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property, trespass or any other alleged wrong or entitlement to remedy based upon, due to,
<br />arising from or otherwise related to the proximity of the leased Pastures to the golf course,
<br />including, without limitation, any claim arising in whole or in part from the negligence of Lessor,
<br />or its contractors, agents, successors or assigns.
<br />7. Upon the expiration of the term of this Lease, or other termination hereof, Lessee shall
<br />peaceably surrender the property to Lessor. No holding over by the Lessee for any period
<br />whatsoever, either with or without the consent of the Lessor, shall be deemed a renewal or
<br />extension of the term of this Lease, or shall entitle the Lessee to hold under the terms of this
<br />Lease for a full year, or for any other period.
<br />8. By entry under this Lease, Lessee accepts the property in its present "as is" condition
<br />and that any improvements to the Pastures, such as repairs to, or new, fencing, shall be solely at
<br />Lessee's expense. Lessee agrees that on the last day of the term, regardless of the cause or
<br />manner of termination under this Lease, or upon the withdrawal of the Lessee from said Pastures,
<br />Lessee shall return the Pastures in the same condition as when received, reasonable use, wear, or
<br />damage excepted, unless Lessor allowed changes in the condition and specified in writing that
<br />the Pastures did not have to be restored at the termination of this Lease; but the Lessee shall not
<br />be required to cure damages caused by the forces of nature.
<br />9. Notice shall be deemed to have been properly given if mailed by postage prepaid to
<br />the person entitled to receive the same at the address set forth below, or at such other address as
<br />is designated hereafter in writing by the party entitled to receive said notice.
<br />Lessor: City of Pleasanton, 123 Main Street, P.O. Box 520, Pleasanton, CA 94566,
<br />Attn: City Manager
<br />Lessee: Spotorno Family Ranch, P.O. Box 487, Pleasanton, CA 94566
<br />10. The leased Pastures are to be used for grazing cattle only and is not to be used for
<br />any other purpose by the Lessee which might: 1) alter the topography of the land; 2) contaminate
<br />the soil and water; 3) reduce the natural scenic quality of the land; or 4) conflict with the Grazing
<br />/ Resource Management Plan. Lessee's grazing operation shall not unreasonably interfere with
<br />the golf course and public trail and Lessee shall not overgraze the land and will at all times
<br />manage the property in accordance with good husbandry practices in a manner to protect and
<br />preserve the Pastures, and the vegetation, soils, waters and improvements from damage or
<br />misuse. Lessee will not cause or permit any degradation of the Pastures. No material beyond
<br />that on the Pastures at the beginning of the Lease may be stored on said premises.
<br />11. During the term of the Lease, Lessee shall, at its own cost, keep all fences and gates,
<br />fire breaks, trails and roads, bridges, springs, or improvements of any kind which are damaged or
<br />destroyed in any way by its livestock or by its agents, employees, equipment or activities in as
<br />good repair and condition as they were when it took possession; normal wear and tear, loss by
<br />fire or unavoidable depreciation and destruction excepted. Nothing herein contained shall be
<br />construed to obligate Lessor to make any changes, alterations or repairs to the Pastures.
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