Agenda — Avalon City Council, November 19, 2024

AVALON CITY COUNCIL MEETING
TUESDAY, NOVEMBER 19, 2024 - 5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-

35.104 ADA Title I|). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.

For the public's convenience, but not participation, the meeting can be viewed:

On local cable: Catalina Broadband Solutions channel 3
Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA

CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL

ANNOUNCEMENTS / WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT / CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS/REQUESTS / MAYOR REPORT

ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.

CONSENT CALENDAR

1. City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.

Recommended Action
Approve minutes from the November 5, 2024 regular City Council Meetings.

Warrants
Expenditures Submitted for Approval
• Warrants from the US General Fund in the amount of $779,442.86. • One payroll totaling $260,467.54.
• Two electronic fund transfers totaling $97,249.70.

Recommended Action
Approve total expenditures for October 28, 2024 through November 8, 2024 totaling $1,137,160.10.

CITY COUNCIL AGENDA
NOVEMBER 19, 2024
PAGE 2
Declare Mobile Crane as Surplus
Historically, the City Council is presented with a list of items that are surplus, the Council declares or plus ed other the declarested sure either old vie is sure i e able to be economically repaired, and/or are no longer safe to use.

Recommended Action
Adopt a resolution declaring vehicles & equipment listed in resolution as surplus property and authorize the City Manager to dispose of it in accordance with City policy.

4. Southern California Association of Governments MOU Approval On June 29, 2023, the California Public Utilities Commission approved SCAG's application for the Local Agency Technical Assistance (LATA) grant funding to conduct a Last Mile Project Assessment for the SCAG Region. The LATA grant will help SCAG assist local jurisdictions (one of them being the City of Avalon) to identify and analyze opportunity areas to develop conceptual engineering designs for last mile services for broadband improvement.

Recommended Action
Adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with the Southern California Association of Governments to provide Technical Assistance related to the Last Mile Project Assessment.

5. Per Capita Program Funding for Local Park Rehabilitation, Creation and Improvements The City of Avalon received an allocation of $177,952.00 from the Per Capita Program Funds, derived from Proposition 68, to enhance local park infrastructure. On October 5, 2021, staff presented City Council with some ideas on how to spend the Per Capita Program Funds for improvements to the parks and/or facilities in Avalon.

Recommended Action

1. Approve the reallocation of Capital Grant Funding to Avalon Kids Park. 2. Approve the purchasing and build of Avalon Kids Park.

Island Enterprises, Inc. Lease Transfers
On November 13, 2024, City Staff received a request from Heather Milburn, President of Operations at Catalina Adventure Tours regarding transfer of Island Enterprise, Inc. lease agreements with the City of Avalon as well as a request for a lease amendment for the leased space at No. 2 Green Pleasure Pier.

Recommended Action
Authorize the City Manager to amend and transfer the lease agreements with Island Enterprises, Inc., for the city-owned property at 300-C Pebbly Beach Road, 302 C1 Pebbly Beach Road and No. 2 Pleasure Pier. Authorize the City Manager to use his discretionary authority to assess a Transfer Fee as established in the lease agreement.

CITY COUNCIL AGENDA
NOVEMBER 5, 2024
PAGE 3

7. Purchase of Motorola Portable APX8000 Series Radios
In 2024, the City executed an agreement to be a subscriber to Los Angeles Regional Interoperable Communications System (LA RICS). With the new system the City has designated channels dedicated to the Island; however, to utilize the new system, the Fire Department had to use compatible radios.

Recommended Action
Authorize the City Manager or his designee to purchase seven (7) new Portable Motorola APX 8000 Radios for a not-to-exceed sum of $100,000 as budgeted in the City's Fiscal Year 2024-25 Capital Improvement Plan, Project #254501, Account #10245-6547, from the lowest responsive bidder.

GENERAL BUSINESS
Geo-Logic Associates Contract Amendment
On June 20, 2023 the City awarded a contract to Geo-Logic Associates to prepare the Conditional Use Permit application, Coastal Development Permit application, conduct special technical studies, prepare CEQA documentation, and work with Los Angeles County Department of Regional Planning for the Pebbly Beach Landfill Expansion Project. During the projected they became aware that an additional SEA Conditional Use Permit was necessary.

Recommended Action
Authorize the City Manager to execute a contract amendment to the Pebbly Beach Landfill Expansion Project with Geo-Logic Associates for a not-to-exceed sum of $66,000, and update the scope of work for preparation of a SEA Conditional Use Permit for submittal to Los Angeles County Department of Regional Planning.

ADJOURN

NOTICE OF POSTING
1, Devin Elise Hart, declare that the City Council Agenda for Tuesday, November 19, 2024 was posted Friday, November 15, 2024 the City's website,
www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.

Delise Haut
Devin Elise Hart, Management Analyst

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 19, 2024 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER:

PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the November 5, 2024 regular City Council Meeting.

REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council's approval.

FISCAL IMPACTS: N/A.

GOAL ALIGNMENT: Not Aligned.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.

FOLLOW UP ACTION: File minutes in the City Clerk's office.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. November 5, 2024 regular City Council Meeting Minutes

AVALON CITY COUNCIL MEETING
TUESDAY, NOVEMBER 5, 2024 - 5:00 PM
410 AVALON CANYON ROAD

MINUTES
CALL TO ORDER: 5:00 p.m.

ROLL CALL- Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle Morones.

WRITTEN COMMUNICATIONS - City Staff received 1 written communication regarding Item #6. A Public Hearing Considering a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit to Allow the Demolition of a Vacant Three-Story Apartment Building and Construction of a New Four-Story Hotel with Employee Housing in the Special Commercial (SC) Zone. (PC#2842). The written communication was distributed to City Council and is filed in the City Clerk's office.

CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve Items #1-#5 made by Lisa Lavelle, seconded by Mary Schickling. (All Ayes)

1. City Council Minutes
Approved minutes from the October 22, 2024 regular City Council Meeting.

2. Warrants
Approved warrants from the US General Fund in the amount of $1,531,798.63, payroll totaling $261,493.87, four electronic fund transfers totaling $189,755.50 for a total expenditure of $1,983,048.00 for October 7, 2024 through October 25, 2024.

Authorize the Purchase of a New Isuzu NRR Utility Truck with Switch-N-Go Flatbed and Dump Bed System

1. Authorized the City Manager, or their designee, to purchase a 2024 Isuzu NRR with Switch-N-Go flatbed and dump bed system from Freeway Isuzu located in Corona, CA. 2. Amended the budget to increase the Vehicle Replacement Fund (13825-6781) by $15,000 to allocate funds for the procurement of the vehicle in the amount not to exceed $125,000.

Purchase of Pump for Pebbly Beach Lift Station

1. Authorized City Manager, or their designee, to purchase Flygt 6" 30HP submersible pump from Xylem Water Solutions, Inc. for the Pebbly Beach sewage lift station for a not-to-exceed sum of $38,500 from Sewer Fund 10850- 6521. 2. Made the affirmative finding that the Xylem Water Solutions, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-4.111(b).

CITY COUNCIL MINUTES
NOVEMBER 5, 2024
PAGE 2
Wet Spot Lease Amendment
Authorized an amendment to the lease agreement between the City of Avalon and The Wetspot Rentals granting expansion of use for city-owned lease property at 120 Pebbly Beach Road to allow for occasional sub-letting to Catalina Adventure Tours for ticket sales.

PUBLIC HEARING

6. A Public Hearing Considering a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit to Allow the Demolition of a Vacant Three-Story Apartment Building and Construction of a New Four-Story Hotel with Employee Housing in the Special Commercial (SC) Zone. (PC#2842)

1. Mayor Marshall opened the Public Hearing. 2. Public comments were heard.

3. Mayor Marshall closed the Public Hearing. 4. Found the project qualifies for streamlined review under the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 - In-Fill Development Projects. 5.

Adopted the findings to support approval of a Conditional Use Permit. 6. Adopted the findings to support approval of a Variance. 7. Adopted the findings to support approval of a Site Plan. 8. Adopted the findings to support approval of a Coastal Development Permit. 9. Found the project consistent with the 2024 Annual Growth Policy.

Adopted Resolution No. 24-40 of the City Council of the City of Avalon, California, Approving a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit for a Four-Story Hotel with Employee Housing in the Special Commercial Zone, Located at 301 Beacon Street, Avalon, California.

Motion to approve made by Anni Marshall, seconded by Michael Ponce. (4 Ayes-Marshall, De La Rosa, Lavelle and Ponce; 1 No-Schickling)

GENERAL BUSINESS
Letter of Understanding with PERC Water Corporation for Operations, Management, Maintenance, and Monitoring of the City of Avalon Wastewater System
Authorized the City Manager to execute a letter of understanding with PERC Water Corporation to continue the maintenance and operations of the City of Avalon's Wastewater System for a 6-month period at a 3% CPI adjusted rate.

Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)

CITY COUNCIL MINUTES
NOVEMBER 5, 2024
PAGE 3
Mayor Marshall adjourned the meeting at 7:08 p.m.
1, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on November 5, 2024, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 19, 2024 AGENDA ITEM: 2
ORIGINATING DEP: Finance CITY MANAGER: DAMM
PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for October 28, 2024 through November 8, 2024 totaling $1,137, 160.10.

REPORT SUMMARY: These disbursements through November 8th are comprised of warrants trom the US Bank General Account totaling $779,442.86, one payroll totaling $260,467.54, and other electronic fund transfers totaling $97,249.70.

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 38919 - 38990 $ 779,442.86 11/08/24 PAYROLL 260,467.54 10/31/24
EFT - CALPERS MEDICAL 94,688.17 11/05/24
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 2,561.53 11/08/24 TOTAL DISBURSEMENTS $ 1,137,160.10
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY24-25 Budget.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENTS: Audit Certificate, Warrant Lists, US Bank Detail

CITY OF AVALON
OCTOBER 28 - NOVEMBER 8, 2024 DISBURSEMENTS
November 19, 2024

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 38919 - 38990 $ 779,442.86 11/08/24 260,467.54 10/31/24
EFT - CALPERS MEDICAL 94,688.17 11/05/24
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 2,561.53 11/08/24 TOTAL DISBURSEMENTS S 1,137,160.10

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

I CERTIFY UNDER PENALTY OF PERJURY

APPROVED AND AUDITED THIS THAT THE FOREGOING IS TRUE AND 19th DAY OF NOVEMBER 2024 CORRECT.

EXECUTED THIS 19th DAY OF NOVEMBER 2024

AUDIT COMMITTEE - MICHAEL PONCE

FINANCE DIRECTOR - MATTHEW BAKER

AUDIT COMMITTEE - MARY SCHICKLING

CITY OF AVALON

WARRANT DISBURSEMENTS
November 8, 2024
DATE

ISSUED AMOUNT NAME
11/08/2024 1,220.90 ARA OIL, INC
11/08/202 3,639.49 ALL STAR FIRE EQUIPMENT, INC UNIFORMS: FIRE 11/08/202 122.25 ALLED PAVING CO.
11/08/2024 3,003.00 ALPHA ANALYTICAL LABORATORIES, INC
11/08/2024 AMAZON CAPITAL SERVICES, INC
11/08/2024 7,583.30 AMAZON CAPITAL SERVICES, INC
11/08/2024 605.94 AVALON BOAT STAND SERVICE HARBOR
11/08/2024 5,934.46 CR&R INCORPORATED
11/08/2024 181,499.86 CR&R INCORPORATED
11/08/2024 3,289.96 AVALON FREIGHT SERVICES, LLC
11/08/2024 10,883.25 AVALON MOORING & DIVING SERVICE: HARBOR 11/08/2024 330.00 AVALON SMOKE HOUSE
11/08/2024 4,916.00 BEYOND SOFTWARE SOLUTIONS
11/08/2024 700.41 BUTTE, JAMES
11/08/2024 47.00 CARSTARPHEN, ORNE
11/08/2024 382.09 CART MART, INC.
11/08/2024 2,673.32 CATALINA BEVERAGE CO
11/08/2024 4,168.34 CATALINA BROADBAND SOLUTIONS
11/08/2024 70,900.20 CATALINA EXPRESS SUBSIDY: 10/2024
11/08/2024 22,341.00 CATALINA ISLAND COMPANY RENT: 11/2024 11/08/2024 400.00 CATALINA ISLAND JANITORIAL
11/08/2024 588.00 CATALINA ISLANDER
11/08/2024 219.65 CICCS/EAP
11/08/2024 1,600.00 COUNTY OF LOS ANGELES C/O LA RICS SERVICE: FIRE 38942 11/08/2024 857.37 DION & SONS MARINE FUELS INC
38943 11/08/2024 31,468.97 EDISON
38944 11/08/2024 560.32 ELAN ARTISTS LTD
38945 11/08/2024 119,901.34 FREEWAY TRUCK AND VAN, INC
38946 11/08/2024 218.15 GALLS, LLC
38947 11/08/2024 7,944.83 GANAHL LUMBER COMPANY
2070006
38947 11/08/2024 2,013.80 GANAHL LUMBER COMPANY
38948 11/08/2024 217.25 GARZA, WADE
38949 11/08/2024 15,015.00 GATEWAY CITIES COUNCIL OF GOVTS 38950 11/08/2024 55,193.78 GEOLOGIC ASSOCIATES, LLC
38951 11/08/2024 5,193.20 GRAINGER
38952 11/08/2024 1,020.58 HAAKER
38953 11/08/2024 327.25 HARRINGTON INDUSTRIAL PLASTICS LLC 38954 11/08/2024 1,510.11 HDL COREN & CONE
38955 11/08/2024 4,657.95 HOME DEPOT CREDIT SERVICES
38956 11/08/2024 760.00 LUPO, KARLA
38957 11/08/2024 1,448.82 ALFREY, JANICE L.
38958 11/08/2024 176.00 JOKSAN HERNANDEZ DIAZ
38959 11/08/2024
38960 11/08/2024 1,350.23 LAVELLE, LISA
38961 11/08/2024 405.15
38962 11/08/2024 589.57 MAISTROS, DAVID
38963 11/08/2024 176.71
38964 11/08/2024 627.78 MCDONALD, AUDRA
38965 11/08/2024 17194
38965 11/08/2024 230.14
38967 11/08/2024 992.51 NAPA AUTO PARTS
38968 11/08/2024 269.75
38969 11/08/2024
38970 11/08/2024
38971 11/08/2024
38972 11/08/2024
38973 11/08/2024
38974 11/08/2024 0.00 KELLY, RACHEL
38975 11/08/2024 ,988.75 RAINY DAY ROOFING, I
38976 11/08/2024 297.56 RICOH USA, INC.
38977 11/08/2024 5,818.62 SAGECREST PLANNING & ENVIRONMEN 38978 11/08/2024 11.00 SALDANA, MAR
38979 11/08/2024 211.29 SHIFT CALENDARS, INC
38980 11/08/2024 442.64 SFC HOLDINGS, LLC
38981 11/08/2024
38982 11/08/2024
38983 11/08/2024
38984 11/08/2024
38985 11/08/2024
38986 11/08/2024
38987 11/08/2024
38988 11/08/2024
38989 11/08/2024
38990 11/08/2024

Page 1 of 1 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID NOVEMBER 8, 2024
November 19, 2024

LAST NAME POST DATE DESCRIPTION DEPARTMENT
DEVIN HART 422.40 CITRIX SYSTEMS, INC OPERATION COSTS: IT ADMINISTRATION DEVIN HART 10/2/2024 82.96 CYBERLINK NETWORK OPERATION COSTS: IT ADMINISTRATION DEVIN HART 10/2/2024 35.00 SINCH MAILGUN OPERATION COSTS: IT ADMINISTRATION GONZALES 9/25/2024 599.00 REGISTRATIONS PLUS SAM REGISTRATION:3 YEARS ADMINISTRATION GONZALES 10/1/2024 92.00 CATALINA EXPRESS TRAVEL: BOAT ADMINISTRATION/TRANSIT GONZALES 10/3/2024 5.00 CATALINA EXPRESS TRAVEL: BOAT ADMINISTRATION/TRANSIT MAISTROS 9/25/2024 110.90 EXPEDIA TRAVEL: HOTEL COUNCIL MAISTROS 10/15/2024 2,047.08 HYATT REGENCY LONG BACH TRAVEL: HOTEL COUNCIL MAISTROS 10/15/2024 1,023.54 HYATT REGENCY LONG BACH TRAVEL: HOTEL COUNCIL SCHMIDT 9/17/2024 19.78 CHET'S HARDWARE SUPPORNS ANTENANCE HARBOR SCHMIDT 9/25/2024 141.90 VMC CUTCO HARBOR
SCHMIDT 10/11/2024 57.72 CHET'S HARDWARE SUPPLIES: MAINTENANCE HARBOR 4,637.28 _CHECK NUMBER 38986

Page 1 of 1 ends

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 19, 2024 AGENDA ITEM: 3
ORIGINATING DEP: Public Works CITY MANAGER: DeM
PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Declare Mobile Crane as Surplus
RECOMMENDED ACTION(S): Adopt a resolution declaring vehicles & equipment listed in rey bion as surplus property and authorize the Gily Manager to dispose of it in accordance with REPORT SUMMARY: Historically, the City Council is presented with a list of items that are surplus, the Council declares it surplus, and then the declared items are either sold via Public Surplus, given to charity, or disposed of properly. The listed surplus equipment below is inoperable, not able to be economically repaired, and/or are no longer safe to use.

Year / Make / Model Dept. Serial#
2006 Lorain LRT275 Crane Harbor Maint. 7978
FISCAL IMPACTS: Unknown
GOAL ALIGNMENT: Surplus Equipment
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will have in their possession old, unused, and inoperable vehicles & equipment that adds to the clutter at City facilities.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. Resolution
65059.00000\42923795.1
RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF AVALON DECLARING SPECIFIED EQUIPMENT

TO BE SURPLUS AND AUTHORIZING

THE SALE OR DISPOSAL THEREOF
WHEREAS, Government Code Section 37350 authorizes the City Council to control and dispose of property for the common benefit; and WHEREAS, the City Council wishes to declare certain equipment to be surplus and has determined that sale or disposal, as indicated below, is appropriate and will benetit the City because it is no longer necessary to the City's services and programs and requires storage that can be devoted to better use:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DECLARES, FINDS AND RESOLVES AS FOLLOWS:

Section 1. The City Council hereby declares the following equipment to no longer be useful or necessary to the City's services and programs and therefore surplus property, to be disposed of as indicated below:

Year / Make / Model Dept. Serial#
2006 Lorain LRT275 Crane Harbor Maint. 7978
Section 2. Staff is authorized to dispose of the listed equipment in accordance with the foregoing provisions.

Section 3. All recitals above are true and correct and incorporated herein.

PASSED, APPROVED AND ADOPTED this November 19, 2024.

Ayes:

Noes:

Absent:

Abstain:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, City Clerk
65059.00000142923877.1

CITY OF AVALON CITY COUNCIL
L
MEETING DATE: November 19, 2024 AGENDA ITEM:

ORIGINATING DEP: Administration CITY MANAGER: ДМИ
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Southern California Association of Governments MOU Approval RECOMMENDED ACTION(S): Adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with the Southern California Association of Governments to provide Technical Assistance related to the Last Mile Project Assessment.

REPORT SUMMARY: On June 29, 2023, the California Public Utilities Commission (CPUC) approved SCAG's application for the Local Agency Technical Assistance (LATA) grant funding to conduct a Last Mile Project Assessment for the SCAG Region. The LATA grant will help SCAG assist local jurisdictions (one of them being the City of Avalon) to identify and analyze opportunity areas to develop conceptual engineering designs for last mile services for broadband improvement.

To fill in this gap, SCAG hired a consultant to determine and design three (3) shovel ready projects located within the SCAG region. This project will result in conceptual designs and high- level engineering to lay the foundation for projects that meet or exceed 100/100 or 100/20 Mbps for unserved and/or underserved communities.

Under this MOU, the City of Avalon will receive technical assistance work efforts that will include specifics regarding assessment and route determination reports, financing and implementation strategies, short-term and long-term actions needed to prepare the area for broadband implementation, and include conceptual design and specifications to create a project ready for the next stages of project development.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not receive grant funded technical assistance for broadband assessment.

FOLLOW UP ACTION: City Manager to execute SCAG MOU and assign staff to project.

FISCAL IMPACTS: It is estimated the City will receive over $330,000 in value of grant-funded technical assistance to complete Last Mile Project Assessment services. SCAG has contracted a consultant and will manage the program. No City budgeting action is needed at this time.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. Resolution
RESOLUTION NO. _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

AUTHORIZING THE CITY MANAGER TO EXECUTE A

MEMORANDUM OF UNDERSTANDING WITH THE

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS FOR

LAST MILE PROJECT ASSESSMENT TECHNICAL ASSISTANCE
WHEREAS, on August 16, 2022 the City Council of the City of Avalon declared by resolution that closing the digital divide is integral to developing a health, resilient, and economically competitive community; and
WHEREAS, on June 29, 2023 the California Public Utilities Commission approved the Southern California Association of Governments (SCAG) application on Local Agency Technical Assistance grant funding to conduct a Last Mile Project Assessment for the SCAG Region;
WHEREAS, the City of Avalon was identified as an underserved area of need related to Southern California Broadband deployment; and WHEREAS, SCAG has identified the City of Avalon as one of three project locations to benefit from the Local Agency Technical Assistance grant funding for Last Mile Project Assessment services to include assessment and route determination reports, financing and implementation strategies, short-term and long-term actions needed to prepare the area for broadband implementation, and conceptual design and specifications to create a project ready for the next stages of project development.

NOW, THEREFORE the City Council of the City of Avalon does determine, find and resolve as follows:

Section 1. The City Council hereby authorizes the City Manager of the City of Avalon to execute and sign a Memorandum of Understanding with the Southern California Association of Governments to receive grant funded technical assistance for the Last Mile Project Assessment and execute and sign any other related documents reasonably necessary or incidental to receipt of the grant funds.

Section 2. The City Council hereby authorizes the City Manager to assign City staff to assist SCAG with the Last Mile Project Assessment and represent the City of Avalon.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon this day of November, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Ann H. Marshall, Mayor
City of Avalon
ATTEST:

Gabrielle Morones, City Clerk
City of Avalon

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 19, 2024 AGENDA ITEM: 5
ORIGINATING DEP: Community Services CITY MANAGER: AMM
PREPARED BY: David Hart, Community Services Manager
SUBJECT: Per Capita Program Funding for Local Park Rehabilitation, Creation and Improvements
RECOMMENDED ACTION(S): 1. Approve the reallocation of Capital Grant Funding to Avalon Kids Park. 2. Approve the purchasing and build of Avalon Kids Park.

REPORT SUMMARY: The City of Avalon received an allocation of $177,952.00 from the Per Capita Program Funds, derived from Proposition 68, to enhance local park infrastructure.

On October 5, 2021, staff presented City Council with some ideas on how to spend the Per Capita Program Funds for improvements to the parks and/or facilities in Avalon. Nine ideas were presented with the following 4 projects unanimously agreed upon for the Per Capita Program Funding:
- Joe Machado Field Project
• This project included installation of concrete pad for bleachers in upper area at JMF along first base line side
• Anticipated grant funding - $40,800; however, only $32,021 in grant funding was used.
• Project completed in September 2024.
- Lover's Cove Project
Project propose to create a public seating area to include split rail fencing to semi-enclose the area as well as assorted picnic tables. • Anticipated grant funding - $12,000; however, outside funding was utilized and no grant funding was spent.
• Project completed in Spring 2021 utilizing outside funds. - Front Street Project
• Installation of 6 to 8 shade sails along Front Street. • Anticipated grant funding - $54,400.
• Project estimates exceed available funding.
- Kid's Park
Project included installation of supplemental equipment for the fit park area including an outdoor kick boxing bag as well as a bamboo climbing area adjacent to the restrooms.
• Anticipated grant funding $74,434.

Due to unforeseen economic factors such as inflation and escalating regulatory compliance costs, the initial budget for Front Street Shade Sail Project and the expansion of the fitness equipment at Kid's Park became insufficient to execute the project to the desired standard of quality.

To optimize the utilization of grant funds and deliver a park that exceeds community expectations, staff proposes reallocating the Per Capita Program Funds from the Lover's Cove Project ($10,640), Front Street Shade Sail Project ($54,400) and the unused funds from the Joe Machado Field Project ($8,779) to the Kid's Park Project. If approved, the funding for this project would increase to $148,253.00.

This reallocation will enable a comprehensive renovation. The proposed scope of work includes the installation of state-of-the-art play equipment, the enhancement of park surfacing, and the beautification of the park's landscape.

GOAL ALIGNMENT: Provide direction to staff for the use of the Per Capita Program Funds for the enhancement of park facilities.

FISCAL IMPACTS: Upon final approval and completion of the projects), the City of Avalon will be reimbursed in the amount of $177,952.00 for the Per Capita Program portion of the funding.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City of Avalon will be at risk of losing Per Capita Funding in the amount of $177,952.00 for enhancements to park facilities.

FOLLOW UP ACTION: Following the City Council's guidance, staff will procure the necessary equipment and initiate the installation process in the spring.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENT: Hard Copy of the park design and associated invoice.

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 19, 2024 AGENDA ITEM:

ORIGINATING DEP: Community Services CITY MANAGER:

PREPARED BY: David Hart, Community Services Manager
SUBJECT: Per Capita Program Funding for Local Park Rehabilitation, Creation and Improvements
RECOMMENDED ACTION(S): 1. Approve the reallocation of Capital Grant Funding to Avalon Kids Park. 2. Approve the purchasing and build of Avalon Kids Park.

REPORT SUMMARY: The City of Avalon received an allocation of $177,952.00 from the Per Capita Program Funds, derived from Proposition 68, to enhance local park infrastructure.

Project completed in September 2024.
- Lover's Cove Project
• Project propose to create a public seating area to include split rail fencing to semi-enclose the area as well as assorted picnic tables. • Anticipated grant funding - $12,000; however, outside funding was utilized and no grant funding was spent.
• Project completed in Spring 2021 utilizing outside funds. - Front Street Project
• Installation of 6 to 8 shade sails along Front Street. • Anticipated grant funding - $54,400.
• Project estimates exceed available funding.
- Kid's Park
• Project included installation of supplemental equipment for the fit park area including an outdoor kick boxing bag as well as a bamboo climbing area adjacent to the restrooms.
• Anticipated grant funding $74,434.

GOAL ALIGNMENT: Provide direction to staff for the use of the Per Capita Program Funds for the enhancement of park facilities.

FISCAL IMPACTS: Upon final approval and completion of the projects), the City of Avalon will be reimbursed in the amount of $177,952.00 for the Per Capita Program portion of the funding.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: City of Avalon will be at risk of losing Per Capita Funding in the amount of $177,952.00 for enhancements to park facilities.

FOLLOW UP ACTION: Following the City Council's guidance, staff will procure the necessary equipment and initiate the installation process in the spring.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENT: Hard Copy of the park design and associated invoice.

Proposal for
City of Avalon
Prepared by
БАГАТНІ
11-01-2024
Job # 112132-01
Kids Park Playground Option 7
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Kids Park Plaground GRANT Credit - Project 112132-01-Opt 6 Avalon, CA
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A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS 1(435) 245-5055 :438 2455057 [email protected] Kids Park Plaground GRANT Credit - Project 112132-01-Opt 6 Avalon, CA

2. 11
A STRONO FOUMDATION IN PLAY FOR OVER 50 YEARS. PJ (835) 248-1059 1 F:438 245-5057 [email protected] GHEA GameTime CIO Greal Western Recreation 1101/2024
GameTime PO. Bax 6B0121 Qunce d
Fort Parme. AL 35067 112132-01-07
Office. 435-245-5055 Гак 435-245-505;
ww..gapark.com
Kids Park Playground Option 7
Cry of Avaion Ship 1o Zin 90731
Altr. Dared Plart
410 Avalan Canyon Road
Avalon CA B0704
Uniled GRates
Phane. 310-510-0220 [l 231
Part N Descretion LetS Selfin s Erl. Selling S
2 6232 GameTime - Pod (1:0'l S349.00 $211 53 $423.06
3 12025 GameTime - 3 1/2" Upil Ass'Y Alum 10 $481.00 $281 53 3874.50 1 12028 GameTime • 3 12' Upet Ass'Y Num 11' $525.00 $318 20 8318.20 2 12027 GameTime • 3 12' Uprl Ass'Y Alum 12 $563.00 534305 36B6.10 1 18679 GameTime - Bangos $375.00 $227 29 3227.20
1 16768 GameTime - Fun Seat 38* $448.00 527153 $271.53
18008 GaineTime • Transfer Systern WBarrier (4') $4.572.00 82,771 09 52,731.00 18014 GameTime - Transler Plalform Wi Baner 14) $4.983.00 $3.020 20 $3,020.20 1 16257 GameTime • Scramble Up (38" 4 8's $2.868.00 81.73B 29 S1,738.20 1 18287 GameTime • River Rock Cimber 82.568.00 81.567 37 $1,567.37 18289 GameTime - Twa Piece Her Deck 33.860.00 $2 23045 $4,480.00 16427 GameTime 5igle Spral $6.201.00 $3.80891 53,606.61 GameTime • Oinpus Climber • TD thru 8'0 allac 33.961.00 82 40D 76 $2,400.78 GameTime - Double Zip elide 4't $3,725.00 82.25772 52,257.72 GameTime Splitter 9 $6.545.00 83.96892 $3,988.62
GameTime • & Straight Slide 34.408.00 32.67048 $2,870.46 GameTime - Trella CImber 3,4',4-8*,S S-6 31.127.00 S883.07 3683.07 GameTime - 3 Way X-Pod Slep 32.082.00 $1.261 90 $1,261.90 GameTime • Sacial Disce Allachment $2.859.00 3181182 31,611.62 1 GameTime - Single Sky Wheel $3.582.00 $2.158 93 52,158.60 GameTime Triangular Stroerd $101.39 $8145 $388.70
1 GameTime - 90 Dep 3 Way X Pod Slep $2,116.00 $1.282 51 $1,202.51 1 GameTime Witem Hole (Allachment) $14,462.00 $8.777 54 $9,777.54 26159 GameTime - 4:0 Cornectscape Climber 31.887.00 31.02249 $1,022.49 1 27078 GameTime - Trapezoid Greihtad Ladder 60 Deg PT $1.122.00 S880 04 3680.04 G12069 GameTime - 3 1:2 Upri AssY Gatr 14' $569.00 $355.17 52,131.02 5170 GameTime - Welcome Sign (5 12) $774.00 5469 12 3489.12 OMNIA
Paye 1 of 5 PARTNERS
GameTe CrO Greal Western Recreation 11:01.2024
GameTime PO. Bax 880121 Cunted
Fort Pame AL 35967 112132-0107
fice. 435 245-5055 Гак 435-245-5057
• PLAY CORE Key www.gapark.com
Kids Park Playground Option 7
Part d Desception
2224 PIP GT Inpux - Paued in Place Surfacing- $27.75 $27 75 $61.718.00

2.224 lolal si, B CFH
Quale includes a 3.25° cushion layer and a 0 5° wear layer Insludes a color mie of 50% Elack and 50% Standard Colar Includes (2i color mixes: see telow for breakdors.
1 112 st with a color mix of Blue
- 1 112 sl with a color max of Geen
Design includes mulliple wavy bande using the (2) colore listed above Prevaiing Wages
Contract OMNLA #2017001134 Sub Total 3113,624.35
Freight 85,581.B6
Tax 95,190.84
Tatal $:24,377.05
Comments
Your Sales Rep is Nate Younker. Please reach our to Nate at 858.944.0445 i you should have any questions regarding this quate.

Due to the volatilily of freight costs, the freight pricang is subject lo change at the time of order.

Precing is subpect to change. Request updaled pricing when purchasing from quoles more than 30 days did. * OPTIONAL-To include a Payment and Performance Bond, please add $1900.

Sheping to.
385 East Sword St
San Pedro, CA 90731
Sile Address
410 Avalan Cyn Rd
Avaion CA 60704
•Freight charges are based on lested zø code and are subject lo change if shipping informaton changes. •Depasil mar be required
Permitling not included, unless olherwise noled.

Customer is resporsible for offoading
Prevaling Wages for Surfacing Orly
Equipment inslatation not included
OMNIA # 4001533
OMNIA
Pale 2 of 5 PARTNERS

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 19, 2024 ADENDA ITEM:_ 6
ORIGINATING DEP: Administration CITY MANAGER: AniMl
PREPARED BY: David Maistros, City Manager
Devin Hart, Management Analyst
SUBJECT: Island Enterprises, Inc. Lease Transfers
RECOMMENDED ACTION(S): Authorize the City Manager to amend and transfer the lease agreements with Island Enterprises, Inc., for the city-owned property at 300-C Pebbly Beach Road, 302 C1 Pebbly Beach Road and No. 2 Pleasure Pier. Authorize the City Manager to use his discretionary authority to assess a Transfer Fee as established in the lease agreement.

REPORT SUMMARY: On November 13, 2024, City Staff received a request from Heather Milburn, President of Operations at Catalina Adventure Tours regarding transfer of Island Enterprise, Inc. lease agreements with the City of Avalon as well as a request for a lease amendment for the leased space at No. 2 Green Pleasure Pier.

Isiand Enterprises, Inc. currently leases three properties from the City of Avalon:
- 302 C Pebbly Beach Road - Island Enterprises, Inc. dba Avalon Shoreboats - 302 C1 Pebbly Beach Road - Island Enterprises, Inc. dba Catalina Adventure Tours No. 2 Pleasure Pier - Island Enterprises, Inc. dba Catalina Adventure Tours On August 8, 2024, the shares for Island Enterprises, Inc. transferred from Jeff Stickler to Ocean Explorer, Inc. The new share holder plans to maintain all of the current operations of the business, including the current lease agreements with the City of Avalon.

Per the current lease agreements:
- All three agreements identify an initial term from January 1, 2015 to December 31, - 302 C Pebbly Beach Road is comprised of 515 square feet of interior space. - 302 C1 Pebbly Beach Road is 98.75 square feet of interior space. - No. 2 Pleasure Pier is comprised of 156 square feet of interior space. - All three properties have permitted uses that include to operations, ticketing, and information services and limited t-shirt sales.
- Lease fee is calculated on square footage basis.

The new operator requested the lease at No. 2 Pleasure Pier be amended to allow for installation and use of an ATM. The ATM will not expand the leased space footprint, and will provide a resource to the public that may need cash for other businesses located on the Green Pleasure Pier.

The process to transfer the lease is outlined (Section 16 (e)):

Lessee may transfer this lease upon the sale or transfer of substantially all of the assets of the Lessee, provided the Lessee first obtains written consent, which shall not be unreasonably withheld and provided the Lessee pays the Lessor a lease transfer fee equal to (3%) of the sale price with a cap of $30,000 of Lessee's business ("Transfer fee"). The Transfer Fee shall not apply to a transfer of this Lease upon the transfer of a controlling interest in the Lessee's business to a member of the immediate family of such controlling person, or to a transfer of the controlling interest to an inter vivos trust in which such controlling person is the trustee of the trust. In the event Lessee's business has multiple locations and Lessee assigns, sublets, or transfers the Lease for one location without assigning or transferring the business as a whole, the Transfer Fee shall be a flat $5,000 or a lower amount at the discretion of the City Manager.

City Staff recommend the City Council authorize the City Manager to determine an appropriate Transfer Fee and transfer the leases for Island Enterprises Inc. The transferred leases for the properties at 302 C and 302 C1 Pebbly Beach Road will maintain all elements of the previous leases, including the initial lease term, set to expire on December 31, 2025. The lease for the property at No. 2 Pleasure Pier shall include all of the same previsions of the original lease, but be amended to allow for use of an ATM.

FISCAL IMPACTS: Undetermined.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None.

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.

ATTACHMENT:
- Island Enterprises Leases

ORIGINAL
LEASE AGREEMENT lof 2
This Lease Agreement ("Lease"), effective January 1, 2015 ("Effective Date"), is entered into between the CITY OF AVALON, a municipal corporation ("Lessor"), and Island Enterprises Inc., a California corporation dba Avalon Shoreboats ("Lessee"), (each individually a "Party" and collectively the "Parties").

RECITALS
Lessor is the owner of certain real property, including the improvements thereon, located in the City of Avalon referred to as the Cabrillo Mole, 302- C Pebbly Beach Road, and more accurately described in Exhibit 1 (the "Property"). a portion of the ropes as to lease to i enor detail in for lease on the to sane. conditions set forth herein.

This Lease is based on a standard lease form that is used by the Lessor for all leases entered into by the Lessor. To the extent that Lessee believes that certain of the standard provisions of this Lease were not intended to apply to the Property because of the specific nature, intended use, or location of the Property, Lessee should notify the City of Avalon Lease Department. This Recital C in no way relieves Lessee of any of its obligations under this Lease.

LEASE
NOW THEREFORE, the Parties agree as follows:

Property. • Lessor leases to Lessee, and Lessee leases from Lessor the Property, consisting of 515 square feet of interior space. Lessor and Lessee agree that if Lessor makes additional space available to Lessee and Lessee accepts such space, that space shall automatically be included in the Property and the terms of this Lease shall automatically apply thereto, unless otherwise agreed by the Parties.

2. Term.

Term. The term of this Lease shall be from January 1, 2015 to December 31, 2025 ("Initial Term"). Lessor shall have the option to renew this Lease for one five (5) year period provided Lessor gives Lessee written notice of intent to renew the Lease at least sixty (60) days prior to December 31, 2025, but no more than 180 days orior to December 31, 2025 and the Parties agree to the terms and conditions ("Renewal Term"). The Initial Term and Renewal Term are referred to collectively herein as the "Term."
(b) Termination. Lessee may terminate the Lease on sixty (60) days' written notice to the Lessor.

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Rent.
(a) Calculated on Square Footage or Peroentage of Total Sales Basis.

Lessee shall pay Lessor rent each month, the higher of either:
in the amount determined by multiplying the square footage of the Property by four dollars ($4.00) or;
ii. an amount equal to eight percent (8%) of all gross receipte st the Property, whichever is higher. Gross receipts shall mean the total amounts received rom all revenue sources during the relevant period, except admission taxes, sales taxes California redemption taxes, City of Avalon Use Taxes/fees, reasonable commission:
which are paid to third parties and-emounts received from activities upon which City Harbor and Use Fees and Admission Taxes are based. For purposes of calculating Gross Receipts. such commissions paid to third parties shall not exceed 20% of the price paid by the consumer/customer. Sir.

In the event that Lessor makes additional space available for Lessee's use, that space shall automatically be included in the Property, as defined in Paragraph 1 of this Lease, and the square footage of the Property used in calculating the monthly rent amount shall be increased accordingly. Rent shall be calculated year-round on the total square footage of the Property. There shall be no reductions in square footage for the purpose of calculating rent during the off-season.

The amount charged per-square-foot shall be automatically increased each year on July 1 in an amount equal to any increase in the most recent Consumer Price Index Los Angeles-Long Beach-Anaheim CPI-U released annually by the U.S. Bureau of Labor Statistics. In the event the Consumer Price Index decreases, no change in rent (b) Payment Procedures. Lessee shall remit its monthly rent by no later than the thirtieth day after the end of each month during the Term of this Lease to Lessor at the address stated herein. Each monthly payment shall be accompanied by an accounting of total sales for that month. Rent for any period shorter than one month shall be pro-rated on a daily basis. There shall be no off-season period where rent is reduced or not due; rent shall be due on the thirtieth day of each month regardless of whether the Property was open for business during the month. Lessee is responsible for making the payments required by this section and Lessor will not and is under no obligation to send monthly invoices to Lessee regarding any such payments. (c) Under-Payment Penalties. In addition to the late payment penalties described in Paragraph 19 of this Lease, if Lessor determines that Lessee has under- reported its income resulting in a rent payment of less than what it should have paid, the following penalties apply;
(i) If the under-reporting of total sales resulted in a rent payment of greater than 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus a penalty equal to 10% of the difference.

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65059.0000318506837.1
(ii) If the under-reporting of total sales resulted in a rent payment of less than or equal to 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus a penalty payment equal to the entirety of that month's rent, for each month the under-reporting occurred.
(d) Disclosure. At the time that Lessee is required to pay rent each month pursuant to this Section 3, Lessee must provide Lessor with detailed information regarding the total gross receipts for each month, regardless of whether Lessee is required to pay the square footage price pursuant to Section 3(a)(i).

Keer one Annual Reconciliation. Within 30 deys-ofter the eng of every calendar year during the Term, based on the information provided by Lessee and any independent audit of Lessor, Lessor shall determine: (1) the amount Lessee would have paid for the entire calendar year if Lessee paid the square tootage rent in Section 3(a)(i) each month; and (2) eight percent (8%) of the Lessee's total gross receipts as defined in Section 3(a)(ii), for the entire calendar yoar. Lessee is responsible for paying Lessor the higher of the two amounts (Higher Amount"). If Lessee's monthly rent payments paid to Lessor for the entire year are less than the Higher Amount, Lessee shall pay Lessor the difference between what was paid and the Higher Amount within thirty days of receipt of such thformation from Lessor. If Lessee's monthly rent payments paid to Lessor for the entire year equal more than the Higher Amount, Lessor shall reimburse Lessee the difference between what was paid and the Higher Amount within thirty days of making the determination in this Seclion 3(e). Si

4. Use.

Lessee shall occupy and use the Property only for operations, ticketing and information areas for tram, shoreboat, sightseeing, glassbottom boat, land and sea tours and excursion services; and a hotel and visitor information, reservation, and ticket service area, limited sales of t-shirts and similar items promoting Lessee's business and for no other purpose whatsoever. The Property shall be open for business at least nine (9) months each year for the Term of the Lease and Lessee may determine their own hours and days of operation.

Condition of Property. Lessee has examined the Property and agrees to take possession in an "as is" condition. Lessee acknowledges and agrees that Lessor has made no representations, guarantees or warranties regarding the Property, or its fitness for any particular purpose, or regarding any common areas or improvements thereon, nor has Lessor made representations, guarantees or warranties regarding whether the Property and common areas and improvements thereon comply with applicable laws, rules, regulations, orders, or any covenants or restrictions of record in effect at the Effective Date of this Lease. Lessee assumes all responsibility regarding the

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65059.0000318506837.1
California Occupational Safety Health Act, the legal use and adaptability of the Property and compliance with all applicable laws, rules, regulations, orders and covenants or record in effect during the Term of this Lease relating to the Property except as otherwise specifically stated in this Lease.

5. Hazardous Waste and Trash Disposal. Lessee shall not use, generate, store or dispose of any Hazardous Materials on the Property or permit the contamination of the Property by Hazardous Materials. For the purpose of this section, Hazardous Materials shall include, without limitation, substances defined as "hazardous substances," "hazardous materials," "toxic substances," hazardous wastes," "extremely hazardous wastes" or "restricted hazardous wastes" or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act. 33 U.S.C. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.

Notwithstanding any other provision of this Lease, Lessee agrees to comply promptly, and at Lessee's sole cost, with all applicable federal, state and local laws, rules regulations, permits and orders governing the use, management, storage, handling, cleanup, removal, disposal and shipping of Hazardous Materials. Lessee shall dispose of all trash and waste generated at the Property in a trash container at a location designated by Lessor.

6. Special Conditions. Mole Renovation. Lessor will use its best efforts to relocate Lessee's business during renovations of the Mole if such renovations render the Property unfit for the operation of Lessee's business. Lessor makes no guarantees regarding the size, location, fitness, or availability of any temporary alternative premises.

Upon completion of the Mole renovations, lessees affected by the renovations will have first right of refusal to reopen their businesses in renovated space on the mole. In the event Lessor is unable to locate suitable alternative temporary space for Lessee's business during the mole renovation, Lessee hereby releases Lessor from all liability related to the same, as further described in Paragraph 14 of this Lease.

Lessee's Repair and Maintenance Obligations. Lessee shall keep in good order, condition and repair, and shall replace, if necessary, the Property and every part thereof, structural and nonstructural occupied or used by Lessee, whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements, or the age of such portion of the Property. This includes, but is not limited to, glazing, plumbing, heating, air conditioning, ventilation, electrical and lighting fixtures and facilities, all equipment within the Property, fixtures, walls (interior and exterior), ceilings, roofing, floors, windows, doors, plate glass, skylights, landscape, tree-trimming, and all fences and signs located on the Property.
(a) To the extent that any such repairs, maintenance, or painting obligations imposed by this Section 7 involve, in the determination of the Lessor, the leased property of another tenants) of Lessor who leases space in the same building, such as a common roof, Lessee's obligations under this Section 7 will be divided

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65059.0000318506837.1
proportionately between Lessee and the other tenants of Lessor, if any, based on the number of square feet leased by each.

Surrender. On the last day of the Term of this Lease, or on the date this Lease is earlier terminated, Lessee shall surrender the Property to Lessor in the same condition as when received, ordinary wear and tear and damage by casualty excepted, clean and free of debris. Lessee shall remove all trade fixtures, furnishings and equipment owned by Lessee and shall repair any damage to the Property occasioned by the installation or removal of Lessee's trade fixtures, furnishings and equipment.

Lessor's Right to Undertake Lessee's Obligations. If Lessee fails to written notice to Lessee (except in the case of an emergency, as determined by Lessor, in its sole discretion, in which case no notice shall be required), and perform such obligations on Lessee's behalf. Any costs incurred by Lessor pursuant to this Paragraph, including interest thereon, shall become due and payable to Lessor together with Lessee's next rent installment.

10. Damage to Property. In the event that repairs are necessary to alleviate structural hazards because the Property is damaged by circumstances not caused by the negligence or willful misconduct of Lessee, its employees, contractors, agents, invitees or guests, Lessee shall inform Lessor in writing of such necessity. Lessor shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs. In the event Lessor elects to terminate this Lease, no rent shall accrue or be payable to the Lessor after the date Lessor terminates the Lease. If repairs which are made by Lessor prevent the Lessee from occupying a portion of the Property, but Lessee is able to operate on the Property during such repairs, Lessee shall be entitled to a proportionate reduction in the monthly rent, based on the ratio the floor area which Lessee is unable to occupy, from the date such repairs are commenced until the date the entire Property is available for Lessee's occupancy. If the damage prevents Lessee from operating on the Property, then no rent shall be due from the date of damage, as determined by Lessor in its sole discretion, until completion of repairs. Lessee expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Property in good order, condition and repair.

Alterations and Additions. Lessee shall not make any alterations, improvements, additions, Utility Installations exceeding $5,000 (Five Thousand Dollars) in value, hang or paint any signs visible from the exterior of the Property, or make any change to the exterior of the Property, without Lessor's prior written consent. The term "Utility Installation" shall mean installation of carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and structural changes. If Lessor authorizes any alterations, improvements, additions, or Utility Installations, all such improvements shall be Lessee's sole responsibility and shall be installed and removed at Lessee's sole cost and expense.

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65059.00003 8506837.1
equal to one and one-half times the estimated cost of such improvements. Should Lessee make any alternations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee immediately remove any or all of the

12. Release of Claim For Relocation Benefits. Lessee hereby acknowledges and agrees that Lessee has no claim or right to relocation benefits or compensation of any kind or nature upon termination of this Lease for any reason, even if such termination was made by the unilateral election of Lessor in its sole discretion. Lessee expressly waives any and all claims or rights to receive relocation benefits or compensation of any kind or nature. Lessee acknowledges that Lessor would not enter into this Lease but for this acknowledgment and waiver by Lessee. During any period of repair or reconstruction by Lessor during the Term of this Lease that requires Lessee to vacate the Property, Lessor shall be under no obligation to provide alternative space to Lessee, but Lessee shall be relieved of the obligation to pay rent during such time that Lessee is unable to utilize the Property. Lessee shall vacate the Property within sixty (60) days' written notice to vacate for such purpose and shall be solely responsible for all costs of vacating from and relocating to reconstructed or newly constructed space, if any is available.

13. Insurance. The Lessee shall provide the Lessor with a copy of insurance upon execution of the Lease and upon renewal of insurance as follows:
(a) Workers Compensation Insurance. The Lessee is required to provide evidence of workers' compensation coverage as follows:
i. Workers' Compensation insurance with statutory limits as required by the Labor Code of the State of California.
її. Employers Liability with limits of 1,000,000 per Accident; 1,000,000 Disease per employee; 1,000,000 Disease per
policy.
ili. The policy must include a written waiver of the insurer's right to subrogate against the City of Avalon.
(b) Liability Insurance. For the Term of the Lease, Lessee shall maintain and keep in full force Commercial General Liability Insurance no less broad than ISO form CG 00 01 against any liability arising out of the ownership, use occupancy, or maintenance of the Property, and operation of Lessee's business at the Property and all appurtenant thereto when used by Lessee. Such insurance be no less than the following:
i. Minimum Limits: 1,000,000 per Occurrence; 2,000,000
General Aggregate; the General Aggregate shall apply
separately to each location.
il. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000. ili. The City of Avalon must be an additional insured for liability arising out the ownership, maintenance or use of that part of

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65059.00003 8506837.1
the premises leased to the Tenant/Lessee/Concessionaire (ISO form CG 20 11 or equivalent).
iv. The insurance provided to the City of Avalon as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by the City of Avalon.

V.
each insured separately.
(c) Property Insurance.
i. Prior to Lessee's entry upon the Property and for the Term of the Lease, Lessee shall obtain and keep in full force and effec a policy of insurance covering loss or damage to the Property. in the amount of the full replacement value thereof, against all perils included within the classification of fire, extendec coverage, vandalism, malicious mischief, commonly known as "broadform coverage." Lessee shall provide Lessor a copy of this insurance policy upon execution of this Lease.

Lessee shall also insure its fixtures, equipment and tenant improvements on the Property at its sole cost and expense. ili. The limits of said insurance shall not, however, limit the liability of Lessee hereunder.
iv. Lessee must name the City as Loss Payee on its property policy.
(d) Restrictions; Endorsements.
i. Lessee shall not do or permit to be done anything which shall invalidate the insurance policies during the Term of this Lease.

All policies of insurance shall be endorsed to: (1) name Lessor (and at Lessor's option, any additional parties designated by Lessor) as an additional insured; (2) provide that such insurance is primary to any policy of Lessor, which shall not be called upon to contribute in any way; and (3) provide that the policy shall not be cancelled, terminated or modified without first providing thirty (30) days' prior written notice to Lessor. il. All insurance policies must be issued by an insurer with an A.M. Best rating of at least A:VII. Lessee shall provide immediate written notice if (1) any of the required insurance reduced; or (3) the deductible or self-insured
retention is increased.

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14. Indemnification and Release.

Indemnification. Lessee shall indemnify, defend and hold harmless Lessor from and against any and all claims, losses, damages or liabilities of any kind or nature, including claims for damage to property or persons, including wrongful death ('Claim"), arising from or in connection with any act or omission of Lessee, including Lessee's active and passive negligence or Lessee's use of the Property or Property under this Lease, including, without limitation, any activity, work or things done, permitted or suffered by Lessee in or about the Property or elsewhere on the Property and any breach or default by Lessee of this Lease. If any action or proceeding is brought against Lessor by reason of any such Claim, Lessee's obligation to defend the same shall be done with counsel approved in advance by Lessor.

Release. Lessee hereby agrees that Lessor shall not be liable for, and hereby waives and releases Lessor from, any injury to Lessee's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, agents, invitees, guests, or any other person on the Property, nor shall Lessor be liable for injury to the person of Lessee, Lessee's employees, agents, contractors, guests or invitees caused by any reason whatsoever, including without limitation, by fire, steam, electricity, gas, water, rain, the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures on the Property or Property, or from any other cause or condition arising upon the Property or upon other portions of the Property which the Property are a part, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee except to the extent such injury or loss is caused by Lessor's sole gross negligence or willful misconduct. Lessor shall not be liable for any damages arising from any act or neglect of any other lessees or possessors, if any, of the Property.

15. Utilities. Lessee shall arrange and timely pay for all gas, heat, light, disposal, power, and any other utilities and services needed or supplied to the Property, together with any taxes thereon.

16. Assignment and Subletting.
(a) Except as otherwise provided below, Lessee shall not convey, assign, transfer, mortgage, pledge, sublet or encumber any interest in the Property during the Term of this Lease, nor allow any other person (the employees, agents, servants and invitees of Lessee excepted) to occupy or use the Property, or any portion thereof, without Lessor's prior written consent, which may be refused in Lessor's sole discretion. (b) Any attempted conveyance, assignment, transfer, mortgage, pledge, sublet, or encumbrance shall be void where such consent has not been obtained, and the original Lessee shall remain responsible for any unpaid rents, fines, fees, or other liabilities arising from or related to the Property.

Any subletting approved by Lessor shall not relieve Lessee of any of its obligations or liabilities under this Lease, and both Lessee and any subsequent lessors) will be deemed to be bound by this Lease.

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Any dissolution, merger, consolidation, or other reorganization of Lessee or sale which results in a change of controlling persons shall be deemed an assignment of this Lease. Any such assignment or subletting without advance written consent of Lessor shall be void, and shall, at the option of the Lessor, constitute a default under the terms of this Lease.
(e) Lessee may transfer this Lease upon the sale or other transter of substantially all of the assets of Lessee, provided Lessee first obtains Lessor's written consent, which shall not be unreasonably withheld and provided Lessee pays to Lessor a lease transfer fee equal to three percent (3%) of the sale price with a cap of $30,000 of Lessee's business ("Transfer Fee"). The Transfer Fee shall not apply to a transfer of this Lease upon the transfer of a controlling interest in Lessee's business to a member of the immediate family of such controlling person, or to a transfer of the controlling interest to an inter vivos trust in which such controlling person is the trustee of the trust. In the event Lessee's business has multiple locations and Lessee assigns, sublets, or transfers the Lease for one location without assigning or transferring the business as a whole, the Transfer Fee shall be a flat $5,000 or a lower amount at the discretion of the City Manager.

17. Defaults and Remedies.

Defaults. In addition to those items already designated to be a breach or default of this Lease elsewhere in the Lease, the occurrence of any of the following events shall be a material breach of this Lease and shall constitute an event of default:

Abandonment, vacation, or surrender of the Property by
Lessee without Lessor's prior written consent (failure to occupy and/or operate the Property for ten (10) consecutive days shall be deemed an abandonment and vacation, unless at least ten (10) days before failing to occupy or operate the Property Lessee gives Lessor written notice that Lessee intends to continue using the Property and will continue maintaining the Property while it is vacant, or the dispossession of Lessee from the Property (other than by Lessor by process of law or otherwise). il. The failure by Lessee to make any payment of rent or any reimbursement or payment required to be made by Lessee, including applicable Harbor Use Fees, Admission Taxes, or other fees and taxes to the City Associated with the operation of the business or use of the leased facilities hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Lessor to Lessee.

The failure by Lessee to observe or perform any of the
covenants, conditions or provisions of this Lease to be observed or performed by Lessee, if the failure has continued for a period of ten (10) days after Lessor demands in writing that Lessee cure the failure, provided however, that if the nature of Lessee's default is such that more than ten (10) days are reasonably required for its cure, in Lessor's sole discretion, Lessee shall not be deemed to be in default if Lessee commenced such cure within said 10-day period and thereafter diligently prosecutes such cure to completion to the satisfaction of Lessor.

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The making by Lessee of any general arrangement or
assignment for the benefit of any creditor, Lessee becoming a "debtor" as defined in 11 U.S.C. 101; the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Property or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Property or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days.
(b) Remedies. In the event of any such material breach or default by Lessee, Lessor may at any time thereafter, with or without notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach, do any of the following:

Terminate the Lease on sixty (60) days' written notice to Lessee, in which case Lessee shall immediately surrender possession of the Property to Lessor on the termination date specified by Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Property, including all attorneys' fees and court costs incurred, if any; expenses of reletting, including necessary renovation and alteration of the Property, reasonable attorneys' fees, and any real estate commission actually paid in connection with such reletting; the value of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessor proves could not reasonably be avoided; and that portion of the leasing commission, if any, paid by Lessor for the unexpired Term of this Lease.

Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have abandoned or vacated the Property. In such event, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.
ili. Pursue any other remedy available to Lessor at law or in equity.

18. Possessory Interest Tax. Lessee hereby recognizes that this Lease may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest.

19. Late Charges. Lessee acknowledges that late payment of rent or any sums due under this Lease will cause Lessor to incur costs not contemplated herein, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any sum due from Lessee is not received by the day it is due, then without requirement for notice to Lessee, Lessee shall pay a late charge of ten percent (10%) per month, plus interest at the rate of ½ of 1% (.005%) per month or portion thereof, from the date the rent becomes due. The Parties agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment. Acceptance of such late charge shall in no event constitute a waiver of Lessee's default, nor prevent Lessor from exercising any of

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the other rights and remedies granted in this Lease. In the event that a late charge is payable for three (3) consecutive installments of rent, then the minimum monthly rent shall automatically become due and payable quarterly in advance, rather than monthly.

The quarterly advance payments of rent will continue until the Lessor notifies Lessee in writing.

Severability. If any portion of this Lease is ruled by a court of competent jurisdiction to be invalid, the remaining portions shall remain in full force and effect.

Entire Agreement; Amendments. This Lease contains all agreements of the Parties with respect to the Property. No prior agreement or understanding pertaining to any such matter shall be effective, whether oral or in writing. This Lease may only be modified in writing, signed by the Parties.

22. Notices. Any notice required or permitted to be given under this Lease shall be in writing and given by personal delivery or by first class mail to the address and person below. Either Party may, by notice to the other, specify a different address for notice purposes. Notice given by personal delivery shall be deemed received upon personal delivery. Notice given by mail shall be deemed received three (3) days after deposit in the U.S. Mail.

Lessor: City of Avalon
P.O. Box 707
Avalon, California 90704
Tele: (310) 510-0220
Fax: (310) 510-2478
Attention: Administration - Leases
Lessee: Island Enterprises, Inc.
dba Avalon Shoreboats
PO Box 797
Avalon, CA 90704
P.O. Box 92766
Long Beach, CA 90809
Tele: 562-432-8828
[Fax] 562-435-9464
Attention: Jeff Stickler
Waivers. The waiver or failure to enforce any provision of this Lease by Lessor shall not be deemed to be a waiver of any future breach of that same provision or of any other provision of this Lease. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to or approval of any subsequent act by Lessee. The acceptance of rent by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any provision of this Lease, other than the ailure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowleda f such precedina breach at the time of acceptance of such ren

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Holding Over. Lessee has no right to retain possession of the Property or any part thereof beyond the expiration or termination of this Lease. If Lessee, with 22222 Lessor's consent, remains in possession of the Property or any part of the Property after the expiration or termination of the Term of this Lease, such occupancy shall be a tenancy Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies available at law or in equity.

26. Binding Effect; Choice of Law. This Lease shall be binding upon and inure to the benefit of the Parties, their personal representatives, heirs, successors and assigns. This Lease shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Los Angeles County.

27. Attorneys' Fees and Costs. If either Party brings an action to enforce the Terms of this Lease or declare the rights of the Parties under this Lease, the prevailing Party shall be entitled to recover all costs and expenses incurred in such action, including reasonable attorneys' fees as fixed by the court or arbitrators.

28. Right to Enter Property. Lessor and Lessor's agents shall have the right to enter the Property, at reasonable times for the purpose of inspecting the same, showing the same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, improvements or additions to the Property or Property as Lessor may deem necessary or desirable. Lessor may, at any time, place on or about the Property any "For Sale" signs and Lessor may, at any time, during the last 120 days of the Term of this Lease place on or about the Property any "For Lease" signs.

29. Records; Audit. Lessee shall keep records, reports and books of account substantially in accordance with general accepted accounting principles to reflect accurately the gross receipts, expenditures and net income of Lessee concerned with and related to its operations and activities under this Lease. Lessor shall have the right to inspect and audit Lessee's financial accounts, books and records to ensure Lessee's compliance with this Lease, at any time during the Term of this Lease. Lessor will provide a minimum written notice of the request to audit forty-eight (48) hours in advance of the

Quiet Possession. Upon Lessee's payment of the rent for the Property and observing and performing all of the covenants, conditions and provisions to be observed

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and performed under this Lease, Lessee shall be entitled to have quiet possession of the Property for the Term of this Lease subject to all of the provisions of this Lease.

Compliance with Lessor's Rules for Use of Property. Lessee agrees that it will abide by, keep and observe all reasonable rules and regulations which Lessor may make from time to time for the management of the Property, including, without limitation, the delivery of supplies, the parking of vehicles and the preservation of the good order.

The violations of any such rules and regulations shall be deemed a material breach of this Lease.

Third-Party Beneficiaries. There are no intended or incidental third-party beneficiaries of this Agreement.

Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument and a fully executed Lease.

Compliance with California Civil Code Section 1938. Pursuant to and in compliance with California Civil Code section 1938, Lessee is notified that the Property has not undergone inspection by a Certified Access Specialist.

36. Authority to Execute. The individuals executing this Lease on behalf of ach Party represent and warrant that they are fully authorized and legally capable o [Signatures to Lease Agreement on Next Page]

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Signature Page to Lease Agreement
The Parties hereto have executed this lease on the date stated below:

Dated: Jam 30, 2019 Lesse
By. W. Stickki
Its:

By Had orators
Dated: 02/05/2019 City of Avalon
Lenis, Gloo
Denise A. Radde, City Manager
Attest:

Alilla Mananas
Gabrielle Morones,
Deputy City Clerk

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EXHIBIT 1
to
Lease Agreement

LEGAL DESCRIPTION OF PROPERTY

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302 PEBBLY BEACH ROAD Updated 3/9/13
Leases
A. Avalon Blue Line Bagcage & Delivery
A1. Avalon Blue Line Lockers G
A3. Avalon Blue Line Parking
B. Catallna ATMA
C. Island Enterprises Inc.

C1. Island Enterprises inc.

D. SO Resort Services, inc.

E. Avalon Harbor Dept.

E1. Avalon Harbor Dept.

F. Ell's island Dell
G. Restrooms
H. Alishinados

1. Cotalina Vending

1. SCE Control Room
K. Greg Wenger
= door
- yinday/
Drawingsnottascale
InseLOnwings
3 A
Al

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ORIGINAI
LEASE AGREEMENT 10f2
This Lease Agreement ("Lease"), effective January 1, 2015 ("Effective Date"), is entered into between the CITY OF AVALON, a municipal corporation ("Lessor"), and Island Enterprises Inc., a California corporation doa Catalina Adventure Tours (Lessee"), (each individually a "Party" and collectively the "Parties").

RECITALS
A. Lessor is the owner of certain real property, including the improvements thereon, located in the City of Avalon referred to as the Cabrillo Mole, 302- C1 Pebbly Beach Road, and more accurately described in Exhibit 1 (the "Property").

Lessee desires to lease from Lessor, and Lessor desires to lease to Lessee, a portion of the Property as described in more detail in the Lease on the terms and conditions set forth herein.

LEASE
NOW THEREFORE, the Parties agree as follows:

1. Property. Lessor leases to Lessee, and Lessee leases from Lessor the Property, consisting of 98.75 square feet of interior space. Lessor and Lessee agree that if Lessor makes additional space available to Lessee and Lessee accepts such space, that space shall automatically be included in the Property and the terms of this Lease shall automatically apply thereto, unless otherwise agreed by the Parties.

Term.
(a) Term. The term of this Lease shall be from January 1, 2015 to December 31, 2025 ("Initial Term"). Lessor shall have the option to renew this Lease for one five (5) year period provided Lessor gives Lessee written notice of intent to renew the Lease at least sixty (60) days prior to December 31, 2025, but no more than 180 days prior to December 31, 2025 and the Parties agree to the terms and conditions ("Renewal Term"). The Initial Term and Renewal Term are referred to collectively herein as the "Term."
(b) Termination. Lessee may terminate the Lease on sixty (60) days' written notice to the Lessor.

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3. Rent.
(a) Calculated on Square Footage or Percentago of Totel Sales-Basis.

Lessee shall pay Lessor rent each month, the higher of either:
i. in the amount determined by multiplying the square footage of the Property by four dollars ($4.00) or;
il. an amount equal to eight percent (8%) of all grees reecipts at the Property, whichever is higher. Gross receipts shall mean the total amounts feceived from all revenue sources during the relevant period, except admissier taxes, sales taxes, California redemption taxes, City of Avalon Use Texes/lees, reasonable commissions which are paid to third parties and amounts received from activities upon which City Harbor and Use Fees and Admission Taxes are based. For purposes of calculating Gross Receipts, auch commissions paid to third parties shall not exceed 20% of the price paid doy the concumorterstomor. Jws
In the event that Lessor makes additional space available for Lessee's use, that space shall automatically be included in the Property, as defined in Paragraph 1 of this Lease, and the square footage of the Property used in calculating the monthly rent amount shall be increased accordingly. Rent shall be calculated year-round on the total square footage of the Property. There shall be no reductions in square footage for the purpose of calculating rent during the off-season.

Under-Payment Penalties. In addition to the late payment penalties described in Paragraph 19 of this Lease, if Lessor determines that Lessee has under- reported its income resulting in a rent payment of less than what it should have paid, the following penalties apply;
(i) If the under-reporting of total sales resulted in a rent payment of greater than 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus a penalty equal to 10% of the difference.

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(ii) If the under-reporting of total sales resulted in a rent payment of less than or equal to 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus a penalty payment equal to the entirety of that month's rent, for each month the under-reporting occurred.
(d) Disclosure. At the time that Lessee is required to pay rent each month pursuant to this Section 3, Lessee must provide Lessor with detailed information regarding the total gross receipts for each month, regardless of whether Lessee is required to pay the square footage price pursuant to Section 3(a)(i). (e) Year-and Annual Reconciliation Within 30 days after the and of every calendar year during the Term, based on the information provided by Lessee and any independent audit of Lessor, Lessor shall determine: (1) the amquat Lessee would have paid for the entire calendar year if Lessee paid the square footage rent in Section 3(a)(i) each month; and (2) eight percent (8%) of the Lessee's total gross receipts as defined in Section 3(a)(ii), for the entire calendar year. Lessee is responsible for paying Lessor the higher of the two amounts (Higher Amount"). If Lessee's monthly rent payments paid to Lessor for the entire year are less than the Higher Amount, Lessee shall pay Lessor the difference between what was paid and the Higher Amount within thirty days of receipt of suet information from Lessor. If Lessee's monthly rent payments paid to Lessor for the entire year equal more than the Higher Amount, Lessor shall reimburse Lessee the difference between what was paid and the Higher Amount within thirty days of making the determination in this Section 3(07. SWS

4. Use.
(a) Use. Lessee shall occupy and use the Property only for operations, ticketing and information areas for tram, shoreboat, sightseeing, glassbottom boat, land and sea tours and excursion services; and a hotel and visitor information, reservation, and ticket service area, limited sales of t-shirts and similar items promoting Lessee's business and for no other purpose whatsoever. The Property shall be open for business at least nine (9) months each year for the Term of the Lease and Lessee may determine their own hours and days of operation.
(b) Compliance with Law. Lessee shall, at all times and at Lessee's expense, comply with all applicable federal, state and local laws, rules, regulations, and orders, and all covenants and restrictions of record regulating the Property and Lessee's use of the Property. Lessee shall not use nor permit the use of the Property in any manner that will violate the same or disturb other property owners or tenants in the areas surrounding the Property or Property.

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Hazardous Waste and Trash Disposal. Lessee shall not use, generate, store or dispose of any Hazardous Materials on the Property or permit the contamination of the Property by Hazardous Materials. For the purpose of this section, Hazardous Materials shall include, without limitation, substances defined as "hazardous substances," "hazardous materials," "toxic substances," hazardous wastes," "extremely hazardous wastes" or "restricted hazardous wastes" or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.

Special Conditions. Mole Renovation. Lessor will use its best efforts to relocate Lessee's business during renovations of the Mole if such renovations render the Property unfit for the operation of Lessee's business. Lessor makes no guarantees regarding the size, location, fitness, or availability of any temporary alternative premises.

Lessee's Repair and Maintenance Obligations. Lessee shall keep in good order, condition and repair, and shall replace, if necessary, the Property and every part thereof, structural and nonstructural occupied or used by Lessee, whether or not the need equipment within the Property, fixtures, walls (interior and exterior), ceilings, floors, windows, doors, plate glass, skylights, landscape, tree-trimming, and all fences and signs located on the Property.
(a) To the extent that any such repairs, maintenance, or painting obligations imposed by this Section 7 involve, in the determination of the Lessor, the leased property of another tenants) of Lessor who leases space in the same building, such as a common roof, Lessee's obligations under this Section 7 will be divided

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proportionately between Lessee and the other tenants of Lessor, if any, based on the number of square feet leased by each.

11. Alterations and Additions. Lessee shall not make any alterations, improvements, additions, Utility Installations exceeding $5,000 (Five Thousand Dollars) in value, hang or paint any signs visible from the exterior of the Property, or make any change to the exterior of the Property, without Lessor's prior written consent. The term "Utility Installation" shall mean installation of carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and structural changes. If Lessor authorizes any alterations, improvements, additions, or Utility Installations, all such improvements shall be Lessee's sole responsibility and shall be installed and removed at Lessee's sole cost and expense.

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equal to one and one-half times the estimated cost of such improvements. Should Lessee make any alternations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee immediately remove any or all of the same.

Release of Claim For Relocation Benefits. Lessee hereby acknowledges and agrees that Lessee has no claim or right to relocation benefits or compensation of any kind or nature upon termination of this Lease for any reason, even if such termination was made by the unilateral election of Lessor in its sole discretion. Lessee expressly waives any and all claims or rights to receive relocation benefits or compensation of any kind or nature. Lessee acknowledges that Lessor would not enter into this Lease but for this acknowledgment and waiver by Lessee. During any period of repair or reconstruction by Lessor during the Term of this Lease that requires Lessee to vacate the Property, Lessor shall be under no obligation to provide alternative space to Lessee, but Lessee shall be relieved of the obligation to pay rent during such time that Lessee is unable to utilize the Property. Lessee shall vacate the Property within sixty (60) days' written notice to vacate for such purpose and shall be solely responsible for all costs of vacating from and relocating to reconstructed or newly constructed space, if any is available.

Insurance. The Lessee shall provide the Lessor with a copy of insurance upon execution of the Lease and upon renewal of insurance as follows:
(a) Workers Compensation Insurance. The Lessee is required to provide evidence of workers' compensation coverage as follows:
i. squired by the Labor on de o the a tet atony limits as il. Employers Liability with limits of 1,000,000 per Accident; 1,000,000 Disease per employee; 1,000,000 Disease per
policy.
ili. The policy must include a written waiver of the insurer's right to subrogate against the City of Avalon.

Liability insurance.

So form Cd 00 01 agains any lamily arsing out orably insurance, uses brad than apputenant torte phen used by Lose of insurance sies as than a a an ali i. Minimum Limits: 1,000,000 per Occurrence; 2,000,000
General Aggregate; the General Aggregate shall apply
separately to each location.
li. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000. ili. The City of Avalon must be an additional insured for liability arising out the ownership, maintenance or use of that part of

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the premises leased to the Tenant/Lessee/Concessionaire (ISO form CG 20 11 or equivalent).
iv. The insurance provided to the City of Avalon as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by the City of Avalon.
v. The policy must cover inter-insured suits and include a "separation of Insureds" or "severability" clause which treats each insured separately.
(c) Property Insurance.
i. Prior to Lessee's entry upon the Property and for the Term of the Lease, Lessee shall obtain and keep in full force and effect a policy of insurance covering loss or damage to the Property in the amount of the full replacement value thereof, against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, commonly known as "broadform coverage." Lessee shall provide Lessor a copy of this insurance policy upon execution of this Lease.

All policies of insurance shall be endorsed to: (1) name Lessor (and at Lessor's option, any additional parties designated by Lessor) as an additional insured; (2) provide that such insurance is primary to any policy of Lessor, which shall not be called upon to contribute in any way; and (3) provide that the policy shall not be cancelled, terminated or modified without first providing thirty (30) days' prior written notice to Lessor. il. All insurance policies must be issued by an insurer with an A.M. Best rating of at least A:VII. Lessee shall provide immediate written notice if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policles are reduced; or (3) the deductible or self-insured retention is increased.

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14. Indemnification and Release.
(a) Indemnification. Lessee shall indemnify, defend and hold harmless Lessor from and against any and all claims, losses, damages or liabilities of any kind or nature, including claims for damage to property or persons, including wrongful death ("Claim"), arising from or in connection with any act or omission of Lessee, including Lessee's active and passive negligence or Lessee's use of the Property or Property under this Lease, including, without limitation, any activity, work or things done, permitted or suffered by Lessee in or about the Property or elsewhere on the Property and any breach or default by Lessee of this Lease. If any action or proceeding is brought against Lessor by reason of any such Claim, Lessee's obligation to defend the same shall be done with counsel approved in advance by Lessor.
(b) Release. Lessee hereby agrees that Lessor shall not be liable for, and hereby waives and releases Lessor from, any injury to Lessee's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, agents, invitees, guests, or any other person on the Property, nor shall Lessor be liable for injury to the person of Lessee, Lessee's employees, agents, contractors, guests or invitees caused by any reason whatsoever, including without limitation, by fire, steam, electricity, gas, water, rain, the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures on the Property or Property, or from any other cause or condition arising upon the Property or upon other portions of the Property which the Property are a part, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee except to the extent such injury or loss is caused by Lessor's sole gross negligence or willful misconduct. Lessor shall not be liable for any damages arising from any act or neglect of any other lessees or possessors, if any, of the Property.

15. Utilities. Lessee shall arrange and timely pay for all gas, heat, light, disposal, power, and any other utilities and services needed or supplied to the Property, together with any taxes thereon.

16. Assignment and Subletting.

Except as otherwise provided below, Lessee shall not convey, assign, transfer, mortgage, pledge, sublet or encumber any interest in the Property during the Term of this Lease, nor allow any other person (the employees, agents, servants and invitees of Lessee excepted) to occupy or use the Property, or any portion thereof, without Lessor's prior written consent, which may be refused in Lessor's sole discretion. (b) Any attempted conveyance, assignment, transfer, mortgage, pledge, sublet, or encumbrance shall be void where such consent has not been obtained, and the original Lessee shall remain responsible for any unpaid rents, fines, fees, or other liabilities arising from or related to the Property.

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Lessee may transfer this Lease upon the sale or other transfer of substantially all of the assets of Lessee, provided Lessee first obtains Lessor's written consent, which shall not be unreasonably withheld and provided Lessee pays to Lessor a lease transfer fee equal to three percent (3%) of the sale price with a cap of $30,000 of Lessee's business ("Transfer Fee"). The Transfer Fee shall not apply to a transfer of this Lease upon the transfer of a controlling interest in Lessee's business to a member of the immediate family of such controlling person, or to a transfer of the controlling interest to an inter vivos trust in which such controlling person is the trustee of the trust. In the event Lessee's business has multiple locations and Lessee assigns, sublets, or transfers the Lease for one location without assigning or transferring the business as a whole, the Transfer Fee shall be a flat $5,000 or a lower amount at the discretion of the City Manager.

17. Defaults and Remedies.

In addition to those items already designated to be a
breach or default of this Lease elsewhere in the Lease, the occurrence of any of the following events shall be a material breach of this Lease and shall constitute an event of Abandonment, vacation, or surrender of the Property by
without Lessor's prior written consent (failure to occupy and/or operate the Property for ten (10) consecutive days shall be deemed an abandonment and vacation, unless at least ten (10) days before failing to occupy or operate the Property Lessee gives Lessor written notice that Lessee intends to continue using the Property and will continue maintaining the Property while it is vacant, or the dispossession of Lessee from the Property (other than by Lessor by process of law or otherwise).

The failure by Lessee to make any payment of rent or any reimbursement or payment required to be made by Lessee, including applicable Harbor Use Fees, Admission Taxes, or other fees and taxes to the City Associated with the operation of the business or use of the leased facilities hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Lessor to Lessee.
ili. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee, if the failure has continued for a period of ten (10) days after Lessor demands in writing that Lessee cure the failure, provided however, that if the nature of Lessee's default is such that more than ten (10) days are reasonably required for its cure, in Lessor's sole discretion, Lessee shall not be deemed to be in default if Lessee commenced such cure within said 10-day period and thereafter diligently prosecutes such cure to completion to the satisfaction of Lessor.

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The making by Lessee of any general arrangement or
assignment for the benefit of any creditor, Lessee becoming a "debtor" as defined in 11 U.S.C. 101; the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at. the Property or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Property or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days.
(b) Remedies. In the event of any such material breach or default by Lessee, Lessor may at any time thereafter, with or without notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach, do any of the following:
i. Terminate the Lease on sixty (60) days' written notice to Lessee, in which case Lessee shall immediately surrender possession of the Property to Lessor on the termination date specified by Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Property, including all attorneys' fees and court costs incurred, if any; expenses of reletting, including exceeds the amount of such rental loss for the same period that Lessor proves could not reasonably be avoided; and that portion of the leasing commission, if any, paid by Lessor for the unexpired Term of this Lease.
ii. Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have abandoned or vacated the Property. In such event, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.
ili. Pursue any other remedy available to Lessor at law or in equity.

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the other rights and remedies granted in this Lease. In the event that a late charge is payable for three (3) consecutive installments of rent, then the minimum monthly rent shall automatically become due and payable quarterly in advance, rather than monthly.

The quarterly advance payments of rent will continue until the Lessor notifies Lessee in writing.

Severability. If any portion of this Lease is ruled by a court of competent jurisdiction to be invalid, the remaining portions shall remain in full force and effect.

21. Entire Agreement; Amendments. This Lease contains all agreements of the Parties with respect to the Property. No prior agreement or understanding pertaining to any such matter shall be effective, whether oral or in writing. This Lease may only be modified in writing, signed by the Parties.

Lessor: City of Avalon
P.O. Box 707
Avalon, California 90704
Tele: (310) 510-0220
Fax: (310) 510-2478
Attention: Administration - Leases
Lessee: Island Enterprises, Inc.
dba Catalina Adventure Tours
PO Box 797
Avalon, CA 90704
P.O. Box 92766
Long Beach, CA 90809
Tele: 562-432-8828
[Fax] 562-435-9464
Attention: Jeff Stickler
Waivers. The waiver or failure to enforce any provision of this Lease by Lessor shall not be deemed to be a waiver of any future breach of that same provision or of any other provision of this Lease. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to or approval of any subsequent act by Lessee. The acceptance of rent by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any provision of this Lease, other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent.

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from month to month subject to all the provisions of this Lease.

25. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies available at law or in equity.

30. Nondiscrimination. Lessee covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the use, occupancy, tenure, or enjoyment of the Property, nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of employees, contractors or vendors in the Property.

31. Quiet Possession. Upon Lessee's payment of the rent for the Property and observing and performing all of the covenants, conditions and provisions to be observed

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and performed under this Lease, Lessee shall be entitled to have quiet possession of the Property for the Term of this Lease subject to all of the provisions of this Lease.

Compliance with Lessor's Rules for Use of Property. Lessee agrees that it milk brom ye to and fore all gamena be te property lions into ma the delivery of supplies, the parking of vehicles and the preservation of the good order.

The violations of any such rules and regulations shall be deemed a material breach of this Lease.

Third-Party Beneficiaries. There are no intended or incidental third-party beneficiaries of this Agreement.

34. Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one anc he same instrument and a fully executed Lease.

35. Compliance with California Civil Code Section 1938. Pursuant to and in compliance with California Civil Code section 1938, Lessee is notified that the Property has not undergone inspection by a Certified Access Specialist.

36. Authority to Execute. The individuals executing this Lease on behalf of each Party represent and warrant that they are fully authorized and legally capable of executing this Lease on behalf of that respective Party, and binding that Party thereto. [Signatures to Lease Agreement on Next Page]

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Signature Page to Lease Agreement
The Parties hereto have executed this lease on the date stated below:

Dated: Jan 30, 2071
Dated: 02/05/2019 City of Avalon
Worse Gladde
Denise A. Radde, City Manager
Attest:

Nobille Marry
Gabrielle Morones,
Deputy City Clerk

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EXHIBIT 1
to
Lease Agreement

LEGAL DESCRIPTION OF PROPERTY

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A1 Updated: 3/9/13
302 PEBBLY BEACH ROAD
Leasee
A. Avaton Blue Line Baggage & Delivery
A1. Avalan Blua Lina Lockers
A3. Avalon Blue tine Parking

8. Catalina ATM
C. Island Enterprises Inc.

C1. Island Enterprises inc.

D. SCI Resort Services, In.

E. Avalon Harbor Dept.

El. Avalon Harbor Dept.
f. Ell's Island Deli
G. Restrooms
H. Alishinados

1. Catalina Vending

1. SCE Controt Room
K. Grog Wenger
E
= door
a windore
Drawings not to scae
Insat Drawings
C1
®

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ORIGINAL
LEASE AGREEMENT lof 2
This Lease Agreement ("Lease"), effective January 1, 2015 ("Effective Date'), is entered into between the CITY OF AVALON, a municipal corporation ("Lessor"), and Island Enterprises, Inc. a California corporation dba Catalina Adventure Tours (Lessee ), (each individually a "Party" and collectively the "Parties").

RECITALS
Lessor is the owner of certain real property, including the improvements thereon, located in the City of Avalon referred to as No. 12 Pleasure Pier, and more accurately described in Exhibit 1 (the "Property").

Lessee desires to lease from Lessor, and Lessor desires to lease to Lessee, a portion of the Property as described in more detail in the Lease on the terms and conditions set forth herein.

LEASE
NOW THEREFORE, the Parties agree as follows:

Property. Lessor leases to Lessee, and Lessee leases from Lessor the Property, consisting of 156 square feet of interior and/or exterior space. Lessor and Lessee agree that if Lessor makes additional space available to Lessee and Lessee accepts such space, that space shall automatically be included in the Property and the terms of this Lease shall automatically apply thereto, unless otherwise agreed by the Parties.

2. Term.
(a) Term. The term of this Lease shall be from January 1, 2015 to December 31, 2025 ("Initial Term"). Lessor shall have the option to renew this Lease for one five (5) year period) provided Lessor gives Lessee written notice of intent to renew the Lease at least sixty (60) days prior to December 31, 2025, but no more than 180 days prior to December 31, 2025 and the Parties agree to the terms and conditions ("Renewa Term"). The Initial Term and Renewal Term are referred to collectively herein as the "Term."
(b) Termination. Lessee may terminate the Lease on sixty (60) days' written notice to the Lessor.

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Rent.
(a) Calculated on Square Footage or Percentage af Total Sales Basis:

Lessee shall pay Lessor rent each month, the higher of either:
i. in the amount determined by multiplying the square footage of the Property by four dollars ($4.00) or;
an amount equat to ten percent (8%) of all gross recaiple at.. the Property, whichever is higher. Gross receipts shall mean the total amounte received from all revenue sources during the relevant period, except admission Taxes, sales taxes, California redemption taxes, City of Avalon Use Texes/fees, reasonable commissions which are paid to third parties and amounts received from activities upon which City Harbor and Use Fees and Admission Taxes are based. For purposes of calculating Gross Receipts, such commissions paid to third parties shall not exceed 20% of the price paid by the.concumorteustomer, swss
In the event that Lessor makes additional space available for Lessee's use, that space shall automatically be included in the Property, as defined in Paragraph 1 of this Lease, and the square footage of the Property used in calculating the monthly rent amount shall be increased accordingly. Rent shall be calculated year-round on the total square footage of the Property. There shall be no reductions in square footage for the purpose of calculating rent during the off-season.

The amount charged per-square-foot shall be automatically increased each year on July 1 in an amount equal to any increase in the most recent Consumer Price Index Los Angeles-Long Beach-Anaheim CPI-U released annually by the U.S. Bureau of Labor Statistics. In the event the Consumer Price Index decreases, no change in rent charged per-square-foot shall be made.
(b) Payment Procedures. Lessee shall remit its monthly rent by no later than the thirtieth day after the end of each month during the Term of this Lease to Lessor at the address stated herein. Each monthly payment shall be accompanied by an accounting of total sales for that month. Rent for any period shorter than one month shall be pro-rated on a daily basis. There shall be no off-season period where rent is reduced or not due; rent shall be due on the thirtieth day of each month regardless of whether the Property was open for business during the month. Lessee is responsible for making the payments required by this section and Lessor will not and is under no obligation to send monthly invoices to Lessee regarding any such payments. (c) Under-Payment Penalties. In addition to the late payment penalties described in Paragraph 18 of this Lease, if Lessor determines that Lessee has under- reported its income resulting in a rent payment of less than what it should have paid, the following penalties apply;
(i) If the under-reporting of total sales resulted in a rent payment of greater than 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus a penalty equal to 10% of the difference.

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(il) If the under-reporting of total sales resulted in a rent payment of less than or equal to 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus a penalty payment equal to the entirety of that month's rent, for each month the under-reporting occurred.
(d) Disclosure. At the time that Lessee is required to pay rent each month pursuant to this Section 3, Lessee must provide Lessor with detailed information regarding the total gross receipts for each month, regardless of whether Lessee is required to pay the square footage price pursuant to Section 3(a)(i). (e) Year ond Annuel Rocencilietion. Within. 30 deys after the end of every calendar year during the Term, based on the information provided by Lessert and any independent audit of Lessor, Lessor shall determine: (1) the amount-Lessee would have paid for the entire calendar year if Lessee paid the square toolage rent in section 3(a)(i) each month; and (2) eight percent (8%) of the Leesee's total gross receipts as defined in Section 3(a)(ii), for the entire calendar year. Lessee is responsible for paying Lessor the higher of the two amounts ('Higher Amount"). If Lessee's monthly rent payments paid to Lessor for the entire year are less than the Higher Amount, Lessee shall pay Lessor the difference between what was paid and the Higher Amount within thirty days of receipt of such information from Lessor. If Lessee's monthly rent payments paid to Lessor for the entire year equal more than the Higher Amount, Lessor shall reimburse Lessee the difference between what was paid and the Higher Amount within thirty days of making the determination in this Section 3f6). Jwe.

4. Use.

Compliance with Law. Lessee shall, at all times and at Lessee's expense, comply with all applicable federal, state and local laws, rules, regulations, and orders, and all covenants and restrictions of record regulating the Property and Lessee's use of the Property. Lessee shall not use nor permit the use of the Property in any manner that will violate the same or disturb other property owners or tenants in the areas surrounding the Property or Property.
(c)
agrees to take possession in an "as is" condition. Lessee acknowledges and agrees that Lessor has made no representations, guarantees or warranties regarding the Property, or its fitness for any particular purpose, or regarding any common areas or improvements thereon, nor has Lessor made representations, guarantees or warranties regarding whether the Property and common areas and improvements thereon comply with applicable laws, rules, regulations, orders, or any covenants or restrictions of record in effect at the Effective Date of this Lease. Lessee assumes all responsibility regarding the

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California Occupational Safety Health Act, the legal use and adaptability of the Property and compliance with all applicable laws, rules, regulations, orders and covenants or record in effect during the Term of this Lease relating to the Property except as otherwise specifically stated in this Lease.

Hazardous Waste and Trash Disposal. Lessee shall not use, generate, store or dispose of any Hazardous Materials on the Property or permit the contamination of the Property by Hazardous Materials. For the purpose of this section, Hazardous Materials s marade, thic istances, hazes us wed as arome hazarded, wastes" or "restricted hazardous wastes" or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.

Lessee's Repair and Maintenance Obligations.
(a) Lessee shall keep in good order, condition and repair, and shall replace, if necessary, the Property and every part thereof, structural and nonstructural occupied or used by Lessee, whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements, or the age of such portion of the Property.

This includes, but is not limited to, glazing, plumbing, heating, air conditioning, ventilation, electrical and lighting fixtures and facilities, all equipment within the Property, fixtures, walls (interior and exterior), ceilings, roofing, floors, windows, doors, plate glass, skylights, landscaping, tree-trimming, and all fences and signs located on the Property. (b) The paint color of the exterior of the Property shall at all times be Pleasure Pier Green, which is the color of the Pleasure Pier at the time of the execution of this Agreement. If Lessor changes the color of the Pleasure Pier at any time during the Term, Lessee is required, upon thirty (30) day written notice by the Lessor, to paint the exterior of the Property to be the same color as the new color of the Pleasure Pier identified in the notice at Lessee's own cost.

To the extent that any such repairs, maintenance, or painting obligations imposed by this Section 6 involve, In the determination of the Lessor, the leased property of another tenants) of Lessor who leases space in the same building, such as a common roof, Lessee's obligations under this Section 6 will be divided proportionately between Lessee and the other tenants of Lessor, if any, based on the number of square feet leased by each.

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7. Surrender. On the last day of the Term of this Lease, or on the date this Lease is earlier terminated, Lessee shall surrender the Property to Lessor in the same condition as when received, ordinary wear and tear and damage by casualty excepted, clean and free of debris. Lessee shall remove all trade fixtures, furnishings and equipment owned by Lessee and shall repair any damage to the Property occasioned by the installation or removal of Lessee's trade fixtures, furnishings and equipment.

8. Lessor's Right to Undertake Lessee's Obligations. If Lessee fails to perform any of Lessee's obligations under any paragraph of this Lease, Lessor may, at its option (but shall not be required to), enter upon the Property after ten (10) days' prior written notice to Lessee (except in the case of an emergency, as determined by Lessor, in its sole discretion, in which case no notice shall be required), and perform such obligations on Lessee's behalf. Any costs incurred by Lessor pursuant to this Paragraph, including interest thereon, shall become due and payable to Lessor together with Lessee's next rent installment.

9. Damage to Property. In the event that repairs are necessary to alleviate structural hazards because the Property is damaged by circumstances not caused by the negligence or willful misconduct of Lessee, its employees, contractors, agents, invitees or guests, Lessee shall inform Lessor in writing of such necessity. Lessor shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs. In the event Lessor elects to terminate this Lease, no rent shall accrue or be payable to the Lessor after the date Lessor terminates the Lease. If repairs which are made by Lessor prevent the Lessee from occupying a portion of the Property, but Lessee is able to operate on the Property during such repairs, Lessee shall be entitled to a proportionate reduction in the monthly rent, based on the ratio the floor area which Lessee is unable to occupy, from the date such repairs are commenced until the date the entire Property is available for Lessee's occupancy. If the damage prevents Lessee from operating on the Property, then no rent shall be due from the date of damage, as determined by Lessor in its sole discretion, until completion of repairs. Lessee expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the Property in good order, condition and repair.

10. Alterations and Additions. Lessee shall not make any alterations, improvements, additions, Utility Installations exceeding $5,000 (Five Thousand Dollars) in value, hang or paint any signs visible from the exterior of the Property, or make any change to the exterior of the Property, without Lessor's prior written consent. The term "Utility Installation" shall mean installation of carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and structural changes. If Lessor authorizes any alterations, improvements, additions, or Utility Installations, all such improvements shall be Lessee's sole responsibility and shall be installed and removed at Lessee's sole cost and expense.

Upon the removal of any improvement, alteration, addition or Utility Installation, Lessee shall restore the Property to its prior condition. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements. Should Lessee make any alternations, improvements, additions or Utility Installations without the prior

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approval of Lessor, Lessor may require that Lessee immediately remove any or all of the same.

Insurance. The Lessee shall provide the Lessor with a copy of insurance upon execution of the Lease and upon renewal of insurance as follows:
(a) Workers Compensation Insurance. The Lessee is required to provide evidence of workers' compensation coverage as follows:
i. Workers' Compensation insurance with statutory limits a eauired by the Labor Code of the State of California
ii. Employers Liability with limits of 1,000,000 per Accident; 1,000,000 Disease per employee; 1,000,000 Disease per
policy.
ili. The policy must include a written waiver of the insurer's right to subrogate against the City of Avalon.

Liability Insurance. For the Term of the Lease, Lessee shall maintain and keep in full force Commercial General Liability Insurance no less broad than ISO form CG 00 01 against any liability arising out of the ownership, use occupancy, or maputenane of ree Pren used by esse Su insures been as are to gi Such insurance be no less than the following:
i. Minimum Limits: 1,000,000 per Occurrence; 2,000,000
General Aggregate; the General Aggregate shall apply
separately to each location.
ii. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000. iii. The City of Avalon must be an additional insured for liability arising out the ownership, maintenance or use of that part of the premises leased to the Tenant/Lessee/Concessionaire (ISO form CG 20 11 or equivalent).

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iv. The insurance provided to the City of Avalon as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by the City of Avalon.
v. The policy must cover inter-insured suits and include a "separation of Insureds" or "severability" clause which treats each insured separately.
(c) Property Insurance.
i. Prior to Lessee's entry upon the Property and for the Term of the Lease, Lessee shall obtain and keep in full force and effect a policy of insurance covering loss or damage to the Property, in the amount of the full replacement value thereof, against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, commonly known as "broadform coverage." Lessee shall provide Lessor a copy of this insurance policy upon execution of this Lease.

All policies of insurance shall be endorsed to: (1) name Lessor (and at Lessor's option, any additional parties designated by Lessor) as an additional insured; (2) provide that such insurance is primary to any policy of Lessor, which shall not be called upon to contribute in any way; and (3) provide that the policy shall not be cancelled, terminated or modified without first providing thirty (30) days' prior written notice to Lessor. ii. All insurance policies must be issued by an insurer with an A.M. Best rating of at least A:VII. Lessee shall provide immediate written notice if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.

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13. Indemnification and Release.
(a) Indemnification. Lessee shall indemnify, defend, reimburse and hold harmless Lessor from and against any and all demands, claims, losses, damages or liabilities of any kind or nature, including claims for damage to property or persons, including wrongful death (Claim"), arising from or in connection with any act or omission of Lessee, including Lessee's active and passive negligence or Lessee's use of the Property or Property under this Lease, including, without limitation, any activity, work or things done, permitted or suffered by Lessee in or about the Property or elsewhere on the Property and any breach or default by Lessee of this Lease. If any action or proceeding is brought against Lessor by reason of any such Claim, Lessee's obligation to defend the same shall be done with counsel approved in advance by Lessor.

Release. Lessee hereby agrees that Lessor shall not be liable for, and hereby waives and releases Lessor from, any injury to Lessee's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, agents, invitees, guests, or any other person on the Property, nor shall Lessor be liable for injury to the person of Lessee, Lessee's employees, agents, contractors, guests or invitees caused by any reason whatsoever, including without limitation, by fire, steam, electricity, gas, water, rain, the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures on the Property or Property, or from any other cause or condition arising upon the Property or upon other portions of the Property which the Property are a part, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee except to the extent such injury or loss is caused by Lessor's sole gross negligence or wilful misconduct. Lessor shall not be liable for any damages arising from any act or neglect of any other lessees or possessors, if any, of the Property.

14. Utilities. Lessee shall arrange and timely pay for all gas, heat, light, disposal, power, and any other utilities and services needed or supplied to the Property, together with any taxes thereon.

15. Assignment and Subletting.
(a) Except as otherwise provided below, Lessee shall not convey, assign, transfer, mortgage, pledge, sublet or encumber any interest in the Property during the Term of this Lease, nor allow any other person (the employees, agents, servants and invitees of Lessee excepted) to occupy or use the Property, or any portion thereof, without Lessor's prior written consent, which may be refused in Lessor's sole discretion.

Any attempted conveyance, assignment, transfer, mortgage, pledge, liabilities arising from or related to the Property.
(c) Any subletting approved by Lessor shall not relieve Lessee of any of its obligations or liabilities under this Lease, and both Lessee and any subsequent lessor(s) will be deemed to be bound by this Lease.

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Any dissolution, merger, consolidation, or other reorganization of Lessee or sale which results in a change of controlling persons shall be deemed an assignment of this Lease. Any such assignment or subletting without advance written consent of Lessor shall be void, and shall, at the option of the Lessor, constitute a default under the terms of this Lease.
(e) Lessee may transfer this Lease upon the sale or other transfer of substantially all of the assets of Lessee, provided Lessee first obtains Lessor's written consent, which shall not be unreasonably withheld and provided Lessee pays to Lessor a lease transfer fee equal to three percent (3%) of the sale price with a cap of $30,000 of Lessee's business ("Transfer Fee"). The Transfer Fee shall not apply to a transfer of this Lease upon the transfer of a controlling interest in Lessee's business to a member of the immediate family of such controlling person, or to a transfer of the controlling interest to an inter vivos trust in which such controlling person is the trustee of the trust. In the event Lessee's business has multiple locations and Lessee assigns, sublets, or transfers the Lease for one location without assigning or transferring the business as a whole, the Transfer Fee shall be a flat $5,000 or a lower amount at the discretion of the City Manager.

16. Defaults and Remedies.

Defaults. in addition to those items already designated to be a breach or default of this Lease elsewhere in the Lease, the occurrence of any of the following events shall be a material breach of this Lease and shall constitute an event of default:

Use Fees, Admission Taxes, or other fees and taxes to the City Associated with the where such failure shall continue for a period of three (3) days after written notice thereof from Lessor to Lessee.

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iv. The making by Lessee of any general arrangement or
assignment for the benefit of any creditor, Lessee becoming a "debtor" as defined in 11 U.S.C. 101; the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Property or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Property or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days.
(b) Remedies. In the event of any such material breach or default by Lessee, Lessor may at any time thereafter, with or without notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach, do any of the following:

17. Possessory Interest Tax. Lessee hereby recognizes that this Lease may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest.

18. Late Charges. Lessee acknowledges that late payment of rent or any sums due under this Lease will cause Lessor to incur costs not contemplated herein, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any sum due from Lessee is not received by the day it is due, then without requirement for notice to Lessee, Lessee shall pay a late charge of ten percent (10%) per month, plus interest at the rate of ½ of 1% (.005%) per month or portion thereof, from the date the rent becomes due. The Parties agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment. Acceptance of such late charge shall in no event constitute a waiver of Lessee's default, nor prevent Lessor from exercising any of

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the other rights and remedies granted in this Lease. In the event that a late charge is payable for three (3) consecutive installments of rent, then the minimum monthly rent shall automatically become due and payable quarterly in advance, rather than monthly.

The quarterly advance payments of rent will continue until the Lessor notifies Lessee in writing.

Severability. If any portion of this Lease is ruled by a court of competent jurisdiction to be invalid, the remaining portions shall remain in full force and effect.

Notices. Any notice required or permitted to be given under this Lease shall be in writing and given by personal delivery or by first class mail to the address and person below. Either Party may, by notice to the other, specify a different address for notice purposes. Notice given by personal delivery shall be deemed received upor ersonal delivery. Notice given by mail shall be deemed received three (3) days afte Lessor: City of Avalon
P.O. Box 707
Avalon, California 90704
Tele: (310) 510-0220
Fax: (310) 510-2478
Attention: Administration - Leases
Lessee: Island Enterprises, Inc.
dba Catalina Adventure Tours
PO Box 797
Avalon, CA 90704
P.O. Box 92766
Long Beach, CA 90809
Tele: 562-432-8828
[Fax] 562-435-9464
Attention: Jeff Stickler

22. Waivers. The waiver or failure to enforce any provision of this Lease by Lessor shall not be deemed to be a waiver of any future breach of that same provision or of any other provision of this Lease. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to or approval of any subsequent act by Lessee. The acceptance of rent by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any provision of this Lease, other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent.

Page 11 of 16 ends

65059.00003 8507314.1
Holding Over. Lessee has no right to retain possession of the Property or any part thereof beyond the expiration or termination of this Lease. If Lessee, with Lessor's consent, remains in possession of the Property or any part of the Property after the expiration or termination of the Term of this Lease, such occupancy shall be a tenancy from month to month subject to all the provisions of this Lease.

Cumulative Remedies. No remedy or election hereunder shal be deemed exclusive but shall, wherever possible, be cumulative with all other remedies available at law or in equity.

25. Binding Effect; Choice of Law. This Lease shall be binding upon and inure to the benefit of the Parties, their personal representatives, heirs, successors and assigns. This Lease shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Los Angeles County.

26. Attorneys' Fees and Costs. If either Party brings an action to enforce the Terms of this Lease or declare the rights of the Parties under this Lease, the prevailing Party shall be entitled to recover all costs and expenses incurred in such action, including reasonable attorneys' fees as fixed by the court or arbitrators.

27. Right to Enter Property. Lessor and Lessor's agents shall have the right to enter the Property, at reasonable times for the purpose of inspecting the same, showing the same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, improvements or additions to the Property or Property as Lessor may deem necessary or desirable. Lessor may, at any time, place on or about the Property any "For Sale" signs and Lessor may, at any time, during the last 120 days of the Term of this Lease place on or about the Property any "For Lease" signs.

28. Records: Audit. Lessee shall keep records, reports and books of account substantially in accordance with general accepted accounting principles to reflect accurately the gross receipts, expenditures and net income of Lessee concerned with and related to its operations and activities under this Lease. Lessor shall have the right to inspect and audit Lessee's financial accounts, books and records to ensure Lessee's compliance with this Lease, at any time during the Term of this Lease. Lessor will provide a minimum written notice of the request to audit forty-eight (48) hours in advance of the audit.

29. Nondiscrimination. Lessee covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the use, occupancy, tenure, or enjoyment of the Property, nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of employees, contractors or vendors in the Property.

Quiet Possession. Upon Lessee's payment of the rent for the Property and observing and performing all of the covenants, conditions and provisions to be observed

Page 12 of 16 ends

65059.00003 8507314.1
and performed under this Lease, Lessee shall be entitled to have quiet possession of the Property for the Term of this Lease subject to all of the provisions of this Lease.

The violations of any such rules and regulations shall be deemed a material breach of this Lease.

Third-Party Beneficiaries. There are no intended or incidental third-party beneficiaries of this Agreement.

Counterparts. This Lease may be executed in multiple counterparts, each of which shal outerpans. of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument and a fully executed Lease.

34. Compliance with California Civil Code Section 1938. Pursuant to and in compliance with California Civil Code section 1938, Lessee is notified that the Property has not undergone inspection by a Certified Access Specialist.

Compliance with California Civil Code Section 1938. Pursuant to and in compliance with California Civil Code section 1938, Lessee is notified that the Propert as not undergone inspection by a Certified Access Specialisi

36. Authority to Execute. The individuals executing this Lease on behalf of ach Party represent and warrant that they are fully authorized and legally capable o xecuting this Lease on behalf of that respective Party, and binding that Party thereto [Signatures to Lease Agreement on Next Page]

Page 13 of 16 ends

65059.00003 8507314.1
Signature Page to Lease Agreement
The Parties hereto have executed this lease on the date stated below:

Dated: Jan 30,2019
Its:_ Ceratins
Dated: 02/05/2019 City of Avalon
Denise A. Radde, City Manager
Attest:

Saliall Monor
Gabrielle Morones,
Deputy City Clerk

Page 14 of 16 ends

65059.0000318S07314.1
EXHIBIT 1
to
Lease Agreement

LEGAL DESCRIPTION OF PROPERTY

Page 15 of 16 ends

65059.0000318507314.1

GREEN PIER
Updated: 3/9/15
22 188
18 15
688308

9. SCI Resort Services, Inc. (ticket bookh)

12. Island Navigation Co. Inc.

15. C &N Lins inc. (Catalina Divers Supply)
15 18. Avalon Seafood
18B. Island Water Charters

22. Harbor Pasorl & Monter's Office
Q. Trash Storago
U. Outdoor Space 12
V. Avalon Harbor Dapt.

W. Greg Wenger
12 9
Drawings not to scale

Page 16 of 16 ends

65059.0000318507314.1

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 19, 2024 AGENDA ITEM: 7
ORIGINATING DEP: Fire CITY MANAGER: AMU
PREPARED BY: Michael Alegria, Fire Chief
SUBJECT: Purchase of Motorola Portable APX8000 Series Radios RECOMMENDED ACTION(S): Authorize the City Manager or his designee to purchase seven (7) new Portable Motorola APX 8000 Radios for a not-to-exceed sum of $100,000 as budgeted in the City's Fiscal Year 2024-25 Capital Improvement Plan, Project #254501, Account #10245- REPORT SUMMARY: In 2024 the Fire Department sunset use of the City owned and operated low-band system. The system was not reliable and sourcing parts for repairs was increasingly difficult.

The City executed an agreement to be a subscriber to Los Angeles Regional Interoperable Communications System (LA RICS). With the new system the City has designated channels dedicated to the Island. Overall, the coverage and reliability of the system has improved drastically.

However, to utilize the new system, the Fire Department had to use compatible radios. LA County Fire donated twenty (20) APX 7000 radios, additionally West Covina provided another

18. Currently, all Fire Department apparatus are equipped with new radios; but, there is a need to plan for the future. Staff is currently working on grant funding for additional radios; however, the funding only supports new radios for seated positions within the department.

City Staff budgeted $100,000 in the Fiscal Year 2024-25 Capital Improvements Budget for replacement radios.

Per Avalon Municipal Code Section 3-4.106 (a), City Staff solicited quotes from qualified vendors.

At the time this report was authored, Staff received quotes from two of the three firms:

Company Proposal - including tax and shipping
Motorola Solutions - Account Manager $97,318.25
Bearcom $105,937.11
Motorola Solutions - Public Sector Rep. Not received as of 11/15/24 City Staff request the City Council authorize the City Manager or his designee to purchase seven (7) new Portable Motorola APX 8000 Radios for a not-to-exceed sum of $100,000 as budgeted in the City's Fiscal Year 2024-25 Capital Improvement Plan, Project #254501, Account #10245- 6547, from the lowest responsive bidder.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: No radios will be on hand for the Fire Department.

FOLLOW UP ACTION: Implementation of City Council direction.

FISCAL IMPACTS: Project is budgeted at $100,000 in the Fiscal Year 2024-25 Capital Improvement Plan (CIP Project #254501 Account 10245-6547).

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS: Quotes
MOTOROLA SOLUTIONS QUOTE-2560543
7 APX8000HXE Portable Radios
Billing Address: Quote Date:11/04/2024
Avalon FD Expiration Date:02/02/2025
P.O. BOX 1551 Quote Created By:

AVALON, CA 90704 Jeff Ashton
US jeff.ashton@
motorolasolutions.com
End Customer:

AVALON FIRE DEPT
Michael Alegria
[email protected]
310.510-0220
Contract: 18105 - LA COUNTY, CA MA-
IS-2240228
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 8000 Series APХ8000HXE
H91TGD9PW9AN APX 8000H ALL BAND 7 $8,638.24 $6,305.92 $44,141.44 PORTABLE MODEL 3.5
1a Q806CB ADD: ASTRO DIGITAL CAI 7 $567.00 $413.91 $2,897.37

OPERATION
1b Q361AN ADD: P25 9600 BAUD 7 $330.00 $240.90 $1,686.30

TRUNKING
1c OA02006AD ENH: APX8000HXE RUGGED 7 $880.00 $642.40 $4,496.80 RADIO
1d QA00580AA ADD: TDMA OPERATION 7 $495.00 $361.35 $2,529.45 le QA03400AA DEL: FCC NARROWBANDING 7 $0.00 $0.00 $0.00

MANDATE
1f Q53AF ADD: FRONT PANEL $165.00 $120.45 $843.15

PROGRAMMING & CLONING
1g Q887AU ADD: 5Y ESSENTIAL SERVICE 7 $306.00 $306.00 $2,142.00 1h QA07576AA ALT: TIA4950 BATT IMPRES 2 $191.10 $139.50 $976.50 LIION 4600MAH
(PMNN4573A)
= QA09008AA ADD: GROUP SERVICES 7 $165.00 $120.45 $843.15 1j QA09007AA ADD: OUT OF THE BOX WIFI 7 $0.00 $0.00 $0.00

PROVISIONING
1k QA09001AB ADD: WIFI CAPABILITY 7 $330.00 $240.90 $1,686.30

Page 1 ends

MOTOROLA SOLUTIONS QUOTE-2560543
7 APX8000HXE Portable Radios
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price Q498AU ENH: ASTRO 25 OTAR W/ 7 $814.00 $594.22 $4,159.54

MULTIKEY
1m QA03399AA ADD: ENHANCED DATA APX 7 $165.00 $120.45 $843.15 1n H38BS ADD: SMARTZONE 7 $1,650.00 $1,204.50 $8,431.50

OPERATION
10 QA09113AB ADD: BASELINE RELEASE SW 7 $0.00 $0.00 $0.00 1p G996AP ADD: PROGRAMMING OVER 7 $110.00 $80.30 $562.10 P25 (OTAP)
19 Q629AH ENH: AES ENCRYPTION AND 7 $523.00 $381.79 $2,672.53 ADP
1r QA01427AG ALT: APX8000/XE HOUSING 7 $28.00 $20.44 $143.08 GREEN
2 PMNN4573A BATT IMPRES 2 LIION TIA4950 7 $252.00 $183.96 $1,287.72 RIP68 4600T
3 PMMN4106D AUDIO ACCESSORY-REMOTE 7 $665.28 $485.65 $3,399.55

SPEAKER
MICROPHONE,XE500 REMOTE

SPR MIC WITH CHANNEL

KNOB, HIGH IMPACT GREEN
4 NNTN8844B CHARGER, MULTI-UNIT, 1 $1,705.20 $1,244.80 $1,244.80 IMPRES 2, 6-DISP, NA/LA-

PLUG, ACC USB CHGR
5 NNTN8860ATAA TAA CHARGER, SINGLE-UNIT, 1 $225.70 $164.76 $164.76 IMPRES 2, 3A, 115VAC, US
APX™ Radio Management RADIO MANAGEMENT
6 T7913A RADIO MANAGEMENT 1 $0.00 $0.00 $0.00
OFFLINE*
6a UA00048AA ADD: RADIO MANAGEMENT 7 $110.00 $110.00 $770.00

LICENSES OFFLINE
Subtotal
$85,921.19
Estimated Tax
$8,377.92
Grand Total $94,299.11(USD)
Notes:
• Additional information is required for one or more items on the quote for an order. • This quote contains items with approved price exceptions applied against them.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 - #: 36-1115800

Page 2 ends

Always On
Proposal
Quote Number: 674949 Printed On: 2024-11-06
Quote Date: 2024-11-06
14:03:19
Branch: 20390 Page:

Customer/Prospect Number 2094152

AVALON FIRE
PO BOX 707
AVALON CA 90704
_Customer Contact: MICHAEL ALEGRIA Customer Email: [email protected] Phone Number: (310) 510-0220 Delivery Instr:

Quantity Part Number Unit Extended
Price Price
7 H91TGD9PW9AN 8,638.24 60,467.68
APX8000H ALL BAND
PORTABLE MODEL 3.5
7 0806CB 567.00 3,969.00
ADD: ASTRO DIGITAL CAI

OPERATION
Q361AN 330.00 22310.00
ADD: P25 9600 BAUD

TRUNKING
QA02006AD 880.00 6,160.00
ENH: APX8000HXE RUGGED
RADIO
QA00580AA 495.00 3,465.00

TDMA OPERATION
QA03400AA 0.00
DEL: FCC NARROWBANDING

MANDATE
7 Q53AF 165.00 1,155.00
ADD: FRONT PANEL

PROGRAMMING & CLONING
Q887AU 306.00 2,142.00
ADD: 5Y ESSENTIAL SERVICE
QA07576AA 191.10 1,337.70
ALT: TIA4950 BATT IMPRES 2
LION 4600 MAH (PMNN4573A)
QA09008AA 165.00 1,155.00
ADD: GROUP SERVICES
QAO9007AA" 0.00
ADD: OUT OF THE BOX WIFI

PROVISIONINC
A0901AB 330.00 2,310.00
ADD: WIFI CAPABILITY
Q498AU 814.00 5,698.00
ENH: ASTRO 25 OTAR WI

MULTIKEY
7 QA03399AA 165.00 1,155.00
HAD ENHANCED DATAAPX 1,650.00 11,550.00
ADD: SMARTZONE

OPERATION
7 QA09113AB 0.00
ADD: BASELINE RELEASE SW
G996AP 110.00 770.00
ADD: PROGRAMMING OVER
P25 (OTAP)
7 Q629AH 523.00 3,661.00
ENH: AES ENCRYPTION AND
ADP
QAO1427AG 28.00 196.00
ALT: APX8000/XE HOUSING
GREEN
14 PMNN4573A 252.00 3,528.00
BATT IMPRES 2 LIION TIA4950
Visit our Web site at: www.bearcom.com Terms and Conditions: www.bearcom.com/terms-of-sale Always On
Quantity Part Number Unit Extended
Price Price
R IP68 4600T
10 PMMN4106D 665.28 6,652.80

AUDIO ACCESSORY-REMOTE

SPEAKER MICROPHONE
1 NNTN8844B 1,705.20 1,705.20

CHARGER, MULTI-UNIT
IMPRES 2, 6-DISP
1 NNTN8860ATAA 225.70 225.70

TAA CHARGER, SINGLE-UNIT
IMPRES 2. 3A, 115VAC, US
1 T7913A 0.00

RADIO MANAGEMENT

OFFLINE
UA00048AA 110.00 770.00
ADD: RADIO MANAGEMENT

LICENSE OFFLINE
1 DISCOUNT -24,076.62 -24,076.62
Quote valid until: 2024-12-06 Confidential and Proprietary Sub Total 96,306.46 Shipping and Handling TBD Estimate
Tax 9,630.65 Tax Estimate
Total 105,937.11
* Customer Signature
BOB AKINS REDONDO BEACH Branch Office: 800-750-7234
Senior Account Executive FAX: 424-675-7113
[email protected]
Visit our Web site at: www.bearcom.com Terms and Conditions: www.bearcom.com/terms-of-sale

CITY OF AVALON CITY COUNCIL
MEETING DATE: November 19, 2024 AGENDA ITEM: 8
ORIGINATING DEP: Administration CITY MANAGER: DHIl
PREPARED BY: Jocelyn Francis, Assistant City Manager
SUBJECT: Geo-Logic Associates Contract Amendment
RECOMMENDED ACTION(S): Authorize the City Manager to execute a contract amendment to the Pebbly Beach Landfill Expansion Project with Geo-Logic Associates for a not-to-exceed sum of $66,000, and update the scope of work for preparation of a SEA Conditional Use Permit for submittal to Los Angeles County Department of Regional Planning.

REPORT SUMMARY: On June 20, 2023 City Council awarded a contract to Geo-Logic Associates to prepare the Conditional Use Permit (CUP) application, Coastal Development Permit (CDP) application, conduct special technical studies, prepare CEQA documentation, and work with Los Angeles County Department of Regional Planning (LACDRP) for the Pebbly Beach Landfill Expansion Project.

In working with LACDRP Staff, consultants were made aware that a portion of the Pebbly Beach Landfill was identified as a Significant Ecological Area (SEA) and would require the submission of a SEA Conditional Use Permit (CUP). SEA CUPs require additional technical reports including a robust Biological Constraints Analysis and Biota Report. This required work is above and beyond what was proposed for a Biological Resources Assessment Survey and Report initially proposed at $15,446.

Efforts were made to obtain an exception for this project but were met with negative results.

Therefore, City staff recommend amending the contract to complete the additional studies and technical reports to comply with LACDRP direction.

If approved, the City Manager will execute an amendment with Geo-Logic to increase the not- to-exceed sum to $66,000, update the scope of work for preparation of an SEA CUP, and the Finance Director will include an additional $66,000 into the Mid-Year Budget Amendment request for Council approval within the Solid Waste special fund.

FISCAL IMPACTS: Additional $66,000 request for Solid Waste fund 13125-6547-202503.

GOAL ALIGNMENT: Infrastructure Improvements
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Project delays.

FOLLOW UP ACTION: City Manager to execute a contract amendment with Geo-Logic Associates to update the not-to-exceed amount to $66,000 and update the scope of work for the Pebbly Beach Landfill Expansion Project.
65059.00000\42923665.1
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
• Geo-Logic Associates Proposal
65059.00000 42923665.1
Rincon Consultants, Inc.

CELEBRA
rincon 180 North Ashwood Avenue
30% Ventura, California 93003
805-644-4455
YEARS
RINCON CONSULTANTS, INC. SINCE 199$
November 6, 2024
David Harich
Geo-Logic Associates
2777 E. Guasti Road, Suite 7
Ontario, California 91761
Via email: [email protected]
Subject: Proposed Change Order 1 for Pebbly Beach Landfill Expansion Project Dear David:

Rincon Consultants, Inc. (Rincon) is pleased to provide this Change Order Request 1 for additional services related to the preparation of a Significant Ecological Area (SEA) Conditional Use Permit (CUP) for the Pebbly Beach Landfill (PBL) Expansion Project.

Rincon scoped for preparation of a Biological Resources Assessment (BRA), with a budget of $15,446.

The BRA and associated budget assumed that the project would require a CUP from Los Angeles County but not an SEA CUP, which has significant additional requirements related to biological resources.
in addition to preparation of the BRA, Rincon provided support related to biological resources, including research related to SEA requirements, efforts to demonstrate that the site either isn't or shouldn't be considered an SEA, and development of SEA Biological Constraints Maps to accompany an SEA Consultation application to the Los Angeles County Department of Regional Planning (LACDRP).

LACDRP has confirmed that are no applicable exceptions to the requirement to obtain an SEA CUP for the PBL Expansion Project and that the Project requires an SEA CUP. The County's SEA Ordinance Implementation Guide describes the required special biological review for any development proposed within an SEA. A Biological Constraints Analysis (BCA) Report is required to be submitted with the SEA CUP application and additional coordination and reports are required in conjunction with the SEA Technical Advisory Committee (SEATAC). The various reports and other tasks associated with obtaining an SEA CUP and coordination with the SEATAC are shown in the table below.

Given the additional requirements associated with applying for and obtaining an SEA CUP and coordination with the Los Angeles County SEATAC, Rincon respectfully requests a budget increase of $65,939.

SEATAC Item Proposed Budget
$8,426
development of SEA Biological Constraints Maps to accompany SEA Consultation application to LACDRP.

Prepare BCA Report (report based on prior BRA, but incorporates additional information $11,500 as specified by SEATAC guidelines)
Consultation and Site Visit with County Staff Biologists) $5,740 SEATAC Review Meeting $4,152
Respond to County Comments on BCA Report $7,050
www.rinconconsultants.com
rincon ebbly Beach Landfill Expansion Projec
roposed Change Order 1
SEATAC Item Proposed Budget
Prepare Biota Report $11,500
Respond to County Comments on Biota Report $7,050
Potential Additional SEATAC Meeting $4,152
Optional/Potential Additional Surveys $6,369
Total Additional Budget Requested $65,939
Given the additional requirements associated with applying for and obtaining an SEA CUP and coordination with the Los Angeles County SEATAC, Rincon respectfully requests a budget increase of $65,939.

Thank you for your consideration and for the continued opportunity to support the PBL Expansion Project. If you have any questions regarding this proposal, please contact me at 310-562-9374 or [email protected].

Sincerely,
Rincon Consultants, Inc.
intelle
Brenda Grogg Eells
Principal
2

Avalon City CouncilNovember 19, 2024

Avalon City Council
November 19, 2024