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Home My WebLink About2023-034BFIVE 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 constitute a breach of the Lease or a violation of any rules or regulations of the Landlord or otherwise be deemed noxious or offensive. Notices of Default: In furtherance of the provisions included in the Collateral Assignment of Lease and the Consent to Collateral Assignment of Lease attached as Appendix 2 to this Letter (together, the "Collateral Assignment Documents"), the Landlord agrees to email a copy of any notice of default delivered to the Tenant using the following address: leasing@fiveguvs.com. The Collateral Assignment Documents are acknowledged and agreed to by the undersigned for purposes of the FIVE GUYS® brand owner, Five Guys Franchisor, LLC (the "Franchisor"), a third party beneficiary of this Letter. Further, the Collateral Assignment Documents are hereby incorporated by reference and, notwithstanding any understanding to the contrary, are fully enforceable. Parties agree that the Lease, this Letter, and the documents referenced herein constitute the entire, full and complete agreement between the Landlord and the Tenant concerning the Premises and will supersede all prior related agreements. This Letter and any disputes arising out of, or in connection with, this Letter will exclusively be subject to the relevant provisions of the Lease governing such matters (including, without limitation, the governing law and dispute resolution provisions of such Lease). TENANT: Flow Smart Five Sebastian, L By v Name: Jim rrettson Title: A horized Signatory LANDLORD: Acknowledged and Aoreed: Name. William K. DeBraal, Esquire Title: Authorized Signatory for and on behalf of: Indian River County, a political subdivision of the State of Florida [Additional Signatures in Appendix 2] FIVE GUYS - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Appendix 1 %%M 0 ■ 0 RM%M ■ ■ ■ ■ &I &AA W/ re SIGN PACKAGE FIVE GUYS - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Signage Useage Guidelines 01 Channel Letter Signs • There is a maximum size limitation relative to the signs location. • Appropriate wall space should be left around letters for readability. • Preferred sign is "FIVE GUYS" logo, individual lettering on single line of copy. • Raceway mounted signs are not the preferred design and are only to be used if necessary. Double Sided Pole Signs • There is a maximum copy size limitation relative to the signs overall size. • Appropriate "Blank" space should be left around copy for readability. • Preferred pole sign copy layout is "Stacked" logo. Tenant Panels • There is a maximum copy size limitation relative to the visible openings overall size. • Appropriate "Blank" space should be left around copy for readability. • Aspect ratio of visible opening will determine the best layout to maximize copy letter height. Exterior/Interior Alternative Signs • Blade mounted wall signs, both lighted, non -lighted, internally and externally lighted. Awnings • Red fabric, mill finish frame, closed ends, open bottom shed style is the preferred awning design. • Awnings sized according to available area. Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS® - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Logo Specifications and Colors 02 Preferred Layout The illustrations below show the aspect ratio for use in exterior signage applications. 8.26 1.00 1.33 0.33 Alternative Stacked Layout ' 4.63 I 2.58 Print Colors Red: Bengal Red (MID 95959) Gloss clear coat finish White Signage Colors Acrylic Red Translucent 2793 Vinyl 3M Gerber Dark Red Translucent 230-73 Vinyl 3M Gerber Cardinal Red Opaque 220-53 White Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS'a - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC 24 L Typical Flush Mounted Sign Specs 03 M ----c WrIA, F I �- E ully lrt!4 P I 'IS Scope of Work: Manufacture and install (1) new set of flush mounted channel letters as shown. Letters: Routed .040" aluminum backs, 040" x 5" tall returns, "Flanged & Crimped" construction, seams sealed, drain holes. Letter Finish : Letter interiors prefinished "White" enamel, exteriors prefinished Wrisco "White". Letter Faces: Routed 3/16" translucent "White" (#7328) acrylic, finished with 1" White Jewelite trimcap. Backer Panel : Fabricated 1" sq aluminum tube frame, vertical stringers for strength, .090" aluminum face bonded to face of tubing, panel exterior primed & painted "Bengal Red" to match (MP 95959) gloss clear coat finish. Lighting : Letters lit internally using Hanley PF3120 "White" LED light modules, Electrical : 120volt, UL listed & labeled, Hanley LED power supplies remotely mounted inside building. Location : Sign centered left to right on wall, up and down at same elevation as side elevation sign. Channel Letter & Wall Cross section Flush Manlsd, BwMr, (Maim Poser Supplies Pmaary EkdMal Tnnego I Sarvkr SwNth 2W Ekd.,V —LEV,, Bor P-SuFOY, mournedro OBO' Gxl¢v — Faro M. -V', torwea NPe. P41— \ Batler Panef Channel Letter & Wall Cross section Flush Mauled, Backer, Exterlar P—srSpples --,y Ekchxvl 7h—P serves swxrn FILro, V"Wprom o peva"A*6ux � II S.—d-Y — Facr EkcVr2a! MwMey, Nce mum B�r Parse! Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS® - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Typical Raceway Mounted Sign Specs 04 198 1/4" Letters / Raceway - - t 32 207 Scope of Work: Manufacture and install (1) new set of flush mounted channel letters as shown. Letters : Routed .040" aluminum backs, .040" x 5" tall returns, "Flanged & Crimped" construction, seams sealed, drain holes. Raceway : Standard 8" x 8", .063" aluminum exterior, riveted construction, internal mounting brackets, exterior primed and painted to match fascia color, xxxx. Letter Finish : Letter interiors prefinished "White" enamel, exteriors prefinished Wrisco "White". Letter Faces : Routed 3/16" translucent "White" (#7328) acrylic, finished with 1" White Jewelite trimcap. Backer Panel : Fabricated 1" sci aluminum tube frame, vertical stringers for strength, .090" aluminum face bonded to face of tubing, panel exterior primed & painted "Bengal Red" to to match (MP95959) gloss clear coat finish. Lighting : Letters lit internally using Hanley "White" LED light modules. Electrical : 120volt, UL listed & labeled, Hanley LED power supplies remotely mounted inside building. Location : Sign centered left to right on wall, up and down at same elevation as side elevation sign. Channel Letter & Wall Cross Section Raceway Mounted.Hacker. Raceway Paver Supploa Tnnzap I roi Nrn9. wpWWe W.# IMWe(I fypB LED's Rxeway ro ce 2W' EkcYnce! S— P—* erviceP—* Ro—Supply Ekd—1 Backer Penh tj Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS° - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Alternate Channel Letter Sign Specs 05 1981/4 -------------- - --+� I Letters : Routed .080" aluminum backs (.063" for letters 18" tall or smaller) 040" x 5" tall returns, "Flanged & Crimped" construction, seams sealed, drain holes. Letter Finish : Letter interiors prefinished "White" enamel, exteriors prefinished Wrisco "White". Letter Faces : Routed 3/16" translucent "White" (#7328) acrylic (1/8" for letters 18" tall or smaller), finished with 1" Red Jewelite trimcap (3/4" trim for letters with 1/8" faces). Lighting : Letters lit internally using Hanley Pf3120 "White" LED light modules. Electrical : 120voit, UL listed & labeled, 12 volt Hanley power supplies remotely mounted inside building, Alternate Installation / Raceway : Standard 8" x 8", .063" aluminum exterior, riveted construction, internal mounting brackets, exterior primed and painted to match fascia color, xxxx. 204 3/18 - - -88114 --11C 3/16 - ---- -- 30 2I4 i�. M.. yviS� 198 1/4 Letters Letters: Routed .040" aluminum backs, ,040" x 5" tall returns. Flanged & Crimped" construction, seams sealed, drain holes. Letter Finish : Letter interiors prefinished "White" enamel, exteriors prefinished Wrisco "White". Letter Faces : Routed 3/16" translucent "White" (#7328) acrylic, finished with 1" White Jewelite trimcap. Backer Panels: Routed .090" aluminum, primed & painted "Bengal Red" to match (MP95959) gloss clear coat finish. Lighting : Letters lit internally using Hanley P3120 "White" LED light modules. Electrical : 120volt, UL listed & labeled, Hanley 12v LED power supplies remotely mounted inside building. Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS® - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Lel Interior Channel Letter Signs 06 1981/4 Letters : Routed 1/8" translucent acrylic faces, 1/8" x 3 3/4" returns, hand formed and glued, 1" opaque vinyl band to be applied around the base of the returns to hide letter backs and hardware. Letter Backs : Routed from 3/4" sintra, mounting holes, electrical holes and applied LED's. Lighting : Letters lit internally using Hanley PF 2080 "White" LED modules. Electrical : 120Volt, UL listed & labeled, LED power supplies remotely mounted behind wall. Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYSO - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Single Line Channel Letter Sizes 07 Standard letter set heights shown for reference. Sign sizes are not limited to those shown. 14R 3�a -KC1 -ilit r4 1543/4 18" Letterset: 24" x 154-3/4" = 25.78 sq ft 98 1/4 a1 k1i 4 �cl �% 7 3/4 20E 1/4 24" Letterset: 32" x 206-1/4" = 45.83 sq ft 28" Letterset: 37-1/4" x 240-1/2" = 62.38 sq ft 32" Letterset : 42-3/4" x 275" = 81.47 sq ft 36" Letterset: 48" x 309-1/4" = 103.12 sq ft Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS" - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Stacked Channel Letter Sizes 08 Standard letter set heights shown for reference. Sign sizes are not limited to those shown. 18" Letterset : 46-1/2" x 83-1/2" = 26.93 sq ft 24" Letterset : 62" x 111-1/4" = 47.87 sq ft 36" Letterset : 93" x 166-3/4" = 108.14 sq ft 28" Letterset : 72-1/4" x 129-3/4" = 65.16 sq ft 32" Letterset : 82-3/4" x 148-1/4" = 85.11 sq ft Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Pole Signs Preferred Layout Typical back -lit sign has Gerber Red 230-73 vinyl weeded to white. Signage colors Translucent "White" (#7328) acrylic panel Vinyl 3M Gerber Dark Red Translucent 230-73 Alternative Layout If required, back -lit sign can be reversed to Gerber Red 230-73 vinyl on white. FIVE GUYS Signage Colors Translucent "White" (#7328) acrylic panel Vinyl 3M Gerber Dark Red Translucent 230-73 Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS' - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Tenant Panels Preferred Layout Typical back -lit sign has Gerber Red 230-73 vinyl weeded to white. Signage Colors Translucent "White" (#7328) acrylic panel Vinyl 3M Gerber Dark Red Translucent 230-73 10 Alternative Tenant Panel Layout If required, back -lit sign can be reversed to Gerber Red 230-73 vinyl on white. FIVE GUYS' Signage Colors Translucent "White" (#7328) acrylic panel Vinyl 3M Gerber Dark Red Translucent 230-73 FIVE GUYS Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYSc' - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Blade Signs Specifications 11 Preferred Layout Sign for interior use in malls and hallways. Blade signs be internally -lit (LEDs) or externally -lit with small spot lights. Signage Colors Red: Bengal Red (MP 95959) Gloss clear coat finish White Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS® - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Typical Awning Specifications 12 Standard dimensions shown for reference. Awning sizes are not limited to those shown. Preferred Design The illustrations below show the preferred awning proportions. 60 12 V 264 Color Red: Sunbrella Logo Red Fabric Center Support Details Frame 1" Square aluminum tube frame, welded construction, mill finish, closed sides, open bottom. Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS& - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Alternate Awning Specifications 13 Standard dimensions shown for reference. Awning sizes are not limited to those shown. Design The illustrations below show awning proportions. 37 45 264 I� 36 —y r 9 —__ i Side View Color Red: Sunbrella Logo Red Fabric Frame Y Square aluminum tube frame, welded construction, mill finish, open sides, open bottom. Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Exterior Signage Approval Process 14 ALL exterior signage must be approved by FGE prior to production. Make sure you follow the Exterior Signage Approval Process each and every time you put up an exterior sign without exception. Your restaurant's exterior signage not only lets people know where you are located, it's often the first impression someone has of our brand, so it's crucial it represents us correctly. The first step to getting the best signage possible is to supply your chosen sign company with our complete exterior sign package, along with your local development's signage criteria. Some sign companies may also request a copy of our logo in EPS format. You can download the current exterior sign package and our logo in EPS format from the Marketing section of the Extranet. Once your sign company has mocked -up your signage, submit this to Brand Manager Andy Cook via email at acook@fiveguys.com Your signage submittal must include the following; • Technical drawings showing all dimensions of the proposed signage, • Mock-up of proposed sign transposed on image of your building, • Detailed specifications (including acrylic color, trim cap color, return color, installation method, illumination method), and • A copy of your development criteria or local ordinances if they force your signage to alter from our preferred signage style. Andy will work with you and your sign company on any changes which may be needed prior to issuing an approval of your exterior sign. Once all necessary adjustments are made you will receive a written approval via email from Andy. The FGE Development team will be copied on the email to notify them of your signage approval. Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS® - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Milkshake Specifications and Colors 15 Preferred Layout The illustrations below show the aspect ratio for use in interior signage applications. ago Alternative Stacked Layout .21 6.00 M I. LK HH7A KE Signage Colors Cabinet: MAP Satin "Black" Letters 11/4" Clear acrylic push-thru style lettering 70% light diffuser applied second surface of acrylic Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS` - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Interior Milkshake Sign Options 16 ALL interior signage must be approved by FGE prior to production. Make sure you follow the Signage Approval Process each and every time you put up an interior sign without exception. 38 38 Window 21/2 Soffit 21/2 1— 50 � � 50 5-1/8 + 10 5-1/8 . 10 Window21� Soffit 21n 31 24 7LK 7 5 MILK 4MI 16 13 SHAKES SHAKES Window Window 21/2 21/2 Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS® - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Typical Soffit Mounted Sign Specs 17 RA A win 41/8 MILKSHAIIKIF.S s 3s Scope of Work : Manufacture and ship (1) soffit mounted internally illuminated interior sign as shown. Cabinet : Routed .090" mill finished aluminum cabinet and face, scribed and bent construction, routed face with 3/16" smooth aluminum studs mounted to backside for holding letters, routed .090" mill finished aluminum back, 1" x 1" x 1/8" aluminum angle cut and bonded around the interior perimeter of cabinet for strength and mounting back using 8/32 counter sunk tek screws. Letters : Routed 11/4" Clear acrylic push-thru style lettering, 70% light diffuser applied second surface of acrylic. Finish : Interior of cabinet primed "White" to reflect light. Front, back, and sides prepped & painted MAP Satin "Black". Electrical :120v UL Listed & Labeled, Hanley PF 2080 "White" LED light modules mounted around the perimeter of cabinet, self-contained Hanley 12v 60w slim LED power supply mounted at the top of sign cabinet, external safety switch, 8' grounded power cord exiting the back center of sign. Installation : Customer to install sign using appropriate mounting hardware supplied with sign. Iw MouMMq 4anby 00, LOM Pmo .eDPt Sup , kemwaOk Bxx br5orvbbp i' TNc4A.y&LNhv: P.Y*dAM+&nu^ auger :.m Aegle d G[w-nPr Sunt Saers\ Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYSO - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Typical Window Mounted Sign Specs 18 28 Scope of Work : Manufacture and ship (1) hanging interior internally illuminated window sign as shown. Cabinet : Routed .090" mill finished aluminum cabinet and face, scribed and bent construction, routed face with 3/16" smooth aluminum studs mounted to backside for holding letters, routed .090" mill finished aluminum back, 1" x 1" x 1/8" aluminum angle cut and bonded around the interior perimeter of cabinet for strength and mounting back using 8/32 counter sunk tek screws. Letters : Routed 11/4" Clear acrylic push-thru style lettering, 70% light diffuser applied second surface of acrylic. Finish : Interior of cabinet primed "White" to reflect light. Front, back, and sides prepped & painted MAP Satin "Black". Electrical :120v UL Listed & Labeled, Hanley PF 2080 "White" LED light modules mounted around the perimeter of cabinet, self-contained Hanley 12v 60w slim LED power supply mounted at the top of sign cabinet, external safety switch, 8' grounded power cord exiting the top center of sign. Installation : Customer to install sign using appropriate mounting hardware supplied with sign. Five Guys Exterior Sign Package - Updated February 2020 FIVE GUYS - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Required Large Signs FGEI0LW0eM Window Sign OPEN 7 DAYS Ilam-10pm. FGE10810408/E VOTED BEST BARGAIN NGTONIAN MAGAZINE FGE�15210609�E Reader's Favorite Pick waaeingtenlan Magazine FGEro4—EWindow Sign 555-555-5555 Window Sign FGE10910111/E ZAGATSURVEY RATED One in window 8 one on wall FGEn 1s �osoerE ORDER ONLINE Choose one Potato Board: TOPAr5 POTATOES ARE FROM: l 1824SGP-HOR i FGEOH10408/E ORDER + HERE + FGE-280-0313-E For use in kitchen only FGE-280-0313-E SIN rov�r5 POTATOES ARE FROM: Nom'.". FGE/PU/0408/E PICK UP y HERE 4o FGE1-0- VOTED BEST BURGER ,araAN N,F.:R .EAaEa. FGE12010408/E Grinding Out Juicy Hamburgers & Fries NY Daily News FGE-DDH-0408-E One on each entry door FGE-OOH-0408-E FGE/RR/0408/E FGE107M408/E "Willy Wonkas of Burgercra ft" Washmgtonl`ostxom 1-1/040e1E "FIVE GUYS SERVES HEAVEN ON A SUN" Tampa Tribune FGE-OC-0408-E Four in each store QUESTIONS M COMMENTS FGE-QC-0408-E RESTROOMS FGE-279-0313-E For use in kitchen only Fonrtays+s.e FGE-279-0313-E FIVE GUYSO - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Required Menu Board Mee MV RgQts DOGS SAlONIICIr rRli WE GUYS ETYIE DRNICB 1■.10NA1� ER RGSNER STYLE NOT DOG VEGGM EAIOMRCH r� wCAJUN SMELa URGER CNFERED06 a�wP+r Iwb freestyle URGER BACON DDC M'� CHEESE LITTLE 100+ drink enoic- ALE MIX -INS FIUI E F�U—R BACON CHEESE DOGBLT CRILEDCHEESE REGULARNEEVEBURCER IAROE ORf2P REGUlEBInNERALL TOPP/NOa FAKIN LARGE ON IIMG61 GBL@SRXR Rc6N aNwrJs'1a+'+nPYGRR'L OrrrTpo — A.-- B:-eoS.,o.IN E .... ■ 0 Required Milkshake Decals Required LED Open Signs (2 per storefront / hung in windows) MVS 22.5"W Constant on (no flashing) 401R 15D Required Article Package (Milkshake Location): 20 Articles — Representative article shown below for illustrative purposes only. FIVE GUYS® - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Required Small Sign Package: FGE-65-0112-E Kitchen Topping Chart (2) FGE-66-0408-E Employees Only Sign (2) FGE-83-0408-E Gift Card Sign (Give Them What They Want) (2) FGE-68-0911-E Ground Beef Label Guide (2) FGE-69-0408-E Now Accepting Applications Sign (2) FGE-70-0408-E Thank You Customers Sign (2) FGE-72-0408-E Employees Must Wash Hands (6) FGE-73-0408-E Raw/Uncooked Meat Warning Sticker (3) FGE-74-0408-E Receive a Receipt Sticker (3) FGE-81-0408-E Ice Tea Dispenser (Sweetened) Sticker (2) FGE-82-0408-E Ice Tea Dispenser (Unsweetened) Sticker (2) FGE-77-0408-E Counter Toppings Card (6) FGE-78-0408-E Five Guys Sales Calendar (1) FGE-80-0408-E Merchandise Sign (1) FGE-79-0408-E Emergency Procedure Sign (1) FGE-96-0711-E Walk -In Cooler Guidelines (1) FGE-DW-0711-E Proper Dishwashing Procedure Sign (1) FGE-HW-0711-E Employees Must Wash Hands (1) FGE-WI-0711-E Walk -In Cooler Organization Schematic (1) FGE-93-0711-E Employees Drinks Locator (1) FGE-94-0911-E Chemicals Only Locator (1) FGE-105-0911-E Cleaning Calendar (1) FGE-103-0911-E Quarterly Time and Temperature Log Book (1) FGE-224-0911-E Oil Change Guidelines (1) FGE-104-1211-E Shelf Life Chart (1) FIVE GUYS® - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Appendix 2 COLLATERAL ASSIGNMENT OF LEASE FOR VALUE RECEIVED, the undersigned ("Assignor") assigns, transfers and sets over to FIVE GUYS FRANCHISOR, LLC, a Delaware limited liability company (together with its affiliates, "Assignee"), all of Assignor's right and title to and interest in that certain "Lease" governing the FIVE GUYS® located at 1929 -1931 US Highway 1, Sebastian, Florida 32958 (the "Lease"). This assignment is for collateral purposes only and, except as specified in this document, Assignee shall have no liability or obligation of any kind whatsoever arising from or in connection with this assignment or the Lease unless and until (i) Assignee takes possession of the premises, (ii) the Lease demises according to the terms of this document, and (iii) Assignee expressly assumes Assignor's obligations under the Lease. Assignor represents and warrants to Assignee that it has full power and authority to assign the Lease and that Assignor has not previously assigned or transferred and is not otherwise obligated to assign or transfer any of its interest in the Lease or the premises it demises. Upon Assignor's default under the Lease or under the "Franchise Agreement" for the FIVE GUYS® Restaurant located on the premises governed by the Lease (the "Franchise Agreement"), the Assignee has the right to take possession of the premises the Lease demises and expel Assignor from the premises. In that event, Assignor shall have no further rights, title to, or interest in the Lease but shall remain liable to Assignee for any past due rental payments or other charges Assignee is required to pay Lessor to effectuate the assignment this document contemplates. Assignor agrees that it shall not suffer or permit any surrender, termination, amendment or modification of the Lease without Assignee's prior written consent. Throughout the term of the Franchise Agreement, Assignor agrees that it shall elect and exercise all options to extend the term of or renew the Lease not less than thirty (30) days before the last day upon which the option must be exercised, unless Assignee agrees otherwise in writing. In the event Assignor fails to elect to extend or renew the Lease as required, Assignor appoints Assignee as its true and lawful attorney- in-fact with the authority to exercise the extension or renewal options of the Lease in the name, place and stead of Assignor for the sole purpose of effecting such extension or renewal. ASSIGNEE: ASSIGNOR: FIVE GUYS FRANCHISOR, LLC Flow Smart Five Seb By: B Name: Name: Ji son Title: Authorized Signatory Title: Xthorized Signatory FIVE GUYS - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC Appendix 2 COLLATERAL ASSIGNMENT OF LEASE FOR VALUE RECEIVED, the undersigned ("Assignor') assigns, transfers and sets over to FIVE GUYS FRANCHISOR, LLC, a Delaware limited liability company (together with its affiliates, "Assignee"), all of Assignor's right and title to and interest in that certain "Lease" governing the FIVE GUYS' located at 1929 -1931 lis Highway 1; Sebastian, Florida 32958 (the "Lease"). This assignment is for collateral purposes only and, except as specified in this document, Assignee shall have no liability or obligation of any kind whatsoever arising from or in connection with this assignment or the Lease unless and until (i) Assignee takes possession of the premises, (ii) the Lease demises according to the terms of this document, and (iii) Assignee expressly assumes Assignor's obligations under the Lease. Assignor represents and warrants to Assignee that it has full power and authority to assign the Lease and that Assignor has not previously assigned or transferred and is not otherwise obligated to assign or transfer any of its interest in the Lease or the premises it demises. Upon Assignor's default under the Lease or under the "Franchise Agreement" for the FIVE GUYSO Restaurant located on the premises governed by the Lease (the "Franchise Agreement"), the Assignee has the right to take possession of the premises the Lease demises and expel Assignor from the premises. In that event, Assignor shall have no further rights, title to, or interest in the Lease but shall remain liable to Assignee for any past due rental payments or other charges Assignee is required to pay Lessor to effectuate the assignment this document contemplates. Assignor agrees that it shall not suffer or permit any surrender, termination, amendment or modification of the Lease without Assignee's prior written consent. Throughout the term of the Franchise Agreement, Assignor agrees that it shall elect and exercise all options to extend the term of or renew the Lease not less than thirty (30) days before the last day upon which the option must be exercised, unless Assignee agrees otherwise in writing. In the event Assignor fails to elect to extend or renew the Lease as required, Assignor appoints Assignee as its true and lawful attorney- in-fact with the authority to exercise the extension or renewal options of the Lease in the name, place and stead of Assignor for the sole purpose of effecting such extension or renewal. ASSIGNEE: ASSIGNOR: FIVE GWS FRANCHISOR, LLC Flow Smart Five By: / , , B ._ Jane K. Murrell Name. Name: Title: Authorized Signatory Title: Authorized Signatory FIVE GUYS Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC CONSENT TO COLLATERAL ASSIGNMENT AND AGREEMENT OF LESSOR The undersigned Lessor under the Lease: (a) Agrees to notify Assignee in writing of and upon Assignor's failure to cure any default by Assignor under the Lease; (b) Agrees that Assignee shall have the right, but not the obligation, to cure any default by Assignor under the Lease within thirty (30) days after Assignee's receipt of notice of such default; (c) Consents to the attached Collateral Assignment and agrees that, in the event Assignee (i) elects to take possession of the premises following a default by Assignor, and (ii) confirms to Lessor in writing that it has assumed the Lease as tenant, Lessor shall fully recognize Assignee as the tenant under the Lease so long as Assignee agrees to cure any then -existing default by Assignor under the Lease within the thirty (30) day period noted in section (b) above; and (d) Agrees that Assignee may further assign the Lease to, or enter into a sublease with, a third -party person, firm or corporation who agrees to assume the tenant's obligations under the Lease and is reasonably acceptable to Lessor (and upon such assignment, Assignee shall have no further liability or obligation under the Lease as assignee, tenant or otherwise, other than to certify that the additional assignee or sublessee operates the premises the Lease demises as a FIVE GUYS® Restaurant). Dated: April 13, 2023 LESSOR: Indian River County, apolitical subdivision of the State of 'da By: Name: William K. DeBraal, Esquire Title: O.,A,4%,,� w� f� A•�2� FIVE GUYS° - Letter Agreement to Supplement Lease Agreement - Flow Smart Five Sebastian, LLC