Optimist Club gun range lease agreement AMENDED RESTATED signed

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AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE OPTIMIST CLUB OF SAN LEANDRO AND THE CITY OF SAN LEANDRO (APN: 077A 0649 009 00) THIS LEASE AGREEMENT (the "Lease") is dated for convenience as of the 1ST day of November, 2017 by and between the City of San Leandro, a municipal corporation, hereinafter referred to as "City" or "Landlord" or "Lessor," and the Optimist Club of San Leandro, a California corporation, hereinafter referred to as "Tenant" or "Lessee" and together referred to as "Parties". RECITALS 1. City and Lessee entered into a lease agreement dated May 1, 2012 to lease the land situated in the City of San Leandro, Alameda County, California described and depicted in the attached Exhibit A. 2. The lease expired on May 1, 2017, and the parties now wish to amend and restate the lease to include the amendment and to extend the term. PREMISES: AS IS CONDITION: Leased Premises: The premises (the "Premises") leased to Tenant under this Lease shall be certain land situated in the City of San Leandro, Alameda County, California described and depicted in the attached Exhibit A. Subject to the provisions of this Lease, Landlord leases to Tenant and Tenant leases from Landlord the Premises depicted in the attached Exhibit A, attached hereto and made a part hereof. The Premises shall comprise only those areas identified in the attached Exhibit A, and as further described herein. A. As Is Condition: Tenant acknowledges and agrees that the Premises are being leased and accepted in their "as is" condition, without representation or warranty of any kind, and subject to all applicable laws, rules and ordinances governing their use, occupancy and possession. Tenant represents and warrants to Landlord that Tenant has investigated and inspected, independently or through agents of Tenant's own choosing, the condition of the Premises and the suitability of the Premises for Tenant's intended use. Tenant has determined, based solely on its own investigation, that the Premises are suitable for Tenant's business and intended use. Tenant acknowledges and agrees that neither Landlord nor any of its agents have made, and Landlord hereby disclaims, any representations or warranties, express or implied, concerning the Premises, the physical or environmental condition of the Premises or any other property beneath, adjacent to, or otherwise related to the Premises, the present or future suitability of the Premises for Tenant's business or Tenant's intended uses of the Premises, or any other matter whatsoever relating to the Premises, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or any defects, latent or patent. 2. TERM OF LEASE: The term of this Lease is five (5) years commencing November 1, 2017 (hereafter "Commencement Date") and expiring at midnight on October 31, 2022 (hereafter