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d LEASE AGREEMENT , THIS LEASE, made this 6 day of . 2011, by and between EAST BAY MUNICIPAL UTILITY DISTRICT, a public c rporat on of the State of California ( "Lessor "), and CITY OF SAN LEANDRO, a Municipal corporation ("Lessee"), WITNESSETH: THAT Lessor, for and in consideration of the payment of rent hereinafter specified to be paid by Lessee, and the faithful performance and observance by Lessee of the covenants and agreements herein contained, does hereby give to Lessee a Lease for public picnic grounds and public park uses as hereinafter limited upon the property of Lessor in the County of Alameda, State of California, as shown on Exhibit "A ", attached hereto and made a part hereof. The Lease above - mentioned is given by Lessor and accepted by Lessee upon the following terms and conditions: 1. Lessee hereby acknowledges that title of the Lessor in and to the real property shown on Exhibit "A" and all waters, water rights and other rights appurtenant to or connected with said real property, and agrees never to assail or to resist said title. 2. Said Lease shall be for a period of five years, commencing the 1 day of July 2011, and ending the 30` day of June 2016, unless sooner terminated and is given subject to all of the terms, conditions and restrictions contained herein. Lessee agrees to pay to District in advance in the amount of Two Thousand Dollars (52,000.00) for use of the property. Said advance Lease payment shall be made payable to East Bay Municipal Utility District. 3. Upon failure by Lessee to faithfully perform any of the covenants, agreements or conditions herein contained, said Lease may be revoked by Lessor at any time upon giving to Lessee thirty (30) days' previous notice in writing of Lessor's intention so to do, and upon expiration of said thirty (30) day period all rights herein given shall immediately cease and terminate. As an additional right of revocation, said Lease may also be revoked by Lessor at any time and for any reason other than that expressed above upon Lessor giving to Lessee four (4) months' previous notice in writing of Lessor's intention so to do, and upon the expiration of said four (4) month period all rights herein given to Lessee shall immediately cease and terminate. Prior to the expiration of said five (5) year period, said thirty (30) day period or said four (4) month period, whichever may apply, or upon any termination or revocation of said Lease or of any of the rights of Lessee hereunder, Lessee agrees to promptly remove all of its property and equipment from said real properly and to restore said real property as nearly as possible to the condition it was in prior to the commencement of its use by Lessee. JI1- 02.0I.doc -1-