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9. Notice shall be deemed to have been properly given if mailed by postage prepaid to the person entitled to receive the same at the address set forth below, or at such other address as is designated hereafter in writing by the party entitled to receive said notice. Lessor: City of Pleasanton 123 Main Street P.O. Box 520 Pleasanton, CA 94566 Attn: City Manager Lessee: Timothy Koopmann P.O. BOX 177 Sunol, CA 94586 10. The leased Property is to be used for grazing cattle only and is not to be used for any other purpose by the Lessee which might 1) alter the topography of the land, 2) contaminate the soil and water, 3) reduce the natural scenic quality of the land, or 4) conflict with the Grazing Resource Management Plan. Lessee's grazing operation shall not unreasonably interfere with the golf course and public trails and Lessee shall not overgraze the land and will at all times manage the property in accordance with good husbandry practices in a manner to protect and preserve the Property, and the vegetation, soils, waters and improvements from damage or misuse. Lessee will not cause or permit any degradation of the Property. No material beyond that on the Property at the beginning of the Lease may be stored on said premises. 11. During the term of the Lease, Lessee shall, at its own cost, keep all fences and gates, fire breaks, trails and roads, bridges, springs, or improvements of any kind which are damaged or destroyed in any way by its livestock or by its agents, employees, equipment or activities in as good repair and condition as they were when it took possession; normal wear and tear, loss by fire or unavoidable depreciation and destruction excepted. Nothing herein contained shall be construed to obligate Lessor to make any changes, alterations or repairs to the Property. 12. In its use of the leased Property, Lessee will observe and comply with all applicable laws, ordinances, and governmental regulations, including but not limited to any federal statutes and regulations concerning endangered species, which species' habitat is part of the leased Property. 13. Notwithstanding any provision contained herein to the contrary, Lessor expressly reserves unto itself, its successors and assigns, the following rights, benefits, interests and privileges in the leased Property so long as they do not unreasonably interfere with Lessee's use of the Property: A. The right to burn a portion of the leased Property from time to time consistent with the permits Lessor has from federal and state regulatory agencies; B. The right to use and enjoy, and to allow others to use and enjoy, the leased Property, including the trails thereon, for all other purposes and in all ways and manners; 3