Agenda — Marina City Council, April 15, 2025 (part 2 of 2)

0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0%
1A Top Shelf
1B Affluent Suburbia
2A New Suburban Families
2B Older Empty Nest Families
3A Mid-Income Rural
3B Urbanites
3C Older Mid-Income Households
4A Rising Middle Income Families
4B Young Aspirations
5A College Students and Recent Graduates
5B Middle America
5C Upscale Young Singles and Couples
6A Ethnic and Small Town Groups
6B Blue Collar Urbanites
6C Industrial Remnants
7A Military and Blue Collar
7B Rural Working Blues
7C Ageing Small Town America
Household Lifestage Group Comparison
Uses the AGS Panorama Segmentation system. More information is available by clicking on the respective cluster. Cluster names have been modified from the originals. Page 1 of 3 ...

EXHIBIT A
Household Segmentation Profile
Date: 1/15/2025
TOTAL HOUSEHOLDS 7,080 100% 13,382 100% 23,872 100%
Segment Group Cluster Name
1A Top Shelf 0 0.0% 0 0.0% 0 0.0%
01 One Percenters 0 0.0% 0 0.0% 0 0.0%
02 Peak Performers 0 0.0% 0 0.0% 0 0.0%
03 Second City Achievers 0 0.0% 0 0.0% 0 0.0%
1B Affluent Suburbia 0 0.0% 0 0.0% 7 0.0%
04 Young Success 0 0.0% 0 0.0% 0 0.0%
05 Affluent Parents 0 0.0% 0 0.0% 0 0.0%
06 Best of Both Worlds 0 0.0% 0 0.0% 7 0.0%
09 Successful Urban Commuters 0 0.0% 0 0.0% 0 0.0%
2A New Suburban Families 231 3.3% 232 1.7% 541 2.3%
17 New American Dreams 0 0.0% 0 0.0% 0 0.0%
21 New Suburban Style 191 2.7% 191 1.4% 448 1.9%
34 Midwestern Comforts 0 0.0% 0 0.0% 53 0.2%
42 Rising Fortunes 40 0.6% 41 0.3% 41 0.2%
2B Older Empty Nest Families 0 0.0% 3 0.0% 68 0.3%
12 Mainstream Established Suburb 0 0.0% 3 0.0% 18 0.1%
15 Comfortable Retirement 0 0.0% 0 0.0% 35 0.1%
18 Small Town Middle Managers 0 0.0% 0 0.0% 0 0.0%
33 Noreasters 0 0.0% 0 0.0% 10 0.0%
41 All-American 0 0.0% 0 0.0% 5 0.0%
3A Mid-Income Rural 542 7.6% 660 4.9% 911 3.8%
13 Cowboy Country 542 7.6% 660 4.9% 911 3.8%
16 Spacious Suburbs 0 0.0% 0 0.0% 0 0.0%
20 Strong Individualists 0 0.0% 0 0.0% 0 0.0%
51 Low Cost Rural 0 0.0% 0 0.0% 0 0.0%
3B Urbanites 0 0.0% 381 2.8% 1,136 4.8%
38 Middle America 0 0.0% 0 0.0% 0 0.0%
44 Pacific Second City 0 0.0% 49 0.4% 597 2.5%
45 Northern Perseverance 0 0.0% 0 0.0% 0 0.0%
58 Urban Crowd 0 0.0% 332 2.5% 539 2.3%
3C Older Mid-Income Households 30 0.4% 30 0.2% 30 0.1%
46 Individual Singles 0 0.0% 0 0.0% 0 0.0%
49 Retirement 30 0.4% 30 0.2% 30 0.1%
4A Rising Middle Income Families 1,938 27.4% 2,678 20.0% 4,869 20.4% 07 Upscale Diversity 80 1.1% 80 0.6% 112 0.5%
08 Living the Dream 0 0.0% 0 0.0% 4 0.0%
10 Emerging Leaders 176 2.5% 893 6.7% 1,612 6.8%
11 West Coast Affluence 1,682 23.8% 1,706 12.7% 3,141 13.2% 4B Young Aspirations 0 0.0% 192 1.4% 781 3.3%
14 American Playgrounds 0 0.0% 0 0.0% 29 0.1%
19 Outer Suburban Affluence 0 0.0% 0 0.0% 0 0.0%
22 Up and Coming Suburban Divers 0 0.0% 0 0.0% 25 0.1%
35 Generational Dreams 0 0.0% 192 1.4% 665 2.8%
40 Beltway Commuters 0 0.0% 0 0.0% 61 0.3%
5 Min Drive 10 Min Drive 15 Min Drive
Uses the AGS Panorama Segmentation system. More information is available by clicking on the respective cluster. Cluster names have been modified from originals. Page 2 of 3 ...

EXHIBIT A
Household Segmentation Profile
Date: 1/15/2025
TOTAL HOUSEHOLDS 7,080 100% 13,382 100% 23,872 100%
Segment Group Cluster Name 5 Min Drive 10 Min Drive 15 Min Drive 5A College Students and Recent Graduates 0 0.0% 1,543 11.5% 1,543 6.5% 57 College Towns 0 0.0% 17 0.1% 17 0.1%
67 Starting Out 0 0.0% 1,526 11.4% 1,526 6.4%
5B Middle America 0 0.0% 0 0.0% 463 1.9%
26 High Density Diversity 0 0.0% 0 0.0% 305 1.3%
36 Olde New England 0 0.0% 0 0.0% 20 0.1%
39 Second City Beginnings 0 0.0% 0 0.0% 1 0.0%
43 Classic Interstate Suburbia 0 0.0% 0 0.0% 137 0.6%
5C Upscale Young Singles and Couples 0 0.0% 0 0.0% 0 0.0% 25 Tech-Savy Group 0 0.0% 0 0.0% 0 0.0%
27 Young Coastal Technocrats 0 0.0% 0 0.0% 0 0.0%
6A Ethnic and Small Town Groups 215 3.0% 1,637 12.2% 3,637 15.2% 31 Latino Workforce 66 0.9% 1,380 10.3% 3,121 13.1%
59 Hardworking Latino Families 149 2.1% 164 1.2% 389 1.6% 60 Immigrant 0 0.0% 52 0.4% 52 0.2%
64 Southern Cities 0 0.0% 0 0.0% 9 0.0%
65 Small Towns 0 0.0% 41 0.3% 66 0.3%
6B Blue Collar Urbanites 4,084 57.7% 5,608 41.9% 8,647 36.2% 28 Coastal Diversity 4,084 57.7% 5,608 41.9% 8,647 36.2% 30 True Grit 0 0.0% 0 0.0% 0 0.0%
32 Apartment Dwellers 0 0.0% 0 0.0% 0 0.0%
6C Industrial Remnants 0 0.0% 0 0.0% 0 0.0%
63 Southern Small Towns 0 0.0% 0 0.0% 0 0.0%
66 Metropolitan Blue Collar 0 0.0% 0 0.0% 0 0.0%
68 Rust Belt 0 0.0% 0 0.0% 0 0.0%
7A Military and Blue Collar 0 0.0% 0 0.0% 0 0.0%
61 Communal Living 0 0.0% 0 0.0% 0 0.0%
62 Blue Collar Diversity 0 0.0% 0 0.0% 0 0.0%
7B Rural Working Blues 39 0.6% 417 3.1% 1,231 5.2%
24 Remote Latino Neighborhoods 39 0.5% 407 3.0% 1,136 4.8% 29 Metropolitan 0 0.0% 0 0.0% 0 0.0%
47 Simply Southern 0 0.0% 0 0.0% 0 0.0%
48 Tex-Mex 0 0.0% 10 0.1% 95 0.4%
53 Classic Southerners 0 0.0% 0 0.0% 0 0.0%
56 Blue Collar 0 0.0% 0 0.0% 0 0.0%
7C Ageing Small Town America 0 0.0% 0 0.0% 7 0.0%
23 Long-Lasting Heartland 0 0.0% 0 0.0% 0 0.0%
37 Industrial Town 0 0.0% 0 0.0% 0 0.0%
50 Small Town 0 0.0% 0 0.0% 0 0.0%
52 Great Open Country 0 0.0% 0 0.0% 0 0.0%
54 Agricultural Areas 0 0.0% 0 0.0% 7 0.0%
55 Mining Areas 0 0.0% 0 0.0% 0 0.0%
Uses the AGS Panorama Segmentation system. More information is available by clicking on the respective cluster. Cluster names have been modified from originals. Page 3 of 3 ...

EXHIBIT A
CITY OF Marina, CA
Submitted by:

ECONSolutions by HdL
120 S. State College Blvd., Suite 200
Brea, CA 92821
www.hdlcompanies.com
Contact:

Ba
rry Foster
714-879-5000
[email protected]

EXHIBIT A
City of Marina
Population 22,804 2 10th Street & 1st Ave.

Households 7,787
Average HH Income $113,854
White Collar (Residents) 63%
Some College or Degree 37%
Major Retail Areas
1 2
www.hdlcompanies.com 714.879.5000
2 EXHIBIT A

CITY OF MARINA
General Merchandise
GENERAL MERCHANDISE refers to general stores and super centers www.hdlcompanies.com 714.879.5000
...

EXHIBIT A

CITY OF MARINA
Markets
MARKETS refers to Grocery Stores and Pharmacy stores
www.hdlcompanies.com 714.879.5000
...

EXHIBIT A

CITY OF MARINA
Restaurants
RESTAURANTS refer to Fast Casual, Casual Dining, Fine Dining, Restaurnats and Quick Services restaurants. www.hdlcompanies.com 714.879.5000
...

EXHIBIT A

CITY OF MARINA
Retail
*Retail refers to the following concepts types: Clothing, Consumer Electronics Store, Cosemetics & Beauty, Department Stores, Footware/Shoes Stores, Hobbies/ Toys/Crafts/Books., Home Improvement Stores, Home Specialty Retail Stores, Sports & Recreational www.hdlcompanies.com 714.879.5000
...

EXHIBIT A
Marina
Population 22,804
Daytime Population 23,406
Households 7,787
Average Age 39.4
Average HH Income $113,854
White Collar (Residents) 63.2%
College Degree & Above 41.4%
1 2
www.hdlcompanies.com 714.879.5000
...

EXHIBIT A
Consumer Demographic Profile
Site: City / County / State
Date Report Created: 1/15/2025
# % # % # %
Market Stats
Population 22,804 --- 433,074 --- 39,752,612 ---
5 Year Projected Pop 24,590 --- 448,916 --- 41,137,567 --- Pop Growth (%) 7.8% --- 3.7% --- 3.5% ---
Households 7,787 --- 130,226 --- 13,544,923 ---
5 Year Projected HHs 8,442 --- 135,100 --- 14,017,681 --- HH Growth (%) 8.4% --- 3.7% --- 3.5% ---
Census Stats
2000 Population 19,566 --- 396,276 --- 33,859,150 ---
2010 Population 22,293 --- 439,035 --- 39,538,223 ---
Pop Growth (%) 13.9% --- 10.8% --- 16.8% ---
2000 Households 6,724 --- 121,233 --- 11,501,888 ---
2010 Households 7,584 --- 131,789 --- 13,475,623 ---
HH Growth (%) 12.8% --- 8.7% --- 17.2% ---
Total Population by Age
Average Age 39.4 38.9 40.6
19 yrs & under
5,190 22.8% 100,286 23.2% 8,278,537 20.8%
20 to 24 yrs 2,303 10.1% 46,013 10.6% 3,810,783 9.6%
25 to 34 yrs 3,208 14.1% 59,749 13.8% 5,412,679 13.6%
35 to 44 yrs 3,031 13.3% 58,724 13.6% 5,492,593 13.8%
45 to 54 yrs 2,517 11.0% 49,805 11.5% 4,903,398 12.3%
55 to 64 yrs 2,608 11.4% 46,893 10.8% 4,849,214 12.2%
65 to 74 yrs 2,383 10.4% 40,927 9.5% 3,973,999 10.0%
75 to 84 yrs 1,147 5.0% 22,198 5.1% 2,189,841 5.5%
85 + yrs 418 1.8% 8,479 2.0% 841,568 2.1%
Population Bases
20-34 yrs 5,511 24.2% 105,762 24.4% 9,223,462 23.2%
45-64 yrs 5,125 22.5% 96,698 22.3% 9,752,612 24.5%
16 yrs + 18,763 82.3% 346,686 80.1% 32,521,476 81.8%
25 yrs + 15,311 67.1% 286,775 66. 2% 27,663,292 69.6%
65 yrs + 3,947 17.3% 71,604 16.5% 7,005,408 17.6%
75 yrs + 1,565 6.9% 30,677 7.1% 3,031,409 7.6%
85 yrs + 418 1.8% 8,479 2.0% 841,568 2.1%
Marina CA Monterey County CA California

0.0%

2.0%

4.0%

6.0%

8.0%
Pop Growth (%)

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%
HH Growth (%)

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

16.0%
20 to
24 yrs
25 to
34 yrs
35 to
44 yrs
45 to
54 yrs
55 to
64 yrs
65 to
74 yrs
75 to
84 yrs
Population by Age Group
©SDS, a division of x-span results, inc. Demographic data by PopStats.

EXHIBIT A
Consumer Demographic Profile
Site: City / County / State
Date Report Created: 1/15/2025
# % # % # %
Marina CA Monterey County CA California
Population by Race
White 8,089 35.5% 121,875 28.1% 13,901,202 35.0%
Hispanic 7,131 31.3% 259,405 59.9% 15,683,510 39.5%
Black 1,331 5.8% 8,891 2.1% 2,131,637 5.4%
Asian 3,693 16.2% 24,848 5.7% 5,983,430 15.1%
Ancestry
American Indian (ancestry) 69 0.3% 1,168 0.3% 146,693 0.4% Hawaiin (ancestry) 481 2.1% 1,779 0.4% 134,290 0.3%
Household Income
Per Capita Income $38,877 --- $39,214 --- $46,947 ---
Average HH Income $113,854 --- $130,408 --- $137,785 --- Median HH Income $88,101 --- $95,478 --- $98,061 ---
Less than $25K 936 12.0% 12,128 9.3% 1,600,205 11.8%
$25K to $34.9K 484 6.2% 8,000 6.1% 768,111 5.7%
$35K to $49.9K 789 10.1% 11,475 8.8% 1,093,303 8.1%
$50K to $74.9K 1,053 13.5% 18,631 14.3% 1,809,587 13.4% $75K to $99.9K 1,145 14.7% 17,831 13.7% 1,608,697 11.9% $100K to $149.9K 1,379 17.7% 26,092 20.0% 2,481,556 18.3% $150K to $199.9K 884 11.3% 15,821 12.1% 1,707,712 12.6% $200K + 1,118 14.4% 20,248 15.5% 2,475,752 18.3%
Education 15,311 286,775 27,663,292
Less than 9th Grade 903 5.9% 50,182 17.5% 2,420,648 8.8% Some HS, No Diploma 1,038 6.8% 27,063 9.4% 1,910,177 6.9% HS Grad (or Equivalent) 2,964 19.4% 58,434 20.4% 5,657,916 20.5% Some College, No Degree 3,581 23.4% 50,046 17.5% 5,585,135 20.2% Associate Degree 1,645 10.7% 23,985 8.4% 2,205,075 8.0% Bachelor Degree 3,060 20.0% 46,064 16.1% 6,087,578 22.0% Graduates Degree 1,633 10.7% 20,959 7.3% 2,585,555 9.3%

0.0%

10.0%

20.0%

30.0%
Less
than
$25K
$25K
to
$34.9K
$35K
to
$49.9K
$50K
to
$74.9K
$75K
to
$99.9K
$100K
to
$149.9K
$150K
to
$199.9K
Household Income Levels - %

0.0%

10.0%

20.0%

30.0%
HS Grad
(or
Equivalent)
Some
College, No
Degree
Associate
Degree
Bachelor
Degree Graduates
Degree
Education

0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0%
White
Hispanic
Black
Asian
Ethnic Breakdown
©SDS, a division of x-span results, inc. Demographic data by PopStats.

EXHIBIT A
Consumer Demographic Profile
Site: City / County / State
Date Report Created: 1/15/2025
# % # % # %
Marina CA Monterey County CA California
Family Structure 5,109 95,127 9,360,885
Single - Male 299 5.9% 4,456 4.7% 503,548 5.4%
Single - Female 494 9.7% 8,539 9.0% 964,676 10.3%
Single Parent - Male 89 1.7% 4,250 4.5% 343,108 3.7%
Single Parent - Female 578 11.3% 9,177 9.6% 796,760 8.5% Married w/ Children 1,374 26.9% 29,352 30.9% 2,838,458 30.3% Married w/out Children 2,276 44.5% 39,353 41.4% 3,914,335 41.8% Household Size
1 Person 1,834 23.6% 26,682 20.5% 3,107,272 22.9%
2 People 2,402 30.9% 35,165 27.0% 3,965,242 29.3%
3 People 1,382 17.7% 19,517 15.0% 2,242,673 16.6%
4 to 6 People 1,950 25.0% 40,650 31.2% 3,757,425 27.7%
7+ People 218 2.8% 8,212 6.3% 472,311 3.5%
Home Ownership 7,787 130,226 13,544,923
Owners 3,185 40.9% 67,704 52.0% 7,504,441 55.4%
Renters 4,602 59.1% 62,522 48.0% 6,040,482 44.6%
Components of Change
Births
232 1.0% 4,380 1.0% 400,553 1.0%
Deaths 155 0.7% 2,946 0.7% 290,937 0.7%
Migration 176 0.8% -3,719 -0.9% -76,565 -0.2%
Employment (Pop 16+) 18,763 346,686 32,521,476
Armed Services 149 0.8% 6,658 1.9% 173,781 0.5%
Civilian 12,499 66.6% 210,431 60.7% 20,741,304 63.8%
Employed 10,969 58.5% 188,169 54.3% 19,636,654 60.4% Marina CA Monterey CouCalifornia Unemployed 1,531 8.2% 22,262 6.4% 1,104,650 3.4%
Not in Labor Force 6,263 33.4% 136,255 39.3% 11,780,172 36.2% Employed Population 10,969 188,169 19,636,654
White Collar 6,932 63.2% 103,365 54.9% 12,852,721 65.5% Blue Collar 4,037 36.8% 84,804 45.1% 6,783,933 34.5%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%
1 Person 2 People 3 People 4 to 6
People
Household Size

0.0%

20.0%

40.0%

60.0%

80.0%
Marina CA Monterey
County CA
California
Civilian Employment
Employed Unemployed
©SDS, a division of x-span results, inc. Demographic data by PopStats.

EXHIBIT A
Consumer Demographic Profile
Site: City / County / State
Date Report Created: 1/15/2025
# % # % # %
Marina CA Monterey County CA California
Employment By Occupation 10,969 188,169 19,636,654
White Collar 6,932 63.2% 103,365 54.9% 12,852,721 65.5% Managerial executive 1,141 10.4% 25,943 13.8% 3,345,021 17.0% Prof specialty 3,028 27.6% 35,380 18.8% 4,866,657 24.8% Healthcare support 332 3.0% 7,309 3.9% 724,352 3.7%
Sales 1,239 11.3% 16,925 9.0% 1,854,677 9.4%
Office Admin 1,192 10.9% 17,808 9.5% 2,062,014 10.5%
Blue Collar 4,037 36.8% 84,804 45.1% 6,783,933 34.5%
Protective 327 3.0% 4,259 2.3% 411,189 2.1%
Food Prep Serving 835 7.6% 10,805 5.7% 1,042,220 5.3%
Bldg Maint/Cleaning 623 5.7% 8,814 4.7% 726,532 3.7%
Personal Care 405 3.7% 4,584 2.4% 532,745 2.7%
Farming/Fishing/Forestry 99 0.9% 18,962 10.1% 271,430 1.4% Construction 1,011 9.2% 15,602 8.3% 1,453,286 7.4%
Production Transp 736 6.7% 21,778 11.6% 2,346,531 11.9% Employment By Industry 10,969 188,169 19,636,654
Agri Mining Const 982 9.0% 42,021 22.3% 1,725,662 8.8%
Manufacturing 407 3.7% 10,373 5.5% 1,750,963 8.9%
Transportation 605 5.5% 6,772 3.6% 1,156,535 5.9%
Information 125 1.1% 2,472 1.3% 565,876 2.9%
Wholesale Retail 1,644 15.0% 22,725 12.1% 2,523,885 12.9% Fin Insur Real Estate 376 3.4% 6,602 3.5% 1,148,026 5.8% Professional Services 637 5.8% 10,327 5.5% 1,845,606 9.4% Management Services 4 0.0% 108 0.1% 25,738 0.1%
Admin Waste Services 576 5.3% 9,388 5.0% 896,645 4.6%
Educational services 2,845 25.9% 38,478 20.4% 4,211,517 21.4% Entertain services 1,493 13.6% 20,433 10.9% 1,892,131 9.6% Other Prof services 466 4.2% 8,389 4.5% 960,313 4.9%
Public admin 807 7.4% 10,081 5.4% 933,757 4.8%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%
Industry Breakdown

0.0%

10.0%

20.0%

30.0%
Industry Breakdown Cont.
©SDS, a division of x-span results, inc. Demographic data by PopStats.

EXHIBIT A
Employment Profile
Site: City / County / State
Date Report Created:

Daytime Population
Student Population
Median Employee Salary
Average Employee Salary
Wages
Salary/Wage per Employee per Annum
Under $15,000 CrYr 2.5% 3.1% 2.1%
15,000 to 30,000 CrYr 0.9% 1.0% 0.8%
30,000 to 45,000 CrYr 28.9% 30.2% 17.6%
45,000 to 60,000 CrYr 22.4% 24.2% 21.0%
60,000 to 75,000 CrYr 12.8% 12.3% 19.1%
75,000 to 90,000 CrYr 11.3% 11.5% 17.9%
90,000 to 100,000 CrYr 2.2% 2.7% 6.8%
Over 100,000 CrYr 19.1% 15.0% 14.7%
Industry Groups
# % # % # % # % # % # %
Total 693 100% 8,023 100% 15,166 100% 177,656 100% 1,661,059 100% 15,939,470 100% Accomodation & Food Services 59 8.5% 630 7.9% 1,023 6.7% 14,689 8.3% 100,274 6.0% 1,021,203 6.4% Administration & Support Services 22 3.2% 243 3.0% 505 3.3% 7,884 4.4% 53,833 3.2% 556,715 3.5% Agriculure, Forestry, Fishing, Hunting 2 0.3% 37 0.5% 276 1.8% 7,660 4.3% 12,823 0.8% 87,484 0.5% Arts, Entertainment, & Recreation 24 3.5% 243 3.0% 417 2.7% 7,074 4.0% 48,145 2.9% 546,659 3.4% Construction 45 6.5% 256 3.2% 850 5.6% 6,072 3.4% 99,314 6.0% 748,493 4.7% Educational Services 17 2.4% 883 11.0% 399 2.6% 11,213 6.3% 42,562 2.6% 1,033,378 6.5% Finance & Insurance 25 3.6% 66 0.8% 799 5.3% 3,630 2.0% 99,201 6.0% 541,215 3.4% Health Care & Social Assistance 144 20.7% 2,168 27.0% 3,332 22.0% 41,997 23.6% 354,613 21.3% 3,652,854 22.9% Information 10 1.4% 145 1.8% 322 2.1% 5,069 2.9% 38,648 2.3% 493,819 3.1% Management of Companies & Enterprises 0 0.0% 0 0.0% 19 0.1% 677 0.4% 5,481 0.3% 179,858 1.1% Manufacturing 25 3.6% 310 3.9% 488 3.2% 6,260 3.5% 69,449 4.2% 1,051,538 6.6% Mining 0 0.0% 0 0.0% 9 0.1% 110 0.1% 1,019 0.1% 13,023 0.1% Professional, Scientific, & Technical Services 33 4.8% 227 2.8% 1,326 8.7% 7,645 4.3% 176,409 10.6% 970,190 6.1% Real Estate, Rental, Leasing 48 6.9% 137 1.7% 643 4.2% 2,834 1.6% 76,256 4.6% 285,048 1.8% Retail Trade 90 13.1% 980 12.2% 2,075 13.7% 22,895 12.9% 218,563 13.2% 2,010,692 12.6% Transportation & Storage 16 2.3% 130 1.6% 284 1.9% 4,001 2.3% 31,898 1.9% 645,483 4.0% Utilities 1 0.1% 12 0.1% 24 0.2% 493 0.3% 1,799 0.1% 60,487 0.4% Wholesale Trade 12 1.7% 46 0.6% 362 2.4% 2,580 1.5% 40,899 2.5% 186,165 1.2% Other Services 120 17.3% 1,511 18.8% 2,013 13.3% 24,873 14.0% 189,873 11.4% 1,855,166 11.6% 174 1,084,911
1,533 2,348,654
20,477
4,796
26,725
# # #
905 2,846,912
201 327,547
Establishments Employee'sEstablishments Employee's Establishments 2,811,244
1,794 3,349,392
1,024 3,046,418
53,717
43,050
21,768
72 124,392
5,423
1,700
2,321
57,393 64,142
63,891
Employee's
5,961 11,501,391
507,374
141,292
54,217
67,983 71,087
Marina CA CaliforniaMonterey County CA
1/15/2025
23,406 43,851,789

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%
Employees by Industry
©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 1 of 2 ...

EXHIBIT A
Employment Profile
Site: City / County / State
Date Report Created:

Marina CA CaliforniaMonterey County CA
1/15/2025
Occupations
White Collar 59.7% 54.2% 55.5%
Architecture & Engineering 1.0% 1.0% 1.6%
Community & Social Science 4.3% 3.6% 3.6%
Computer/Mathematical Science 1.3% 1.4% 2.0%
Education, Training, & Library 8.8% 6.1% 5.3%
Entertainment & Media 1.8% 1.8% 1.6%
Healthcare Practitioners 11.9% 9.5% 8.6%
Healthcare Support 3.9% 3.7% 3.4%
Legal 0.3% 0.7% 0.7%
Life, Physical, & Social Science 1.1% 0.9% 1.0%
Management 5.5% 5.3% 5.9%
Office & Administrative Support 17.1% 17.3% 18.2%
Blue Collar 39.8% 43.8% 43.0%
Building & Grounds Cleaning & Maintenance 4.5% 3.9% 3.4% Construction 3.0% 3.0% 3.8%
Farming, Fishing, & Forestry 0.1% 2.0% 0.2%
Food Service 7.0% 7.2% 6.5%
Installation & Maintenance 2.9% 3.4% 3.7%
Personal Care & Service 2.9% 2.9% 2.7%
Production 3.0% 3.4% 4.7%
Protective Service 2.3% 1.7% 1.5%
Sales & Related 9.3% 10.4% 10.5%
Transportation & Material Moving 4.8% 6.0% 6.1%
Military Services 0.5% 1.9% 1.5%
Employee Totals and History
Current
2024 Q1
2023 Q4
2023 Q3
2023 Q2
2023 Q1
2022 Q4
2022 Q3
2022 Q2
# of Employee's
229 428,237
241
# # #
234,0623,428
6,022
96,335
30,763
5,117
565
233
1,370 2,900,570
37 755,486
182 233,494
747 1,673,948
382 964,513
5,310
3,534
12,794
6,022
18,431
10,739
1,035,321
588,508
3,033
364 537,137
241 603,196
11 37,003
6,891
88 164,314
438 947,898
3,196 6,856,843
1,654
9,448
77,893
958 1,373,037
315 540,039
25 113,379
16,952
6,613
1,157
708 845,092
141 262,991
2,486
10,829
3,141
262,012
344 571,899
1,804
6,325
104 325,075
145,842
7,925 15,997,006
6,930 15,503,003
165,763
180,391
180,123
149,265
6,786 15,524,033
7,760 15,930,351
7,728 15,415,044
8,848,565
7,759 15,886,735
8,047 15,260,061
8,138 15,949,873
169,381
180,950
79 177,656
# of Employee's # of Employee's
4,790
177,368
8,023 15,939,470

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

16.0%

18.0%

20.0%
Employees by Occupation
©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 2 of 2 ...

EXHIBIT A
Consumer Demand & Market Supply Assessment
Site: City / County / State
Date Report Created: 1/15/2025
Demographics
Population 22,804 433,074 39,752,612
5-Year Population estimate 24,590 448,916 41,137,567
Population Households 21,208 415,394 38,855,764
Group Quarters Population 1,596 17,680 896,848
Households 7,787 130,226 13,544,923
5-Year Households estimate 8,442 135,100 14,017,681
WorkPlace Establishments 693 15,166 1,661,059
Workplace Employees 8,023 177,656 15,939,470
Median Household Income $88,101 $95,478 $98,061
Consumer Market Opportunity Consumer Market Opportunity Consumer Market Opportunity By Establishments Demand Supply Gap/Surplus Demand Supply Gap/Surplus Demand Supply Gap/Surplus Furniture Stores $5,356,461 $0 ($5,356,461) -100% $100,204,781 $30,585,285 ($69,619,496) -69% $9,695,295,234 $9,102,722,136 ($592,573,098) Lawn/Garden Equipment/Supplies Stores $3,078,101 $0 ($3,078,101) -100% $57,256,171 $161,424,672 $104,168,501 182% $5,507,419,858 $5,637,419,034 $129,999,176 Jewelry/Luggage/Leather Goods $2,562,263 $0 ($2,562,263) -100% $47,851,954 $34,855,670 ($12,996,284) -27% $4,591,395,681 $4,443,034,923 ($148,360,759) Used Merchandise Stores $1,503,156 $0 ($1,503,156) -100% $27,919,201 $26,906,003 ($1,013,198) -4% $2,685,345,558 $2,293,137,055 ($392,208,502) Electronic Shopping/Mail Order Houses $101,096,314 $0 ($101,096,314) -100% $1,930,613,143 $552,239,132 ($1,378,374,011) -71% $188,095,278,054 $142,288,100,483 ($45,807,177,571) Vending Machine Operators (Non-Store) $3,509,482 $0 ($3,509,482) -100% $65,765,553 $12,336,888 ($53,428,665) -81% $6,284,888,129 $5,576,919,003 ($707,969,126) Other Motor Vehicle Dealers $6,188,185 $708,981 ($5,479,204) -89% $115,448,876 $21,801,194 ($93,647,682) -81% $10,981,122,604 $10,607,693,994 ($373,428,610) Other Misc. Store Retailers $7,864,058 $1,032,835 ($6,831,223) -87% $145,510,315 $87,171,459 ($58,338,856) -40% $13,999,030,645 $14,220,339,824 $221,309,179 Shoe Stores $2,641,243 $427,947 ($2,213,296) -84% $49,311,999 $40,013,184 ($9,298,815) -19% $4,740,553,788 $4,761,524,793 $20,971,005 Book/Periodical/Music Stores $1,137,062 $251,489 ($885,573) -78% $21,241,935 $10,814,041 ($10,427,894) -49% $2,037,759,776 $2,039,908,614 $2,148,838 Home Furnishing Stores $4,490,639 $1,014,375 ($3,476,264) -77% $83,415,528 $31,273,812 ($52,141,716) -63% $7,964,482,185 $7,898,825,255 ($65,656,930) Building Material/Supplies Dealers $28,125,775 $8,049,542 ($20,076,233) -71% $522,233,803 $284,535,618 ($237,698,185) -46% $49,741,634,582 $54,197,057,245 $4,455,422,663 Automotive Dealers $90,014,951 $26,287,063 ($63,727,888) -71% $1,681,733,970 $789,223,699 ($892,510,271) -53% $159,089,544,690 $151,646,856,124 ($7,442,688,566) Electronics/Appliance $5,900,201 $1,921,324 ($3,978,877) -67% $119,393,621 $33,535,872 ($85,857,749) -72% $12,144,376,389 $10,890,343,292 ($1,254,033,097) Bar/Drinking Places (Alcoholic Beverages) $1,190,436 $411,751 ($778,685) -65% $28,326,858 $19,352,327 ($8,974,531) -32% $3,140,067,545 $3,318,545,352 $178,477,807 Clothing Stores $18,211,721 $6,367,985 ($11,843,736) -65% $338,247,259 $239,153,596 ($99,093,663) -29% $32,413,924,136 $33,463,002,889 $1,049,078,752 Office Supplies/Stationary/Gift $1,984,935 $715,237 ($1,269,698) -64% $37,806,661 $23,145,355 ($14,661,306) -39% $3,698,628,865 $3,629,310,598 ($69,318,267) Florists/Misc. Store Retailers $759,195 $284,332 ($474,863) -63% $14,122,824 $12,036,741 ($2,086,082) -15% $1,357,585,688 $1,387,585,995 $30,000,308 Beer/Wine/Liquor Stores $4,296,338 $1,642,305 ($2,654,033) -62% $79,816,660 $42,700,001 ($37,116,659) -47% $7,576,732,965 $7,664,870,491 $88,137,526 Grocery Stores $49,245,245 $21,996,854 ($27,248,391) -55% $913,400,624 $656,522,408 ($256,878,215) -28% $86,588,090,250 $80,384,105,276 ($6,203,984,974) Other General Merchandise Stores $51,226,504 $25,727,219 ($25,499,285) -50% $951,401,164 $531,520,069 ($419,881,095) -44% $90,454,411,636 $96,023,513,620 $5,569,101,984 Automotive Parts/Accessories/Tire $7,831,625 $4,379,466 ($3,452,159) -44% $144,990,029 $104,481,366 ($40,508,663) -28% $13,664,785,557 $13,568,570,730 ($96,214,826) Sporting Goods/Hobby/Musical Instrument $6,027,276 $3,641,444 ($2,385,832) -40% $112,222,654 $55,892,023 ($56,330,631) -50% $10,722,103,693 $10,714,580,685 ($7,523,008) Direct Selling Establishments $2,779,122 $1,837,521 ($941,601) -34% $51,520,465 $28,175,360 ($23,345,105) -45% $4,889,493,748 $3,656,533,604 ($1,232,960,144) Health/Personal Care Stores $25,020,936 $16,886,025 ($8,134,911) -33% $461,638,328 $317,566,597 ($144,071,731) -31% $43,668,433,467 $44,559,365,414 $890,931,947 Department Stores $8,375,365 $6,120,029 ($2,255,336) -27% $155,576,206 $142,635,343 ($12,940,863) -8% $14,861,079,296 $18,341,402,981 $3,480,323,685 Special Food Services $3,744,803 $2,782,657 ($962,146) -26% $77,499,334 $103,439,339 $25,940,005 33% $8,002,371,779 $7,901,300,473 ($101,071,306) Full-Service Restaurants $20,752,283 $16,160,783 ($4,591,500) -22% $452,335,107 $434,166,427 ($18,168,680) -4% $48,047,696,825 $50,955,718,020 $2,908,021,195 Gasoline Stations $38,270,511 $33,589,526 ($4,680,985) -12% $710,011,451 $895,721,689 $185,710,239 26% $66,767,868,146 $92,733,512,238 $25,965,644,092 Limited-Service Eating Places $21,858,452 $20,240,337 ($1,618,115) -7% $452,008,813 $415,337,103 ($36,671,710) -8% $46,657,116,040 $49,552,946,342 $2,895,830,302 Specialty Food Stores $2,702,502 $5,962,320 $3,259,818 121% $50,160,411 $148,335,323 $98,174,912 196% $4,753,743,034 $4,268,438,476 ($485,304,559) Consumer Demand/Market Supply Index $527,745,139 $208,439,348 253 $9,998,985,698 $6,286,897,599 159 $964,822,259,845 $947,727,184,958 102 Marina CA Monterey County CA California
©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 1 of 6 ...

EXHIBIT A
Consumer Demand & Market Supply Assessment
Site: City / County / State
Date Report Created: 1/15/2025
Marina CA Monterey County CA California
Consumer Market Opportunity Consumer Market Opportunity Consumer Market Opportunity By Major Product Lines Demand Supply Gap/Surplus Demand Supply Gap/Surplus Demand Supply Gap/Surplus Computer Hardware/Software/Supplies $10,734,124 $503,376 ($10,230,748) -95% $268,076,221 $50,924,530 ($217,151,691) -81% $30,556,708,531 $22,850,995,175 ($7,705,713,356) Furniture/Sleep/Outdoor/Patio Furniture $15,834,469 $1,040,238 ($14,794,231) -93% $296,283,638 $89,705,083 ($206,578,555) -70% $28,681,501,144 $21,587,199,297 ($7,094,301,848) Jewelry (including Watches) $4,356,406 $462,747 ($3,893,659) -89% $81,450,708 $55,251,903 ($26,198,804) -32% $7,812,690,272 $8,259,216,756 $446,526,484 All Other Merchandise $23,028,231 $2,902,613 ($20,125,618) -87% $426,984,377 $174,018,807 ($252,965,570) -59% $41,104,695,988 $38,330,839,384 ($2,773,856,604) Audio Equipment/Musical Instruments $3,413,364 $439,216 ($2,974,148) -87% $63,182,676 $18,857,076 ($44,325,600) -70% $6,032,095,634 $6,082,920,158 $50,824,524 Books/Periodicals $1,982,376 $282,027 ($1,700,349) -86% $36,801,347 $18,028,704 ($18,772,643) -51% $3,512,924,944 $3,794,237,881 $281,312,937 Lawn/Garden/Farm Equipment/Supplies $8,555,706 $1,489,561 ($7,066,144) -83% $159,154,076 $199,986,435 $40,832,359 26% $15,306,102,045 $15,340,512,635 $34,410,590 Pets/Pet Foods/Pet Supplies $4,725,655 $900,758 ($3,824,897) -81% $87,753,392 $48,810,534 ($38,942,858) -44% $8,565,116,430 $6,126,354,124 ($2,438,762,307) Kitchenware/Home Furnishings $6,903,868 $1,345,322 ($5,558,546) -81% $128,313,177 $60,062,211 ($68,250,966) -53% $12,187,071,038 $11,922,289,162 ($264,781,876) Footwear, including Accessories $7,357,252 $1,510,338 ($5,846,915) -79% $137,404,904 $80,558,663 ($56,846,241) -41% $13,212,025,270 $11,850,088,815 ($1,361,936,455) Small Electric Appliances $1,304,149 $286,774 ($1,017,375) -78% $24,161,214 $11,376,227 ($12,784,987) -53% $2,342,196,063 $2,378,291,983 $36,095,920 Major Household Appliances $1,957,782 $449,563 ($1,508,219) -77% $36,729,625 $12,606,720 ($24,122,905) -66% $3,613,144,749 $3,902,344,725 $289,199,976 Automotive Lubricants (incl Oil, Greases) $1,957,782 $449,563 ($1,508,219) -77% $36,729,625 $12,606,720 ($24,122,905) -66% $3,613,144,749 $3,902,344,725 $289,199,976 Floor/Floor Coverings $3,949,906 $958,372 ($2,991,535) -76% $73,119,806 $34,407,958 ($38,711,848) -53% $6,913,654,665 $7,156,128,686 $242,474,020 Photographic Equipment/Supplies $505,387 $125,780 ($379,607) -75% $9,341,308 $3,502,915 ($5,838,394) -63% $883,797,625 $1,279,879,245 $396,081,620 Televisions/VCR/Video Cameras/DVD etc $3,186,597 $805,790 ($2,380,807) -75% $59,571,719 $23,881,527 ($35,690,192) -60% $5,673,107,665 $7,926,097,890 $2,252,990,225 Drugs/Health Aids/Beauty Aids/Cosmetics $72,835,789 $18,982,794 ($53,852,995) -74% $1,343,327,330 $539,022,232 ($804,305,097) -60% $126,885,215,218 $98,012,504,874 ($28,872,710,344) Retailer Services $15,770,118 $4,214,701 ($11,555,417) -73% $294,161,487 $137,594,851 ($156,566,636) -53% $28,221,569,509 $28,107,394,569 ($114,174,941) Womens/Juniors/Misses Wear $17,951,008 $5,126,071 ($12,824,937) -71% $332,212,900 $209,675,892 ($122,537,008) -37% $31,819,106,169 $31,731,244,620 ($87,861,550) Hardware/Tools/Plumbing/Electrical Supplies $8,196,233 $2,374,486 ($5,821,747) -71% $151,639,963 $88,287,027 ($63,352,936) -42% $14,311,171,334 $16,035,634,466 $1,724,463,133 Autos/Cars/Vans/Trucks/Motorcycles $79,578,222 $23,098,067 ($56,480,155) -71% $1,488,088,105 $695,375,642 ($792,712,463) -53% $140,606,993,148 $134,494,858,664 ($6,112,134,484) Dimensional Lumber/Other Building Materials $11,339,895 $3,504,549 ($7,835,345) -69% $210,859,036 $125,011,481 ($85,847,555) -41% $20,104,708,743 $22,725,459,498 $2,620,750,755 Curtains/Draperies/Slipcovers/Bed/Coverings $2,430,240 $756,192 ($1,674,048) -69% $45,204,061 $28,353,472 ($16,850,589) -37% $4,413,148,643 $5,370,680,441 $957,531,798 Paints/Sundries/Wallpaper/Wall Coverings $2,055,440 $654,145 ($1,401,295) -68% $38,074,537 $22,887,911 ($15,186,626) -40% $3,599,140,287 $4,151,730,866 $552,590,579 Automotive Tires/Tubes/Batteries/Parts $16,604,263 $5,511,538 ($11,092,725) -67% $307,242,034 $155,451,517 ($151,790,517) -49% $28,923,289,891 $24,818,975,591 ($4,104,314,300) Mens Wear $7,002,520 $2,347,203 ($4,655,317) -66% $130,714,985 $91,878,040 ($38,836,946) -30% $12,549,205,818 $14,052,582,048 $1,503,376,229 Sporting Goods (incl Bicycles/Sports Vehicles) $5,306,224 $2,118,482 ($3,187,742) -60% $99,342,384 $57,982,479 ($41,359,905) -42% $9,477,265,767 $11,260,818,135 $1,783,552,368 Toys/Hobby Goods/Games $2,813,397 $1,155,725 ($1,657,672) -59% $52,348,554 $34,449,928 ($17,898,626) -34% $4,951,405,553 $6,388,916,732 $1,437,511,179 Packaged Liquor/Wine/Beer $9,570,693 $3,953,060 ($5,617,632) -59% $177,335,213 $107,984,201 ($69,351,012) -39% $16,796,421,649 $16,717,134,344 ($79,287,305) Groceries/Other Food Items (Off Premises) $77,255,064 $38,127,268 ($39,127,796) -51% $1,430,204,321 $1,003,939,396 ($426,264,925) -30% $135,228,920,123 $125,602,539,712 ($9,626,380,411) Childrens Wear/Infants/Toddlers Clothing $2,651,428 $1,362,526 ($1,288,902) -49% $49,628,385 $46,424,006 ($3,204,379) -6% $4,771,354,512 $6,407,173,823 $1,635,819,312 Cigars/Cigarettes/Tobacco/Accessories $6,040,830 $3,244,628 ($2,796,202) -46% $110,082,682 $90,800,918 ($19,281,763) -18% $10,317,429,352 $12,185,520,674 $1,868,091,322 Sewing/Knitting Materials/Supplies $280,830 $164,318 ($116,511) -41% $4,991,819 $3,128,739 ($1,863,080) -37% $479,676,181 $563,533,017 $83,856,836 Soaps/Detergents/Household Cleaners $2,277,168 $1,379,032 ($898,136) -39% $42,050,458 $35,156,236 ($6,894,222) -16% $4,034,747,173 $5,105,897,568 $1,071,150,395 Alcoholic Drinks Served at the Establishment $8,366,491 $5,321,707 ($3,044,784) -36% $202,478,376 $149,403,345 ($53,075,031) -26% $22,621,625,197 $19,714,439,710 ($2,907,185,487) Paper/Related Products $2,000,054 $1,333,182 ($666,872) -33% $36,789,751 $31,826,003 ($4,963,748) -13% $3,499,361,440 $4,607,335,209 $1,107,973,769 Optical Goods (incl Eyeglasses, Sunglasses) $1,084,611 $921,009 ($163,602) -15% $20,085,287 $19,222,854 ($862,433) -4% $1,979,434,128 $2,489,490,530 $510,056,402 Meats/Nonalcoholic Beverages $41,520,640 $35,474,516 ($6,046,123) -15% $857,356,682 $854,547,081 ($2,809,601) 0% $88,437,611,143 $96,555,267,352 $8,117,656,208 Automotive Fuels $35,171,127 $32,014,472 ($3,156,655) -9% $652,375,347 $840,845,358 $188,470,012 29% $61,202,584,268 $87,655,167,478 $26,452,583,210 Household Fuels (incl Oil, LP gas, Wood, Coal) $992,914 $1,351,808 $358,893 36% $18,264,438 $23,766,646 $5,502,208 30% $1,715,218,448 $2,557,929,777 $842,711,329 ©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 2 of 6 ...

EXHIBIT A
Consumer Demand & Market Supply Assessment
Site: City / County / State
Date Report Created: 1/15/2025
Marina CA Monterey County CA California
Data for this report is provided via the Market Outlook database from Synergos Technologies, Inc (STI).

Market Outlook is based on the following -
• the Consumer Expenditure Survey (CE), a program of the Bureau of Labor Statistics (BLS); • the U.S. Census Bureau’s monthly and annual Retail Trade (CRT) reports; • the Census Bureau’s Economic Census; with supporting demographic data from STI: PopStats data and STI: WorkPlace.

Market Outlook data covers 31 leading retail segments and 40 major product and service lines.

The difference between demand and supply represents the opportunity gap or surplus available for each retail outlet cited on the Market Outlook report for the specified trade area or reporting geography. When the demand is greater than (or less than) the supply, there is an opportunity gap (or surplus) for that retail outlet.

In other words, a negative value signifies an opportunity gap where the Consumer Demand is higher than the Market Supply, while a positive value signifies a surplus.

Consumer Demand/Market Supply Index:
n = 100 (Equilibrium)
n > 100 suggests demand is not being fully met within the market, consumers are leaving the area to shop n < 100 suggests supply exceeds demand, attracting consumers from outside the defined area ©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 3 of 6 ...

EXHIBIT A
Household Segmentation Profile
Market: City/County/State
Date: 1/23/2025
TOTAL HOUSEHOLDS 7,941 100% 132,952 100% 13,579,479 100% Segment Group Cluster Name
1A Top Shelf 434 5.5% 5,620 4.2% 1,000,983 7.4%
01 One Percenters 0 0.0% 3,572 2.7% 236,771 1.7%
02 Peak Performers 434 5.5% 2,037 1.5% 703,612 5.2%
03 Second City Achievers 0 0.0% 11 0.0% 60,600 0.4%
1B Affluent Suburbia 0 0.0% 10 0.0% 819,810 6.0%
04 Young Success 0 0.0% 0 0.0% 494,775 3.6%
05 Affluent Parents 0 0.0% 10 0.0% 142,515 1.0%
06 Best of Both Worlds 0 0.0% 0 0.0% 126,442 0.9%
09 Successful Urban Commuters 0 0.0% 0 0.0% 56,078 0.4% 2A New Suburban Families 0 0.0% 35 0.0% 543,548 4.0%
17 New American Dreams 0 0.0% 35 0.0% 78,657 0.6%
21 New Suburban Style 0 0.0% 0 0.0% 384,570 2.8%
34 Midwestern Comforts 0 0.0% 0 0.0% 21,369 0.2%
42 Rising Fortunes 0 0.0% 0 0.0% 58,952 0.4%
2B Older Empty Nest Families 0 0.0% 270 0.2% 283,031 2.1% 12 Mainstream Established Suburb 0 0.0% 1 0.0% 84,248 0.6% 15 Comfortable Retirement 0 0.0% 263 0.2% 128,028 0.9%
18 Small Town Middle Managers 0 0.0% 3 0.0% 7,077 0.1%
33 Noreasters 0 0.0% 3 0.0% 55,788 0.4%
41 All‐American 0 0.0% 0 0.0% 7,890 0.1%
3A Mid‐Income Rural 1 0.0% 2,771 2.1% 690,941 5.1%
13 Cowboy Country 0 0.0% 2,737 2.1% 509,954 3.8%
16 Spacious Suburbs 1 0.0% 20 0.0% 22,089 0.2%
20 Strong Individualists 0 0.0% 9 0.0% 142,083 1.0%
51 Low Cost Rural 0 0.0% 5 0.0% 16,815 0.1%
3B Urbanites 29 0.4% 2,387 1.8% 731,269 5.4%
38 Middle America 0 0.0% 0 0.0% 10,723 0.1%
44 Pacific Second City 29 0.4% 926 0.7% 548,236 4.0%
45 Northern Perseverance 0 0.0% 3 0.0% 22,203 0.2%
58 Urban Crowd 0 0.0% 1,458 1.1% 150,107 1.1%
3C Older Mid‐Income Households 0 0.0% 173 0.1% 206,610 1.5% 46 Individual Singles 0 0.0% 1 0.0% 22,483 0.2%
49 Retirement 0 0.0% 172 0.1% 184,127 1.4%
4A Rising Middle Income Families 4,546 57.2% 36,467 27.4% 2,885,817 21.3% 07 Upscale Diversity 0 0.0% 7 0.0% 288,262 2.1%
08 Living the Dream 3 0.0% 411 0.3% 192,745 1.4%
10 Emerging Leaders 24 0.3% 28,578 21.5% 1,014,276 7.5% 11 West Coast Affluence 4,519 56.9% 7,471 5.6% 1,390,534 10.2% 4B Young Aspirations 1,848 23.3% 76,841 57.8% 2,031,442 15.0% 14 American Playgrounds 1 0.0% 113 0.1% 155,237 1.1%
19 Outer Suburban Affluence 0 0.0% 0 0.0% 6,368 0.0%
22 Up and Coming Suburban Diver 2 0.0% 2 0.0% 79,898 0.6% 35 Generational Dreams 1,170 14.7% 74,850 56.3% 1,361,342 10.0% 40 Beltway Commuters 676 8.5% 1,876 1.4% 428,597 3.2%
Marina CA Monterey County CA California
Uses the Personicx household life stage segmentation system. More information about each cluster and lifestage group is available by clicking on the respective category. Page 1 of 3

EXHIBIT A
Household Segmentation Profile
Market: City/County/State
Date: 1/23/2025
TOTAL HOUSEHOLDS 7,941 100% 132,952 100% 13,579,479 100% Segment Group Cluster Name Marina CA Monterey County CA California 5A College Students and Recent Graduates 87 1.1% 600 0.5% 147,028 1.1% 57 College Towns 87 1.1% 357 0.3% 35,651 0.3%
67 Starting Out 0 0.0% 243 0.2% 111,377 0.8%
5B Middle America 0 0.0% 901 0.7% 354,524 2.6%
26 High Density Diversity 0 0.0% 0 0.0% 167,059 1.2%
36 Olde New England 0 0.0% 0 0.0% 16,770 0.1%
39 Second City Beginnings 0 0.0% 890 0.7% 119,291 0.9%
43 Classic Interstate Suburbia 0 0.0% 11 0.0% 51,404 0.4% 5C Upscale Young Singles and Couples 0 0.0% 1,641 1.2% 798,106 5.9% 25 Tech‐Savy Group 0 0.0% 33 0.0% 153,650 1.1%
27 Young Coastal Technocrats 0 0.0% 1,608 1.2% 644,456 4.7% 6A Ethnic and Small Town Groups 0 0.0% 2,322 1.7% 1,214,907 8.9% 31 Latino Workforce 0 0.0% 1,075 0.8% 770,557 5.7%
59 Hardworking Latino Families 0 0.0% 0 0.0% 312,044 2.3% 60 Immigrant 0 0.0% 1,225 0.9% 97,553 0.7%
64 Southern Cities 0 0.0% 20 0.0% 9,494 0.1%
65 Small Towns 0 0.0% 2 0.0% 25,259 0.2%
6B Blue Collar Urbanites 991 12.5% 1,139 0.9% 1,016,025 7.5% 28 Coastal Diversity 991 12.5% 1,110 0.8% 739,617 5.4%
30 True Grit 0 0.0% 0 0.0% 22,871 0.2%
32 Apartment Dwellers 0 0.0% 29 0.0% 253,537 1.9%
6C Industrial Remnants 0 0.0% 4 0.0% 56,551 0.4%
63 Southern Small Towns 0 0.0% 0 0.0% 27,048 0.2%
66 Metropolitan Blue Collar 0 0.0% 0 0.0% 1,169 0.0%
68 Rust Belt 0 0.0% 4 0.0% 28,334 0.2%
7A Military and Blue Collar 0 0.0% 12 0.0% 94,433 0.7%
61 Communal Living 0 0.0% 12 0.0% 33,163 0.2%
62 Blue Collar Diversity 0 0.0% 0 0.0% 61,270 0.5%
7B Rural Working Blues 5 0.1% 1,431 1.1% 576,527 4.2%
24 Remote Latino Neighborhoods 3 0.0% 1,149 0.9% 369,476 2.7% 29 Metropolitan 0 0.0% 0 0.0% 77,302 0.6%
47 Simply Southern 0 0.0% 42 0.0% 52,751 0.4%
48 Tex‐Mex 2 0.0% 195 0.1% 70,298 0.5%
53 Classic Southerners 0 0.0% 4 0.0% 2,493 0.0%
56 Blue Collar 0 0.0% 41 0.0% 4,207 0.0%
7C Ageing Small Town America 0 0.0% 328 0.2% 127,927 0.9% 23 Long‐Lasting Heartland 0 0.0% 22 0.0% 10,489 0.1%
37 Industrial Town 0 0.0% 7 0.0% 14,998 0.1%
50 Small Town 0 0.0% 4 0.0% 2,004 0.0%
52 Great Open Country 0 0.0% 270 0.2% 23,796 0.2%
54 Agricultural Areas 0 0.0% 24 0.0% 65,254 0.5%
55 Mining Areas 0 0.0% 1 0.0% 11,386 0.1%
Uses the AGS Panorama Segmentation system. More information is available by clicking on the respective cluster. Cluster names have been modified from originals. Page 2 of 3

EXHIBIT A
10th Street & 1st Ave. Marina, CA
5 Minutes 10 Minutes 15 Minutes
Population 24,598 57,036 87,446
Daytime Population 27,660 56,522 117,342
Households 7,938 18,470 29,862
Average Age 37.6 38 39
Average HH Income $114,850 $108,842 $117,626
White Collar (Residents) 63.8% 57.0% 58.7%
College Degree & Above 30.7% 27.1% 29.4%
www.hdlcompanies.com 714.879.5000

EXHIBIT A
Consumer Demographic Profile
Site: Site 2 - 10th Street & Ist Ave.

Date Report Created: 1/21/2025
#%#%#%
Market Stats
Population 24,598 --- 57,036 --- 87,446 ---
5 Year Projected Pop 26,139 --- 59,921 --- 91,402 ---
Pop Growth (%) 6.3% --- 5.1% --- 4.5% ---
Households 7,938 --- 18,470 --- 29,862 ---
5 Year Projected HHs 8,499 --- 19,487 --- 31,288 ---
HH Growth (%) 7.1% --- 5.5% --- 4.8% ---
Census Stats
2000 Population 19,573 --- 50,428 --- 77,804 ---
2010 Population 24,335 --- 56,644 --- 86,999 ---
Pop Growth (%) 24.3% --- 12.3% --- 11.8% ---
2000 Households 6,747 --- 16,282 --- 26,609 ---
2010 Households 7,828 --- 18,305 --- 29,668 ---
HH Growth (%) 16.0% --- 12.4% --- 11.5% ---
Total Population by Age
Average Age 37.6 38.0 39.0
19 yrs & under 6,054 24.6% 13,502 23.7% 20,041 22.9%
20 to 24 yrs 2,718 11.1% 6,008 10.5% 8,441 9.7%
25 to 34 yrs 3,720 15.1% 8,414 14.8% 12,650 14.5%
35 to 44 yrs 3,210 13.1% 7,908 13.9% 12,514 14.3%
45 to 54 yrs 2,568 10.4% 6,619 11.6% 10,032 11.5%
55 to 64 yrs 2,588 10.5% 6,230 10.9% 9,753 11.2%
65 to 74 yrs 2,258 9.2% 5,056 8.9% 8,249 9.4%
75 to 84 yrs 1,079 4.4% 2,390 4.2% 4,151 4.7%
85 + yrs 402 1.6% 909 1.6% 1,615 1.8%
Population Bases
20-34 yrs 6,439 26.2% 14,422 25.3% 21,091 24.1%
45-64 yrs 5,156 21.0% 12,848 22.5% 19,784 22.6%
16 yrs + 20,166 82.0% 46,106 80.8% 70,686 80.8%
25 yrs + 15,826 64.3% 37,525 65.8% 58,964 67.4%
65 yrs + 3,739 15.2% 8,355 14.6% 14,016 16.0%
75 yrs + 1,481 6.0% 3,299 5.8% 5,767 6.6%
85 yrs + 402 1.6% 909 1.6% 1,615 1.8%
5 Min Drive 10 Min Drive 15 Min Drive

0.0%

2.0%

4.0%

6.0%

8.0%
Pop Growth (%)

0.0%

2.0%

4.0%

6.0%

8.0%
HH Growth (%)

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

16.0%
20 to
24 yrs
25 to
34 yrs
35 to
44 yrs
45 to
54 yrs
55 to
64 yrs
65 to
74 yrs
75 to
84 yrs
Population by Age Group
©SDS, a division of x-span results, inc. Demographic data by PopStats.

EXHIBIT A
Population by Race
White 9,088 36.9% 17,939 31.5% 30,828 35.3%
Hispanic 7,718 31.4% 23,788 41.7% 36,190 41.4%
Black 1,326 5.4% 3,170 5.6% 4,005 4.6%
Asian 3,926 16.0% 6,961 12.2% 9,189 10.5%
Ancestry
American Indian (ancestry) 70 0.3% 185 0.3% 281 0.3%
Hawaiin (ancestry) 430 1.7% 927 1.6% 1,113 1.3%
Household Income
Per Capita Income $37,063 --- $35,245 --- $40,168 ---
Average HH Income $114,850 --- $108,842 --- $117,626 --- Median HH Income $87,785 --- $86,156 --- $92,294 ---
Less than $25K 859 10.8% 2,017 10.9% 2,997 10.0%
$25K to $34.9K 561 7.1% 1,415 7.7% 2,128 7.1%
$35K to $49.9K 774 9.8% 1,900 10.3% 2,662 8.9%
$50K to $74.9K 1,082 13.6% 2,558 13.8% 4,064 13.6%
$75K to $99.9K 1,299 16.4% 2,913 15.8% 4,371 14.6%
$100K to $149.9K 1,333 16.8% 3,365 18.2% 5,859 19.6%
$150K to $199.9K 827 10.4% 2,157 11.7% 3,820 12.8%
$200K + 1,203 15.2% 2,144 11.6% 3,960 13.3%
Education 15,826 37,525 58,964
Less than 9th Grade 859 5.4% 3,890 10.4% 6,162 10.5%
Some HS, No Diploma 905 5.7% 2,506 6.7% 3,806 6.5%
HS Grad (or Equivalent) 2,933 18.5% 7,396 19.7% 11,376 19.3% Some College, No Degree 4,036 25.5% 8,238 22.0% 12,133 20.6% Associate Degree 1,768 11.2% 4,166 11.1% 6,137 10.4%
Bachelor Degree 3,218 20.3% 6,759 18.0% 11,246 19.1%
Graduates Degree 1,643 10.4% 3,398 9.1% 6,064 10.3%

0.0%

5.0%

10.0%

15.0%

20.0%
Less
than
$25K
$25K
to
$34.9K
$35K
to
$49.9K
$50K
to
$74.9K
$75K
to
$99.9K
$100K
to
$149.9K
$150K
to
$199.9K
Household Income Levels ‐ %

0.0%

10.0%

20.0%

30.0%
HS Grad
(or
Equivalent)
Some
College, No
Degree
Associate
Degree
Bachelor
Degree Graduates
Degree
Education

0.0% 10.0% 20.0% 30.0% 40.0% 50.0%
White
Hispanic
Black
Asian
Ethnic Breakdown
©SDS, a division of x-span results, inc. Demographic data by PopStats.

EXHIBIT A
Family Structure 5,298 12,562 19,442
Single - Male 302 5.7% 612 4.9% 958 4.9%
Single - Female 476 9.0% 1,293 10.3% 1,886 9.7%
Single Parent - Male 112 2.1% 497 4.0% 676 3.5%
Single Parent - Female 490 9.3% 1,379 11.0% 1,876 9.7%
Married w/ Children 1,570 29.6% 3,785 30.1% 6,104 31.4% Married w/out Children 2,347 44.3% 4,997 39.8% 7,942 40.8% Household Size
1 Person 1,750 22.0% 3,964 21.5% 7,248 24.3%
2 People 2,429 30.6% 5,293 28.7% 8,801 29.5%
3 People 1,474 18.6% 3,250 17.6% 4,842 16.2%
4 to 6 People 2,057 25.9% 5,240 28.4% 7,844 26.3%
7+ People 229 2.9% 722 3.9% 1,126 3.8%
Home Ownership 7,938 18,470 29,862
Owners 3,010 37.9% 6,991 37.9% 12,062 40.4%
Renters 4,928 62.1% 11,479 62.1% 17,799 59.6%
Components of Change
Births
257 1.0% 615 1.1% 925 1.1%
Deaths 150 0.6% 344 0.6% 584 0.7%
Migration 228 0.9% 99 0.2% 17 0.0%
Employment (Pop 16+) 20,166 46,106 70,686
Armed Services 450 2.2% 871 1.9% 1,536 2.2%
Civilian 13,280 65.9% 30,259 65.6% 46,520 65.8%
Employed 11,546 57.3% 26,429 57.3% 40,569 57.4% 5 Min Drive 10 Min Drive 15 Min Drive Unemployed 1,735 8.6% 3,830 8.3% 5,951 8.4%
Not in Labor Force 6,886 34.1% 15,846 34.4% 24,166 34.2% Employed Population 11,546 26,429 40,569
White Collar 7,371 63.8% 15,058 57.0% 23,826 58.7%
Blue Collar 4,175 36.2% 11,371 43.0% 16,743 41.3%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%
1 Person 2 People 3 People 4 to 6
People
Household Size

0.0%

20.0%

40.0%

60.0%

80.0%
5 Min Drive 10 Min Drive 15 Min Drive
Civilian Employment
Employed Unemployed
©SDS, a division of x-span results, inc. Demographic data by PopStats.

EXHIBIT A
Employment By Occupation 11,546 26,429 40,569
White Collar 7,371 63.8% 15,058 57.0% 23,826 58.7%
Managerial executive 1,291 11.2% 2,956 11.2% 5,297 13.1% Prof specialty 3,270 28.3% 6,025 22.8% 9,683 23.9%
Healthcare support 349 3.0% 1,168 4.4% 1,650 4.1%
Sales 1,200 10.4% 2,430 9.2% 3,365 8.3%
Office Admin 1,261 10.9% 2,480 9.4% 3,831 9.4%
Blue Collar 4,175 36.2% 11,371 43.0% 16,743 41.3%
Protective 337 2.9% 575 2.2% 930 2.3%
Food Prep Serving 1,064 9.2% 2,855 10.8% 3,703 9.1%
Bldg Maint/Cleaning 636 5.5% 2,125 8.0% 2,636 6.5%
Personal Care 462 4.0% 1,055 4.0% 1,500 3.7%
Farming/Fishing/Forestry 83 0.7% 415 1.6% 1,177 2.9%
Construction 849 7.4% 2,236 8.5% 3,496 8.6%
Production Transp 743 6.4% 2,111 8.0% 3,301 8.1%
Employment By Industry 11,546 26,429 40,569
Agri Mining Const 833 7.2% 2,650 10.0% 5,078 12.5%
Manufacturing 437 3.8% 970 3.7% 1,694 4.2%
Transportation 581 5.0% 1,128 4.3% 1,360 3.4%
Information 124 1.1% 335 1.3% 516 1.3%
Wholesale Retail 1,591 13.8% 3,341 12.6% 4,729 11.7%
Fin Insur Real Estate 376 3.3% 824 3.1% 1,296 3.2%
Professional Services 685 5.9% 1,434 5.4% 2,414 6.0%
Management Services 4 0.0% 6 0.0% 8 0.0%
Admin Waste Services 598 5.2% 1,583 6.0% 2,338 5.8%
Educational services 3,021 26.2% 6,301 23.8% 10,127 25.0% Entertain services 1,842 16.0% 4,817 18.2% 6,571 16.2%
Other Prof services 451 3.9% 1,237 4.7% 1,879 4.6%
Public admin 1,002 8.7% 1,803 6.8% 2,558 6.3%

0.0%

5.0%

10.0%

15.0%
Industry Breakdown

0.0%

10.0%

20.0%

30.0%
Industry Breakdown Cont.
©SDS, a division of x-span results, inc. Demographic data by PopStats.

EXHIBIT A
Employment Profile
Site: Site 2 - 1oth Street & Ist Ave.

Date Report Created:

Daytime Population
Student Population
Median Employee Salary
Average Employee Salary
Wages
Salary/Wage per Employee per Annum
Under $15,000 CrYr 2.4% 3.1% 3.0%
15,000 to 30,000 CrYr 0.9% 1.0% 0.8%
30,000 to 45,000 CrYr 28.8% 32.2% 30.8%
45,000 to 60,000 CrYr 21.8% 22.8% 23.1%
60,000 to 75,000 CrYr 12.9% 12.8% 12.4%
75,000 to 90,000 CrYr 11.6% 10.6% 10.8%
90,000 to 100,000 CrYr 2.2% 2.4% 2.6%
Over 100,000 CrYr 19.5% 15.0% 16.6%
Industry Groups
# % # % # % # % # % # %
Total 671 100% 7,988 100% 1,597 100% 17,980 100% 3,540 100% 44,277 100% Accomodation & Food Services 58 8.7% 617 7.7% 139 8.7% 1,660 9.2% 273 7.7% 4,289 9.7% Administration & Support Services 21 3.2% 274 3.4% 59 3.7% 718 4.0% 129 3.7% 1,843 4.2% Agriculure, Forestry, Fishing, Hunting 2 0.4% 38 0.5% 6 0.4% 52 0.3% 21 0.6% 692 1.6% Arts, Entertainment, & Recreation 26 3.8% 265 3.3% 48 3.0% 551 3.1% 110 3.1% 2,025 4.6% Construction 39 5.8% 228 2.8% 130 8.1% 832 4.6% 237 6.7% 1,747 3.9% Educational Services 17 2.5% 1,008 12.6% 37 2.3% 1,437 8.0% 83 2.3% 2,780 6.3% Finance & Insurance 22 3.3% 58 0.7% 62 3.9% 228 1.3% 155 4.4% 703 1.6% Health Care & Social Assistance 137 20.4% 2,102 26.3% 242 15.1% 2,956 16.4% 721 20.4% 10,280 23.2% Information 11 1.7% 158 2.0% 33 2.1% 498 2.8% 71 2.0% 1,165 2.6% Management of Companies & Enterprises 0 0.0% 0 0.0% 1 0.0% 15 0.1% 6 0.2% 233 0.5% Manufacturing 24 3.5% 288 3.6% 67 4.2% 782 4.3% 100 2.8% 1,169 2.6% Mining 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 5 0.0%
Professional, Scientific, & Technical Services 36 5.3% 238 3.0% 88 5.5% 549 3.1% 358 10.1% 2,306 5.2% Real Estate, Rental, Leasing 44 6.6% 123 1.5% 79 4.9% 294 1.6% 171 4.8% 781 1.8% Retail Trade 89 13.2% 891 11.2% 252 15.8% 3,325 18.5% 422 11.9% 5,492 12.4% Transportation & Storage 14 2.1% 99 1.2% 34 2.1% 302 1.7% 68 1.9% 1,209 2.7% Utilities 1 0.1% 11 0.1% 3 0.2% 62 0.3% 4 0.1% 75 0.2%
Wholesale Trade 12 1.8% 45 0.6% 33 2.1% 161 0.9% 53 1.5% 314 0.7% Other Services 118 17.5% 1,546 19.3% 286 17.9% 3,557 19.8% 560 15.8% 7,168 16.2% 5 Min Drive 15 Min Drive10 Min Drive
1/21/2025
27,660 117,342
9,041 34,973
56,522
13,829
54,070
68,682 65,15663,486
Employee's
57,729 54,947
71 342
559
186
2,299 13,626
1,741 10,250
1,028 5,475
5,793
4,106
2,301
Establishments Employee'sEstablishments Employee's Establishments 1,903
426
2,706
# # #
924 4,781
190 1,323
177 1,136
1,558 7,344

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%
Employees by Industry
©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 1 of 2

EXHIBIT A
Employment Profile
Site: Site 2 - 1oth Street & Ist Ave.

Date Report Created:
5 Min Drive 15 Min Drive10 Min Drive
1/21/2025
Occupations
White Collar 61.0% 51.9% 56.1%
Architecture & Engineering 1.0% 1.2% 1.2%
Community & Social Science 4.2% 3.4% 3.8%
Computer/Mathematical Science 1.4% 1.4% 1.5%
Education, Training, & Library 10.0% 7.8% 6.1%
Entertainment & Media 1.8% 1.7% 2.0%
Healthcare Practitioners 12.0% 7.1% 9.5%
Healthcare Support 3.9% 2.8% 3.8%
Legal 0.3% 0.3% 0.7%
Life, Physical, & Social Science 1.2% 1.0% 1.1%
Management 5.4% 5.4% 5.5%
Office & Administrative Support 17.1% 16.9% 17.9%
Blue Collar 38.5% 47.8% 43.3%
Building & Grounds Cleaning & Maintenance 4.5% 4.2% 4.4% Construction 2.8% 4.0% 3.3%
Farming, Fishing, & Forestry 0.1% 0.1% 0.9%
Food Service 7.1% 8.0% 7.7%
Installation & Maintenance 2.7% 4.1% 3.5%
Personal Care & Service 2.9% 2.7% 3.2%
Production 2.9% 3.6% 2.9%
Protective Service 2.3% 2.1% 1.9%
Sales & Related 8.6% 13.1% 9.9%
Transportation & Material Moving 4.6% 5.9% 5.6%
Military Services 0.5% 0.3% 0.5%
Employee Totals and History
Current
2024 Q1
2023 Q4
2023 Q3
2023 Q2
2023 Q1
2022 Q4
2022 Q3
2022 Q2
18,073
7,988 44,27717,980
# of Employee's # of Employee's
4,874 24,856
7,714 42,236
7,884 45,415
8,097 44,377
17,237
18,182
81 18,429
15,384
6,796 36,966
7,683 42,380
7,616 46,489
15,095
7,941 46,331
6,935 37,459
17,203
18,200
511
332 1,661
214
605
113 656
802 2,712
143 895
259
1,397
313
956 4,215
308 1,681
27 330
1,276
498
58 92 473
435 2,452
3,078 19,194
184
969
8,602
3,416
1,553
375
359 1,964
221 1,470
12 384
751
716
23 1,446
734
2,359
1,068
37 1,265
186 828
689 4,405
365 2,479
482
568
219
1,365 7,940
9,331
3,036
229 1,429
230
# # #
22746
648
# of Employee's

0.0%

2.0%

4.0%

6.0%

8.0%

10.0%

12.0%

14.0%

16.0%

18.0%
Employees by Occupation
©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 2 of 2

EXHIBIT A
Consumer Demand & Market Supply Assessment
Site: Site 2 - 10th St & 1st Ave
Date Report Created: 1/21/2025
Demographics
Population 24,598 57,036 87,446
5-Year Population estimate 26,139 59,921 91,402
Population Households 22,114 54,222 84,388
Group Quarters Population 2,484 2,814 3,058
Households 7,938 18,470 29,862
5-Year Households estimate 8,499 19,487 31,288
WorkPlace Establishments 671 1,597 3,540
Workplace Employees 7,988 17,980 44,277
Median Household Income $87,785 $86,156 $92,294
Consumer Market Opportunity Consumer Market Opportunity Consumer Market Opportunity By Establishments Demand Supply Gap/Surplus Demand Supply Gap/Surplus Demand Supply Gap/Surplus Furniture Stores $5,399,326 $0 ($5,399,326) -100% $13,228,724 $7,555,748 ($5,672,976) -43% $20,194,576 $12,573,223 ($7,621,352) -38% Lawn/Garden Equipment/Supplies Stores $3,086,357 $0 ($3,086,357) -100% $7,558,017 $3,791,851 ($3,766,166) -50% $11,534,088 $9,734,438 ($1,799,650) -16% Jewelry/Luggage/Leather Goods $2,582,395 $0 ($2,582,395) -100% $6,327,564 $847,970 ($5,479,594) -87% $9,650,805 $4,017,362 ($5,633,442) -58% Used Merchandise Stores $1,507,828 $0 ($1,507,828) -100% $3,697,351 $1,021,745 ($2,675,606) -72% $5,630,669 $5,513,156 ($117,513) -2% Electronic Shopping/Mail Order Houses $101,393,124 $0 ($101,393,124) -100% $251,222,842 $0 ($251,222,842) -100% $397,180,918 $179,715,630 ($217,465,288) -55% Vending Machine Operators (Non-Store) $3,515,776 $0 ($3,515,776) -100% $8,671,558 $45,462 ($8,626,096) -99% $13,377,698 $6,168,444 ($7,209,254) -54% Other Motor Vehicle Dealers $6,219,334 $708,981 ($5,510,353) -89% $15,261,215 $2,843,762 ($12,417,453) -81% $23,255,498 $6,689,862 ($16,565,635) -71% Other Misc. Store Retailers $7,880,316 $1,032,835 ($6,847,481) -87% $19,334,526 $6,046,065 ($13,288,461) -69% $29,395,924 $13,399,092 ($15,996,832) -54% Shoe Stores $2,657,409 $412,479 ($2,244,930) -84% $6,547,709 $2,995,631 ($3,552,078) -54% $9,976,773 $7,371,529 ($2,605,244) -26% Automotive Dealers $90,499,510 $19,606,865 ($70,892,645) -78% $222,395,133 $300,991,899 $78,596,766 35% $338,716,680 $358,189,909 $19,473,230 6% Book/Periodical/Music Stores $1,141,268 $251,489 ($889,779) -78% $2,817,342 $1,089,786 ($1,727,556) -61% $4,314,398 $3,279,696 ($1,034,701) -24% Home Furnishing Stores $4,506,450 $1,014,375 ($3,492,075) -77% $11,080,513 $2,322,843 ($8,757,670) -79% $16,848,247 $4,973,865 ($11,874,382) -70% Clothing Stores $18,295,912 $5,260,369 ($13,035,543) -71% $44,970,655 $15,969,618 ($29,001,037) -64% $68,383,553 $39,860,551 ($28,523,002) -42% Electronics/Appliance $5,935,095 $1,887,690 ($4,047,405) -68% $14,849,099 $6,544,780 ($8,304,318) -56% $25,263,892 $9,103,470 ($16,160,422) -64% Bar/Drinking Places (Alcoholic Beverages) $1,202,840 $411,751 ($791,089) -66% $3,126,581 $1,647,005 ($1,479,576) -47% $6,439,569 $10,609,022 $4,169,453 65% Building Material/Supplies Dealers $28,209,233 $9,696,647 ($18,512,586) -66% $69,385,945 $40,689,056 ($28,696,889) -41% $105,392,807 $60,454,573 ($44,938,233) -43% Office Supplies/Stationary/Gift $1,992,250 $685,680 ($1,306,570) -66% $4,915,366 $3,593,855 ($1,321,511) -27% $7,741,599 $5,684,754 ($2,056,845) -27% Florists/Misc. Store Retailers $761,140 $284,332 ($476,808) -63% $1,863,811 $911,926 ($951,885) -51% $2,844,506 $3,156,529 $312,023 11% Beer/Wine/Liquor Stores $4,308,807 $1,642,305 ($2,666,502) -62% $10,592,748 $3,608,407 ($6,984,341) -66% $16,184,286 $7,830,945 ($8,353,340) -52% Grocery Stores $49,303,651 $21,996,854 ($27,306,797) -55% $121,404,922 $70,959,777 ($50,445,144) -42% $184,888,338 $142,938,806 ($41,949,532) -23% Other General Merchandise Stores $51,303,538 $25,727,219 ($25,576,319) -50% $126,405,261 $110,614,100 ($15,791,160) -12% $192,741,322 $129,125,864 ($63,615,458) -33% Automotive Parts/Accessories/Tire $7,841,323 $4,323,438 ($3,517,886) -45% $19,371,830 $15,370,300 ($4,001,530) -21% $29,341,484 $26,902,893 ($2,438,591) -8% Department Stores $8,400,975 $5,474,444 ($2,926,531) -35% $20,678,411 $43,490,852 $22,812,441 110% $31,482,450 $67,850,536 $36,368,087 116% Sporting Goods/Hobby/Musical Instrument $6,059,346 $3,948,643 ($2,110,702) -35% $14,907,135 $6,856,272 ($8,050,863) -54% $22,672,738 $15,516,559 ($7,156,180) -32% Direct Selling Establishments $2,780,197 $1,837,521 ($942,676) -34% $6,847,594 $3,649,226 ($3,198,368) -47% $10,428,255 $4,185,464 ($6,242,791) -60% Health/Personal Care Stores $25,006,708 $16,758,052 ($8,248,656) -33% $61,716,814 $44,081,418 ($17,635,397) -29% $93,498,048 $98,471,122 $4,973,074 5% Special Food Services $3,772,751 $2,613,873 ($1,158,878) -31% $9,483,849 $16,001,512 $6,517,663 69% $16,536,405 $56,247,285 $39,710,879 240% Full-Service Restaurants $20,929,090 $16,160,783 ($4,768,307) -23% $53,253,775 $44,254,383 ($8,999,392) -17% $98,965,774 $109,336,690 $10,370,915 10% Gasoline Stations $38,349,616 $30,108,026 ($8,241,590) -21% $94,599,544 $88,235,534 ($6,364,010) -7% $143,784,691 $164,019,480 $20,234,790 14% Limited-Service Eating Places $22,020,794 $19,295,647 ($2,725,147) -12% $55,353,111 $47,328,572 ($8,024,539) -14% $96,413,507 $102,478,351 $6,064,844 6% Specialty Food Stores $2,705,912 $5,008,531 $2,302,619 85% $6,662,344 $15,507,736 $8,845,391 133% $10,152,945 $25,568,835 $15,415,890 152% Consumer Demand/Market Supply Index $529,568,268 $196,148,829 270 $1,308,531,287 $908,867,092 144 $2,043,232,438 $1,690,967,937 121 5 Min Drive 10 Min Drive 15 Min Drive
©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 1 of 3

EXHIBIT A
Consumer Demand & Market Supply Assessment
Site: Site 2 - 10th St & 1st Ave
Date Report Created: 1/21/2025
5 Min Drive 10 Min Drive 15 Min Drive
Consumer Market Opportunity Consumer Market Opportunity Consumer Market Opportunity By Major Product Lines Demand Supply Gap/Surplus Demand Supply Gap/Surplus Demand Supply Gap/Surplus Computer Hardware/Software/Supplies $10,841,411 $494,283 ($10,347,128) -95% $28,702,130 $1,863,028 ($26,839,103) -94% $62,584,045 $16,018,496 ($46,565,549) -74% Furniture/Sleep/Outdoor/Patio Furniture $15,964,742 $1,016,632 ($14,948,111) -94% $39,111,137 $11,647,691 ($27,463,446) -70% $59,702,189 $29,771,540 ($29,930,649) -50% Jewelry (including Watches) $4,394,832 $418,110 ($3,976,722) -90% $10,767,638 $2,876,202 ($7,891,435) -73% $16,428,167 $10,605,646 ($5,822,521) -35% All Other Merchandise $23,075,704 $2,862,106 ($20,213,598) -88% $56,545,783 $12,848,357 ($43,697,426) -77% $86,042,163 $44,398,732 ($41,643,431) -48% Audio Equipment/Musical Instruments $3,426,404 $443,371 ($2,983,033) -87% $8,431,044 $1,548,520 ($6,882,524) -82% $12,802,687 $5,822,417 ($6,980,269) -55% Books/Periodicals $1,990,744 $280,484 ($1,710,261) -86% $4,915,943 $1,258,407 ($3,657,536) -74% $7,455,297 $5,433,481 ($2,021,816) -27% Lawn/Garden/Farm Equipment/Supplies $8,575,345 $1,617,057 ($6,958,288) -81% $20,998,295 $9,693,985 ($11,304,310) -54% $32,051,865 $23,522,440 ($8,529,425) -27% Pets/Pet Foods/Pet Supplies $4,750,675 $897,062 ($3,853,613) -81% $11,603,511 $4,579,981 ($7,023,529) -61% $17,724,327 $8,946,878 ($8,777,449) -50% Footwear, including Accessories $7,403,219 $1,415,703 ($5,987,517) -81% $18,245,312 $6,742,408 ($11,502,904) -63% $27,806,577 $18,752,594 ($9,053,983) -33% Kitchenware/Home Furnishings $6,922,627 $1,323,903 ($5,598,725) -81% $17,064,097 $5,480,522 ($11,583,574) -68% $25,917,445 $15,898,161 ($10,019,283) -39% Small Electric Appliances $1,307,834 $281,883 ($1,025,951) -78% $3,196,184 $1,337,650 ($1,858,533) -58% $4,869,761 $3,435,499 ($1,434,261) -29% Autos/Cars/Vans/Trucks/Motorcycles $80,029,205 $17,332,688 ($62,696,517) -78% $196,707,466 $261,414,292 $64,706,827 33% $299,603,248 $313,517,977 $13,914,729 5% Retailer Services $15,863,302 $3,633,592 ($12,229,710) -77% $38,739,613 $33,247,280 ($5,492,333) -14% $59,240,551 $48,461,862 ($10,778,689) -18% Major Household Appliances $1,979,540 $472,828 ($1,506,712) -76% $4,787,630 $2,027,702 ($2,759,928) -58% $7,362,229 $3,339,590 ($4,022,640) -55% Automotive Lubricants (incl Oil, Greases) $1,979,540 $472,828 ($1,506,712) -76% $4,787,630 $2,027,702 ($2,759,928) -58% $7,362,229 $3,339,590 ($4,022,640) -55% Photographic Equipment/Supplies $504,718 $123,434 ($381,284) -76% $1,252,166 $502,002 ($750,164) -60% $1,894,684 $1,028,872 ($865,812) -46% Womens/Juniors/Misses Wear $18,007,652 $4,447,201 ($13,560,451) -75% $44,169,481 $18,616,643 ($25,552,838) -58% $67,173,758 $50,632,164 ($16,541,593) -25% Televisions/VCR/Video Cameras/DVD etc $3,199,620 $791,680 ($2,407,940) -75% $7,909,267 $3,399,406 ($4,509,861) -57% $12,016,296 $7,056,943 ($4,959,353) -41% Drugs/Health Aids/Beauty Aids/Cosmetics $72,774,442 $18,735,884 ($54,038,558) -74% $179,712,337 $59,249,878 ($120,462,459) -67% $272,125,995 $165,206,696 ($106,919,299) -39% Floor/Floor Coverings $3,954,766 $1,054,381 ($2,900,385) -73% $9,760,113 $3,762,564 ($5,997,549) -61% $14,792,852 $7,020,313 ($7,772,539) -53% Mens Wear $7,042,798 $2,107,160 ($4,935,638) -70% $17,341,165 $8,940,154 ($8,401,011) -48% $26,347,895 $23,305,932 ($3,041,963) -12% Curtains/Draperies/Slipcovers/Bed/Coverings $2,448,024 $742,291 ($1,705,733) -70% $5,959,311 $3,521,255 ($2,438,056) -41% $9,122,854 $8,132,548 ($990,306) -11% Automotive Tires/Tubes/Batteries/Parts $16,619,786 $5,131,734 ($11,488,052) -69% $41,091,535 $29,668,597 ($11,422,938) -28% $62,199,142 $48,543,337 ($13,655,805) -22% Hardware/Tools/Plumbing/Electrical Supplies $8,210,642 $2,775,337 ($5,435,305) -66% $20,240,293 $11,883,076 ($8,357,217) -41% $30,621,169 $19,744,269 ($10,876,901) -36% Dimensional Lumber/Other Building Materials $11,377,341 $4,216,569 ($7,160,771) -63% $27,999,337 $17,694,056 ($10,305,281) -37% $42,539,746 $26,360,708 ($16,179,037) -38% Paints/Sundries/Wallpaper/Wall Coverings $2,060,766 $781,200 ($1,279,566) -62% $5,087,261 $3,292,717 ($1,794,545) -35% $7,711,548 $4,878,141 ($2,833,407) -37% Packaged Liquor/Wine/Beer $9,604,494 $3,897,105 ($5,707,389) -59% $23,573,854 $11,712,037 ($11,861,818) -50% $35,881,790 $23,680,282 ($12,201,508) -34% Toys/Hobby Goods/Games $2,827,605 $1,172,113 ($1,655,492) -59% $6,978,106 $4,095,846 ($2,882,260) -41% $10,587,634 $10,367,474 ($220,161) -2% Sporting Goods (incl Bicycles/Sports Vehicles) $5,349,164 $2,246,119 ($3,103,045) -58% $13,169,022 $5,376,052 ($7,792,970) -59% $20,043,981 $17,134,193 ($2,909,788) -15% Childrens Wear/Infants/Toddlers Clothing $2,686,216 $1,212,418 ($1,473,798) -55% $6,651,879 $5,774,639 ($877,239) -13% $10,099,012 $12,168,037 $2,069,025 20% Groceries/Other Food Items (Off Premises) $77,340,951 $36,945,249 ($40,395,702) -52% $190,338,143 $132,233,247 ($58,104,895) -31% $289,093,918 $226,247,529 ($62,846,390) -22% Cigars/Cigarettes/Tobacco/Accessories $6,008,206 $3,099,019 ($2,909,187) -48% $14,910,975 $10,863,507 ($4,047,469) -27% $22,390,911 $18,528,825 ($3,862,086) -17% Soaps/Detergents/Household Cleaners $2,273,220 $1,384,472 ($888,748) -39% $5,614,283 $5,792,517 $178,233 3% $8,506,081 $8,854,974 $348,893 4% Alcoholic Drinks Served at the Establishment $8,457,157 $5,304,555 ($3,152,602) -37% $22,078,703 $15,129,120 ($6,949,584) -31% $46,343,732 $43,365,329 ($2,978,404) -6% Sewing/Knitting Materials/Supplies $277,107 $174,238 ($102,869) -37% $674,522 $415,834 ($258,688) -38% $1,019,737 $884,356 ($135,382) -13% Paper/Related Products $1,996,740 $1,318,382 ($678,358) -34% $4,917,877 $5,564,656 $646,779 13% $7,442,125 $8,150,884 $708,760 10% Meats/Nonalcoholic Beverages $41,829,223 $34,330,329 ($7,498,894) -18% $105,110,400 $98,419,050 ($6,691,350) -6% $182,733,232 $241,510,292 $58,777,060 32% Automotive Fuels $35,260,133 $28,999,890 ($6,260,243) -18% $86,961,325 $88,390,302 $1,428,977 2% $132,004,883 $157,476,860 $25,471,976 19% Optical Goods (incl Eyeglasses, Sunglasses) $1,087,909 $912,388 ($175,521) -16% $2,659,212 $2,776,048 $116,836 4% $4,059,699 $5,692,216 $1,632,517 40% Household Fuels (incl Oil, LP gas, Wood, Coal) $989,511 $1,340,034 $350,524 35% $2,438,064 $2,942,186 $504,122 21% $3,690,133 $3,751,350 $61,217 2% ©SDS, a division of x-span results, inc. Data by STI. All rights reserved. Page 2 of 3

EXHIBIT A
Consumer Demand & Market Supply Assessment
Site: Site 2 - 10th St & 1st Ave
Date Report Created: 1/21/2025
5 Min Drive 10 Min Drive 15 Min Drive
Data for this report is provided via the Market Outlook database from Synergos Technologies, Inc (STI).

Market Outlook data covers 31 leading retail segments and 40 major product and service lines.

In other words, a negative value signifies an opportunity gap where the Consumer Demand is higher than the Market Supply, while a positive value signifies a surplus.

EXHIBIT A
Site: Site 2 ‐ 10th Street & 1st Ave.

Date: 1/21/2025
5 Min Drive 10 Min Drive 15 Min Drive
1A Top Shelf 5.0% 2.3% ##
1B Affluent Suburbia 0.0% 0.0% ##
2A New Suburban Families 0.0% 0.0% ##
2B Older Empty Nest Families 0.0% 0.0% ##
3A Mid‐Income Rural 0.0% 0.1% ##
3B Urbanites 2.9% 4.2% ##
3C Older Mid‐Income Households 0.0% 0.0% ##
4A Rising Middle Income Families 54.1% 36.8% ##
4B Young Aspirations 25.6% 45.7% ##
5A College Students and Recent Gradu 1.9% 2.2% ##
5B Middle America 0.0% 3.0% ##
5C Upscale Young Singles and Couples 0.0% 0.0% ##
6A Ethnic and Small Town Groups 0.0% 0.4% ##
6B Blue Collar Urbanites 10.4% 5.3% ##
6C Industrial Remnants 0.0% 0.0% ##
7A Military and Blue Collar 0.0% 0.0% ##
7B Rural Working Blues 0.1% 0.1% ##
7C Ageing Small Town America 0.0% 0.0% ##
SUM(F11,F16,F22,F28,F35,F41,F47,F51,F 57,F64,F68,F75,F79,F86,F91,F96,F100,F108) Total Households 8,174 100% 18,621 100% 30,071 100%
Rank * Cluster Lifestage Group Households % Households % Households % 1 11 West Coast Affluence 4A Rising Middle Income Families 3,662 44.8% 5,339 28.7% 6,228 20.7% 2 35 Generational Dreams 4B Young Aspirations 1,357 16.6% 7,381 39.6% 11,123 37.0% 3 28 Coastal Diversity 6B Blue Collar Urbanites 853 10.4% 981 5.3% 1,065 3.5% 4 10 Emerging Leaders 4A Rising Middle Income Families 756 9.3% 1,489 8.0% 5,590 18.6% 5 40 Beltway Commuters 4B Young Aspirations 707 8.7% 1,065 5.7% 1,840 6.1% 6 02 Peak Performers 1A Top Shelf 412 5.0% 435 2.3% 435 1.4% 7 58 Urban Crowd 3B Urbanites 195 2.4% 644 3.5% 1,293 4.3% 8 57 College Towns 5A College Students and Re cent Graduates 151 1.9% 164 0.9% 164 0.5% 9 44 Pacific Second City 3B Urbanites 39 0.5% 133 0.7% 461 1.5% 10 14 American Playgrounds 4B Young Aspirations 30 0.4% 53 0.3% 54 0.2% * Rank is based on Trade Area 1 cluster size
Household Segmentation Profile
5 Min Drive 10 Min Drive 15 Min Drive
5 Min Drive 10 Min Drive 15 Min Drive

0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0%
1A Top Shelf
1B Affluent Suburbia
2A New Suburban Families
2B Older Empty Nest Families
3A Mid‐Income Rural
3B Urbanites
3C Older Mid‐Income Households
4A Rising Middle Income Families
4B Young Aspirations
5A College Students and Recent Graduates
5B Middle America
5C Upscale Young Singles and Couples
6A Ethnic and Small Town Groups
6B Blue Collar Urbanites
6C Indus
trial Remnants
7A Military and Blue Collar
7B Rural Working Blues
7C Ageing Small Town America
Household Lifestage Group Comparison
Uses the AGS Panorama Segmentation system. More information is available by clicking on the respective cluster. Cluster names have been modified from the originals. Page 1 of 3

EXHIBIT A
Household Segmentation Profile
Date: 1/21/2025
TOTAL HOUSEHOLDS 8,174 100% 18,621 100% 30,071 100%
Segment Group Cluster Name
1A Top Shelf 412 5.0% 435 2.3% 447 1.5%
01 One Percenters 0 0.0% 0 0.0% 12 0.0%
02 Peak Performers 412 5.0% 435 2.3% 435 1.4%
03 Second City Achievers 0 0.0% 0 0.0% 0 0.0%
1B Affluent Suburbia 0 0.0% 0 0.0% 0 0.0%
04 Young Success 0 0.0% 0 0.0% 0 0.0%
05 Affluent Parents 0 0.0% 0 0.0% 0 0.0%
06 Best of Both Worlds 0 0.0% 0 0.0% 0 0.0%
09 Successful Urban Commuters 0 0.0% 0 0.0% 0 0.0%
2A New Suburban Families 0 0.0% 0 0.0% 13 0.0%
17 New American Dreams 0 0.0% 0 0.0% 13 0.0%
21 New Suburban Style 0 0.0% 0 0.0% 0 0.0%
34 Midwestern Comforts 0 0.0% 0 0.0% 0 0.0%
42 Rising Fortunes 0 0.0% 0 0.0% 0 0.0%
2B Older Empty Nest Families 0 0.0% 0 0.0% 0 0.0%
12 Mainstream Established Suburb 0 0.0% 0 0.0% 0 0.0%
15 Comfortable Retirement 0 0.0% 0 0.0% 0 0.0%
18 Small Town Middle Managers 0 0.0% 0 0.0% 0 0.0%
33 Noreasters 0 0.0% 0 0.0% 0 0.0%
41 All‐American 0 0.0% 0 0.0% 0 0.0%
3A Mid‐Income Rural 2 0.0% 24 0.1% 126 0.4%
13 Cowboy Country 1 0.0% 23 0.1% 124 0.4%
16 Spacious Suburbs 1 0.0% 1 0.0% 1 0.0%
20 Strong Individualists 0 0.0% 0 0.0% 0 0.0%
51 Low Cost Rural 0 0.0% 0 0.0% 1 0.0%
3B Urbanites 234 2.9% 777 4.2% 1,754 5.8%
38 Middle America 0 0.0% 0 0.0% 0 0.0%
44 Pacific Second City 39 0.5% 133 0.7% 461 1.5%
45 Northern Perseverance 0 0.0% 0 0.0% 0 0.0%
58 Urban Crowd 195 2.4% 644 3.5% 1,293 4.3%
3C Older Mid‐Income Households 0 0.0% 0 0.0% 0 0.0%
46 Individual Singles 0 0.0% 0 0.0% 0 0.0%
49 Retirement 0 0.0% 0 0.0% 0 0.0%
4A Rising Middle Income Families 4,422 54.1% 6,859 36.8% 11,911 39.6% 07 Upscale Diversity 0 0.0% 0 0.0% 0 0.0%
08 Living the Dream 3 0.0% 31 0.2% 92 0.3%
10 Emerging Leaders 756 9.3% 1,489 8.0% 5,590 18.6%
11 West Coast Affluence 3,662 44.8% 5,339 28.7% 6,228 20.7% 4B Young Aspirations 2,096 25.6% 8,501 45.7% 13,019 43.3% 14 American Playgrounds 30 0.4% 53 0.3% 54 0.2%
19 Outer Suburban Affluence 0 0.0% 0 0.0% 0 0.0%
22 Up and Coming Suburban Diver 1 0.0% 2 0.0% 2 0.0%
35 Generational Dreams 1,357 16.6% 7,381 39.6% 11,123 37.0% 40 Beltway Commuters 707 8.7% 1,065 5.7% 1,840 6.1%
5 Min Drive 10 Min Drive 15 Min Drive
Uses the AGS Panorama Segmentation system. More information is available by clicking on the respective cluster. Cluster names have been modified from originals. Page 2 of 3

EXHIBIT A
Household Segmentation Profile
Date: 1/21/2025
TOTAL HOUSEHOLDS 8,174 100% 18,621 100% 30,071 100%
Segment Group Cluster Name 5 Min Drive 10 Min Drive 15 Min Drive 5A College Students and Recent Graduates 151 1.9% 406 2.2% 406 1.4% 57 College Towns 151 1.9% 164 0.9% 164 0.5%
67 Starting Out 0 0.0% 242 1.3% 242 0.8%
5B Middle America 0 0.0% 553 3.0% 634 2.1%
26 High Density Diversity 0 0.0% 0 0.0% 0 0.0%
36 Olde New England 0 0.0% 0 0.0% 0 0.0%
39 Second City Beginnings 0 0.0% 547 2.9% 623 2.1%
43 Classic Interstate Suburbia 0 0.0% 6 0.0% 11 0.0%
5C Upscale Young Singles and Couples 0 0.0% 0 0.0% 448 1.5% 25 Tech‐Savy Group 0 0.0% 0 0.0% 0 0.0%
27 Young Coastal Technocrats 0 0.0% 0 0.0% 448 1.5%
6A Ethnic and Small Town Groups 0 0.0% 70 0.4% 161 0.5% 31 Latino Workforce 0 0.0% 0 0.0% 0 0.0%
59 Hardworking Latino Families 0 0.0% 0 0.0% 0 0.0%
60 Immigrant 0 0.0% 66 0.4% 145 0.5%
64 Southern Cities 0 0.0% 4 0.0% 14 0.0%
65 Small Towns 0 0.0% 0 0.0% 2 0.0%
6B Blue Collar Urbanites 853 10.4% 981 5.3% 1,069 3.6%
28 Coastal Diversity 853 10.4% 981 5.3% 1,065 3.5%
30 True Grit 0 0.0% 0 0.0% 0 0.0%
32 Apartment Dwellers 0 0.0% 0 0.0% 4 0.0%
6C Industrial Remnants 0 0.0% 0 0.0% 2 0.0%
63 Southern Small Towns 0 0.0% 0 0.0% 0 0.0%
66 Metropolitan Blue Collar 0 0.0% 0 0.0% 0 0.0%
68 Rust Belt 0 0.0% 0 0.0% 2 0.0%
7A Military and Blue Collar 0 0.0% 0 0.0% 1 0.0%
61 Communal Living 0 0.0% 0 0.0% 1 0.0%
62 Blue Collar Diversity 0 0.0% 0 0.0% 0 0.0%
7B Rural Working Blues 50 . 1 % 1 60 . 1 % 6 50 . 2 %
24 Remote Latino Neighborhoods 3 0.0% 7 0.0% 49 0.2%
29 Metropolitan 0 0.0% 0 0.0% 0 0.0%
47 Simply Southern 0 0.0% 0 0.0% 0 0.0%
48 Tex‐Mex 2 0.0% 8 0.0% 15 0.1%
53 Classic Southerners 0 0.0% 1 0.0% 1 0.0%
56 Blue Collar 0 0.0% 0 0.0% 0 0.0%
7C Ageing Small Town America 0 0.0% 0 0.0% 15 0.0%
23 Long‐Lasting Heartland 0 0.0% 0 0.0% 0 0.0%
37 Industrial Town 0 0.0% 0 0.0% 0 0.0%
50 Small Town 0 0.0% 0 0.0% 0 0.0%
52 Great Open Country 0 0.0% 0 0.0% 13 0.0%
54 Agricultural Areas 0 0.0% 0 0.0% 2 0.0%
55 Mining Areas 0 0.0% 0 0.0% 0 0.0%
Uses the AGS Panorama Segmentation system. More information is available by clicking on the respective cluster. Cluster names have been modified from originals. Page 3 of 3

EXHIBIT A
April 11, 2025 Item No. 13c

Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 15, 2025

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 202 5- ,

AUTHORIZING A LEASE AGREEMENT BETWEEN LAS ANIMAS CONCRETE AND BUILDING SUPPLY, INC. (DBA LAS ANIMAS CONCRETE , MARINA );

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON

BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY ; AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES.

RECOMMENDATION: It is recommended that the City Council consider adopting Resolution No. 2025-___ to:

1. Authorize a lease agreement, attached as Exhibit D, between the City and Las Animas Concrete and Building Supply, Inc. (DBA Las Animas Concrete, Marina) from the period beginning on the date of execution and terminating on December 31, 2026, but which provides that tenant will cease operations of the batch plant on or before December 31, 2025. Thereafter, from January 1, 2026 , the tenant will have up to twelve months dismantle operations and return the site to its pre-lease condition in 2005;

2. Authorize the City Manager to execute the lease agreement on behalf of the City, subject to final review and approval by the City Attorney; and

3. Authorize the Finance Director to make necessary accounting and budgetary entries.

BACKGROUND
On August 9, 2005, the City, acting as the agent of the Fort Ord Reuse Authority (“FORA”), entered into that certain “Lease Agreement for Concrete Batch Plant” (the “Interim Lease”) for property located at 499 Ninth Street (Assessor’s Parcel Numbers 031-201-014 and -016).

On August 31, 2005, the City accepted a Quitclaim Deed from FORA for real property which included the property leased to the Las Animas Concrete’s predecessor, Las Animas Concrete, LLC (LAC LLC). The Interim Lease continued as a direct lease from the City through the Redevelopment Agency of the City of Marina (“RDA”).

The Interim Lease terminated on February 5, 2006 upon the execution of a 5-year Lease Agreement for Concrete Batch Plant which was effective that date (“Lease”). ( See Exhibit B, 2006 Lease Agreement with Amendments.)

On September 29, 2008, the RDA and LAC LLC entered into Amendment No. 1 to Lease for Concrete Batch Plant (“Amendment No. 1”), which provided for: (1) changing the title of the 5 - Year Lease to “Lease Agreement for Concrete Batch Plant ”; amending the term of the 5 -Year Agreement to provide for a term of seven (7) years commencing on February 5, 2006 and terminating February 4, 2013, contingent upon the term of the Use Permit; granting to LAC LLC a conditional right and option to extend the term of the 5 -year Lease for an additional period of two (2) years following the expiration date of February 4, 2013. (See Exhibit B.)

1 On March 10, 2011, by Quitclaim Deed, the RDA granted the real property which is the subject of the Lease Agreement for Concrete Batch Plant to the City.

On July 3, 2012, the City and LAC LLC entered into a Second Amendment to the Lease Agreement for Concrete Batch Plant (“Amendment No. 2”), which provided for: (1) changing the term of the Agreement to eleven (11) years, commencing on February 5, 2006, and terminating on February 4, 2017 ; (2) establishing th at LAC LLC shall have no option to extend the term of the Lease ; and (3) establishing that the Lease terminated at any time by mutual agreement of the parties with thirty (30) days prior written notice. The Lease, thus, terminated by its own terms on or about February 6, 2017. (See Exhibit B.)

In 2023, LAC LLC met with the City to discuss entering into a new lease, and in reviewing the permit history for this site, staff discovered that the Use Permit was expired and informed LAC LLC that a new Use Permit would be required to continue operating at the subject property.

On October 19, 2023, LAC LLC submitted application materials for a new Conditional Use Permit (CU 23-002) (“CUP”) to allow LAC LLC to continue operation for up to three (3) years with one (1) additional year for decommissioning the batch plant located on the subject property.

On or about May 30, 2024, LAC LLC dissolved and the business was transferred to Las Animas Concrete & Building Supply, Inc., DBA Las Animas Concrete, Marina, prior to that dissolution.

On August 9, 2024, the City of Marina submitted the draft Initial Study (IS) and Negative Declaration (ND) for the Las Animas Batch Concrete Processing Use Permit Project to the State Clearing House (SCH No: 2024080409) with a state and local 30-day review period.

On October 24, 2024, the City of Marina Planning Commission (“Planning Commission”), at a duly noticed public hearing, considered all of the information presented to it, including the staff report and information submitted at the public hearing by interested persons. The Planning Commission adopted Resolution No. 24 -20, approving the CUP to allow continued operation of the Batch Plant, subject to conditions of approval, including entering into a new lease agreement with the City. (See Exhibit C, CUP.)

ANALYSIS
On October 24, 2024, the Planning Commission approved a conditional use permit to reauthorize a concrete batch plant on the subject property with the express condition that the approval of a lease agreement with the City would be required (See Condition No. 14 of Exhibit C.). The City Council has directed staff to prepare a lease agreement to allow the business to remain operational on the subject property until December 31, 2025. Thereafter, from January 1, 202 6, the tenant will have up to 12 months to dismantle operations and , per the terms of the proposed lease, as well as CUP condition of approval #20 , the tenant will be required to return the site back to its pre-lease condition in 2005.

ENVIROMENTAL REVIEW
Approval of a lease is not a project subject to the California Environmental Quality Act pursuant to the commonsense exemption found in section 15061(b)(3) of the CEQA Guidelines . A mitigated negative declaration (MND) was prepared for the project conditional use permit, which was approved by the Planning Commission on October 24, 2024, per Section 15070 of the CEQA Guidelines.

2 FISCAL IMPACT
The City of Marina will lose approximately $150,000-$200,000 in annual revenue when the Las Animas business ceases to operate.

Respectfully submitted

_____________________
Guido F. Persicone
Community Development Director
City of Marina

REVIEWED BY:

_______________________________
Layne Long
City Manager
City of Marina

Attachments
A-Resolution
B-2006 Lease Agreement and Amendments
C-Planning Commission Resolution 2024-20
D-Draft Lease Agreement
E-Public Comment

3 EXHIBIT A
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING A

LEASE AGREEMENT BETWEEN LAS ANIMAS CONCRETE AND BUILDING SUPPLY, INC. (DBA LAS ANIMAS CONCRETE, MARINA); AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND AUTHORIZING THE

FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES.

WHEREAS, On August 9, 2005, the City, acting as the agent of the Fort Ord Reuse Authority (“FORA”), entered into that certain “Lease Agreement for Concrete Batch Plant” (the “Interim Lease”).

WHEREAS, On August 31, 2005, the City accepted a Quitclaim Deed from FORA for real property which included the property leased to the Las Animas Concrete’s predecessor, Las Animas Concrete, LLC (LAC LLC). The Interim Lease continued as a direct lease from the City through the Redevelopment Agency of the City of Marina (“RDA”).

WHEREAS, The Interim Lease terminated on February 5, 2006 upon the execution of a 5-year Lease Agreement for Concrete Batch Plant which was effective that date (“Lease”).

WHEREAS, On September 29, 2008, the RDA and LAC LLC entered into Amendment No. 1 to Lease for Concrete Batch Plant (“Amendment No. 1”), which provided for: (1) changing the title of the 5-Year Lease to “Lease Agreement for Concrete Batch Plant”; amending the term of the 5- Year Agreement to provide for a term of seven (7) years commencing on February 5, 2006 and terminating February 4, 2013, contingent upon the term of the Use Permit; granting to LAC LLC a conditional right and option to extend the term of the 5 -year Lease for an additional period of two (2) years following the expiration date of February 4, 2013.

WHEREAS, On March 10, 2011, by Quitclaim Deed, the RDA granted the real property which is the subject of the Lease Agreement for Concrete Batch Plant to the City.

WHEREAS, On July 3, 2012, the City and LAC LLC entered into a Second Amendment to the Lease Agreement for Concrete Batch Plant (“Amendment No. 2”), which provided for: (1) changing the term of the Agreement to eleven (11) years, commencing on February 5, 2006, and terminating on February 4, 2017 ; (2) establishing that LAC LLC shall have no option to extend the term of the Lease ; and (3) establishing that the Lease terminated at any time by mutual agreement of the parties with thirty (30) days prior written notice. The Lease, thus, terminated by its own terms on or about February 6, 2017.

WHEREAS, In 2023, LAC LLC met with the City to discuss renewal of its lease, and in reviewing the permit history for this site, staff discovered that the Use Permit was expired and informed LAC LLC that a new Use Permit would be required to continue operating at the premises that is the subject of the lease.

WHEREAS, On October 19, 2023, LAC LLC submitted application materials for a new Conditional Use Permit (CU 23 -002) (“CUP”) to allow Tenant to continue operation for up to three (3) years with one (1) additional year for decommissioning the b atch plant located on the subject property.

4 Resolution No. 2025-
Page Two

WHEREAS, On or about May 30, 2024, LAC LLC dissolved and the business was transferred to Las Animas Concrete & Building Supply, Inc., DBA Las Animas Concrete, Marina, prior to that dissolution.

WHEREAS, On August 9, 2024, the City of Marina submitted the draft Initial Study (IS) and Negative Declaration (ND) for the Las Animas Batch Concrete Processing Use Permit Project to the State Clearing House (SCH No: 2024080409) with a state and local 30-day review period.

WHEREAS, On October 24, 2024, the City of Marina Planning Commission (“Planning Commission”), at a duly noticed public hearing, considered all of the information presented to it, including the staff report and information submitted at the public hearing by interested persons.

The Planning Commission adopted Resolution No. 24-20, approving the CUP to allow continued operation of the Batch Plant subject to conditions of approval, including entering into a new lease agreement with the City.

NOW THEREFORE BE I T RESOLVED that the City Council of the City of Marina does hereby:

1. Incorporate the recitals listed above as if fully set forth herein.

2. Authorize a lease agreement between the City and Las Animas Concrete and Building Supply, Inc. (DBA Las Animas Concrete, Marina) from the period beginning on the date of execution and terminating on December 31, 2026, but which provides that tenant will cease operations of the batch plant on or before December 31, 2025. Thereafter, from January 1, 2026 , the tenant will have up to twelve months to dismantle operations and return the site to its pre-lease condition in 2005;

3. Authorize the City Manager to execute the lease agreement on behalf of the City, subject to final review and approval by the City Attorney; and

4. Authorize the Finance Director to make necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of April 2025, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________________
Bruce Delgado, Mayor

ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk
5 LEASE

FOR CONCRETE BATCH PLANT

BETWEEN

THE REDEVELOPMENT AGENCY OF THE

CITY OF MARINA
AND

LAS ANIMAS CONCRETE, LLC

EXHIBIT B
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 WHEREAS, on June 27, 2005, the Planning Commission adopted a Mitigated Negative Declaration for the proposed project concluding that no impacts to any state protected area or area otherwise under the jurisdiction of the State will occur. Measures to ensure that any air quality impacts that may occur are maintained at a less than significant level have been incorporated into the conditions of approval of the Use Pennit. These conditions protect adjacent land uses from potential air quality and noise impacts.

WHEREAS, on November 10, 2005, the Marina Planning Commission adopted Resolution No. 2005-09, adopting findings, conditions, and approving a Use Permit for five (5) years for Las Animas Concrete Batch Plant to operate.

WHEREAS, on April 12, 2012, the Marina Planning Commission adopted Resolution No. 2012- 03 approving the extension of the Use Permit (UP 2012-04) for the operation of a concrete batch plant for a second 5-year period .. The second Use Permit expired on April 12, 2017.

WHEREAS, in 2023, Las Animas met with the City to renew their lease. In reviewing the permit history for this site, staff discovered that the Use Permit was expired and informed Las Animas that a new Use Permit would be required to continue operating at this location.

WHEREAS, on October 19, 2023, the applicant submitted application materials for a new Conditional Use Permit (CU 23-0002) to allow Las Animas to continue operation for three (3) years with one (1) additional year for decommissioning the site as described below (Exhibit A).

WHEREAS, the Planning Commission, at a duly noticed public hearing October 24, 2024, carefully considered all of the information presented to it, including the staff report and information submitted at the public hearing by interested persons; WHEREAS, notice is hereby given that decisions of the Planning Commission are appeal able to the City Council within 10 days of the date of this action pursuant to Marina Municipal Code Section 17.58.050;
WHEREAS, the Commission expressed concern that both the applicant and City have allowed the operation to occur after expiration of the last permit and in violation of certain aspects of the Marina Municipal Code (MMC). The Commission requests that the approved uses be monitored by the City and required to remain in compliance with the MMC and conditions of approval; WHEREAS, Public Resources Code Section 21080.c and California Environmental Quality Act (CEQA) Guidelines Section 15070 require the lead agency shall adopt a Negative Declaration when there is a less than significant effect on the environment. In compliance with the California Environmental Quality Act, a Draft Initial Study Negative Declaration (IS/ND)

EXHIBIT C
RESOLUTION NO. 2024-20
RESOLUTION NO. 24-20 APPROVING CONDITIONAL USE PERMIT CU23-0002 TO

ALLOW THE CONTINUED OPERATION OF AN EXISTING CONCRETE BATCH PLANT ON AN APPROXIMATELY THREE (3) ACRE SITE LOCATED AT 499 NINTH STREET (APN 031-201-014 AND -016) FOR THREE (3) YEARS WITH ONE (1) ADDI TIONAL YEAR TO DISMANTLE OPERATIONS. THIS ACTION IS

SUBJECT TO FINDINGS, CONDITIONS OF APPROVAL AND AN INITIAL STUDY / NEGATIVE DECLARATION (IS/ND) (SCH #2024080409) PREPARED FOR THE PROJECT.
43 44
45 46
47 48
49 50
51 52
53 54
55 EXHIBIT D
AM
ENDED
1 L

EASE AGREEMENT FOR CONCRETE BATCH PLANT
THIS LEASE AGREEMENT (“Lease” or “Agreement” ) is made and entered into by and between the CITY OF MARINA, a municipal corporation of the State of California (“City”), and LAS ANIMAS CONCRETE & BUILDING SUPPLY, INC., a California corporation (“Tenant”) on ____________, 2025 for real property located at 499 Ninth Street (Assessor’s Parcel Numbers 031-201-014 and -016), as shown on Exhibit A (“Property” or “Premises”). The City and the Tenant are sometimes referred to herein collectively referred to as the “Parties,” as follows:

Recitals:

This Lease is entered into with reference to the following facts and circumstances, which are hereby found and determined by the Parties:

A. On August 9, 2005, the City, acting as the agent of the Fort Ord Reuse Authority (“FORA”), entered into that certain “Lease Agreement for Concrete Batch Plant” (the “Interim Lease”) with Tenant’s predecessor, Las Animas Concrete, LLC (“LAC LLC)”.

B. On August 31, 2005, the City accepted a Quitclaim Deed from FORA for real property which includes the property leased to LAC LLC by the Interim Lease, which continued as a direct lease from the City, through the Redevelopment Agency of the City of Marina (“RDA”), to the Tenant.

C. The Interim Lease terminated on February 5, 2006, upon the execution of the 5- Year Lease Agreement for Concrete Batch Plant (“5-Year Lease”) which was effective that date between the RDA and the LAC LLC.

D. On September 29, 2008, the RDA and the LAC LLC entered into Amendment No. 1 to Lease for Concrete Batch Plant (“Amendment No. 1”), which provided for: (1) changing the title of the 5-Year Lease to “Lease Agreement for Concrete Batch Plant”; amending the term of the 5-Year Agreement to provide for a term of seven years commencing on February 5, 2006 and terminating February 4, 2013, contingent upon the term of the Use Permit; granting to the LAC LLC a conditional right and option to extend the term of the 5-Year Lease for an additional period of two years following the expiration date of February 4, 2013.

E. On March 10, 2011, by Quitclaim Deed (“2011 Quitclaim Deed”) the RDA granted the real property which is the subject of the 2006 Lease Agreement for Concrete Batch Plant (“2006 Lease”) to the City.

F. On July 3, 2012, the City and LAC LLC entered into the Second Amendment to the Lease Agreement for Concrete Batch Plant (“Amendment No. 2”), which provided for: (1) changing the term of the Agreement to eleven (11) years, commencing on February 5, 2006, and terminating on February 4, 2017; (2) establishing that LAC LLC shall have no option to extend the term of the Lease; and (3) establishing that the Lease terminated at any time by mutual 56 2

agreement of the parties with thirty (30) days prior written notice. The Lease, thus, terminated by its own terms on or about February 6, 2017.

G. In 2023, LAC LLC met with the City to renew its lease, and in reviewing the permit history for this site, staff discovered that the Use Permit was expired and informed Tenant that a new Use Permit would be required to continue operating at the Premises, defined below.

H. On October 19, 2023, LAC LLC submitted application materials for a new Conditional Use Permit (CU 23-002) (“CUP”) to allow LAC LLC to continue operation for three (3) years with one (1) additional year for decommissioning the Tenant’s Concrete Batch Plant (“Batch Plant”) at the Premises.

I. On or about May 30, 2024, LAC LLC dissolved and the business was transferred to Tenant prior to that dissolution.

J. On October 24, 2024, the City of Marina Planning Commission (“Planning Commission”), at a duly noticed public hearing, considered all of the information presented to it, including the staff report and information submitted at the public hearing by interested persons.

The Planning Commission adopted Resolution No. 24-20, approving the CUP to allow continued operation of the Batch Plant. The CUP is attached hereto as Exhibit B for reference purposes only.

K. Tenant desires to occupy and utilize the Premises as a site for operating the Batch Plant.

L. It is mutually agreed that this Lease is upon and subject to the following terms, covenants, conditions and provisions and Tenant covenants, as a material part of the consideration of this Lease, to keep, perform and comply with each and all of said terms, covenants, conditions and provisions to be kept, performed and complied with, and this Lease is made upon the condition of such performance and compliance.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and the facts recited above, which are hereby incorporated into this Lease by reference, the Parties agree as follows:

Terms and Conditions

1. Purpose. The purpose of this Lease is to facilitate redevelopment, reuse and maintenance of land within the City and on former Fort Ord.

2. Premises.

The City hereby delivers to Tenant, and Tenant hereby accepts from the City this Lease for exclusive possession and use of the Premises and facilities, described as approximately 1.85 acres (80,714 s.f.) of minimally improved, graded land, located near Ninth Street, Fifth Avenue, Sixth Avenue and Imjin Parkway in Marina, County of Monterey, California, identified as 499 Ninth Street and as shown on Exhibit A, which is attached hereto and incorporated herein. 57 3

3. Use.
a. Tenant shall use the Property as the site for continued operation of its Batch Plant, which use will include importing and storing at any given time approximately 150 cubic yards of rock and sand to be used to make concrete. Concrete batch infrastructure includes material bunkers, hoppers, two (2) 55-foot-tall silos, one (1) 125-foot-long conveyor, and four (4) 30x15 foot washouts/settling ponds. Tenant’s use of the Premises shall include loading sand and coarse aggregate into a portable plant which will then dispense these products into mixer trucks for delivery to job sites located off the Premises. All use shall be consistent with the terms of the CUP.
b. Any and all materials classified as hazardous under federal regulations and used in Tenant’s activities on the Premises shall be identified to the satisfaction of the City as to identity, type and quantity and shall be stored, used and disposed of in accordance with all local, state and federal regulations. Tenant shall not use the Premises for any other purpose without the prior written consent of the City.

4. Use of Mixer Trucks. Tenant has twelve (12) mixer trucks that do four (4) loads per day on average, with fluctuations in the number of daily trips by the mixer trucks due to the seasonal nature of the construction activities being served. Mixer trucks shall use only those routes to and from the Batch Plant as have been designated by the City and make all reasonable effort to avoid any impact on the operation of the Marina Equestrian Center by not using the narrow streets around the Equestrian Center. In accordance with Condition 10 of the CUP, truck operations shall be restricted to the approved circulation plan shown in the CUP. Cement trucks shall not use Fourth Avenue or California Avenue until such time as California Avenue is open to the public, then this shall be the preferred route. No trucks shall use Fourth Avenue.

5. Hours of Operation. Tenant shall operate the Batch Plant Monday through Friday from 6:00 a.m. to 5:00 p.m. and Saturday from 7:00 a.m. to 5:00 p.m. Nighttime operations shall be defined as operating between 10:00 p.m. and 6:00 a.m. on weekdays and between 7:00 p.m. and 7:00 a.m. on Saturday. No nighttime operations shall be permitted on Sundays. Tenant is allowed no more than three (3) nighttime operational uses per year at ten (10) day intervals. To utilize one of the three (3) nighttime operational uses per year, Tenant must notify City via e-mail to the City Manager and the Director of Community Development forty-eight (48) hours in advance that it intends to use one of its three (3) uses per year. Tenant must also notify City via e-mail to the City Manager and the Director of Community Development as soon as practicable if, due to unforeseen circumstances, its operations exceed the 5:00 p.m. cutoff on any days it is allowed to operate.

6. Operational Noise. Tenant shall conform its conduct of all activities on and around the Premises to the provisions of Chapter 9.24 of the City’s Municipal Code, entitled “Noise Regulations” and the approved CUP. If noise levels exceed these standards, the activity causing the noise shall be abated until appropriate noise reduction measures have been installed and compliance verified by the City.

7. Term. The term of this Agreement shall commence on the date that this Agreement is fully executed by Parties. The Lease shall terminate no later than June 30December 31, 2026; 58 4

however, Tenant must cease operation of the Batch Plant on or before December 31, 2025.

Tenant shall then have up to twelve (12) months, between January 1, 2026 and December 31, 2026, to dismantle operations of the Batch Plant and return the site to its pre-lease condition as set forth in Section 21.i, herein (“Pre-Lease Condition”). Upon dismantling of the Batch Plant and return of the Premises to its Pre-Lease Condition, subject to review and concurrence by the City, this Lease terminates, but in no event later than December 31, 2026. This Lease may also be terminated at any time by mutual agreement of the parties with thirty (30) days prior written notice. Tenant shall have no option to extend the term of the Lease.

8. Reservation & Easements.
a. Easements and Reservations.
(i) The Premises are subject to all valid and existing recorded outstanding liens, licenses, leases, easements, and any other encumbrances made for the purpose of roads, streets, utility systems, rights-of-way, pipelines, and/or covenants, exceptions, interests, liens, reservations, and agreements of record.
(ii) The Property is subject to public utility easements as set forth in such area master plans as may be developed or approved by the City. Such public utility easements, together with the right to enter thereon, for any purpose in connection with the construction or maintenance of improvements and facilities located thereon are hereby reserved by the City and the City for the benefit of itself and for the benefit of all other persons or entities occupying buildings on former Fort Ord properties. In connection with the fire lanes, Tenant agrees that it will not cause or permit any vehicle, or other equipment to be parked within the boundaries of such fire lanes or use the fire lanes in a manner which would interfere with equipment and personnel traversing same in the course of fire suppression activities. (iii) The Army reserves a perpetual unassignable right to enter the Property for the specific purpose of treating or removing any unexploded shells, mines, bombs, or other such devices deposited or caused by the Army. Based on a review of existing records and available information, the land proposed for lease is not known to contain unexploded ordnance. In the event a tenant should discover any ordnance on the Property, it shall not attempt to remove or destroy it, but shall immediately notify the local Police Department and the Directorate of Law Enforcement at the Presidio of Monterey and competent Army or Army-designated explosive ordnance personnel will be dispatched promptly to dispose of such ordnance at no expense to the Tenant.
(iv) The Army, its officers, agents, employees, contractors and subcontractors, in accordance with section 120(h) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended, reserve a right of access to any and all portions of the Property for purposes of environmental investigation, remediation, or other corrective actions found to be necessary after the date of the conveyance of the Property. Tenant agrees to cooperate in good faith to minimize any conflict between necessary environmental investigation and remediation activities and Tenant’s operations. Any inspection, surrey, investigation, or other response or remedial action will to the extent practicable, be coordinated with representatives designated by the City. Pursuant to this reservation, the Army and its officers, agents, employees, 59 5

contractors, subcontractors shall have the right (upon reasonable notice to the Tenant and the City) to enter upon the Property, and perform surveys, drillings, test pitting, borings, data and/or record compilation, and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary under applicable authorities, including but not limited to installation of monitoring and extraction wells, and other treatment facility. (v) The Army reserves a nonexclusive easement to allow continued access for itself and the regulatory agencies to permit necessary groundwater monitoring at wells located on the Property and the installation of new treatment or monitoring wells if required for the pump and treat operations. Furthermore, tampering with the groundwater monitoring wells is prohibited.
(vi) Access for USA Media Group, LLC, or its successor in interest, for TV cable lines is reserved.
(vii) The City reserves the right to install, lay, construct, maintain, repair and operate or facilitate the operation of such sanitary sewers, drains, storm water sewers, pipelines, manholes, and connections; water, oil and gas pipelines, telephone, telegraph and electrical power lines; and the appliances and appurtenances necessary or convenient in connection therewith, in, over, upon, through, across and along any and all portions of the Premises. City shall restore any of Tenant’s improvements altered or disturbed due to City’s exercise of any rights under this section to substantially the same condition in which they existed prior to the City’s entry on to the Premises.

9. Time and Place of Payment of Rent. Tenant must pay rent and all other charges, fees or other obligations due to the City under this Lease every month in advance on or before the first day of the month during the term of this Lease at the office of the City Finance Director, City Hall, 211 Hillcrest Avenue, Marina, California 93933. The rent for certain months of this Lease may be pro-rated. For purposes of calculating and pro-rating rent or other charges due, each month will be considered to have 30 days.

10. Rent. The monthly rent for this Lease shall consist of a base plus percentage of gross sales. The base shall be $3,228.56, which is calculated on the basis of four cents ($0.04) per square foot of land (80,714 s.f.). In addition to the base, Tenant shall pay one quarter of one percent (0.25%) of their monthly gross sales up to a maximum of $3,228.56. The maximum monthly rental charge (base plus percentage of gross sales) of $6,457.12 represents the equivalent of eight cents ($0.08) per square foot of land (the “Rent”). Such Rent may be adjusted by City based on actual square footage of use of the Property to operate the Batch Plant.

Documentation of gross sales shall be submitted monthly with the understanding that the Tenant shall not be obligated to provide documentation of their gross sales for any month in which they have paid the maximum monthly rental charge.

11. Performance Deposit. Tenant has paid to the City the sum of $5,000, deposited with the City’s funds in an interest-bearing account as partial security for the payment of rent, loss or damage or other payments due under this Lease. In the event the City is required to utilize this deposit, or any portion thereof, during the term of the Lease, Tenant within ten (10) days of such use shall deposit an additional sum sufficient to restore the performance deposit to the amount set 60 6

forth herein. This performance deposit, or any remaining portion, will be returned to Tenant with interest earned thereon at the termination of the Agreement, after any deduction for payment of any obligations of Tenant due and owing to the City under any provisions of this Agreement.

12. Delinquency Charge. Tenant acknowledges that the late payment of rent or other amounts due under this Lease will cause the City to incur accounting and other processing costs not contemplated by this Lease, the exact amount of which is extremely difficult and impracticable to fix. Therefore, should any payments due under this Lease remain unpaid ten (10) days after the due date of such payment, a penalty of 10% shall be added to any payments past due and owing. City and Tenant agree that this late charge represents a fair and reasonable estimate of costs that the City will incur by reason of the late payment of rent or other charges by the Tenant. Acceptance of any such late charge shall not constitute a waiver of Tenant default with respect to the overdue amount, nor prevent the City from exercising any of the other rights and remedies available to it by reason of such default. 1nterest on any unpaid fees, charges and any penalty shall accrue at the rate of 1.5% per month thereafter until paid.

13. Commissions. City shall not be liable for the payment of any brokerage commissions of fees associated with this Lease to engineers, contractors, real estate consultants or attorneys working on Tenant’s behalf.

14. Possessory Interest. Tenant shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted including any possessory interest tax created by this Lease, permits and license fees, it being understood by Tenant that although the public property is held in public ownership, Tenant’s interest therein may be taxable as a possessor interest (California Revenue & Taxation Code §107 et seq.). Tenant shall pay personal property taxes, if any, levied on Tenant’s inventory, furnishings, or trade fixtures. Tenant may, at its sole expense and cost, contest any tax or fee. All taxes, fees, assessments, charges, etc. shall be paid prior to their delinquency date and satisfactory evidence that such taxes have been paid shall be furnished to the City.

15. Joint Assessment. If the Premises are not separately assessed, Tenant’s liability shall be an equitable portion of the possessory interest taxes for all of the land and improvements included within the tax parcel assessed, such proportion to be determined by the City from the respective valuations assigned in the assessor’s work sheets or such other information as may be reasonably available. The City’s reasonable determination thereof, in good faith, shall be conclusive.

16. Department of the Army Quitclaim Deed Terms. This Lease, and the use of the Premises covered hereby, shall be subject to the terms, conditions and restrictions set forth in the “Quitclaim Deed for a Portion of University Village Parcels” (the “Quitclaim Deed”) from FORA to the City, recorded at the Office of the Monterey County Recorder on September 1, 2005 (Series #2005091639). Any such use of the premises shall and must be consistent with the terms, conditions and restrictions of the Quitclaim Deed. Tenant, by signing this Lease, acknowledges that it has received and reviewed a copy of the Quitclaim Deed and will abide by its terms.
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17. Initial Study / Negative Declaration & Use Permit. This Lease and Tenant’s use of the Premises shall be subject to the terms, conditions and restrictions set forth in the Initial Study / Negative Declaration (IS/ND) (SCH #2024080409) and CUP adopted by the Planning Commission on October 24, 2024. All terms and conditions of the IS/ND and CUP are hereby incorporated into this Lease by reference, except that the term of the CUP shall not affect the term of this Lease, which is set forth in Section 7, herein.

18. Post-Acquisition Tenancy. Tenant acknowledges that the tenancy created by this Lease is a post-acquisition tenancy under state and federal relocation law. As such, Tenant is not eligible to receive relocation benefits upon termination. City will inform Tenant concerning the projected displacement date required for future development of the Property.

19. Termination by Prior Right of the United States. The City shall not make any representation of the title and if, for any reason, the Lease should terminate because of prior rights reserved by the United States Government, then all improvements and property brought onto the Premises by Tenant shall be removed by Tenant within sixty (60) days of exercise of said prior rights.

20. Property Rules & Regulations. From and after the commencement date of this Lease (as well as any prior lease with the City and Tenant or its predecessor in interest), the City releases to Tenant the use of the Property and Tenant accepts the Property, and agrees to comply with all of the following conditions:
a. With respect to activities related to the Property, the Tenant covenants for itself, its successors and assigns, that the Tenant, and such successors and assigns, shall not discriminate upon the basis of race, color, religion, sex, age, handicap, or national origin in the use, occupancy, sale or lease of the Property, or in their employment practices conducted thereon in violation of the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.

Section 2000d); the Age Discrimination Act of 1975 (42 U.S.C. Section 6102); and the Rehabilitation Act of 1973, as amended, (29 U.S.C. Section 794). The City shall be deemed beneficiaries of this covenant without regard to whether City remains the owner of any land or interest therein in the locality of the leased Property, and either shall have the right to enforce this covenant in any court of competent jurisdiction. In the event of breach of any of the above nondiscrimination covenant, City shall have the right to terminate this Agreement and to reenter and repossess the Premises and hold the same as if this Lease had never been made or issued. b. Tenant agrees that it shall insert these provisions regarding nondiscrimination in any agreement by which the Tenant grants a right or privilege to any person, firm or corporation to render accommodations or services to the public.
c. Tenant will not do or permit to be done upon the premises any act or thing which constitute waste or nuisance and agrees that within seventy-two (72) hours from receiving written notice by the City that such condition exists, to abate or otherwise cause said condition to be cured. In the event Tenant has not taken corrective action within seventy-two (72) hours, the City may enter and abate said condition at the expense of Tenant without any liability whatsoever to City for monetary loss of Tenant or others.
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d. Tenant shall have the right, at its expense, to place in or on the Premises a sign or signs identifying Tenant. Sign or signs shall be of a size, shape and design, and at a location or locations, approved in advance by the City and in conformance with any overall directional graphics or sign program established by the City. Notwithstanding any other provision of this Lease, any signs shall remain the property of Tenant. Tenant shall remove, at its own expense, all lettering, signs and placards so erected on the Premises upon termination of this Lease. e. Tenant shall have the right, at its expense, to place in or on the Premises fencing, trade fixtures, furnishings, personal property, equipment and materials necessary to any use authorized hereunder. Said fencing, trade fixtures, furnishings, personal property, equipment and materials will remain the property of Tenant and will be removed upon termination of Tenant’s occupancy.
f. Tenant will comply with all federal, state and local laws, rules and regulations which may apply to the conduct of the activities provided for and authorized hereunder. Tenant will comply with all terms and conditions of the CUP. Tenant will maintain in effect and post in a prominent place all necessary or required licenses, including a City of Marina Business License, or permits, prior to commencing operations. Tenant shall be responsible for any improvements required for permit approval. The City shall not have any obligation to make any such required improvements. In the event Tenant cannot or elects not to undertake any improvements required for permit approval as required by federal, state or local laws, rules and regulations, in that event Tenant shall provide thirty (30) days written notice of its intention to vacate the Premises and to terminate this Lease.
g. Tenant will prepare an Emergency Action/Fire Protection Plan. A current plan shall be kept on file with the City’s Department of Public Safety. h. Tenant agrees at its own expense to keep and maintain upon the Premises such portable fire extinguishers of such number type and material as may be prescribed from time to time by the regulations of the City’s Department of Public Safety. i. Any damage to the Premises as a result of Tenant’s activities shall be repaired and Premises shall be returned to its condition as of August 9, 2005, the commencement date of the Interim Lease, including removal of the metal building located on the Property and cleanup of any contaminants resulting from Tenant’s use of the Property, with the following exceptions: a) reasonable wear and tear; b) damage by the elements not caused by Tenant’s negligence and c) those improvements and modification for which permits have been issued by the City and which have been approved as completed and signed off by the City’s building inspector. j. Tenant shall, in good faith use its best efforts to efficiently utilize the facilities covered by this Lease in a competent and efficient manner and remain cognizant that a primary purpose for the City in entering into this Lease is to promote the rehabilitation, maintenance and development of former Fort Ord properties.

21. Acceptance of Premises.
a. Tenant understands that the Premises were formerly used by the federal government as part of an Army base, that surrounding lands which were also part of such Army 63 9

base have, in the past been found to contain concentrations of volatile organic chemicals which exceed standards prescribed by the environmental agencies and the state and federal governments. (The groundwater beneath former Fort Ord Parcels E4.1.1, E4.2, E4.3.1, and E17.is.contaminated with volatile organic compounds (“VOCs”), primarily trichloroethene (“TCE”), associated with Operable Unit 2 (“OU2”). The maximum estimated concentration of TCE in the groundwater beneath the Property is 43.7 ug/L.) Tenant shall not interfere with any response action being taken on the Property or interrupt, relocate, or interfere with any remediation system now or in the future located on, over, through, or across any portion of the Property.
b. The Tenant is hereby informed and does acknowledge that pesticides may be present on the Property. To the best of the City’s knowledge, the presence of pesticides does not currently pose a threat to human health or the environment, and the use and application of any pesticide product was in accordance with its intended purpose. c. The Tenant is hereby informed and does acknowledge that friable and nonfriable asbestos or asbestos-containing material (“ACM”) have been found on Fort Ord property, as described in the Environmental Baseline Survey and the referenced asbestos survey. The interior asbestos does not present a “release or threat of release into the environment” as defined by CERCLA.

d. The Tenant covenants and agrees that its use of the Property will be in compliance with all applicable laws relating to asbestos; and the City does not assume any liability for future remediation of asbestos or damages for personal injury, illness, disability, or death, which arises from any such exposure, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the Property, whether the Tenant has properly warned or failed to properly warn the individual(s) injured.
e. Unprotected or unregulated exposures to asbestos in product manufacturing, shipyard, building construction workplaces have been associated with asbestos-related diseases.

Both the Occupational Safety and Health Administration (“OSHA”) and the EPA regulate asbestos because of the potential hazards associated with exposure to airborne asbestos fibers.

Both OSHA and EPA have determined that such exposure increases the risk of asbestos-related diseases, which include certain cancers and which can result in disability or death. f. The Tenant acknowledges that it has inspected the Property as to its asbestos content and condition and any hazardous or environmental conditions relating thereto. The Tenant shall be deemed to have relied solely on its own judgment in assessing the overall condition of all or any portion of the Property, including, without limitation, any asbestos hazards or concerns.
g. No warranties, either express or implied, are given with regard to the condition of the Property, including, without limitation, whether the Property does or does not contain asbestos or is or is not safe for a particular purpose. The failure of the Tenant to inspect, or to be fully informed as to the condition of all or any portion of the Property offered, will not constitute 64 10

grounds for any claim or demand against the United States or the City, with respect to any asbestos hazards or concerns.
h. The Tenant further agrees to indemnify and hold harmless the United States and the City, its council, boards, commissions, officers, agents and employees, from and against all suits, claims, demands or actions, liabilities, judgments, costs and attorneys’ fees arising out of, or in any manner predicated upon, exposure to asbestos on any portion of the Property which exposure occurs after conveyance of the Property to the Tenant or any future remediation or abatement of asbestos or the need therefor. The Tenant’s obligation hereunder shall apply whenever the United States, the City incur costs or liabilities for actions giving rise to liability under this Section.
i. The Tenant is hereby informed and does acknowledge that all buildings on Fort Ord property, which were constructed or rehabilitated prior to 1978, are presumed to contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.
j. Tenant acknowledges that the City has granted to Tenant the right to review all maps and records of the old Army base presently on file in the office of the City’s Planning Department as well as the right to inspect the Premises and perform any tests of the soils and improvements thereon or the groundwater thereunder, all in order to afford Tenant a full and complete opportunity to investigate and determine whether the Premises can be used for the purposes intended.

22. No Warranty. Tenant further understands and agrees that no representation, statement, or warranty, express or implied, has been made by or on behalf of the City as to the condition of the Premises or the suitability of the Premises for the intended use, save and except for the representation and warranty that neither the City or any City officer, employee, or agent has caused any condition of pollution or contamination which may now exist. Such representation and warranty, however, shall not extend to any condition of pollution or contamination caused by the federal government, the Tenant or by any other contractor or tenant of City. Tenant agrees to accept the premises in their present condition and “as is” with respect to all conditions which may now exist. Moreover, Tenant agrees to waive any claim or right of action against the City which Tenant now has or hereafter may acquire arising out of the condition of the soils or the groundwater underlying the property, including but not limited to any claim of indemnity which Tenant may have by reason of costs incurred by Tenant arising out of the abatement or cleanup of any pollution or contamination condition discovered on the premises hereinafter required under applicable state, federal or city laws or regulations save and except for a claim or right of action arising out of a condition of pollution or contamination caused by an officer, employee or agent of the City.

23. Hazardous Materials Study.
a. Prior to its occupancy of the Premises, Tenant may, at its sole option but without obligation and at its sole cost and expense, arrange for a hazardous materials study of the Property. City shall provide Tenant any documents, drawings and data in its possession relating to environmental analysis of the property. Tenant and City agree that, upon occupancy, the City 65 11

shall not have any further obligation to remove any hazardous materials in, on or under the property, including any required remediation identified in any study Tenant may choose to make, prior to, or after Tenants occupancy of the Premises.
b. In the event that hazardous materials are discovered on or under the Property which materially affect Tenant’s ability to safely utilize the Premises for the purpose provided for herein, neither the City nor the Tenant shall have any liability for removal of anything not brought onto the Premises by Tenant and Tenant may terminate this agreement upon thirty (30) days prior written notice to the City.

24. Hazardous Substances. Pursuant to California Health and Safety Code §25359.7, Tenant shall notify City in writing within a reasonable time, of any material release of hazardous substances and of any hazardous substances that have come to be located on or beneath the Property.

25. Removal. Prior to the expiration of this Lease or when terminated earlier by either party in accordance with its terms, Tenant shall at its sole expense, remove all items of personal property, brought onto the Premises by the Tenant as defined by state or federal law.

26. Inspection of Records. Tenant shall make available for inspection to the City all records relating to the release, mitigation and cleanup for any hazardous substances on the Premises.

27. Compliance. Tenant shall comply with all federal, state and local laws and regulations relating to hazardous materials and wastes, and shall timely comply with the orders of any governmental agencies relating thereto or shall provide thirty (30) days prior written notice of its intent to exercise its rights as provided herein to vacate the Premises and terminate this Lease.

28. Improvements to Property. During the term of this Lease, Tenant must not make any additions or alterations to the Premises without the prior written consent of the City. Moreover, upon receiving consent to make an addition or alteration to the improvements on the Property, and except as provided herein, Tenant shall not commence work on the construction or installation of such added or altered improvements until plans and specifications for same have been submitted to and approved by the City’s Department of Public Works and other Departments as may be required.

29. Performance and Payment Bonds. Tenant shall cause to be made, executed and delivered to City prior to the date of commencement of any work in or on the Premises, performance and payment bonds approved as to form and as to surety by the City, with Tenant’s contractor or contractors as principal, and the City specifically named as additional insureds, each in the sum of one hundred percent (100%) of the amount of the contract for all work costing in excess of $10,000.00 for a) the said required work in accordance with the approved plans and specifications and b) to provide that if Tenant or its contractor or contractors fail to pay for any materials, provisions or other supplies, used in or upon, for or about the performance of the work to be done, or for any work or labor thereon of any kind, that the surety will pay the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney’s fee as set by the court.
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30. Title to Improvements. Upon termination of this Lease all additions or alterations to the Premises made by Tenant will remain the Tenant’s property; provided, however, that upon termination of this Agreement, Tenant shall promptly remove any or all of its property and restore the Premises to substantially the same condition as it was on August 9, 2005, including removal of the metal building located on the Property and cleanup of any contaminants resulting from Tenant’s use of the Property, all at Tenant’s sole cost and expense.

31. Tenant’s Obligations Under this Lease.
a. Tenant shall maintain, control dust, sweep and keep the Premises clear of refuse.

Tenant will promptly repair any damage to sidewalks, driveways, asphalt parking areas, or components, or to other paved surfaces when such damage is caused by Tenant or its invitees. b. Tenant shall arrange for trash and waste removal services. c. Tenant shall continue to operate in compliance with its existing Permit to Operate from the Monterey Bay Air Resources District (MBARD) and maintain continued compliance with all conditions of the permit. Further, the decommissioning of the site shall abide by all MBARD requirements for air quality.
d. Tenant shall undertake other general maintenance and upkeep of the Premises not specified herein.

32. Destruction of Substantial Damage of Premises. If, during the term of this Lease, the Premises or any part thereof are substantially damaged or destroyed by a fire or other casualty beyond Tenant’s control (but not including damage caused by the willful acts or negligence of Tenant or Tenant’s employees which damage Tenant shall promptly repair, replace or restore at Tenant’s sole cost and expense), this Lease shall terminate. Tenant shall be released thereby without further obligation to the City upon surrender of possession of the Premises, except for obligations which have theretofore accrued and are then unpaid or unperformed.

33. Provision of Utilities.
a. During the term of this Lease, Tenant shall have the right to connect the Premises and facilities appurtenant thereto to the existing utilities at its sole cost and expense. Tenant shall arrange for and pay for the installation of required meters for electric, gas and water and shall pay any connection fees. The City shall make available to Tenant maps in its possession showing the location of sewer, water, electrical, gas and telephone lines located near the Premises. Tenant shall be responsible for arranging and paying for all utilities required to serve the Premises. The City will use its best efforts to continue all utility services as they presently exist but cannot and does not guarantee that there will be no interruptions of service at all, and Tenant hereby waives any rights or claims it may have resulting from temporary interruptions of service. To the extent it has knowledge, the City will provide notice of any work scheduled which may interrupt the utility service to the property.
b. If the City is unable to provide access to utility service facilities due to the imposition of any limit on consumption or on the construction of additional utility facilities, or 67 13

the allocation or curtailment of utility facilities or service by law or regulation, neither of them shall have any obligation hereunder.

34. Payment of Utilities. Tenant agrees to pay directly to the utility providers for all utility services provided under the terms of any contract between the Tenant and the utility provider and to the City for all utility services provided under the terms of any contract between the City and a utility provider which serve the Premises through existing lines and connections. Tenant shall not be responsible to pay for any existing or preexisting utility charges incurred by others. Tenant shall be responsible to provide and pay for all new connection equipment and any fees required.

Tenant shall pay all utility charges within twenty (20) days of receipt of invoice and shall provide evidence of payment when requested to do so in writing by the City. In the event Tenant fails to pay any utility bill when due, the City may, at its option, pay the same and collect from Tenant’s performance deposit the amounts so disbursed, plus interest at the rate of 1½% per month or fraction thereof.

35. Compliance with Regulations of Local Agencies. It shall be the responsibility of the Tenant under this Lease to contact, consult and comply with any regulation applicable to Tenant’s activities on the Property which are now or may be promulgated by a local public or private utility provider or regulator having jurisdiction over activities or utility services, including, but not limited to, the Marina Coast Water District, the Monterey Regional Water Pollution Control Agency, Pacific Gas & Electric Company, Monterey Bay Unified Air Pollution Control District (aka Monterey Bay Air Resources District).

36. Indemnity.
a. Tenant and City agree that the City, its council, boards and commissions, officers, employees, agents, and volunteers should, to the maximum extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuits, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the Tenant’s use and occupancy of the Premises. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Tenant acknowledges that City would not enter into this agreement in the absence of the commitment from Tenant to indemnify and protect City as set forth here.
b. To the full extent permitted by law, Tenant shall defend, indemnify and hold harmless the City, its council, boards and commissions, officers, employees, agents, and volunteers, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, reasonable attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Lease. All obligations under this provision are to be paid by Tenant as they are incurred by the City.
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c. Without affecting the rights of the City under any provision of this Lease or this Section, Tenant shall not be required to indemnify and hold harmless City, as set forth above, for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault. d. The obligations of Tenant under this or any other provision of this Lease will not be limited by the provisions of any workers’ compensation act or similar act. Tenant expressly waives its statutory immunity under such statutes or laws as to City, its council, boards and commissions, officers, employees, agents, and volunteers. e. Tenant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from any assignee, subcontractor or any other person or entity involved by, for, with or on behalf of Tenant in the performance or subject matter of this Lease.

In the event Tenant fails to obtain such indemnity obligations from others as required here, Tenant agrees to be fully responsible according to the terms of this Section. f. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth herein is binding on the successors, assigns, or heirs of Tenant and shall survive the termination or expiration of this Lease or this Section.

37. Insurance. Tenant is the insuring party, and as such agrees that it will provide, and it will require its contractors to provide insurance in accordance with the requirements set forth here.

The following coverages will be provided by Tenant and maintained on behalf of the City and in accordance with the requirements set forth herein.
a. Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury, or on an ISO or ACCORD form acceptable to the City . Total limits shall be no less than two million dollars per occurrence for all coverages and two million dollars general aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. The City and its council, board and commissions, officers, employees, agents and volunteers shall be added as additional insureds using an ISO or ACCORD additional insured endorsement form . Coverage shall apply on a primary non- contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City or any agent of the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following from to any underlying coverage.

Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to 69 15

policy limits. There shall be no cross-liability exclusion. Policies shall have concurrent starting and ending dates.
b. Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on an ISO or ACCORD business auto coverage form acceptable to the City including ISO Form Number CA 00 01 (code/symbol l) (Any Auto). Limits shall be no less than one million dollars ($1,000,000.00) per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. City, its council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insureds using an ISO or ACCORD additional insured endorsement form .
c. Workers’ Compensation/Employers’ Liability. Workers’ compensation and employers’ liability coverage shall be written on a policy form providing workers’ compensation statutory benefits as required by law and if Tenant has any employees. Employers’ liability limits shall be no less than one million dollars ($1,000,000.00) per accident for bodily injury or disease.

Employers’ liability coverage shall be scheduled under any umbrella policy described above.

Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City, its council, boards and commissions, officers, employees, agents and volunteers.
d. Tenant and City further agree as follows:
(i) This section supersedes all other sections and provisions of this Lease to the extent that any other section or provision conflicts with or impairs the provisions of this section.
(ii) Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Lease, or the indemnity provisions of this Lease. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Lease and shall be interpreted as such. (iii) All insurance coverage and limits provided pursuant to this Lease shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Lease or any other agreement relating to the City or its operations limits the application of such insurance coverage.
(iv) Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
(v) For purposes of insurance coverage only, this Lease will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Lease. (vi) All general or auto liability insurance coverage provided pursuant to this Lease, or any other agreements pertaining to the performance of this Lease, shall not prohibit 70 16

Tenant, Tenant’s employees, or agents from waiving the right of subrogation prior to a loss.

Tenant hereby waives all rights of subrogation against the City. (vii) Unless otherwise approved by the City, Tenant’s insurance shall be written by insurers authorized to do business in the State of California with a minimum “Best’s” Insurance Guide Rating of “A:VII.” Self-insurance will not be considered to comply with these insurance specifications.
(viii) In the event any policy of insurance required under this Lease does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Tenant.
(ix) Tenant agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional endorsement to Tenant’s general liability, auto and umbrella liability policies using ISO or ACCORD forms. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to Tenant and City of any cancellation of coverage. Tenant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. Tenant agrees to provide complete copies of policies to City upon request.
(x) Tenant shall provide proof that policies of insurance required herein expiring during the term of this Lease have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
(xi) Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Lease in no way waives any right or remedy of City or any additional insured, in this or any other regard. (xii) Tenant agrees to require all contractors, subcontractors or other parties hired by Tenant to provide general liability insurance naming as additional insureds all parties to this Lease. Tenant agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Tenant agrees to require that no contract used by any contractor, subcontractor, or contracts Tenant enters into , will reserve the right to charge back to City the cost of insurance required by this Lease. Tenant agrees that upon request, all agreements with contractors, subcontractors or others with whom Tenant contracts with, will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, its council, boards and commissions, officers, employees, agents and volunteers.
(xiii) As Tenant is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 71 17

(xiv) Tenant agrees to provide immediate notice to City of any claim or loss against Tenant that includes City as a defendant. The City shall not assume any obligation or liability by such notice, but each has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.

38. Review of Insurance Coverage. City is entitled at any time during the term of this Lease to review the type, form and coverage limits of the insurance requirements. If in the opinion of the City, the insurance provisions of this Lease are not sufficient to provide adequate protection for the City and the members of the public, the City may require Tenant to maintain insurance sufficient to provide such adequate protection. Insurance requirements shall be applied uniformly to all parties engaged in similar-type operations on former Fort Ord properties, and such requirements shall be consistent with industry standards. City shall notify Tenant in writing of any changes in the insurance provisions necessary to provide adequate protection. If Tenant does not deposit acceptable certificates evidencing valid insurance policies acceptable in form and content to the City, incorporating such changes within sixty (60) days of receipt of such notice this Lease will be in default. The procuring of such policy of insurance will not be construed to be a limitation upon Tenant’s liability nor as a full performance of its part of the indemnification provisions of this Agreement; Tenant’s obligation being, notwithstanding said policy or policies of insurance, the full and total amount of any damage, injury or loss caused by the negligence or neglect connected with its operations under this Lease.

39. Liens and Claims. Tenant shall not suffer or permit to be enforced against the City’s title to the property, or any part thereof, any lien, claim or demand arising from any work of construction, repair, restoration, maintenance or removal as herein provided, or otherwise arising (except liens, claims or demands suffered by or arising from the actions of the City).

40. Tenant to Pay Liens & Claims. Tenant shall pay all such liens, claims and demands before any action is brought to enforce same against said land. Tenant agrees to hold City and said land free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses in connection therewith.

41. Payment of Liens & Claims by City. Should Tenant fail or refuse to pay any lien, claim, or demand arising out of the construction, repair, restoration maintenance and use of the Premises or any other claim, charge or demand which Tenant has agreed to pay under the covenants of this Lease, Tenant shall, within thirty (30) days written notice from City to Tenant of its said encumbrance, pay and discharge the same or shall furnish to City, in a form satisfactory to City, sufficient security for such lien, claim or demand and all costs and expenses in connection therewith. Should Tenant or its said encumbrancer within said thirty (30) day period, not pay and discharge said lien, claim or demand, or not provide said security to City, then City, at its option, may either treat such failure or refusal as a breach of or default under this Lease, or may pay any such lien, claim, charge or demand, or settle or discharge any action therefore or judgement thereon, and all costs, expenses and other sums incurred or paid by City, including without limitation attorneys’ fees, in connection therewith must be repaid to City by Tenant upon written demand, together with interest thereon at the rate of 10% per annum from the date of payment until repaid, and any default in such repayment will constitute a breach of the covenants and conditions of this Lease.
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42. Assignments, Transfers and Encumbrances. Tenant shall not sell, assign, transfer, or encumber this Agreement or any interest of Tenant in and to the property without the prior written consent of the City. It is expressly agreed between the City and Tenant that Tenant shall not pledge any interest in this Agreement to secure repayment of any debt.

43. Compliance with Laws, Permits and Licenses. Tenant’s business will be conducted and maintained in strict compliance with all applicable laws, ordinances, regulations, and other requirements of federal, state, county, city or other governmental agencies having jurisdiction over the Premises. Similarly, Tenant will obtain and pay for all necessary permits, licenses and other consents for the operation of Tenant’s business including a City of Marina Business License. A refusal or failure by the City to issue any permit, license or approval sought by the Tenant shall not constitute a breach of this Lease, whether or not any such refusal or failure was wrongful. Tenant’s sole remedy for a wrongful refusal or failure by the City to issue any permit, license or approval sought by Tenant shall be a petition for writ of mandate; and such a refusal or failure by the City shall not give rise to an action for money damages by the Tenant. Tenant represents and warrants that it has full power and authority to enter into this Lease and perform hereunder and holds all permits and licenses which are required by law or regulation for complete performance in accordance with the terms of this Lease.

44. Independent Status. Tenant is an independent entity. Tenant is solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any.

Nothing in this Lease will be construed as creating a partnership or joint venture between City and Tenant. Neither Tenant nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to the City’s employees.

45. Dispute Resolution. The parties agree that if any dispute arises over the interpretation or performance of this Lease, the parties will first attempt to negotiate any such dispute informally.

If such informal negotiation fails, and if the parties mutually agree at the time, the parties may then submit the dispute for formal mediation to the American Arbitration Association (AAA) or the Judicial Arbitration and Mediation Services (JAMS), or such other mediation service as the parties may mutually agree upon. Expenses of such mediation shall be shared equally between the parties.

46. Confidentiality. To the extent allowed by law, the City shall not disclose Tenant’s financial statement or confidential financial position, or any records which are the basis of the gross sale portion of the rent calculation. Tenant acknowledges that the City is a municipal corporation and has limited powers to withhold information from the public.

47. Attorney’s Fees and Costs. Should the dispute of the parties not be resolved by negotiation or mediation, and in the event it should become necessary for either party to enforce or interpret any of the terms and conditions of this Lease by means of court action or administrative enforcement, the laws of the State of California shall govern the interpretation of the terms and conditions of this Lease and such action shall be brought in a court of proper jurisdiction in Monterey County. The prevailing party, in addition to any other remedy at law or in equity available to such party, will be awarded all reasonable costs and reasonable attorney’s fees in connection therewith, including the fees and costs of experts reasonably consulted by the attorneys for the prevailing party.
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48. Litigation Involving Agreement. In the event the City is made a party to any litigation concerning this Lease or the Premises, or the use thereof, by reason of any act or omission by Tenant, Tenant shall hold the City harmless from all loss or liability, including reasonable attorney’s fees, incurred by the City in such litigation. This Section shall survive the termination or expiration of this Lease.

49. Bankruptcy and Insolvency. If Tenant, at any time during the term of this Lease, becomes insolvent, or if proceedings in bankruptcy are instituted by or against Tenant, or it Tenant is adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of Tenant is appointed in any suit or proceeding brought by or against Tenant, or if Tenant makes any assignment for the benefit of creditors, then in each and every case, this Lease and the rights and privileges granted hereunder will immediately cease, terminate and be forfeited and canceled provided, however, that if Tenant, within six (6) days after the filing and service on Tenant of any involuntary petition in bankruptcy or for appointment of a receiver, commences proper proceedings to dismiss or deny the petition or vacate the receivership and expeditiously pursues and diligently exhausts all proper remedies toward that end, the bankruptcy or receivership may not constitute a default until the entry of a final determination adverse to Tenant.

50. Force Majeure; Waiver. Tenant will not be in default under this Lease in the event that the activities of Tenant are temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides; strikes, lockouts and other labor disturbances or other catastrophic events which are beyond the reasonable control of Tenant. “Other catastrophic events” does not include the financial ability of Tenant to perform or failure of Tenant to obtain any necessary permits or licenses from other governmental agencies or the right to use facilities of any public entity where such failure occurs because Tenant has failed to exercise reasonable diligence.

51. Abandonment. Tenant must not vacate or abandon the Property or any part of the Premises for a period in excess of thirty (30) days during any time during the term of this Lease.

If Tenant abandons, vacates or surrenders the premises or is dispossessed by process of law or otherwise, any property belonging to Tenant and left on the property may be deemed, at the option of City, to be abandoned. Upon relinquishing possession, Tenant will be in default of this Lease and City is entitled to terminate this Lease and Tenant’s rights in and to the Premises in the manner hereinafter provided by this Lease.

52. Default. Tenant will be deemed in default under this Lease:
a. Upon breach of any of the covenants and conditions of or involving: the Quitclaim Deed from the United States with respect to discrimination on the grounds of race, creed, color, national origin, sex, or age; economic discrimination; physical disability discrimination; the sale, assignment, transfer, encumbrance, or subletting of the property which is the subject matter of this Lease without the City’s prior written consent: bankruptcy or insolvency of Tenant; or, with respect to any other covenant or condition of this Lease, which breach cannot be cured, within forty-eight (48) hours upon being given notice thereof by City. 74 20

b. Upon failure to pay any rent, fees, or any other consideration required under this Lease to be paid by Tenant to City within ten (10) days following the date those obligations are due, or upon failure to provide evidence of the insurance when due, within forty-eight (48) hours after being given notice thereof by City.
c. Upon the breach of any of Tenant’s other duties and obligations under this Lease, which breach can be cured, if such breach is not cured within forty-eight (48) hours after being given written notice thereof by City.

53. Remedies on Default
a. City’s Right to Terminate Lease. Upon Tenant’s default of this Lease, City is entitled, after reasonable notice to Tenant which notice provides Tenant with the statutorily required minimum time to cure any default in rent and which provides a reasonable time to cure any other type of default, to terminate this Lease as well as Tenant’s rights in and to the Premises, to enter upon and retake possession of the Premises, including all improvements thereon and facilities appurtenant thereto, by legal proceedings or otherwise, and to recover from Tenant, at the time of such termination, the excess, if any, of the amount of any rent to be paid by Tenant under this Lease.
b. Other Remedies. All rights, options, and remedies of City contained in this Lease will be construed and held to be cumulative and not one of them will be exclusive of the other, and City will have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided for by law, whether or not stated in this Lease.

54. Waiver of Default. Any waiver by City of a default of this Lease arising out of the breach of any of the covenants, conditions, or restrictions of this Lease will not be construed or held to be a waiver of any succeeding or preceding default arising out of a breach of the same or any other covenant, condition, or restriction of this Lease.

55. City’s Right of Entry. The City, in its proprietary capacity, reserves the right to enter upon and inspect the Premises, with twenty-four hours (24) prior written notice to Tenant. Tenant shall permit City and any agents and employees of City to enter the Premises at all reasonable times for the purpose of inspecting the same, or for the purpose of posting notices of non- responsibility for improvements, alterations, additions, or repairs, without any rebate of fees and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. The City may enter the Premises under emergency conditions without notice.

56. Notices. All notices required or permitted to be given under this Lease shall be in writing and must be personally delivered or United States certified mail, postage prepaid, return receipt requested, addressed as follows:

To City: City of Marina
City Hall
Attn: City Manager
211 Hillcrest Ave
Marina, California 93933
75 21

Phone: (831) 384-3715
Email: [email protected]

Copy to: City Attorney of City of Marina
Attn: René Ortega
Shute, Mihaly & Weinberger LLP
396 Hayes St.

San Francisco, CA94102
Phone: (415) 552-7272
Email: [email protected]

To Tenant: Las Animas Concrete & Building Supply, Inc.

Attn: Scott French
146 Encinal Street
Santa Cruz, CA 95060
Phone: ________
Email: ________

or to such other address as either party may from time-to-time designate by notice to the other given in accordance with this Section. Notice will be deemed effective on the date personally served or, if mailed, three business days from the date such notice is deposited in the United States mail. Parties may, but are not required to, provide courtesy copies of any notice via email or other electronic means.

57. Amendment or Modification. This Lease may be amended, altered or modified only by a writing, specifying such amendment, alteration or modification, executed by authorized representatives of both of the parties hereto.

58. Construction of Lease. Whenever the singular number is used in this Lease and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. If there is more than one Tenant designated in or signatory to this Lease, the obligations hereunder imposed upon Tenant are joint and several; and the term “Tenant” as used herein refers to each and every of said signatory parties, severally as well a jointly.

59. Covenant & Condition. Each term and provision of this Lease performable by Tenant or by the City shall be construed to be both a covenant and a condition.

60. Time. Time is and shall be of the essence of each term and provision of this Lease.

61. Heirs and Successors. All of the covenants, agreements, conditions and undertakings herein contained shall apply to and bind the representatives, heirs, executor, administrators, or successors-in-interest of all the parties hereto and all the parties hereto will be jointly and severally liable hereunder.
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62. Further Actions. Each of the parties agree to execute and deliver to the other such documents and instruments, and to take such actions, as may reasonably be required to give effect to the terms and conditions of this Lease including such information and reports as may be required by the City for inclusion in any report to the Army or other governmental agency.

63. Interpretation. This Lease has been negotiated by and between the representatives of both parties. Accordingly, any rule of law (including Civil Code §1654) or legal decision that would require interpretation of any ambiguities in this Lease against the party that has drafted it is not applicable and is waived. The provisions of this Lease shall be interpreted in a reasonable manner to affect the purpose of the parties and this Lease.

64. Captions. Titles or captions of the sections contained in this Lease are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision of it.

65. Severability. If any of the provisions of this Lease are determined to be invalid or unenforceable, those provisions shall be deemed severable from the remainder of this Lease and will not cause the invalidity or unenforceability of the remainder of this Lease, unless this Lease without the severed provisions would frustrate a material purpose of either party in entering into this Lease.

66. Waiver. No waiver of any right or obligation of either party hereto will be effective unless made in a writing, specifying such waiver and executed by the party against whom such waiver is sought to be enforced. A waiver by either party of any of its rights under this Lease on any occasion will not bar the exercise of the same right on any subsequent occasion or of any other right at any time.

67. Counterparts. This Lease may be executed in two or more counterparts, each of which will be deemed an original, but any of which will be deemed to constitute one and the same instrument.

68. Entire Agreement. This Lease constitutes the entire and complete agreement between the parties regarding the subject matter hereof, and supersedes all prior or contemporaneous negotiations, understandings or agreements of the parties, whether written or oral, with respect to the subject matter.

IN WITNESS WHEREOF, this Lease has been executed by the duly authorized officers or representatives of each of the parties.

CITY OF MARINA LAS ANIMAS CONCRETE &
BUILDING SUPPLY , INC.

By: _____________________________ By: __________________________ Layne Long Scott French
City Manager Its: Chief Executive Officer
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Date: ____________________________ Date: _________________________

Attest:

_________________________________ By: __________________________ City Clerk Emily Dutton
Chief Financial Officer

Approved as to form:

_________________________________ Date: _________________________ City Attorney

1849796.11

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EXHIBIT A

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EXHIBIT B

Conditional Use Permit (CU23-002) – Resolution No 2024-20

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MEMORANDUM
DATE: January 17, 2025
FROM: Guido F. Persicone
TO: File
SUBJECT: Las Animas/California Avenue Emails
Council Questions/Comments

1. (CUP) and lease before they
expired, what were the routes that its vehicles were approved to travel on to go in and out of its plant?
Conditions of Approval#10 (COA #10) has the exact route verbiage, as approved by the Planning Commission on October 24, 2024.

2. Did the road California Ave between Imjin Parkway and 9th St exist before Dunes? Yes, California Avenue has been operational since the inception of the former Fort Ord base

3. Did the road California Ave between 9th St and 8th St exist before Dunes? Yes, California Avenue has been operational since the inception of the former Fort Ord base.

4. Would it be possible to construct a new road from Las Animas to Imjin Parkway or to Imjin Road?
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City staff have discussed this extensively and that area has a significant amount of Sand Gilia. Also, a portion of the property is owned by MST. Additionally, portions of the area also are being used for the regional trail (FORTAG). So, building a new road is unlikely given these limitations as well as a CUP limiting operations to three years, with an additional year for decommissioning of the site.

5. What are the allowable noise levels on residential streets like California Avenue during daylight/night hours? Allowable average noise standards are as identified in Table 4.1 and 4.2 of the General Plan. According to the General Plan 70 Ldn dBa during the day and 65 Ldn dBa at night are allowed. These are 24-hour-average noise standards, not single-event noise standards. Whether a single noise event or events (e.g., truck trips) might individually exceed 70 Ldn dBa (day) or 65 Ldn dBa (night) does not necessarily constitute a violation of the General Plan or noise ordinance.

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6. What studies, if any, were conducted by the City of Marina on noise emitted by Las Animas cement trucks traveling on residential streets, prior to Shea Homes' development of the California Avenue housing tract. If not, why not? A Mitigated Negative Declaration for the site was prepared pursuant to the California Environmental Quality Act (CEQA) in 2005 to ensure impacts were less than a significant level.

Additionally, all homes within the Dunes Development were made aware of the Las Animas site in their disclosure documents.

Why did the City of Marina approve the building of residential homes on California Avenue, knowing that Las Animas Concrete would use residential streets, such as California Avenue and adjoining streets between Imjin and 8th Street, without a 83 4

plan to redirect this heavy truck traffic away from residential homes?

All homes within the Dunes Development were made aware of the Las Animas site in their disclosure documents. Finally, the University Village Specific Plan (Dunes Development) was approved in 2005, but the homes were not built till 2021.

7. Why is the City of Marina allowing Las Animas Concrete to violate the municipal codes created to protect all residents' peace, comfort, safety, and welfare from excessive, unnecessary or unusually loud noises and vibrations?

The City is not allowing violations of the Municipal Code. During the reauthorization of the Conditional Use Permit a revised Mitigated Negative Declaration (MND) was prepared for the project. As part of the preparation of the MND, AMBIENT prepared a Noise and Groundborne Vibration Technical Memorandum. The noise-measurement -road
equipment, which averaged approximately 64 dBA| Leq at 150 feet from the plant The AMBIENT noise subject matter experts found that the proposed project would have a less than significant impact regarding noise. Additionally, with Monterey Peninsula Engineering (MPE) leaving the site in the Fall of 2023 the site currently has less noise impact than previously perceived by the community.

8. Every Dunes household pays a special tax every year for being in The Dunes CFD or Community Facilities District (known formally as District No. 2015-1). We pay this annual special tax in our property tax bill on top of regular taxes for the maintenance of the neighborhood facilities such as the streets, lights etc. From the document Resolution 2024-77 in July of this year, I calculated that the tax 84 5

collections total nearly $1.9million from the start in 2015 until the latest fiscal year of 2024-25. Is California Ave between Imjin Parkway and 8th Street being maintained under this Dunes special tax collection?

California Avenue is not a part of the CFD.

9. Is this segment of California Ave built to withstand truck traffic, e.g. the loads of

this index gives us an understanding
of how much of a Truck Load this particular roadway can take in its lifetime. A TI of 7 is th
St is also a Collector roadway designed in the same manner.

10. Would Las Animas contribute directly to pay for the extra wear and tear on California Ave between Imjin and 8th?
This collector road can handle the wear and tear as most collector roads can handle approximately 2,000-4,000 trips per day. Additionally, collector roads are sufficient for the 30-mph proposed for this area per the traffic warrant study recently completed by the Public Works Department.

11. Speed limit for residential areas is 25 mph. Can speed bumps be installed for the safety of the people on this street?
The traffic warrant study recently completed for the abutting roads indicates 30 mph is the appropriate speed limit for these collector roads. Additionally, the TAC has discussed this site with the community at the January 7, 2025, meeting and speed bumps were not recommended.

12. Should you widen California Avenue to the width of 4th Avenue? A Capital Improvement Project (EDR2117) has been approved for improvements to California Ave..

13. Many students of CSUMB want to avoid the parking fee on campus, so they park in front of our houses which leave us with no parking space. We paid more than one million for this house and have no parking space? Imagine if you were one of us! What would you do?
The restriping of some of these streets can be considered and evaluated by either the Public Works Commission or the Traffic Advisory Committee in more detail.

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14. Is Las Animas no longer licensed by the State?
Response from Las Animas, dated December 19, 2024, - Yes, we dissolved the LLC this year since we no longer partner with MPE in Marina. We are now Las Animas Concrete & Building Supply Inc, DBA Las Animas Concrete, Marina.

15. What local projects are being served by Las Animas? According to their website, several local projects are being serviced by Las Animas https://lasanimasconcrete.com/projects/ including providing concrete for the Dunes Development and the Sea Haven project.

16. According to an email from homeowner/lawyer Marie Weiner, Las Animas is operating in a BP (Business Park) Zone. Is a cement plant allowed to operate in a BP Zone?
Yes, with a conditional use permit the project is allowed per 17.24.030 of the Muni Code.

17. Does the city monitor/check the number of truck rides? trucks trips permitted.

18. Residents expressed safety concerns due to stop signs and speed limits not being obeyed.

Yes, this was discussed at the January 7, 2025 TAC meeting. A traffic warrant study was conducted, and the speeds are being evaluated. To alleviate some of the neighborhood concerns the Public Works Director advised staff to perform additional traffic analysis for key streets near the Las Animas site. Additionally, the Marina Police Department has stepped up enforcement near and around the project site.

19. Complaints about dust caused by trucks that makes cars and front porches dirty.

City staff monitor this impact along with the Monterey Bay Air Resources District (MBARD). MBARD authorized the most recent Permit to Operate in 2018 and determined concrete batch plant has the ability to comply with applicable MBARD regulations.

20. Residents are requesting the council to not extend the lease. From one of the emails:
magnitude, Las Animas has another facility 36 minutes away. They do not need to operate here for 3 more years to fulfill their local contracts. This would pose a minor increase in their operating expenditures and a minor inconvenience. A small price to pay when lives are at stake. I am pleading with you to vote against extending their use permit and accelerate relocating their business outside of a residential neighborhood for the safety of our citizens."

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The Council will consider this when renewing the lease at an upcoming meeting.

21. Animas related paperwork. It appears a deja vu with a business no longer registered with Calif., a lease that expired years ago, and apparently noise levels maybe far above what City ordinance allows. The trucks are so loud windows rattle, and residents are awakened while sleeping. Any reasonable person would be unnerved in this situation given the paperwork and noise.

The Planning Commission approved a conditional use permit to operate the site in accordance with the California Environmental Quality Act by preparation of a Mitigated Negative Declaration that determined the impacts from the site are less than significant.

City staff will continue to monitor the property to ensure compliance with the Municipal Code and the approved CUP.

22. Traffic Advisory Committee (TAC) meeting on 1.7.25. Concerned residents were present at the TAC meeting to express their concern for the speeds along California Avenue.

Public Works staff explained the traffic analysis done for this street and several abutting streets and the speeds that were identified at the 85 percentiles (generally around 35 miles per hour along California Avenue), higher than the 30 mph posted. The Public Works Director indicated a new traffic warrant study will be carried out for these streets in the near term.

23. Concerned resident-email on 1.6.25
a. Yes or No: Is California Ave BETWEEN Imjin Parkway and 8th St (which is in Dunes CFD) maintained under Dunes CFD? No

b. What is the weight limit that California Ave between Imjin Parkway and 8th St was built to withstand? i.e., This specific segment of California Ave, up to what weight of vehicle was it meant for travel on?

this index gives us an understanding
of how much of a Truck Load this particular roadway can take in its lifetime. A TI of 7 is th
St is also a Collector roadway designed in the same manner. This was conveyed to Carol Eng via email on 1.7.25.

Concerned resident Noise Disturbance Complaint 1.3.25: 30 trucks passed on Friday, 1.3.25 by with noise levels of 68.1-84.3 dBA.

The City will be hiring a consulting firm to further evaluate the truck noise to ensure

87 8

24. Concerned resident-Traffic Complaint-1.3.25 Nine (9) cars observed not using the stop sign.

Community Development Director emailed resident on 1.6.25 stating this matter has been referred to the TAC. Additionally, the Police Chief stated at the January 7, 2025 TAC meeting that additional enforcement will be occurring near and around this street in the near term.

28. Concerned resident-Traffic Complaint-12.31.24. 12.31.24 41 cars, SUVS and trucks driving over the speed limit on California Avenue.

Community Development Director emailed resident on 1.2.25 stating the matter had been referred to the January 7, 2025 TAC for additional follow up.

25. 12.17.24- Letter From concerned residents
Las Animas Concrete LLC is no longer an entity registered with the California Secretary

May 30, 2024.

Response from Las Animas, dated December 19, 2024, -
Yes, we dissolved the LLC this year
since we no longer partner with MPE in Marina. We are now Las Animas Concrete & Building Supply Inc, DBA Las Animas Concrete, Marina.

26. Concerned resident email dated 12.13.23
a. Is it the area enclosed within and including the dotted lines which are maintained under the CFD?
Map sent to resident on 12.13.24. California is not a part of the CFD.

b. What is the street in the lowest point of this maintained area in dotted line? the street at the southern most end of the dotted enclosure. "op phase 3 is written above it)
Divarty Street

c. Approved truck routes for use in general (separate from special approvals given for Las Animas Concrete.

No formal truck routes have been approved in Marina.

d. Conditional Use Permit approved for Las Animas Concrete on 24 October 2024 hearing
CUP info can be found via this
link: https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_10242024- 569?html=true

e. Ordinance No. 2015-03 forming the City of Marina Community Facilities District No. 2015-1 (commonly referred to as The Dunes CFD)
Ordinance 2015-03 sent to resident on 12.5.24
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75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
805.226.2727
www.Ambient.Consulting
1 TRAFFIC NOISE TECHNICAL MEMORANDUM

Date: February 3, 2025
To: City of Marina
From: Kurt Legleiter, Principal
Subject: Noise Measurement Report 2817 California Drive

INTRODUCTION
The purpose of this memorandum is to evaluate traffic noise levels at the residential dwelling located at 2817 California Drive in Marina, CA. This report includes an evaluation of traffic noise levels with and without operation of the Las Animas Concrete facility. To assist with interpretation of this report, a summary of acoustic fundamentals and terminology is included in Attachment 1. Noise measurement data and modeling assumptions/results are included in Attachment 2.

SUMMARY OF FINDINGS
Based on the analysis conducted, ambient exterior traffic noise levels (excluding truck traffic associated with current road construction occurring along Imjin Parkway and Las Animas Concrete facility, as well as, employee commute trips associated with Las Animas Concrete) was estimated to be 63.2 dBA Ldn/CNEL at the property line of the residential land use. Depending on the hours of operation for the Las Animas Concrete facility, predicted increases in ambient traffic noise levels at the property line of the residential land use would range from approximately 1.2 to 5.7 dBA Ldn/CNEL.

With daytime operation of the Las Animas Concrete facility, predicted exterior traffic noise levels at the residential property line would be 64.4 dBA Ldn/CNEL. With windows closed, predicted interior average-daily noise levels associated with daytime operations would range from approximately 37.1 to 42.1 dBA Ldn/CNEL, depending on the noise insulation characteristics of the structure.

With nighttime operation of the Las Animas Concrete facility predicted exterior traffic noise levels at the residential property line would be 68.9 dBA Ldn/CNEL. Predicted interior noise levels with nighttime operation of the Las Animas Concrete facility would range from approximately 41.6 to 46.6 dBA Ldn/CNEL, depending on the noise insulation characteristics of the structure.

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75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
805.226.2727
www.Ambient.Consulting
2 NOISE MEASUREMENT SURVEYS
Ambient Noise Environment
To document existing ambient noise levels, short-term ambient noise measurements were conducted on January 20th through January 22 nd, 2025. Noise measurements were conducted using a SoftdB, Type II integrating sound-level meter. The meter was calibrated before use and is certified to comply with ANSI specifications. Two long-term (e.g., 48-hour) measurements were conducted. Measurement Location 1 (ML-1) was located near the property line of the project site, approximately 19.5 feet from the centerline of California Drive. Measurement Location 2 (ML-2) was located approximately 39.7 feet from the road centerline. Based on the measurements conducted, the average-daily noise levels were 64.6 dBA L dn/CNEL at ML-1 and approximately 62.1 dBA Ldn/CNEL at ML-2. The average-daily noise levels were calculated based on 24-hour data for January 21, 2025. Ambient noise levels were influenced primarily by vehicle traffic on California Drive.

Measurement locations are depicted in Figure 1. Measured noise levels are summarized in Table 1. Noise measurement data for ML-1 and ML-2 are summarized in Figures 2 and 3, respectively.

Figure 1. Noise Measurement Locations

Locations are approximate. Not to scale.

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75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
805.226.2727
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3 Table 1. Summary of Measured Noise Levels

Figure 2: Noise Measurement Data ML-1

Location1 Primary Noise Sources
Noise Level (dBA)2
Leq Lmax Ldn/CNEL
ML-1 Vehicle Traffic 41-73 54-106 64.6
ML-2 Vehicle Traffic 42-70 57-99 62.1
Ambient noise measurements were conducted on January 20-22, 2025, using a SoftdB, Type II integrating sound level meter.

1. Refer to Figure 1 for noise-measurement locations.

2. Highest average-hourly and instantaneous noise levels were associated with the passby of an emergency vehicle with siren sounding.
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75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
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4 Figure 3: Noise Measurement Data ML-2

PREDICTED TRAFFIC NOISE LEVELS
Methodology
Traffic noise levels at the property line of the residence were calculated using the FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The model was calibrated based on noise measurement data obtained over a 24-hour period on January 21, 2025 and corresponding traffic data. Traffic data for this time period was categorized by vehicle type, including light-duty automobiles and trucks, medium duty vehicles, and heavy- duty trucks. Heavy-duty trucks were further categorized by type, including dump trucks, concrete mixer trucks, and tractor-trailer material haul trucks. Refer to Attachment 1 for traffic count data. Model calibration results are summarized in Table 3. As depicted, the traffic noise model accurately calculated average-daily traffic noise levels when compared to measured noise levels.

Table 3. Traffic Noise Model Calibration Results

Scenario dBA CNEL
Measured1 64.6
Modeled 64.6

1. Based on measurement data obtained over a 24-hour period at ML-1 on January 21, 2025. 149

75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
805.226.2727
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5 Traffic noise modeling was conducted for three scenarios including: 1) existing ambient traffic noise levels, 2) existing ambient traffic noise + Las Animas Concrete facility daytime operations, and 3) existing ambient traffic noise + Las Animas Concrete facility nighttime operations. Predicted average-daily exterior noise levels (in Ldn/CNEL) were calculated at the property line of the residential land use, estimated to be approximately 20 feet from the residential structure.

Existing ambient traffic noise levels were calculated to create a baseline against which predicted traffic noise levels with Las Animas Concrete facility operations were compared. Existing ambient traffic noise levels were calculated excluding observed dump trucks associated with temporary road construction activities occurring along the nearby Imjin Parkway, and concrete and material delivery truck trips associated with the Las Animas Concrete facility. To be conservative, noise levels associated with the passby of the emergency vehicle were also excluded from the calculation of existing ambient traffic noise levels, as were employee vehicle trips associated with Las Animas Concrete facility.

In addition to the calculation of existing ambient traffic noise levels, two additional scenarios were evaluated including: 1) Las Animas Concrete daytime operations, and 2) Las Animas Concrete nighttime operations. Haul truck traffic associated with Las Animas Concrete facility daytime operations were distributed equally over the hours of 7:00 am to 7:00 pm, with two haul truck occurring during the hour of 6:00 am. Las Animas vehicle trip generation was based on a maximum total of 48 concrete haul trucks and 30 employee worker commute trips (City of Marina 2024). To be conservative, the number of material delivery haul trucks was based on the number of observed material haul trucks noted during the noise monitoring survey conducted over the 24- hour period on January 21, 2025. Based on these observations, a total of 25 material haul truck trips was assumed, which equated to a calculated ratio of 1 tractor-trailer material haul truck trip per 2 concrete mixer trucks. Nighttime operational conditions were modeled based on these same assumptions with employee and truck traffic distributed between the hours of 7:00 am and 7:00 pm.

Predicted average-daily interior noise levels (in Ldn/CNEL) were calculated based on predicted exterior traffic noise levels at the building façade and applying an average structural exterior-to-interior noise level reduction (NLR). In this context,
NLR refers to the average amount of noise reduction achieved by the building envelope. Historically, based on noise measurements conducted by the U.S. EPA in the early 1970s, standard building construction was estimated to provide a minimum average NLR of 20 dBA, with windows closed (U.S.

EPA 1974). This minimum NLR of 20 dBA became the basis for many of the recommended interior and exterior noise standards initially developed in the 1970s and 1980s by various government agencies and state/local jurisdictions. For example, assuming a commonly recommended interior noise standard of 45 dBA Ldn/CNEL for noise-sensitive land uses and a minimum exterior-to-interior NLR of 20 dBA, the recommended exterior noise level required to maintain acceptable interior noise levels would equate to 65 dBA Ldn/CNEL. Over the years, as building insulation standards have become increasingly more stringent, the NLR of typical building construction has increased. With compliance with current building requirements, newer structures can achieve exterior-to-interior NLRs of approximately 25 dBA, or more, depending on building construction materials and techniques. As a result, this report provides estimated interior noise levels based on a range of average exterior-to-interior NLRs of 20 to 25 dBA, with windows closed. 150

75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
805.226.2727
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6 Predicted traffic noise levels associated with the operation of the Las Animas Concrete facility, for both daytime and nighttime operations, were compared to existing ambient traffic noise levels for determination of increases in traffic noise levels at the property line of the residential land use. Predicted exterior traffic noise levels at the property line and calculated increases in traffic noise levels are summarized in Table 4. Predicted exterior traffic noise levels at the building façade and predicted interior noise levels are summarized in Table 5.

Findings
Based on the analysis conducted, ambient exterior traffic noise levels (excluding truck traffic associated with current road construction occurring along Imjin Parkway and Las Animas Concrete facility, as well as, employee commute trips associated with Las Animas Concrete) was estimated to be 63.2 dBA Ldn/CNEL at the property line of the residential land use. Depending on the hours of operation for the Las Animas Concrete facility, predicted increases in ambient noise levels would range from approximately 1.2 to 5.7 dBA Ldn/CNEL. (refer to Table 4).

With daytime operation of the Las Animas Concrete facility, predicted exterior traffic noise levels at the residential property line would be 64.4 dBA Ldn/CNEL (refer to Table 4). Based on the modeling conducted, predicted interior average-daily noise levels associated with daytime operations would be estimated to range from approximately 37.1 to 42.1 dBA Ldn/CNEL, with windows closed (refer to Table 5).

With nighttime operation of the Las Animas Concrete facility predicted exterior traffic noise levels at the residential property line were estimated to be 68.9 dBA Ldn/CNEL (refer to Table 4). Predicted interior noise levels with nighttime operation of the Las Animas Concrete facility would range from approximately 41.6 to

46.6 dBA Ldn/CNEL, with windows closed (refer to Table 5).

ADDITIONAL CONSIDERA TIONS
Instantaneous Noise Events
In the context of the average-daily noise level (Ldn/CNEL), an instantaneous noise event refers to a sudden noise event of short-duration, often described in terms of the maximum noise level (in dBA L max).

Instantaneous noise levels that occur within a measured period are factored into the overall calculation of average-daily cumulative noise levels by applying a penalty based on the time of day during which the instantaneous events occur. Of particular concern are events that occur during the more noise-sensitive evening and nighttime hours during which times instantaneous noise events may be more noticeable in comparison to ambient conditions. For this reason, instantaneous noise events occurring during the more noise-sensitive periods of the day are given extra weight when calculating the cumulative noise exposure over a 24-hour period. The Ldn descriptor applies a 10-dB penalty for noise events that occur between the hours of 10:00 pm and 7:00 am. The CNEL noise descriptor applies this same nighttime penalty but also applies an additional 5-dB penalty for noise events that occur between the evening hours of 7:00 pm and 10:00 pm. The cumulative noise exposure metric is currently one of the only noise metrics for which there is a substantial 151

75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
805.226.2727
www.Ambient.Consulting
7 reactions, and land use compatibility. To be conservative, this analysis was based on the more conservative CNEL noise descriptor, which imposed an additional noise penalty of 5 dB for noise events occurring during the evening hours.

Groundborne Vibration
Traffic, including heavy-duty trucks traveling on roadways, rarely generate groundborne vibration levels that exceed commonly-applied vibration criteria for structural damage or human annoyance. Loaded haul trucks generate groundborne vibration levels of approximately 0.076 inches per second peak-particle velocity (in/sec ppv). Groundborne vibration levels exceeding approximately 0.2 in/sec ppv within occupied structures can result in increased levels of annoyance. Groundborne vibration levels in excess of approximately 0.5 in/sec ppv can result in potential structural damage (Caltrans 2020).

Assuming a groundborne vibration level of 0.076 in/sec ppv and a minimum distance of approximately 35 feet for haul truck passbys, predicted vibration levels at the residential structure would be less than 0.05 in/sec ppv. Groundborne vibration levels may be intermittently detectable, but would not be anticipated to exceed commonly applied criteria for human annoyance or structural vibration. 152

75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
805.226.2727
www.Ambient.Consulting
8 Table 4. Summary of Predicted Exterior Noise Levels at Residential Property Line

SCENARIO

EXTERIOR NOISE

LEVEL AT

PROPERTY LINE
(dBA Ldn/CNEL)

DIFFERENCE

COMPARED TO
AMBIENT (dBA
Ldn/CNEL)
Existing Ambient Traffic Noise Level - Excludes Road Construction Trucks, Los Animas Concrete Trucks, Las Animas Employee Trips 63.2 --
Modeled Operational Scenario 1: Las Animas Concrete - Daytime Operations 64.4 1.2 Modeled Operational Scenario 2: Las Animas Concrete - Nighttime Operations 68.9 5.7

Table 5. Summary of Predicted Exterior & Interior Noise Levels at Residential Building Facade

SCENARIO

EXTERIOR NOISE

LEVEL AT BUILDING
FAÇADE
(dBA Ldn/CNEL)

RANGE OF PREDICTED

INTERIOR NOISE LEVELS
(dBA Ldn/CNEL) 1
20 dBA NLR 25 dBA NLR
Existing Ambient Traffic Noise Level - Excludes Road Construction Trucks, Los Animas Concrete Trucks, Las Animas Employee Trips 60.9 40.9 35.9
Modeled Operational Scenario 1: Las Animas Concrete - Daytime Operations 62.1 42.1 37.1 Modeled Operational Scenario 2: Las Animas Concrete - Nighttime Operations 66.6 46.6 41.6

1. Interior noise levels were calculated based on the predicted exterior noise level at the building façade and average exterior-to-interior NLR for the building envelope, with windows closed. Presents a range of predicted interior noise levels based average NLRs of 20 and 25 dBA L dn/CNEL.

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75 Higuera Street, Suite 105
San Luis Obispo, CA 93401
805.226.2727
www.Ambient.Consulting
9 REFERENCES
California Department of Transportation (Caltrans). April 2020. Transportation and Construction Vibration Guidance Manual.

California Department of Transportation (Caltrans). October 2011. California Airport Land Use Planning Handbook.

City of Marina. August 2024. Draft Initial Study, Las Animas Concrete Conditional Use Permit Project.

U.S. Environmental Protection Agency (U.S. EPA). March 1974. Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety.

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