Optimist Club gun range lease agreement AMENDED RESTATED signed

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schedules mutually agreed upon by the Parties hereto. It is agreed that San Leandro Police Department staff will contact the Lessee and arrange for access in advance, said access not to be unreasonably withheld. D. Lessee is hereby granted the right to make physical improvements to the Premises, including the construction of buildings and facilities necessary or convenient for use of said Premises as a gun or shooting range subject in each instance to prior approval of such improvements by Lessor and that such improvements are in conformance to and in full accordance with any and all deed restrictions and easements affecting the Premises and all applicable laws and regulations. The Premises shall not be used for storage except for merchandise held for sale to the general public related to Lessee's use and Lessee's operation and maintenance of the range. Merchandise for sale shall include ammunition, targets, drinks, vending machine items, ear plugs, ear and eye protectors and other items reasonably related to Lessee's use. Lessee is permitted to store gun club members' personal items on the Premises on a temporary basis. All personal items shall be, when applicable, unloaded, protected and locked in a secure manner when not in use. E. City has required that the East Bay Regional Park District (the "District") develop a park vehicular and pedestrian access road ("District Access Road") for public use to be located between the Waste Management facility and the Premises, at the terminus of Davis Street, which may require reconfiguration of Lessee's Premises during the Lease term, including but not limited to the Premises parking facilities. Lessee shall cooperate with City and District in the realignment of the District Access Road and by executing this Lease Agreement grants explicit permission to City and District to access the Premises for any and all purposes related to the design and construction of the District Access Road. City shall endeavor to provide notice to Lessee of a schedule of work for the design and construction of the District Access Road, but if such notice fails, Lessee shall have no recourse to prevent such work from proceeding, nor shall Lessee have a cause of action for constructive eviction or any other cause of action based on a reduction or loss of use of the Premises. It is understood and expressly agreed to by Lessee that District's new park entrance will impact the Premises, including but not limited to size, ingress and egress, F. Prohibited Use: Without limiting the foregoing, Tenant shall not do, and shall use its best efforts to prevent anything being done in or about the Premises or bring or keep anything therein, which will in any way conflict with any law which may now or hereafter be enacted, or create a nuisance or commit or suffer to be committed any waste upon the Premises, or use or allow the Premises to be used for any unlawful purpose. G. Other Lease Provisions: This Lease and any amendments hereto are subject to the approval of the City Council of the City. Tenant shall not perform any act, which will cause a cancellation of any insurance policy covering the Premises or any part thereof. Tenant, at Tenant's expense, shall comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county and municipal authorities, now in force or which may hereafter be in force, which shall impose any duty upon Landlord or Tenant with respect to the use, occupation or alteration of the Premises. Tenant further understands and agrees to be responsible and comply with 42 USC Section 12101, et seq., (the "Americans with Disabilities Act") within the Premises,