the assignment this document contemplates. <br />Assignor agrees that it shall not suffer or permit any surrender, termination, amendment or <br />modification of the Lease without Assignee's prior written consent. Throughout the term of the <br />Franchise Agreement, Assignor agrees that it shall elect and exercise all options to extend the term <br />of or renew the Lease not less than thirty (30) days before the last day upon which the option must <br />be exercised, unless Assignee agrees otherwise in writing. In the event Assignor fails to elect to <br />extend or renew the Lease as required, Assignor appoints Assignee as its true and lawful attorney- <br />in-fact with the authority to exercise the extension or renewal options of the Lease in the name, <br />place and stead of Assignor for the sole purpose of effecting such extension or renewal. <br />ASSIGNEE: ASSIGNOR: <br />FIVE GUYS FRANCHISOR, LLC Flow Smart Five Seb <br />By: B <br />Name: Name: Ji son <br />Title: Authorized Signatory Title: Xthorized Signatory <br />FIVE GUYS - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC <br />
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