Optimist Club gun range lease agreement AMENDED RESTATED signed

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"Expiration Date"). Upon mutual agreement of the Parties, this Lease may be extended for two (2) additional five-year terms. The rent amount shall be adjusted at the beginning of each of these terms at an amount acceptable to both Parties. 3. BASE RENT: Tenant shall pay rent to Landlord for the Premises during the term hereof in the amount of One Thousand 00/100 Dollars ($1,000.00) per year on or before January 1 of each year. All sums payable by Tenant to Landlord hereunder shall be paid by good check to the City of San Leandro, Department of Finance, 835 E. 14th Street, San Leandro, California, 94577, or such other place as Landlord may designate in writing. A. Late Charge: A late charge equivalent to fifty percent (50%) of any Rent, or any portion of Rent, or any portion thereof due and unpaid for more than fifteen (15) days, shall be paid by Tenant for each year that such Rent remains due and unpaid, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay such Rent. Landlord and Tenant have agreed upon the late payment charge, after negotiation, as a reasonable estimate of the additional administrative costs and detriment the Landlord will incur as a result of any such failure by Tenant, the actual costs thereof being extremely difficult if not impossible to determine. The late payment charge constitutes liquidated damages to compensate Landlord for its damages resulting from such failure to pay and shall be paid to Landlord together with such unpaid amount. B. Holding Over: Any holding over after the expiration of the Term with the express consent of Landlord shall be construed to automatically extend the Term of this Lease on a MONTH -TO - MONTH basis at a Base Rent equal to One hundred & Fifty percent (150%) of the latest Base Rent payable by Tenant hereunder prior to such expiration. Any holding over without Landlord's consent shall constitute a default by Tenant and entitle Landlord to exercise any or all of its remedies as provided herein, notwithstanding that Landlord may elect to accept one or more payments of Rent, and whether or not such amounts are at the holdover rate specified above or the rate in effect at the end of the Term of the Lease, without waiving Landlord's right to seek immediate possession of the Premises. 4. USE OF PREMISES: A. Permitted Use: Tenant may use the Premises for any lawful purpose as long as such purpose is in conformance to and in full accordance with any and all deed restrictions and easements affecting the Premises and all applicable laws and regulations. Changes in the type of use shall be made only upon the express written consent of Landlord. Pursuant to any use related to a gun or shooting range, Tenant agrees to adopt and enforce safety rules, for the use and operation of the range, which rules shall be conspicuously posted at the range. Tenant agrees to issue permits to users of the range or to allow use of the range to persons with valid Federal or State firearms permits; and further agrees that persons who cannot demonstrate knowledge of the safety rules shall not be issued permits. All rules shall be subject to prior approval by Landlord. B. Tenant may charge a reasonable fee for use of the Premises as a gun range, subject to prior approval by Landlord. C. Lessor shall have and Lessee hereby grants to Lessor the right to use of the Premises for any official City purpose including but not limited to use by members of the City of San Leandro Police Department without charge, or set-off, reduction or discount of rent at times or upon 2