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Michael Ali, DBA Zack's Pier Plaza Beach Concession - 2018-10-01
City of Huntington Beach File #: 18-308 MEETING DATE: 10/1/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director of Economic Development Subject: Approve and authorize execution of a 10-year Lease Agreement with Michael Ali, doing business as Zack's Pier Plaza Beach Concession Statement of Issue: The City Council is asked to approve a 10-year "Lease Agreement between the City of Huntington Beach and Michael Ali, doing business as Pier Plaza Beach Concession" (i.e. "Zack's") to operate a beach concession located at 405 Pacific Coast Highway. Financial Impact: The revenue generated from the lease in the first year is estimated to be $87,000. The revenue generated from the lease in subsequent years is estimated to be $96,000 to the General Fund. Recommended Action: A) Approve the "Lease Agreement Between the City of Huntington Beach and Michael Ali, DBA Pier Plaza Beach Concession;" and, B) Authorize the Mayor, City Manager, and City Clerk to execute the agreement and other related documents. Alternative Action(s): Do not approve the lease agreement and direct staff accordingly. Analysis: On November 2, 1998, the City Council approved a concession agreement awarding a lease ("Original Agreement") and operations of a concession stand at Pier Plaza. The Original Agreement was for an initial term of five (5) years along with three (3) additional five (5) year terms ending on October 31, 2018 for a total of 20 years. The Original Agreement was amended in 2013 to prohibit the use of non-recyclable materials. The Economic Development Committee (EDC) reviewed the Lease and recommended negotiating a new 10-year agreement, with renovations to the site in 2018. City of Huntington Beach Page 1 of 3 Printed on 9/26/2018 37 powered by Legisiar T'1 File #: 18-308 MEETING DATE: 10/1/2018 Staff has negotiated a new lease agreement according to the following terms: 0 10-year term; 0 Any proposed modifications require Office of Business Development approval prior to submittal of construction plans; 0 Any proposed modifications to the exterior must comply with all City, State, and Federal codes and regulations; 0 Rent credit is only available for modifications having received prior approval from the City; and, 0 A minimum of 200 days open. The rent generated by the lease agreement consists of a percentage share of the sales of all merchandise, goods, and services conducted on the premises as summarized below. The percentage of the sale of merchandise, goods, and services for the first year will remain the same as the current lease. The percentages are: YEAR 1 Sales Volume Percentage Rate $1.00--$100,000.00 10.5% $100,001.00--$200,000.00 12.5% $200,001.00 and greater 14.5% Beginning in the second year until the expiration of the new lease the percentage rates are as follows: YEAR 2-10 Sales Volume Percentage Rate $1.00--$100,000.00 11.0% $100,001.00--$200,000.00 13.0% $200,001.00 and greater 15.0% Environmental Status: Not applicable Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1 . "Lease Agreement between the City of Huntington Beach and Michael Ali, doing business as Pier Plaza Beach Concession" 2. Certificate of Insurance City of Huntington Beach Page 2 of 3 Printed on 9/26/2018 38 powered by Legistar-11" File #: 18-308 MEETING DATE: 10/1/2018 City of Huntington Beach Page 3 of 3 Printed on 9/26/2018 39 powered by Legistar-l", LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL ALI,DBA PIER PLAZA BEACH CONCESSION This Agreement is made and entered into this October 1st, 2018, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("CITY") and MICHAEL ALI ("LESSEE," and collectively, the "PARTIES.") WHEREAS, CITY leased certain real property within the Pier Plaza in the City of Huntington Beach to LESSEE pursuant to a Lease Agreement dated April 24, 1998, and an Amendment, dated November 23, 2013 extending the Lease through October 31, 2018. City and LESSEE desire to enter into a new Lease under the terms and conditions and in the manner set forth below, NOW, THEREFORE, the PARTIES covenant and agree as follows: 1. DESCRIPTION OF PREMISES. CITY hereby leases to LESSEE that a portion of that certain building located southwest of the Huntington Beach City Pier, at 405 Pacific Coast Highway,Huntington Beach, California, within Assessor's Parcel Number 624- 150-16, more commonly known as the PIER PLAZA BEACH CONCESSION, and hereinafter referred to as the "Premises." The Premises is identified on Exhibit A, attached hereto, as the "New Concession," and exclude that portion of the building identified as "Restroom." 2. ORIGINAL TERM. This Lease shall be for a term of ten (10) years commencing at 12:01 a.m. on November 1, 2018 and ending at 11:59 p.m. on October 31, 2028, unless sooner terminated as herein provided. Further, this Lease is subject to the Bolsa Chica State Beach Operating Agreement between the CITY and the State of California (the"Operating Agreement,"which currently expires on December ], 2026. Unless the City affirmatively notifies 18-6505/180858/SFF I LESSEE that the Operating Agreement has been extended by no later than September 30, 2026, then this Lease shall terminate on October 31, 2026 3. RESERVED 4. TERMINATION OF LEASE. CITY may upon three (3) days notice in writing to LESSEE for rent and thirty(30) days notice in writing to LESSEE for covenants, terminate this Lease without liability to the CITY in the event of failure of LESSEE to comply with any of its terms or conditions, or when public necessity so requires. In the event of termination, LESSEE shall be allowed fifteen (15) days after notice within which to cure the failure or default which gave rise to such termination. 5. HOLD OVER. Should LESSEE hold over and continue in possession of the Premises after expiration of the terms of this Lease or any extension thereof, LESSEE's continued occupancy of the Premises shall be considered a month-to-month tenancy subject to all the terms and conditions of this Lease. 6. RENT. A. For the first year of this Lease, from November 1, 2018 through October 21, 2019, LESSEE agrees to pay to CITY as Rent for the use and occupancy of the Premises a sum equal to the following percentages of the amount of Gross Sales as defined below, made each month by LESSEE in, on or from the Premises: Sales Volume Percentage Rent $1.00--$100,000 10.5% $100,000.01--$200,000.00 12.5% $200,000.01—and greater 14.5% B. For the remaining term of this Lease, from November 1, 2019 through 2 18-6505/180858/SFF October 31, 2028, LESSEE agrees to pay to CITY as Rent for the use and occupancy of the Premises a sum equal to the following percentages of the amount of Gross Sales as defined below, made each month by LESSEE in, on or from the Premises: Sales Volume Percentage Rent $1.00--$100,000 11.0% $100,000.01--$200,000.00 13.0% $200,000.01—and greater 15.0% C. The Rent specified in this Section shall be paid by LESSEE to CITY at 2000 Main Street, Huntington Beach, California 92648, or at such other place or places as CITY may from time to time designate by written notice delivered to LESSEE,within fifteen(15) days after the end of the calendar month during which the gross sales on which it was computed were made. A late charge equal to one and one-half percent (1-1/2%)per month shall be added on the 1 Oth day after any Rent or other payment hereunder is due,but unpaid. 7. GROSS SALES DEFINED. The term "Gross Sales" shall mean the total selling price of all merchandise or services sold or rendered in, or property rented on,or from the Premises by LESSEE,his sublessees, licensees,vendors, concessionaires, whether for cash or on credit, and if on credit whether or not paid, and shall include without limitation: (a) Proceeds from all automatic vending, weighing, and other machines owned and operated by LESSEE in or on or adjacent to the Premises; (b) Commissions received by LESSEE from such automatic vending, weighing, and other machines not owned by LESSEE but operated in or on the Premises; 3 18-6505/180858/SFF (c) Commissions received by LESSEE from the operation of public telephones in or on the Premises; (d) Proceeds from sales based on orders solicited or taken from, in, or on or adjacent to the Premises for merchandise or services to be delivered or rendered off, or from sources outside, the Premises; and (e) Proceeds from the renting of beach equipment of any kind from the Premises. S. GROSS SALES EXCLUSIONS. Notwithstanding the provisions of Section 7 of this Lease,the term gross Sales" shall not include the following items, and such items may be deducted from "Gross Sales"to the extent they have been included therein or have been included in a prior computation of"Gross Sales" on which Rent has been paid under thi! Lease to CITY: (a) Any sales or use taxes imposed on the sale or rent of food, merchandise, or services that are added to the sales price collected from customers; and (b) Any transfer of merchandise from the Premises to the manufacturer or supplier from whom it was obtained by LESSEE. 9. BOOKS AND RECORDS. LESSEE shall at all times keep or cause to be kept on the Premises full, complete, and accurate records and books of account showing the total amount of Gross Sales as defined in this Lease made each calendar month in, on or from the Premises. LESSEE shall install upon execution of this Lease, a point of sale system, at the direction of the City, for purposes of maintaining accurate record of all transactions occurring on the Premises. Furthermore, LESSEE shall at the time of sale and in the presence of the customer cause the full selling price 4 18-6505/180858/SFF of each piece of merchandise and each service rendered in, on, or from the Premises to be recorded in a cash register or cash registers that have cumulative totals and are sealed in a manner approved by CITY. LESSEE agrees to maintain on the Premises for a period of three (3) years following the close of each calendar month all records and books of account and all cash register tapes showing or in any way pertaining to the Gross Sales made in, or from the Premises during such calendar month. 10. STATEMENT OF GROSS SALES. At the time specified in Section 6 of this Lease for the payment of the Rent specified in that Section, LESSEE shall deliver to CITY a true and accurate statement signed by LESSEE or by an authorized employee of LESSEE showing the total Gross Sales made during the preceding calendar month in, on, or from the Premises and the amount of Rent then being paid calculated on such Gross Sales pursuant to this Lease. CITY may at any time within three (3) years after receiving any such statement, at his own cost and expense, cause all books, records, and cash register tapes described in Section 9 of this Lease for the calendar month purportedly covered by the statement to be audited by a public or certified public accountant selected by CITY. LESSEE shall on receiving written notice of CITY's desires for such an audit deliver and make available all such books, records, and cash register tapes to the public or certified public accountant selected by CITY. Furthermore, LESSEE shall promptly on demand reimburse CITY for the full cost and expense of the audit should the audit disclose that the questioned statement understated Gross Sales or the Rent payable because of Gross Sales by five percent (5%) or more. 5 18-6505/180858/SFF 11. BUSINESS PURPOSES AND USE OF PREMISES. The Premises are leased for the purpose of operation of a beach concession for the sale of merchandise, food and rental of beach equipment, bicycles, kites, recreational equipment, and other such uses as may from time to time be approved in writing by CITY. LESSEE shall operate the Premises for a minimum of 200 "Operational Days" during the calendar year. An Operational Day is defined as the Premises being open for business a minimum of four (4) consecutive hours. CITY reserves the right to prohibit the sale of any item or article which is objectionable or beyond the scope of the merchandise necessary for proper service to the public or public safety. The prices for the merchandise sold and the rental of the recreational beach and water equipment shall be fixed by LESSEE, provided that CITY reserves the right to establish and revise a schedule of maximum prices for any or all items sold or rented to the public by LESSEE; and provided further that such schedule of maximum prices established by CITY shall be reasonable and in accordance with the best interests of the public, the LESSEE, and the CITY. Except as permitted in advance in writing by City, all foods and beverages shall be sold in disposable paper or plastic containers. No pull-top cans or Styrofoam containers are to be vended or dispensed from the Premises unless approved in writing by City. Lessee, wherever feasible, shall eliminate the use of non-recyclable containers and plastics. City may from time to time review the items sold and containers or utensils used or dispensed by Lessee. City reserves the right to prohibit the sale or use of non- recyclable containers or plastics 6 18-6505/180858/SFF CITY has, and may enter into in the future, agreements with businesses marketing food, beverage, apparel and products (collectively, "Vendors") requiring CITY to use and/or sell their products exclusively at CITY parks, beaches and facilities. CITY shall notify LESSEE of such exclusivity agreements, including which products LESSEE may not sell or rent. Once notified, LESSEE shall remove any products from the Premises that CITY may not use or sell pursuant to its exclusivity agreements. 12. PAYMENT OF UTILITY CHARGES. LESSEE shall pay, and hold CITY and the Premises free and harmless from all charges for the furnishing of gas, water, electricity, telephone services, and other public utilities to the Premises during the term of this Lease or any extension thereof and for the removal of garbage and rubbish from the Premises during the term of this Lease or any extensions thereof. 13. PERSONAL PROPERTY TAXES. LESSEE shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other personal property placed by LESSEE in; on, or about the Premises including, without limiting the generality of the other terms used in this Section, anyshelves, counters, vaults, vault doors, wall safes,partitions, fixtures, machinery, plant equipment, office equipment, television or radio antennas, or communication equipment brought on the Premises by LESSEE. 14. REAL PROPERTY TAXES. All real property taxes or possessory interest taxes and assessments levied or assessed against the Premises by any governmental entity, shall be paid, before they become delinquent by LESSEE. 15. MAINTENANCE AND REPAIRS. A. CITY agrees, at its own cost and expense, to make all structural repairs to 7 18-6505/180858/SFF the Premises including but not limited to foundation, walls, and roof. LESSEE shall notify CITY Landlord of necessary repairs, which CITY will commence promptly. In the event that such work has not been commenced within 30 days from the date of such notice and completed within a reasonable time thereafter given the nature and extent of the repair, CITY agrees that such repairs may be accomplished by LESSEE, and CITY will promptly reimburse LESSEE for same. CITY shall have the right to enter on the Premises at all reasonable times (and at any time during an emergency) for the purpose of inspecting the same or to make any repairs CITY is required to be made pursuant to this Lease by Landlord hereunder. Structural repairs as used in this Section means and is limited to repairs (other than replacement of worn-out parts) to the foundations, structural portions of exterior walls, concrete slabs, beams and columns and walls bearing the main load of the roof and floors, but excluding floor covering and any improvements, additions, or changes, structural or otherwise, made by LESSEE. B. LESSEE agrees that it will, at its own cost and expense, make all repairs of whatever kind and nature, foreseen and unforeseen, to keep the Premises in good condition, other than the repairs to be performed by CITY pursuant to the preceding Subparagraph A. "Premises" as used in this Subparagraph includes heating, ventilating, air conditioning, interior walls, floor coverings and ceilings, painting and maintenance of exterior walls, the interior and exterior portions of all doors, windows, and plate glass. LESSEE shall maintain and operate the Premises pursuant to a Food Facility Health Permit issued by the Orange County Environmental Health Agency. At all times, the Premises shall be maintained, equipped and operated in compliance with State and County 8 18-6505/180858/SFF health regulations, the CITY Building and Fire Codes, and the disability access provisions of the Federal Americans with Disabilities Act. 16. TENANT IMPROVEMENTS. LESSEE may enclose the exterior dining area of the Premises with plexi-glass with prior approval of construction plans by Office of Business Development of CITY in accordance with City Building Ordinances and Regulations (the "Improvements"). Prior to LESSEE undertaking any such Improvements, CITY must agree in writing to the amount of and procedures for Rent credit, work to be done by LESSEE, and cost of such Improvements. CITY shall reimburse the LESEE the cost of such CITY-approved Improvements on a 60-month prorated basis, in the form of Rent credit. LESSEE shall submit requests for Rent credit, containing itemized costs and receipts, for review and approval by CITY,which approval shall not be unreasonably withheld. LESSEE shall pay all permit fees that may be required for completion of the Improvements. CITY shall reimburse LESSEE such fees in the same manner as the cost of Improvements. After reimbursement as provided herein, all Improvements for which CITY has reimbursed LESSEE shall become the sole property of CITY, and LESSEE shall make no claim of ownership or otherwise said Improvements. 17. ALTERATIONS AND LIENS. LESSEE shall not make or permit any other person to make any alterations to the Premises or to any improvement thereon or facility appurtenant hereto without the written consent of CITY first had and obtained. LESSEE shall keep the Premises free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operations conducted on such Premises at the instance or request of LESSEE. Furthermore, the Improvements as described in Section 16, and any and all alterations, additions, other improvements, and 9 18-6505/180858/SFF fixtures, except furniture and trade fixtures as described below, made or placed in or on the Premises by LESSEE or any other person shall on expiration or sooner termination of this Lease, or upon reimbursement as described in Section 16 hereof, become the property of CITY and remain on the Premises provided, however, that CITY shall have the option on expiration or sooner termination of this Lease of requiring LESSEE, at LESSEE's sole cost and expense, to remove any or all such Improvements, alterations, additions, other improvements, or fixtures from the Premises. 18. INSPECTION BY CITY. LESSEE shall permit CITY or CITY's agents, representatives, or employees to enter the Premises at all reasonable times for the purpose of inspecting the Premises to determine whether LESSEE is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect CITY's interest in the Premises under this Lease or to perform CITY's duties under this Lease. CITY may make quarterly inspections of the Premises and provide written reports to LESSEE. LESSEE shall make necessary repairs, clean or take any other reasonable action as required by quarterly inspection reports. 19. SURRENDER OF PREMISES. On expiration or sooner termination of this Lease, or any extensions or renewals of this Lease, LESSEE shall promptly surrender and deliver the Premises to CITY in as good condition as they are now at the date of this Lease, reasonable wear and tear, and repairs required to be made by CITY excepted. 20. INSTALLATION AND REMOVAL OF TRADE FIXTURES. LESSEE shall have the right at any time and from time to time during the term of this Lease and any renewal or extension of its term, as LESSEE's sole cost and expense, to install and affix in, to or on the Premises such items, herein called "trade fixtures," for use 10 18-6505/180858/SFF in LESSEE's trade or business as LESSEE may, in his sole discretion, deem advisable. Any and all such trade fixtures that can be removed without structural damage to the Premises or any building or improvements on the Premises shall, subject to Section 21 of this Lease, remain the property of the LESSEE and may be removed by LESSEE at any time prior to the expiration or sooner termination of this Lease. 21. TRADE FIXTURES AS SECURITY FOR LEASE. Subject to and to be subordinated to any security interest which LESSEE may give to any lending institution and/or financing source for the purpose of obtaining financing for the purchase of trade fixtures and equipment or the operation of the Premises, LESSEE hereby grants to CITY a security interest in all trade fixtures and equipment owned by LESSEE and now or hereafter placed on the Premises by LESSEE as security for the faithful performance of all the terms, conditions and covenants of this Lease to be performed by LESSEE. Any rights or rights of removal of trade fixtures given LESSEE by the provisions of Section 20 of this Lease shall be exercisable only if, at the time of removal, LESSEE is not in default in performance of this Lease. LESSEE may, however, at any time he is not in default in performance of this Lease, trade in or replace any trade fixture free of the security interest created by this Section and this security interest will then attach to the item that replaced such trade fixture. On default in performance of any obligation of this Lease to be performed by LESSEE, CITY shall immediately have as to the trade fixtures the remedies provided to a secured party under the Uniform Commercial Code as enacted in the State of California. 22. UNREMOVED TRADE FIXTURES. Any trade fixtures described in Section 20 that are not removed from the Premises by LESSEE within thirty (30) days after 11 18-6505/180858/SFF the expiration or sooner termination, regardless of cause, of this Lease shall be deemed abandoned by LESSEE and shall automatically become the property of CITY as owner of the Premises to which they are affixed and not simply because of the lien described in Section 21 of this Lease. 23. SIGNS. LESSEE shall not place and maintain, nor permit any other person to place or maintain, on or in any exterior door, wall, or window of the Premises any sign, awning, canopy,marquee, or other advertising without the express written consent and approval of CITY. Furthermore, LESSEE shall not place any decoration, lettering, or advertising matter on the glass of any interior or exterior shop window of the Premises without the written approval and consent of CITY. Should CITY consent to any such sign, awning, canopy,marquee, decoration, or advertising matter, LESSEE shall maintain it at all times during this Lease in good appearance and repair. On expiration or sooner termination of this Lease, any of the items mentioned in this Section not removed from the Premises by LESSEE on such expiration or termination of this Lease may, without damage or liability, be destroyed by CITY. 24. PARTIAL DESTRUCTION. Should the Premises or the building containing the Premises be partially destroyed by any cause not the fault of LESSEE or any person in or about the Premises with the consent, express or implied, of LESSEE, this Lease shall continue in full force and effect and CITY, at CITY's own cost and expense, shall promptly commence and diligently continue and complete the work of repairing and restoring the Premises to their prior condition providing such work can be accomplished under all applicable governmental laws and regulations within one hundred eighty (180) working days. 12 18-6505/180858/SFF 25. TOTAL DESTRUCTION. Should the Premises or the building on the Premises be so far destroyed by any cause not the fault of LESSEE or any person in or about the Premises with the consent, express or implied, of LESSEE that they cannot be repaired or restored to their former condition within one-hundred eighty (180) working days, CITY may, at CITY's option: (a) Continue this Lease in full force and effect by repairing and restoring, at CITY's own cost and expense, the Premises to their former condition; or (b) terminate this Lease by giving LESSEE written notice of such termination. 26. INSURANCE PROCEEDS. Any insurance proceeds received by CITY because of the total or partial destruction of the Premises or the building on the Premises shall be the sole property of CITY, except LESSEE shall be compensated for loss to leasehold improvements and fixtures beyond any and all insurance proceeds including business interruption insurance which would ordinarily flow to the benefit of LESSEE. 27. ABATEMENT OF RENT. Should CITY elect under Section 25 of this Lease or be required under Section 24 of this Lease to repair and restore the Premises to their former condition following partial or full destruction of the Premises or the building on the Premises: (a) CITY shall have full right to enter the Premises and take possession of so much of the Premises, including the whole of the Premises, as may be reasonably necessary to enable CITY promptly and efficiently to carry out the work of repair and restoration; and 13 18-6505/180858/SFF (b) The percentage Rent described in Section 6 of this Lease shall be not abated for the time LESSEE is prevented from using the whole of the Premises. 28. CONDEMNATION COMPENSATION. All compensation and damages awarded for a total taking of the Premises shall belong to and be the sole property of CITY, and LESSEE shall have no claim to any amount or part of any award except, however, that LESSEE shall be entitled to receive the portion of any award attributable to the taking of those trade fixtures that LESSEE has the right to remove under this Lease but does not remove from the Premises; or when LESSEE does remove the trade fixtures, a reasonable amount for removal and relocation expenses, provided that amount does not exceed the market value of or damages to which LESSEE may become entitled. This Lease shall have no condemnation value to LESSEE. 29. RELOCATION AND ASSISTANCE. In the event this Lease is terminated for any reason by CITY, LESSEE shall not be entitled to any relocation rights or benefits and, except those itemized in Section 28, and LESSEE expressly waives such benefits and rights under City, State or Federal Relocation Assistance Plans. 30. SUBLEASING OR ASSIGNING AS BREACH. LESSEE shall not encumber, assign, or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of CITY first had and obtained. Neither shall LESSEE sublet the Premises or any part thereof or allow any other person, other than LESSEE's agents, servants, and employees, to occupy the Premises or any part thereof without the prior written consent of CITY. A consent by CITY to one assignment, one subletting, or one occupation of the Premises by another 14 18-6505/180858/SFF person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of CITY, whether it be voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of CITY, terminate this Lease. The consent of CITY to any encumbrance, assignment including occupation or transfer hereof of LESSEE's interest in this Lease or the subletting by LESSEE of the Premises or parts of the Premises shall not be unreasonably withheld; however, CITY shall have the right of first refusal in connection with any assignment, sale, sublease or transfer hereof and agrees to exercise or refuse such right in writing within thirty (30) days of notice by LESSEE. Such right shall not apply, however, to assignments, transfers, or sublettings to immediate family members of LESSEE, a family trust or to any corporate entity of which LESSEE, or any of LESSEE's immediate family, are sole stockholders. 31. ABANDONMENT BY LESSEE. Should LESSEE breach this Lease and abandon the Premises prior to the natural expiration of the term of this Lease, CITY may: (a) Continue this Lease in effect by not terminating LESSEE's right to possession of the Premises, in which event CITY shall be entitled to enforce all of its rights and remedies under this Lease, including the right to recover the Rent specified in this Lease as it becomes due under this Lease; (b) Terminate this Lease and recover from LESSEE: (1) The worth at the time of award of the unpaid Rent which had been earned at the time of termination of the Lease; (2) The worth at the time of award of the amount by which 15 18-6505/180858/SFF the unpaid Rent which would have been earned after termination of the Lease until the time of award exceeds the amount of rental loss that LESSEE proves could have been reasonably avoided; (3) The worth at the time of award of the amount by which the unpaid Rent for the balance of the term of this Lease after the time of award exceeds the amount of rental loss that LESSEE proves could be reasonably avoided; and (4) Any other amount necessary to compensate CITY for all detriment proximately caused by LESSEE's failure to perform his obligations under this Lease. 32. DEFAULT BY LESSEE. Should LESSEE default in the performance of any of the covenants, conditions, or agreements contained in this Lease, LESSEE shall have breached the Lease and CITY may, in addition to the remedy specified in the subparagraph (b) of Section 31 of this Lease, re-enter and regain possession of the Premises in the manner provided by the laws of unlawful detainer of the State of California then in effect. 33. INSOLVENCY OF LESSEE. The insolvency of LESSEE as evidenced by a receiver being appointed to take possession of all or substantially all of the property of LESSEE, or the making of a general assignment for the benefit of creditors by LESSEE, or filing a petition in bankruptcy shall terminate this Lease and entitle CITY to re-enter and regain possession of the Premises. 34. CUMULATIVE REMEDIES. The remedies given to CITY in this Lease 16 18-6505/180858/SFF shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Lease. 35. WAIVER OF BREACH. The waiver by CITY of any breach by LESSEE of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach by LESSEE either of the same or another provision of this Lease. 36. FORCE MAJEURE - UNAVOIDABLE DELAYS. Should the performance of any act required by this Lease to be performed by either CITY or LESSEE be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall excuse the prompt payment of Rent by LESSEE as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the party, CITY or LESSEE, required to perform the act. 37. CARE OF PREMISES —MAINTENANCE DEPOSIT. LESSEE shall: (a) Paint, stain or seal the Premises' stucco, trim, etc., a minimum of every two years, unless it is determined by CITY in its sole discretion, that such work shall be done once every year. All exterior metal surfaces shall be painted no less than once each year except the roof. 17 18-6505/180858/SFF (b) Remove any and all graffiti at LESSEE's own expense from the Premises within forty-eight (48) hours of notice thereof. (c) Not obstruct, cause or permit any obstruction surrounding the Premises or any part thereof in any manner whatsoever. (d) Comply with all written notices served by CITY with regard to the care and maintenance of the Premises. (e) Install, at LESSEE's sole cost and expense, a grease trap and provide for said grease trap to be pumped out a minimum of once per year. Any written notice CITY gives LESSEEE hereunder shall specify the work to be done, the estimated cost thereof, and the period of time deemed to be reasonably necessary for completion of such work. Should LESSEE fail to comply with CITY's written notice within fifteen (15) days, or within a time deemed reasonably necessary of the time specified therein, LESSEE shall pay over to CITY the estimated cost of such work as set forth in the notice. Upon receipt of such sum, CITY shall then proceed to cause the required work to be performed. 38. SECURITY DEPOSIT. Upon execution hereof, LESSEE shall pay and maintain at all times hereunder, a security deposit with CITY in a sum of not less than Two Thousand Five Hundred Dollars ($2,500.00) to guarantee the repair and maintenance of the leased premises as provided hereinabove. Such deposit may be in the form of cash or an assignment of certificate of deposit or savings account. The form of any such assignment shall be approved by the City Attorney. 39. EMERGENCY CLOSING OR CLOSING TO EFFECT REPAIR 18 18-6505/180858/SFF OR REMODELING OF THE PREMISES. CITY may close the beach without liability to LESSEE at any time it deems necessary for the protection of life, limb or property, or upon reasonable notice to effect any repair, remodeling or rebuilding of the Premises deemed necessary by CITY. 40. DELIVERIES OF SUPPLIES. CITY shall establish the days and times for deliveries of supplies, and advise LESSEE in writing thereof. All vendors, salesmen, and guests of LESSEE must obey all parking and traffic regulations. 41. EMPLOYEE PARKING. CITY shall establish the days, times, and locations for vehicular parking by LESSEE and LESSEE's employees, and the maximum number of allowed automobiles, trucks, and other motorized and non- motorized vehicles on the Premises and shall advise LESSEE in writing thereof. LESSEE and its employees must obey all parking and traffic regulations. 42. NOTICE. Any written notice, given under the terms of this Agreement, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY OF HUNTINGTON BEACH: LESSEE: Deputy Director of Economic Mr. Michael Ali Development Pier Plaza Beach Concession City of Huntington Beach 19102 Beachcrest Lane 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92646 Huntington Beach, CA 92648 43. LESSEE' S RIGHT TO RENEGOTIATE LEASE. If in the event CITY shall at some future time within the term of this Lease or any extension thereof, redevelop the immediate area on which the Premises is situated, or the immediately adjacent surrounding area thereto, to the extent that one or more new eating facilities 19 18-6505/180858/SFF are constructed and situated either on said immediate area or adjacent thereto, and, in such event, LESSEE can demonstrate that such has or will cause him to be detrimentally affected thereby, then, in such event, LESSEE shall have the right to request that the terms, conditions, and provisions of this Lease be renegotiated. The Parties agree that each shall deal with the other in good faith. 44. INSURANCE HAZARDS. LESSEE shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any fire, liability, or other insurance policy insuring the Premises or the improvements on the Premises. LESSEE shall, at his own cost and expense, comply with any and all requirements of CITY's insurance carriers necessary for the continued maintenance at reasonable rates of fire and liability insurance policies on the Premises and the improvements on the Premises. 45. WASTE OR NUISANCE. LESSEE shall not commit or permit the commission by others of any waste on the Premises; LESSEE shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code on the Premises; and LESSEE shall not use or permit the use of the Premises for any unlawful purpose. 46. COMPLIANCE WITH LAW. LESSEE shall at LESSEE's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, Federal, State, County and municipal, relating to LESSEE'S use and occupancy of the Premises, whether such statutes, ordinances, regulations, and 20 18-6505/180858/SFF requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by LESSEE in a proceeding brought against LESSEE by any government entity, that LESSEE has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between CITY and LESSEE and shall be ground for termination of this Lease by CITY. 47. BINDING ON HEIRS AND SUCCESSORS. This Lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 48. PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the Parties are not materially impaired. 49. SOLE AND ONLY AGREEMENT. This instrument constitutes the sole and only agreement between CITY and LESSEE respecting the Premises, the leasing of the Premises to LESSEE, or the term herein specified, and correctly sets forth the obligations of CITY and LESSEE to each other as of its date. Any agreements or representations respecting the Premises or their leasing by CITY to LESSEE not expressly set forth in this instrument are null and void. 50. TIME OF ESSENCE. Time is expressly declared to be the essence of this Lease. 51. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. LESSEE shall indemnify and save and hold harmless CITY, its officers and 21 18-6505/180858/SFF employees, from any and all liability, including any claim of liability and any and all losses or costs arising out of the performance of this Leas by LESSEE, its officers or employees or from any willful misconduct of LESSEE, its officers or employees while engaged in the performance of this Agreement. 52. WORKERS' COMPENSATION. LESSEE shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or Federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by LESSEE under this Agreement. LESSEE shall obtain and furnish evidence to CITY of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $500,000 bodily injury by accident, each accident, $500,000 bodily injury by disease, each employee, and $1,000,000 bodily injury by disease, policy limit. 53. INSURANCE. In addition to the Workers' Compensation insurance and LESSEE's covenant to indemnify CITY, LESSEE shall obtain and furnish to CITY the following insurance policies covering the Premises: (a) General Liability Insurance. A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify LESSEE, its officers, agents and employees, while acting within the scope of 22 18-6505/180858/SFF their duties, against any and all claims arising out of or in connection with the Premises, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. Said policy shall name CITY, its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the Premises shall be deemed excess coverage and that LESSEE's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the CITY. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the CITY. All coverage available to LESSEE shall also be available to the CITY. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however, an insurance policy "deductible" of$5,000.00 is permitted. (b) Fire Insurance. In order that the business of LESSEE and the Gross Sales of LESSEE as defined in this Lease may continue with as little interruption as possible, LESSEE shall, during the full term of this Lease and any renewals or extensions thereof, maintain as LESSEE's own cost and expense an insurance policy issued by a reputable company authorized to conduct insurance business in California insuring for their full insurable value 23 18-6505/180858/SFF all fixtures and equipment and, to the extent possible, all merchandise that is, at any time during the term of this Lease or any renewal or extension thereof, in or on the premises against damage or destruction by fire, theft, or the elements. LESSEE shall also maintain in force during the entire term of this Agreement, a standard broad form fire insurance policy in which the CITY is named and which any and all losses are made payable to CITY. The face amount of the policy shall be for ninety (90)percent of the replacement value of the Premises, and be in a form acceptable to the City Attorney. 54. NONDISCRIMINATION. LESSEE agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this Agreement, in accordance with Government Code § 12940 and the Unruh Civil Rights Act, at Section 51, et seq. of the California Civil Code. 55. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. (SIGNATURES ON THE FOLLOWING PAGE) 24 18-6505/180858/SFF IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their authorized officers on the day, month and year first above written. LESSEE CITY OF HUNTINGTON BEACH, a California municipal i oration /Nf1dfXEL ALI k�w Ma r 7� City•Clerk INITIATED AND APPROVED: Director of Economic velopment REVIEWED AND APPROVED AS TO CONTENT Ci a er APPROVED FORM: ity Attorney �r�/yIIY 25 18-6505/180858/SFF G K rl qZ REStR00N� CONCESSION BI,OG. � `' � REFER t0 ARCM. ORAWI►)5 E • � qq -- TYP. qg -- � RAW � E i X a or ` } ° o o EJ EJ 75 7.5' 3.5, 7.5- 7.5 45- Of 10 A I f. BROOM FIN191 B REfAROEO FIN150 COLOR= q� INtEGRAI. DOLOR, tYP. 15 15 ,,, NAfLKAL GREY QUARRY REO • •A ,w�. --r IER PLAZA w�� F.NW..,�.cm RESTROOM/CONCESSION VAX ma maw °i""""' BUILDING i /� 6/30/98 � -! 4A,4AL .: I"- tO 1 OP ID: MG ,4�coRo,. CERTIFICATE OF LIABILITY INSURANCE DA0911812018TE Y) 09/18/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Huntington Pacific Ins.Agency NAME: Mark Heberden 7901 Professional Circle g y n/coNN EXt:714-841-6283 ac No):714-842-2538 Huntington Beach,CA 92648 ADDRESS:mark@huntpacificinsurance.com Robin Hatfield PRODUCER ZACKS-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC If INSURED Zack's INSURER A:Capitol Specialty Insurance dba:Zack's Pier Plaza dba:Zacks Too INSURER B:Guard Insurance Group Mike All INSURER C: 8181 Deauville Drive INSURER D: Huntington Beach, CA 92646 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER MMIDD//YYYY MM/DD//YYYY LIMITS LTR GENERAL LIABILITY EACH DCCURRENCE $ 1,000,00 AMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY Y CS02398487-05 06/06/2018 06/06/2019 PREMISES Ea occurrence) $ 100,00 CLAIMS-MADE 1 OCCUR MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/DP AGG $ 2,000,00 X POLICY n PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO APPROVED AS TO F (Ea accident) BDDILY INJURY(Per person) $ ALL DWNED AUTOS Qp /" BDDILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTDS '�"r1 MI:CHAEL E.GA S �� !/ (PER ACCIDENT) $ CITY ATTORN 7� $ NDN-OWNED AUTOS CM n i lWr?kIr,TON EAC" UMBRELLALIAB DCCUR EACH OCCURRENCE $ EXCESSI CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- DTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N MIWC914237 09/12/2018 09/12/2019 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED' ❑ N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,00 If yes,descnbe under DESCRIPTIDN OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City,of Huntington Beach,it's officers elected or apppinted officials employee,agents and volunteers are additional insureds in respects to tie eneral Liabill .*10 da Notice for No4n ppayment.O eratioC s are Beach oncessions,Bach ac essory Rentals,Surf Lessors and Catering. CERTIFICATE HOLDER CANCELLATION CITY012 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty g ACCORDANCE WITH THE POLICY PROVISIONS. Community Services Dept. 2000 Main Street Huntington Beach„ CA 92648 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD tack's ZACKS-1 PAGE 2 INSURED'S NAME OP ID: MG Date 09/18/2018 Primary and Non-Contributory Applies. Location no: 001 @ 21579 Pacific Coast Hwy., Huntington Beach, CA 92648 Building coverage: @ $ 150,000. Bus. Personal Property: @ $ 75,000. Business Income w/EE: @ $ 30,000. Location no: 002 @ 405 Pacific Coast Hwy., Huntington Beach, CA 92648 Building coverage: @ $ 300,000. Bus. Personal Property: @ $ 100,000. Business Income w/EE: @ $ 30,000. Policy Number: CS02398487-05 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Huntington Beach, its officers, employees, agents and volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in theDeclarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No.: _ I CS02398487-05 Policy Effective Date: 06/06/2018 12:01 a.m. standard time. Policy Change Summary Endorsement Endorsement Number: 13 _ rEndorsement Effective Date: 09/04/2018 12:01 a.m.standard time_ Swmi of thanes: - Changes below are effective as of the endorsement effective date listed above: City of Huntington Beach its officers,employees,agents and volunteers 2000 Main Street Huntington Beach, CA 92648 All other terms and conditions of this Policy remain unchanged. CGE 513 08 15 0 2015 Cap5peaalty,Inc.All rights reserved. Page 1 of 1 Policy Number: CS02398487-05 COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk ' Robin Estanislau, City Clerk October 10, 2018 � ri'lpG� io/z 'L/ / / 8 7b Pier Plaza Concession Attn: Mr. Michael Ali 19102 Beachcrest Lane Huntington Beach, CA 92646 Dear Mr. Ali: Enclosed is a copy of the fully executed "Lease Agreement between the City of Huntington Beach and Michael Ali, DBA Pier Plaza Concession." Sincerely, A40U Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand a co OD LO 6'N ? u r 0- U w ec rm r : mr 'd` w, IQ 7' ' - � .. co ir 1 ul I C u ai N P4 40tM t tw 0 ca Q 0000 Sj) • — ro a) co S 4"E4E-f of � ) u9Q ro u A i u -i ra ono H �W Z fii I u 1 0 a) t g City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov FB•77,1999 Pp. � Office of the City Clerk Robin Estanislau, City Clerk October 25, 2018 Pier Plaza Beach Concession Attn: Mr. Michael Ali 8181 Deauville Drive Huntington Beach, CA 92646 Dear Mr. Ali: Enclosed is a duplicate original of the fully executed "Lease Agreement between the City of Huntington Beach and Michael Ali, DBA Pier Plaza Beach Concession." Sincerely, ��dnaj� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand