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the LANDLORD shall suffer by reason thereof, and the TENANT will indemnify the LANDLORD against all claims and demands made by any succeeding tenants and/or developers against the LANDLORD founded upon delay by the LANDLORD in delivering possession of the Leased Premises to such succeeding tenant and/or developer. If the TENANT shall be in possession of the Leased Premises after the Termination Date, in the absence of any agreement extending the term hereof, the tenancy under this Agreement shall become one of month-to-month, terminable by either Party with thirty (30) days prior written notice. Such month-to-month tenancy shall be subject to all of the covenants, conditions, provisions, restrictions and obligations of this Agreement. Upon the Effective Date of this Agreement, any and all other agreements, if any, that the LANDLORD has with the TENANT for the same property, shall automatically terminate without further notice to the LANDLORD or the TENANT. This Agreement shall replace and succeed any and all other such agreements in their entirety. ARTICLE III RENT The TENANT covenants and agrees to pay to the LANDLORD, as rental, for a term of twenty (20) years, commencing on the Effective Date, and teiminating on the Termination Date, the annual rental amount of Ten Dollars ($10.00), on a yearly basis. The LANDLORD shall be permitted to accelerate the rent upon any default by the TENANT. Further, the TENANT also agrees that the rent is payable on a yearly basis, as described above, and payable on the anniversary of the Effective Date to Miami-Dade County Water and Sewer Department, 3071 S.W. 38 Avenue, Controllers Office, Miami, Florida 33146, or at such other place and to such other person as the LANDLORD may from time to time designate in writing, as set forth herein. ARTICLE IV USE OF LEASED PREMISES The TENANT shall occupy the Leased Premises upon the Effective Date of the term in accordance with this Agreement, and thereafter will continuously use the Leased Premises for the pemnitted use as a passive park for public use available seven (7) days a week, from sunrise to sunset. The TENANT shall be responsible for opening the gate before sunrise and locking the gate at sunset to prevent access to the Leased Premises. The TENANT shall be responsible for all operational and security aspects of the Leased Premises except for the areas specifically designated for use by the LANDLORD. If the TENANT fails to operate the facility in accordance with the approved use, this Agreement shall be terminated and any and all improvements will become the property of the LANDLORD. The TENANT shall be given thirty (30) days' notice to cure any defaults before the Agreement is terminated. The TENANT agrees that no changes in the use of the Leased Premises is permitted without the express prior written permission of the LANDLORD. Upon failure of the TENANT to operate the Leased Premises in accordance with the approved use, as herein stated above, this Agreement may be immediately terminated at the LANDLORD'S sole discretion, and it shall become null and void, and any and all improvements, except for furniture and equipment, on or to the Leased Premises shall become the property of the LANDLORD. Page 3 of 16 Sunny Isles Lease Agreement