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ARTICLE I <br />USE OF LEASED PRENUSES <br />The area of the Leased Premises may be used by TENANT solely for a passive park for <br />public use available seven days a week from sunrise to sunset. TENANT shall be responsible for <br />opening the gate to prevent access to the Leased Premises before sunrise and locking the gate at <br />sunset. TENANT shall be responsible for all operations aspects of the Leased Premises except <br />for the areas specifically designated for use by Miami -Dade County. If the TENANT fails to <br />operate the facility in accordance with the approved use, this Lease Agreement shall be <br />terminated and any and all improvements will become the property of the LANDLORD. <br />TENANT shall be given thirty (30) days notice to cure any defaults before the Lease Agreement <br />is terminated. <br />ARTICLE II <br />CONDITION OF LEASED PREMISES <br />TENANT hereby accepts the Leased Premises in "as is" condition as such Leased <br />Premises exists at the beginning of this Lease Agreement. TENANT acknowledges that the <br />Leased Premises contains underground utility facilities (the "existing utilities ") and the <br />LANDLORD shall have access to the entire parcel in order to access the underground utility <br />facilities for maintenance, repair or alteration. TENANT, at its sole cost and expense, may make <br />such beautification improvements and construct the passive park upon the Leased Premises as <br />shall be reasonably necessary to place the Leased Premises in such state or condition that it may <br />be used for the purposes for which this Lease Agreement is made and entered into by both <br />parties but shall not impact or utilize such existing utilities. LANDLORD shall repair all <br />beautification improvements if LANDLORD destroys such improvements during any repairs of <br />existing facilities. <br />ARTICLE III <br />UTILITIES, MAINTENANCE AND CONSTRUCTION <br />All additional utilities shall be provided and installed by the TENANT and shall be <br />placed in the name of the TENANT and the cost of all utilities and waste removal shall be paid <br />by TENANT, including any and all infrastructure required to provide service to the Leased <br />Premises. The location of all new utility lines shall be subject to the written approval of <br />LW Lease Agreement 350 Sunny Isles Blvd. WASD.doc 2 <br />