in witness whereof, the parties have executed this ...file.lacounty.gov/sdsinter/bos/bc/146265...in...

67
IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement Number 48725, effective as of the date first above written. ouglas W. Colliflower Managing General Partner APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel BYCk&~ Cl ~d&- Christina A. Salseda, Principal Deputy Altadena Lease Agreement 48724 Amendment 4 18 IN WITNESS WHEREOF, the parties have executed this Amendment NO.4 to Lease Agreement Number 48725, effective as of the date first ~bove written. ouglas W. Colliflower Managing General Partner APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel BY~~~ Cì ~ci Christina A. Salseda, Principal Deputy Altadena Lease Agreement 48724 Amendment 4 18

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Page 1: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease

Agreement Number 48725, effective as of the date first above written.

ouglas W. Colliflower

Managing General Partner

APPROVED AS TO FORM:

ANDREA SHERIDAN ORDINCounty Counsel

BYCk&~ Cl ~d&-Christina A. Salseda, Principal Deputy

Altadena Lease Agreement 48724Amendment 4

18

IN WITNESS WHEREOF, the parties have executed this Amendment NO.4 to Lease

Agreement Number 48725, effective as of the date first ~bove written.

ouglas W. Colliflower

Managing General Partner

APPROVED AS TO FORM:

ANDREA SHERIDAN ORDINCounty Counsel

BY~~~ Cì ~ciChristina A. Salseda, Principal Deputy

Altadena Lease Agreement 48724Amendment 4

18

Page 2: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

County of Los AngelesCHIEF EXECUTIVE OFFICE

Kenneth Hahn Hall of Administration500 West Temple Street, Room 713, Los Angeles, California 90012

(213) 974-1101http://ceo.lacounty .gov

WILLIAM T FUJIOKAChief Executive Officer

Board of SupervisorsGLORIA MOLINAFirst District

MARK RIDLEY-THOMASSecond District

May 18, 2010 ZEV YAROSLAVSKYThird District

DON KNABEFourth District

The Honorable Board of SupervisorsCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple StreetLos Angeles, CA 90012

MICHAEL D. ANTONOVICHFifth District

Dear Supervisors:

DEPARTMENT OF PARKS AND RECREATION:APPROV AL OF LEASE AMENDMENTS TO COUNTY CONTRACTS NO. 48724AND 48725 FOR OPERATION OF ALTADENA AND EATON CANYON COUNTY

GOLF COURSES(FIFTH DISTRICT) (3 VOTES)

SUBJECT

Amendment of existing operating lease agreements at two County golf courses isrecommended to resolve a rent adjustment request and establish a more appropriaterent structure.

IT IS RECOMMENDED THAT YOUR BOARD:

1. Find that the approval of the amendments to the subject lease agreements arecategorically exempt projects under California Environmental Quality Actguidelines in accordance with Article 19, Section 15301 (a) and (d); and

2. Approve and instruct the Director of the Department of Parks and Recreation toexecute the amendments to Lease Agreements Numbers 48724 and 48725 withDC Golf, for the continued operation of Altadena and Eaton Canyon County GolfCourses, modifying the rent structure and providing for the repayment of pastdue rent except for late fees, effective May 1, 2010.

'To Enrich Lives Through Effective And Caring Service"

Please Conserve Paper - This Document and Copies are Two-SidedIntra-County Correspondence Sent Electronically Only

County of Los AngelesCHIEF EXECUTIVE OFFICE

Kenneth Hahn Hall of Administration500 West Temple Street, Room 713, Los Angeles, California 90012

(213) 974-1101http://ceo.lacounty .gov

WILLIAM T FUJIOKAChief Executive Officer

Board of SupervisorsGLORIA MOLINAFirst District

MARK RIDLEY-THOMASSecond District

May 18, 2010 ZEV YAROSLAVSKYThird District

DON KNABEFourth District

The Honorable Board of SupervisorsCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple StreetLos Angeles, CA 90012

MICHAEL D. ANTONOVICHFifth District

Dear Supervisors:

DEPARTMENT OF PARKS AND RECREATION:APPROV AL OF LEASE AMENDMENTS TO COUNTY CONTRACTS NO. 48724AND 48725 FOR OPERATION OF ALTADENA AND EATON CANYON COUNTY

GOLF COURSES(FIFTH DISTRICT) (3 VOTES)

SUBJECT

Amendment of existing operating lease agreements at two County golf courses isrecommended to resolve a rent adjustment request and establish a more appropriaterent structure.

IT IS RECOMMENDED THAT YOUR BOARD:

1. Find that the approval of the amendments to the subject lease agreements arecategorically exempt projects under California Environmental Quality Actguidelines in accordance with Article 19, Section 15301 (a) and (d); and

2. Approve and instruct the Director of the Department of Parks and Recreation toexecute the amendments to Lease Agreements Numbers 48724 and 48725 withDC Golf, for the continued operation of Altadena and Eaton Canyon County GolfCourses, modifying the rent structure and providing for the repayment of pastdue rent except for late fees, effective May 1, 2010.

'To Enrich Lives Through Effective And Caring Service"

Please Conserve Paper - This Document and Copies are Two-SidedIntra-County Correspondence Sent Electronically Only

Page 3: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

The Honorable Board of SupervisorsMay 18, 2010Page 2

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION

Approval of the recommended actions will resolve a rent adjustment request and anissue involving past due rent at the Altadena and Eaton Canyon Golf Courses, byamending the subject lease agreements to provide a modified rent structure that willenable the County to recover an appropriate level of unpaid past rent and establish arevised rent schedule that is acceptable to the Department of Parks and Recreation(Department) and DC Golf, the operator of the subject golf courses.

Background

In October 1984, the County entered into two separate lease agreements (LeaseNumbers 48724 and 48725) with David Cink and Doug Colliflower (CinkiColliflower) forthe operation of Altadena and Eaton Canyon Golf Courses. In 1992, CinkiColliflowerassigned the lease agreements to DC Golf, a limited partnership. Since then, yourBoard has approved three amendments to each agreement. Under the agreements, ascurrently amended, rent payments to the County are based upon a percentage of grossmonthly receipts at each golf course or a minimum base rent of $322,500 for bothfacilities, whichever is greater. Pursuant to this structure, through 2003, the combinedannual rent payment on both courses averaged $480,000.

In August 2003, DC Golf reported that the annual rent payments due under the rentstructure could not be sustained due to a continuing decline in golf revenue andsubsequently requested a readjustment in rent. Such a request is permitted underSection 5.01 of the lease agreements, which provides II The minimum rentals and/orpercentage provided for hereinafter shall be subject to readjustment upon demandtherefore by either party within ninety (90) days preceding the first anniversary date ofthis agreement. /I

In June 2005, while the Department was reviewing financial records and considering DCGolf's rent reduction request, DC Golf briefly ceased making rental payments. DC Golfresumed rent payments in December 2005 and continued to make timely paymentsthrough March 2006, after which it again ceased to make rent payments. Overall, DCGolf failed to pay $2,170,053 in overdue rent payments and late fees.

Independent Analysis

In order to address the request for rental modification, the Department and the ChiefExecutive Office (CEO), engaged an independent consultant, Economic ResearchAssociates (ERA) to conduct a market and financial evaluation of the Altadena andEaton Canyon Golf Courses in 2006. The study was to assist in determining whether ornot DC Golf was justified in requesting a reduction in the rental amount, pursuant toSection 5.01 of the agreements. The ERA study found that the operation of these two

The Honorable Board of SupervisorsMay 18, 2010Page 2

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION

Approval of the recommended actions will resolve a rent adjustment request and anissue involving past due rent at the Altadena and Eaton Canyon Golf Courses, byamending the subject lease agreements to provide a modified rent structure that willenable the County to recover an appropriate level of unpaid past rent and establish arevised rent schedule that is acceptable to the Department of Parks and Recreation(Department) and DC Golf, the operator of the subject golf courses.

Background

In October 1984, the County entered into two separate lease agreements (Lease

Numbers 48724 and 48725) with David Cink and Doug Colliflower (Cink/Colliflower) forthe operation of Altadena and Eaton Canyon Golf Courses. In 1992, Cink/Colliflowerassigned the lease agreements to DC Golf, a limited partnership. Since then, yourBoard has approved three amendments to each agreement. Under the agreements, ascurrently amended, rent payments to the County are based upon a percentage of grossmonthly receipts at each golf course or a minimum base rent of $322,500 for bothfacilities, whichever is greater. Pursuant to this structure, through 2003, the combinedannual rent payment on both courses averaged $480,000.

In August 2003, DC Golf reported that the annual rent payments due under the rentstructure could not be sustained due to a continuing decline in golf revenue and

subsequently requested a readjustment in rent. Such a request is permitted under

Section 5.01 of the lease agreements, which provides II The minimum rentals and/orpercentage provided for hereinafter shall be subject to readjustment upon demandtherefore by either party within ninety (90) days preceding the first anniversary date ofthis agreement. /I

In June 2005, while the Department was reviewing financial records and considering DCGolf's rent reduction request, DC Golf briefly ceased making rental payments. DC Golfresumed rent payments in December 2005 and continued to make timely paymentsthrough March 2006, after which it again ceased to make rent payments. Overall, DCGolf failed to pay $2,170,053 in overdue rent payments and late fees.

Independent Analysis

In order to address the request for rental modification, the Department and the ChiefExecutive Offce (CEO), engaged an independent consultant, Economic ResearchAssociates (ERA) to conduct a market and financial evaluation of the Altadena andEaton Canyon Golf Courses in 2006. The study was to assist in determining whether ornot DC Golf was justified in requesting a reduction in the rental amount, pursuant toSection 5.01 of the agreements. The ERA study found that the operation of these two

Page 4: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

The Honorable Board of SupervisorsMay 18, 2010Page 3

courses was handicapped by the following factors:

• Rounds of golf played in Southern California and the nation overall, havedeclined significantly over the past decade;

• The revenue potential at nine-hole golf courses is constrained by lower green feerates than those charged at 18-hole courses; and

• The expense of operating two nine-hole golf courses was inherently less efficientand subsequently more costly than a single 18-hole golf course and wereexacerbated at the Altadena/Eaton Canyon courses by higher water costs.

The ERA study further noted that the Southern California golf market had indeedsoftened since 2000 due to a decrease in rounds played, competition from new courses,and a sluggish economy. Since 2001, the rounds of play at the Altadena/Eaton Canyoncourses declined from 151,000 to 118,000, before recovering slightly in 2009, to121,000 rounds. In addition to the declining golf market, the ERA study found that DCGolf's revenue potential was constrained by a green fee structure that is 43 percentlower than that imposed at the County's 18-hole courses. Weekend green fees at thenine-hole Altadena or Eaton Canyon course, for example, are $18.25 versus $33.00 atan 18-hole course.

The revenue limitations on the Altadena and Eaton Canyon courses are matched bychallenges in managing expenditures on two, nine-hole courses. The geographicseparation of the two courses results in redundant maintenance and operational costs.Moreover, DC Golf is required to pay a 35 percent surcharge to the City of Pasadena forirrigation water, for Altadena Golf Course. The combination of revenue constraints,expenditure redundancy, and water surcharges detailed in the following table, resultedin a negative cash flow commencing in 2004 that ultimately led to DC Golf'snonpayment of rent obligation to the County.

Altadena and Eaton Canyon Golf CoursesProfit and Loss History

2004 2005 2006 2007 2008 2009Rounds 132,000 123,000 123,000 120,000 118,000 121,000

Revenue $2,536,064 $ 2,414,432 $2,346,205 $ 2,372,218 2,580,818 $2,892,224Expense (1) 2,312,820 2,544,824 2,641,228 2,771,900 2,442,444 2,625,257Net Income $ 223,244 $ (130,392) $(295,023) $ (402,682) $ 138,374 $ 266,967

Rent Due (458,143) $ (436,888) (404,311 ) (442,738) (458,447) (473,103)Total Loss $ (234,899) $ (567,280) $ 699,334) $ (845,420) $ (320,073) $ (206,136)

(1) Excluding rent

The Honorable Board of SupervisorsMay 18, 2010Page 3

courses was handicapped by the following factors:

· Rounds of golf played in Southern California and the nation overall, havedeclined significantly over the past decade;

· The revenue potential at nine-hole golf courses is constrained by lower green feerates than those charged at 18-hole courses; and

· The expense of operating two nine-hole golf courses was inherently less efficientand subsequently more costly than a single 18-hole golf course and wereexacerbated at the Altadena/Eaton Canyon courses by higher water costs.

The ERA study further noted that the Southern California golf market had indeedsoftened since 2000 due to a decrease in rounds played, competition from new courses,and a sluggish economy. Since 2001, the rounds of play at the Altadena/Eaton Canyoncourses declined from 151,000 to 118,000, before recovering slightly in 2009, to121,000 rounds. In addition to the declining golf market, the ERA study found that DCGolf's revenue potential was constrained by a green fee structure that is 43 percentlower than that imposed at the County's 18-hole courses. Weekend green fees at thenine-hole Altadena or Eaton Canyon course, for example, are $18.25 versus $33.00 atan 18-hole course.

The revenue limitations on the Altadena and Eaton Canyon courses are matched bychallenges in managing expenditures on two, nine-hole courses. The geographicseparation of the two courses results in redundant maintenance and operational costs.Moreover, DC Golf is required to pay a 35 percent surcharge to the City of Pasadena forirrigation water, for Altadena Golf Course. The combination of revenue constraints,expenditure redundancy, and water surcharges detailed in the following table, resultedin a negative cash flow commencing in 2004 that ultimately led to DC Golf'snonpayment of rent obligation to the County.

Altadena and Eaton Canyon Golf CoursesProfit and Loss History

2004 2005 2006 2007 2008 2009Rounds 132,000 123,000 123,000 120,000 118,000 121,000

Revenue $2,536,064 $ 2,414,432 $2,346,205 $ 2,372,218 2,580,818 $2,892,224Expense (1) 2,312,820 2,544,824 2,641,228 2,771,900 2,442,444 2,625,257Net Income $ 223,244 $ (130,392) $(295,023) $ (402,682) $ 138,374 $ 266,967

Rent Due (458,143) $ (436,888) (404,311 ) (442,738) (458,447) (473,103)Total Loss $ (234,899) $ (567,280) $ 699,334) $ (845,420) $ (320,073) $ (206,136)

(1) Excluding rent

Page 5: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

The Honorable Board of SupervisorsMay 18, 2010Page 4

Based on its analysis, the ERA study concluded that the rent structure could not besustained by DC Golf and recommended that rent at the Altadena and Eaton Canyoncourses be reduced by 50 percent and that measures be taken to reduce ongoing watercosts.

Based on the findings of the ERA study, the CEO and the Department have negotiateda settlement with DC Golf. The recommended settlement establishes a revised rentalstructure, in accordance with the ERA study, that:

• Imposes a new cumulative rental amount, equal to approximately 50 percentof the current rate, from the date DC Golf requested a rent modification,thereby deleting the requirement that DC Golf pay a percentage of grossreceipts to the County; and

• Requires DC Golf to repay the past due rent, except for the late fees. Thepast due rent, as per the terms of the proposed agreements, has beensimilarly adjusted to reflect the revised 50 percent rent rate.

I. Calculation of Adjusted Monthly Base Rent Amount

Rent Paid Since 12/03 (22 months)Rent Past Due (55 months)Total Rent

$ 794,119$ 2.128,321$ 2,922,440

Average Monthly Rent (over 77 months) $ 37,954Adjusted Monthly Base Rent (50% of Average Monthly Rent) $ 18,977

II. Calculation of Monthly Repayment of Past Due Rent

Rent Past DueLess: Credit for waived late fees

Credit for Rent Paid Since 12/03Adjusted Rent Past Due

$ 2,128,321( 41,732)( 794.119)$ 1,292,470

Monthly Payment of Rent Past Due Over Remaining 55 Months $ 23,500Adjusted Monthly Repayment at 50% $ 11,750

III. Total Combined Monthly Rent

Adjusted Monthly Base RentAdjusted Monthly Repayment of Past Due RentTotal Combined Monthly Rent

$ 18,97711,750

$ 30,727

The revised monthly rent rate will equal $30,727, comprised of $18,977 for the currentmonthly payment plus $11,750 for repayment of the discounted past rent due. On anannual basis, the Department will realize $368,724 in revenue for each of the fiveremaining years of the lease.

The Honorable Board of SupervisorsMay 18, 2010Page 4

Based on its analysis, the ERA study concluded that the rent structure could not besustained by DC Golf and recommended that rent at the Altadena and Eaton Canyoncourses be reduced by 50 percent and that measures be taken to reduce ongoing watercosts.

Based on the findings of the ERA study, the CEO and the Department have negotiateda settlement with DC Golf. The recommended settlement establishes a revised rentalstructure, in accordance with the ERA study, that:

· Imposes a new cumulative rental amount, equal to approximately 50 percentof the current rate, from the date DC Golf requested a rent modification,thereby deleting the requirement that DC Golf pay a percentage of grossreceipts to the County; and

· Requires DC Golf to repay the past due rent, except for the late fees. Thepast due rent, as per the terms of the proposed agreements, has been

similarly adjusted to reflect the revised 50 percent rent rate.

i. Calculation of Adjusted Monthly Base Rent Amount

Rent Paid Since 12/03 (22 months)Rent Past Due (55 months)Total Rent

$ 794,119$ 2.128,321$ 2,922,440

Average Monthly Rent (over 77 months) $ 37,954Adjusted Monthly Base Rent (50% of Average Monthly Rent) $ 18,977

II. Calculation of Monthly Repayment of Past Due Rent

Rent Past DueLess: Credit for waived late fees

Credit for Rent Paid Since 12/03Adjusted Rent Past Due

$ 2,128,321( 41,732)( 794.119)

$ 1,292,470

Monthly Payment of Rent Past Due Over Remaining 55 Months $ 23,500Adjusted Monthly Repayment at 50% $ 11,750

II. Total Combined Monthly Rent

Adjusted Monthly Base RentAdjusted Monthly Repayment of Past Due RentTotal Combined Monthly Rent

$ 18,97711.750

$ 30,727

The revised monthly rent rate will equal $30,727, comprised of $18,977 for the currentmonthly payment plus $11,750 for repayment of the discounted past rent due. On anannual basis, the Department will realize $368,724 in revenue for each of the fiveremaining years of the lease.

Page 6: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

The Honorable Board of SupervisorsMay 18, 2010Page 5

To ensure the new rent is sustainable, the Department has worked with DC Golf torestructure staffing levels and to reduce water consumption at the two golf courses. AtAltadena, the Department is developing a plan to reduce turf coverage by 30 percent,thereby reducing water consumption by a corresponding amount and generating annualwater cost savings of up to $100,000. At Eaton Canyon, playing areas that areidentified as non-essential will be targeted for a water consumption reduction of 20percent, which will yield annual savings of up to $48,000. The reductions in operatingexpense will generate savings and allow DC Golf to meet the payment obligations.

To avoid any future situation of nonpayment of rent in those concession agreements,which allow operators to request a rental modification, the Department's ContractCompliance unit shall work closely with the CEO and County Counsel, to develop aprocedure and training program to resolve any issues.

The new lease amendments will resolve all outstanding issues by reducing theminimum rent payment and provide for the repayment of past due rent. Further, theDepartment will continue to assist DC Golf in an effort to reduce water consumption atboth golf courses. Accordingly, the CEO believes that the County shall receive a fairreturn in rent from the lessee.

FISCAL IMPACT/FINANCING

Based on the ERA recommendation, the monthly rent shall be reduced byapproximately one-half from $17,173 to $8,587 for Altadena, and from $20,781 to$10,390 for Eaton Canyon. The new rent amount is a flat rate applied for the periodbeginning 2003, when DC requested the readjustment. The new monthly rent, includingthe past due payment, shall be $13,822 ($165,864 annually) for Altadena and $16,905($202,860 annually) for Eaton Canyon.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS

In October 1984, the County entered into two separate operating agreements withCinkiColliflower for the operation of Altadena and Eaton Canyon Golf Courses. Theagreements each provide that either party may demand readjustment of rent. Uponresolution of the rent adjustment, the new rental amount is to apply back to theanniversary date of the agreement. The agreements provide that the County mayterminate for default; however, they do not contain a Termination for Convenienceclause.

The Honorable Board of SupervisorsMay 18, 2010Page 5

To ensure the new rent is sustainable, the Department has worked with DC Golf torestructure staffing levels and to reduce water consumption at the two golf courses. AtAltadena, the Department is developing a plan to reduce turf coverage by 30 percent,thereby reducing water consumption by a corresponding amount and generating annualwater cost savings of up to $100,000. At Eaton Canyon, playing areas that areidentified as non-essential will be targeted for a water consumption reduction of 20percent, which will yield annual savings of up to $48,000. The reductions in operatingexpense will generate savings and allow DC Golf to meet the payment obligations.

To avoid any future situation of nonpayment of rent in those concession agreements,which allow operators to request a rental modification, the Department's Contract

Compliance unit shall work closely with the CEO and County Counsel, to develop aprocedure and training program to resolve any issues.

The new lease amendments will resolve all outstanding issues by reducing theminimum rent payment and provide for the repayment of past due rent. Further, theDepartment will continue to assist DC Golf in an effort to reduce water consumption atboth golf courses. Accordingly, the CEO believes that the County shall receive a fairreturn in rent from the lessee.

FISCAL IMPACT/FINANCING

Based on the ERA recommendation, the monthly rent shall be reduced byapproximately one-half from $17,173 to $8,587 for Altadena, and from $20,781 to$10,390 for Eaton Canyon. The new rent amount is a flat rate applied for the periodbeginning 2003, when DC requested the readjustment. The new monthly rent, includingthe past due payment, shall be $13,822 ($165,864 annually) for Altadena and $16,905($202,860 annually) for Eaton Canyon.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS

In October 1984, the County entered into two separate operating agreements with

Cink/Colliflower for the operation of Altadena and Eaton Canyon Golf Courses. Theagreements each provide that either party may demand readjustment of rent. Uponresolution of the rent adjustment, the new rental amount is to apply back to theanniversary date of the agreement. The agreements provide that the County mayterminate for default; however, they do not contain a Termination for Convenienceclause.

Page 7: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

The Honorable Board of SupervisorsMay 18, 2010Page 6

The agreements were initially for a 15 year term. However, in December1990, pursuant to Amendment No.1, the County agreed to extend the term of theagreements for an additional 15 years, through November 30, 2014, in exchange forapproximately $550,000 in capital investment by CinkiColliflower for irrigation systemsat both courses.

In 1992, the County approved an assignment of lease from CinkiColliflower to DC Golf,a limited partnership. Thus, the County's agreements are now with DC Golf.

In May 1998, pursuant to Amendment No.2, the County agreed to reducethe percentages of driving range, cart rental, and green fees collected at both golfcourses in exchange for an increase to the monthly minimum rent. Accordingly, themonthly minimum rent increased from $96,000 to $144,000 at Altadena, and from$96,000 to $178,500 at Eaton Canyon. The driving range rental percentage wasdecreased from 22 percent to 15 percent, cart rental from 28 percent to 20 percent, andgreen fees from 32 percent to 20 percent.

Amendment No.3, executed in September 2002, amended the agreements toincrease the amount of gross green fee revenues paid into the Capital Trust Fund from10 percent to 15 percent, and to require a $1 contribution for the County's Junior Golfprogram.

ENVIRONMENTAL DOCUMENTATION

The approval of the amendments to the leases for Altadena and Eaton Canyon GolfCourses is categorically exempt from the California Environmental Quality Act asspecified in the Environmental Document Reporting Procedures and Guidelines underClass 1:r, adopted by your Board on November 17, 1987.

IMPACT ON CURRENT SERVICES (OR PROJECTS)

There will be no impact on current public services.

The Honorable Board of SupervisorsMay 18, 2010Page 6

The agreements were initially for a 15 year term. However, in December1990, pursuant to Amendment No.1, the County agreed to extend the term of theagreements for an additional 15 years, through November 30, 2014, in exchange forapproximately $550,000 in capital investment by Cink/Colliflower for irrigation systemsat both courses.

In 1992, the County approved an assignment of lease from Cink/Colliflower to DC Golf,a limited partnership. Thus, the County's agreements are now with DC Golf.

In May 1998, pursuant to Amendment No.2, the County agreed to reducethe percentages of driving range, cart rental, and green fees collected at both golfcourses in exchange for an increase to the monthly minimum rent. Accordingly, themonthly minimum rent increased from $96,000 to $144,000 at Altadena, and from$96,000 to $178,500 at Eaton Canyon. The driving range rental percentage wasdecreased from 22 percent to 15 percent, cart rental from 28 percent to 20 percent, andgreen fees from 32 percent to 20 percent.

Amendment No.3, executed in September 2002, amended the agreements toincrease the amount of gross green fee revenues paid into the Capital Trust Fund from10 percent to 15 percent, and to require a $1 contribution for the County's Junior Golfprogram.

ENVIRONMENTAL DOCUMENTATION

The approval of the amendments to the leases for Altadena and Eaton Canyon GolfCourses is categorically exempt from the California Environmental Quality Act asspecified in the Environmental Document Reporting Procedures and Guidelines underClass 1 :r, adopted by your Board on November 17, 1987.

IMPACT ON CURRENT SERVICES (OR PROJECTS)

There will be no impact on current public services.

Page 8: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

The Honorable Board of SupervisorsMay 18, 2010Page 7

CONCLUSION

The recommended amendments to the lease agreements with DC Golf for the operationof the Altadena and Eaton Canyon Golf Courses will resolve longstanding issues withthe rent structure and related operational costs to the benefit of both the contractor andthe County of Los Angeles.

Respectfully submitted,

/(/~JvW~TFUJIOKAChief Executive Officer

WTF:SK:DJTRB:AH:zu

Attachments

c: Executive Office, Board of SupervisorsCounty CounselDepartment of Parks and RecreationDC Golf

K:2010Word/FAM/CapProjs/Altadena_Eaton Canyon 051110

The Honorable Board of SupervisorsMay 18, 2010Page 7

CONCLUSION

The recommended amendments to the lease agreements with DC Golf for the operationof the Altadena and Eaton Canyon Golf Courses will resolve longstanding issues withthe rent structure and related operational costs to the benefit of both the contractor andthe County of Los Angeles.

Respectfully submitted,

/i/~ JvW~ T FUJIOKAChief Executive Offcer

WTF:SK:DJTRB:AH:zu

Attachments

c: Executive Office, Board of Supervisors

County CounselDepartment of Parks and RecreationDC Golf

K:2010Word/FAM/CapProjs/Altadena_Eaton Canyon 051110

Page 9: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

AMENDMENT NUMBER 4 TO LEASE AGREEMENT NUMBER 48724FOR THE OPERATION AND MAINTENANCE OF

ALTADENA COUNTY GOLF COURSE

This Amendment to Lease Agreement No. 48724 (hereinafter: "Amendment") made

and entered into this first (1st) day of Mav 2010,

By and between the COUNTY OF LOS ANGELES,

a body corporate and politic, hereinafter

referred to as "County",

and

D.C. GOLF, a California limited

partnership hereinafter referred to as

the "Lessee";

WITNESSETH:

WHEREAS, County and Lessee have entered into County Lease Agreement

Number 48724, as amended, (hereinafter: the "Lease") on October 30, 1984, for the

operation and maintenance of Altadena County Golf Course; and

WHEREAS, Lessee and County entered into Amendment Number 1 to the Lease

(Amendment 1) dated December 6, 1990, providing for a fifteen year extension to the

Lease in return for the Lessee's installation on a new golf course irrigation system; and

WHEREAS, Lessee and County entered into Amendment Number 2 to the Lease

(Amendment 2) dated May 12, 1998 in which the Lessee exercised it's right pursuant to

Section 5.01 of the Lease in which parties agreed to a readjustment of the Lease rent

percentages; and

WHEREAS, Lessee and County entered into Amendment Number 3 to the Lease

(Amendment 3) adjusting the percentage of green fees revenues to the Altadena

County Golf Course Capital Improvement Trust Fund; and Lessee agreed to implement

the County's Junior Golf Program.

Altadena Lease Agreement 48724Amendment 4

1

AMENDMENT NUMBER 4 TO LEASE AGREEMENT NUMBER 48724FOR THE OPERATION AND MAINTENANCE OF

ALTADENA COUNTY GOLF COURSE

This Amendment to Lease Agreement No. 48724 (hereinafter: "Amendment" made

and entered into this first (1st) day of Mav 2010,

By and between the COUNTY OF LOS ANGELES,

a body corporate and politic, hereinafter

referred to as "County",

and

D.C. GOLF, a California limitedpartnership hereinafter referred to as

the "Lessee";

WITNESSETH:

WHEREAS, County and Lessee have entered into County Lease Agreement

Number 48724, as amended, (hereinafter: the "Lease") on October 30, 1984, for the

operation and maintenance of Altadena County Golf Course; and

WHEREAS, Lessee and County entered into Amendment Number 1 to the Lease

(Amendment 1) dated December 6, 1990, providing for a fifteen year extension to the

Lease in return for the Lessee's installation on a new golf course irrigation system; and

WHEREAS, Lessee and County entered into Amendment Number 2 to the Lease

(Amendment 2) dated May 12, 1998 in which the Lessee exercised it's right pursuant to

Section 5.01 of the Lease in which parties agreed to a readjustment of the Lease rent

percentages; and

WHEREAS, Lessee and County entered into Amendment Number 3 to the Lease

(Amendment 3) adjusting the percentage of green fees revenues to the AltadenaCounty Golf Course Capital Improvement Trust Fund; and Lessee agreed to implement

the County's Junior Golf Program.

Altadena Lease Agreement 48724Amendment 4

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WHEREAS, County agrees to commit funding for a turf renovation project with

the intent to reduce irrigated turf coverage by up to thirty percent (30%); and

WHEREAS, Lessee agrees to implement the County's Golf Course Improvement

Fee (GCIF); and

WHEREAS, Lessee has exercised its right pursuant to Section 5.01 of the

Lease, and requested a readjustment of the Lease rent percentages, and as a result of

the readjustment negotiation the parties have agreed on mutually acceptable terms and

conditions; and

WHEREAS, Lessee and County mutually desire to further amend the Lease in

order to reflect said terms and conditions as to Payment of Rental to be made by lessee

as well as provisions regarding the County's Capital Improvement funding, the County's

Golf Course Improvement Fee, Lessee Responsibility of Debarment, No Payment for

Services, Jury Service Program, Baby Safe Surrender Law, Federal Earned Income

Credit, Contract Enforcement, Recycled Paper, Smoking Ban Ordinance and Entire

Agreement;

NOW, THEREFORE, in consideration of the mutual covenants, conditions, and

promises contained herein the parties do agree as follows:

1. PRIORITY OF AMENDMENTS

In the event of any conflict or inconsistency in the definition or

interpretation of any work, responsibility, schedule, or contents or description of task,

deliverable, goods, service, or works, or otherwise between the Lease, as amended and

Amendment Number 4, such conflict or inconsistency shall be resolved by giving

precedence to Amendment Number 4 and then to the Lease and Amendments 1

through 3.

2. PAYMENT OF RENTAL

2.01 The existing Section 2.0, Payment of Rental, of Amendment 2 is deleted

in its entirety and replaced by the following:

"5.04 Lessee shall pay County for use granted herein a fixed monthly

amount of Thirteen Thousand Eight Hundred Twenty Two Dollars and No

Altadena Lease Agreement 48724Amendment 4

2

WHEREAS, County agrees to commit funding for a turf renovation project with

the intent to reduce irrigated turf coverage by up to thirt percent (30%); and

WHEREAS, Lessee agrees to implement the County's Golf Course Improvement

Fee (GCIF); and

WHEREAS, Lessee has exercised its right pursuant to Section 5.01 of the

Lease, and requested a readjustment of the Lease rent percentages, and as a result of

the readjustment negotiation the parties have agreed on mutually acceptable terms and

conditions; and

WHEREAS, Lessee and County mutually desire to further amend the Lease in

order to reflect said terms and conditions as to Payment of Rental to be made by lessee

as well as provisions regarding the County's Capital Improvement funding, the County's

Golf Course Improvement Fee, Lessee Responsibility of Debarment, No Payment for

Services, Jury Service Program, Baby Safe Surrender Law, Federal Earned Income

Credit, Contract Enforcement, Recycled Paper, Smoking Ban Ordinance and Entire

Agreement;

NOW, THEREFORE, in consideration of the mutual covenants, conditions, and

promises contained herein the parties do agree as follows:

1. PRIORITY OF AMENDMENTS

In the event of any conflict or inconsistency in the definition orinterpretation of any work, responsibility, schedule, or contents or description of task,

deliverable, goods, service, or works, or otherwise between the Lease, as amended and

Amendment Number 4, such conflict or inconsistency shall be resolved by giving

precedence to Amendment Number 4 and then to the Lease and Amendments 1

through 3.

2. PAYMENT OF RENTAL

2.01 The existing Section 2.0, Payment of Rental, of Amendment 2 is deleted

in its entirety and replaced by the following:

"5.04 Lessee shall pay County for use granted herein a fixed monthly

amount of Thirteen Thousand Eight Hundred Twenty Two Dollars and No

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cents ($13,822.00) calculated as identified in this Amendment as Exhibit

1. In the event of a Board of Supervisors approved green fee increase,

the lessee shall pay the County fifty percent (50%) of the cumulative total

of the green fee increase, exclusive of the fixed monthly amount. The .

monthly Capital Improvement Trust Fund Payment made by the Lessee

commencing with the effective date of this amendment through the

thirtieth (30th) month of this amendment shall be in an amount equal to

forty percent (40%) of the monthly rent due. From the thirty-first (31st)

month to the end of the lease term the monthly Capital Improvement Trust

Fund Payment made by the Lessee shall be in an amount equal to fifteen

percent (15%) of the monthly rent due".

3. GOLF COURSE IMPROVEMENT FEE DESIGNATION

3.01 Notwithstanding the provision of the Lease wherein a percentage of gross

receipts of green fees, tournament registration fees, and all other uses of

the golf course is prescribed as rent to be paid to the County, Lessee

agrees to pay one hundred percent (100%) of the GCIF, calculated as

identified in this Amendment as Exhibit 2, GOLF COURSE GREEN FEE

RATES (Regulation 9 holes), attached hereto and incorporated herein by. reference.

3.02 Said fees are not to be reported as a gross receipt and therefore shall not

be calculated in the rent to be paid to the County.

3.03 Lessee shall report, by separate line item, the aggregate of said

payments derived from the GCIF in the monthly revenue statement that

accompanies its regular rent payment as required by the lease.

3.04 County agrees that one hundred percent (100%) of the GCIF will be

deposited in a separate Capital Improvement Account exclusively for said

funds.

3.05 Lessee agrees that the funds raised by the GCIF will be used for course

improvements that directly affect the golfing experience at the course,

including, but not limited to, refurbishment of greens, bunkers, tee boxes

Altadena Lease Agreement 48724Amendment 4

3

cents ($13,822.00) calculated as identified in this Amendment as Exhibit

1. In the event of a Board of Supervisors approved green fee increase,

the lessee shall pay the County fift percent (50%) of the cumulative total

of the green fee increase, exclusive of the fixed monthly amount. The.

monthly Capital Improvement Trust Fund Payment made by the Lessee

commencing with the effective date of this amendment through the

thirtieth (30th) month of this amendment shall be in an amount equal to

fort percent (40%) of the monthly rent due. From the thirt-first (31 st)

month to the end of the lease term the monthly Capital Improvement Trust

Fund Payment made by the Lessee shall be in an amount equal to fifteen

percent (15%) of the monthly rent due".

3. GOLF COURSE IMPROVEMENT FEE DESIGNATION

3.01 Notwithstanding the provision of the Lease wherein a percentage of gross

receipts of green fees, tournament registration fees, and all other uses of

the golf course is prescribed as rent to be paid to the County, Lessee

agrees to pay one hundred percent (100%) of the GCIF, calculated as

identified in this Amendment as Exhibit 2, GOLF COURSE GREEN FEE

RATES (Regulation 9 holes), attached hereto and incorporated herein by

. reference.

3.02 Said fees are not to be reported as a gross receipt and therefore shall not

be calculated in the rent to be paid to the County.

3.03 Lessee shall report, by separate line item, the aggregate of saidpayments derived from the GCIF in the monthly revenue statement that

accompanies its regular rent payment as required by the lease.

3.04 County agrees that one hundred percent (100%) of the GCIF will be

deposited in a separate Capital Improvement Account exclusively for said

funds.

3.05 Lessee agrees that the funds raised by the GCIF wil be used for course

improvements that directly affect the golfing experience at the course,

including, but not limited to, refurbishment of greens, bunkers, tee boxes

Altadena Lease Agreement 48724Amendment 4 3

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etc and major maintenance;.

3.06 Within thirty (30) days of the date first above written, Lessee shall submit

a list of improvements to be funded from this GCIFand an implementation

schedule to the Director for approval. Lessee shall, within thirty (30) days

of receipt of Director's approval of the proposed improvements and the

priority of funding those improvements, post in a public area of the golf

course the approved list of improvements and schedule of project

timelines so that the public can be aware of the golf course improvements

to be funded from the GCIF. As improvements are completed, the

Lessee shall update the posted list to reflect the implemented and

planned improvements status. Lessee and the Director will coordinate

updates to the list as appropriate so that the GCIF will be dedicated to

improvements directly affecting the golfing experience. Nothing in this

Lease shall prevent the Lessee and Director from coordinating on the

improvements to be funded, or prevent the Director from proposing

projects or from determining priority of funding from the GCIF. As the

parties agree that the intent of the fee is to augment funding to directly

improve the golfing experience, the parties agree that the Director is

authorized to make the final determination on improvements to be funded

by the fee if the parties fail to agree on the list and implementation

schedule within six [6] months of the effective date of the new fee.

3.07 County reserves the right from time to time to audit and verify from the

related books and records of the Lessee to ensure that disbursement of

funds from the GCIF are in keeping with the provisions of this

Amendment. In the event any disbursement of funds from the GCIF are

not in accordance with the provisions of this Amendment, as determined

by the Director, Lessee shall reimburse the GCIF within thirty (30) days

upon receipt of a written notice, plus an amount equal to the interest that

would have accumulated on the amount from the time of disbursement

until repayment.

Altadena Lease Agreement 48724Amendment 4

4

etc and major maintenance;.

3.06 Within thirt (30) days of the date first above written, Lessee shall submit

a list of improvements to be funded from this GCIFand an implementation

schedule to the Director for approval. Lessee shall, within thirt (30) days

of receipt of Director's approval of the proposed improvements and the.

priority of funding those improvements, post in a public area of the golf

course the approved list of improvements and schedule of projecttimelines so that the public can be aware of the golf course improvements

to be funded from the GCIF. As improvements are completed, the

Lessee shall update the posted list to reflect the implemented and

planned improvements status. Lessee and the Director will coordinate

updates to the list as appropriate so that the GCI F wil be dedicated to

improvements directly affecting the golfing experience. Nothing in this

Lease shall prevent the Lessee and Director from coordinating on the

improvements to be funded, or prevent the Director from proposing

projects or from determining priority of funding from the GCIF. As the

parties agree that the intent of the fee is to augment funding to directly

improve the golfing experience, the parties agree that the Director is

authorized to make the final determination on improvements to be funded

by the fee if the parties fail to agree on the list and implementation

schedule within six (6) months of the effective date of the new fee.

3.07 County reserves the right from time to time to audit and verify from the

related books and records of the Lessee to ensure that disbursement of

funds from the GCIF are in keeping with the provisions of thisAmendment. In the event any disbursement of funds from the GCIF are

not in accordance with the provisions of this Amendment, as determined

by the Director, Lessee shall reimburse the GCIF within thirt (30) days

upon receipt of a written notice, plus an amount equal to the interest that

would have accumulated on the amount from the time of disbursement

until repayment.

Altadena Lease Agreement 48724Amendment 4

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4. ASSIGNMENT BY LESSEE

4.01 Amend Section 16 "TRANSFERS" by deleting Paragraph 16.01 and

substituting the following:

"16.01 Lessee shall not assign its rights, delegate its duties, sublease,

license, hypothecate, or mortgage this Agreement, whether in

whole or in part, without the prior written consent of County, in its

discretion, and any attempted assignment, delegation,. sublease,

license, hypothecation, or mortgage without the consent shall be

null and void. For purposes of this paragraph, County consent

shall require a written amendment to the Agreement, which is

formally approved and executed by the parties. Any payments by

County to any approved delegate or assignee on any claim under

the Agreement shall be deductible, at County's sole discretion,

against the claims which Lessee may have against County."

4.02 Amend Section 16 "TRANSFERS" by deleting Paragraph 16.04 and

substituting the following:

"16.04 Shareholders, partners, members, or other equity holders of

Lessee may transfer, sell, exchange, assign, or divest themselves

of any interest they may have therein. However, in the event any

such sale, transfer, exchange, assignment, or divestment is

effected in such a way as to give majority control of Lessee to any

person(s), corporation, partnership, or legal entity other than the

majority controlling interest therein at the time of execution of the

Agreement, such disposition is an assignment requiring the prior

written consent of County in accordance with applicable provisions

of this Agreement."

Altadena Lease Agreement 48724Amendment 4

5

4. ASSIGNMENT BY LESSEE

4.01 Amend Section 16 "TRANSFERS" by deleting Paragraph 16.01 and

substituting the following:

"16.01 Lessee shall not assign its rights, delegate its duties, sublease,

license, hypothecate, or mortgage this Agreement, whether in

whole or in part, without the prior written consent of County, in its

discretion, and any attempted assignment, delegation,. sublease,

license, hypothecation, or mortgage without the consent shall be

null and void. For purposes of this paragraph, County consent

shall require a written amendment to the Agreement, which is

formally approved and executed by the parties. Any payments by

County to any approved delegate or assignee on any claim under

the Agreement shall be deductible, at County's sole discretion,

against the claims which Lessee may have against County."

4.02 Amend Section 16 "TRANSFERS" by deleting Paragraph 16.04 and

substituting the following:

"16.04 Shareholders, partners, members, or other equity holders ofLessee may transfer, sell, exchange, assign, or divest themselves

of any interest they may have therein. However, in the event any

such sale, transfer, exchange, assignment, or divestment is

effected in such a way as to give majority control of Lessee to any

person(s), corporation, partnership, or legal entity other than the

majority controllng interest therein at the time of execution of the

Agreement, such disposition is an assignment requiring the prior

written consent of County in accordance with applicable provisions

of this Agreement."

Altadena Lease Agreement 48724Amendment 4 5

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4.03 Amend Section 16 "TRANSFERS"by adding Paragraph 16.06as follows:

"16.06 Any assumption, assignment, delegation, or takeover of any of the

Lessee's duties, responsibilities, obligations, or performance of

same by any entity other than the Lessee, whether through

assignment, sublease, delegation, merger, buyout, or any other

mechanism, with or without consideration for any reason

whatsoever without County's express prior written approval may

result in the termination of the Agreement. In the event of such

termination, County shall be entitled to pursue the same remedies

against the Lessee as it could pursue in the event of a default by

Lessee."

5. LESSEE RESPONSIBILITY AND DEBARMENT

5.01 A new Section 27, entitled Lessee Responsibility and Debarment is added

to the Lease Agreement and shall read as follows:

"27. LESSEE RESPONSIBILITY AND DEBARMENT

27.01 Responsible Lessee

A responsible Lessee is a Lessee who has demonstrated the

attribute of trustworthiness, as well as quality, fitness,

capacity and experience to satisfactorily perform the Lease

Agreement. It is the County's policy to conduct business

only with responsible Lessees.

27.02 Chapter 2.202 of the County Code

The Lessee is hereby notified that, in accordance with

Chapter 2.202 of the County Code, if the County acquires

information concerning the performance of the Lessee on

this or other Lease Agreements which indicates that the

Lessee is not responsible, the County may, in addition to

other remedies provided in the Lease Agreement, debar the

Lessee from bidding or proposing on, or being awarded,

and/or performing work on County Lease Agreements for a

Altadena Lease Agreement 48724Amendment 4

6

4.03 Amend Section 16 "TRANSFERS" by adding Paragraph 16.06 as follows:

"16.06 Any assumption, assignment, delegation, or takeover of any of the

Lessee's duties, responsibilities, obligations, or performance of

same by any entity other than the Lessee, wheth~r through

assignment, sublease, delegation, merger, buyout, or any other

mechanism, with or without consideration for any reasonwhatsoever without County's express prior written approval may

result in the termination of the Agreement. In the event of such

termination, County shall be entitled to pursue the same remedies

against the Lessee as it could pursue in the event of a default by

Lessee."

5. LESSEE RESPONSIBILITY AND DEBARMENT

5.01 A new Section 27, entitled Lessee Responsibility and Debarment is added

to the Lease Agreement and shall read as follows:

"27. LESSEE RESPONSIBILITY AND DEBARMENT

27.01 Responsible Lessee

A responsible Lessee is a Lessee who has demonstrated the

attribute of trustworthiness, as well as quality, fitness,

capacity and experience to satisfactorily perform the Lease

Agreement. It is the County's policy to conduct business

only with responsible Lessees.

27.02 Chapter 2.202 of the County Code

The Lessee is hereby notified that, in accordance with

Chapter 2.202 of the County Code, if the County acquires

information concerning the performance of the Lessee on

this or other Lease Agreements which indicates that the

Lessee is not responsible, the County may, in addition to

other remedies provided in the Lease Agreement, debar the

Lessee from bidding or proposing on, or being awarded,

and/or performing work on County Lease Agreements for a

Altadena Lease Agreement 48724Amendment 4 6

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specified period of time, which generally will not exceed five

years but may exceed five years or be permanent if

warranted by the circumstances, and terminate any or all

existing Lease Agreements the Lessee may have with the

County.

27.03 Non-Responsible Lessee

The County may debar a Lessee if the Board of Supervisors

finds, in its discretion, that the Lessee has done any of the

following: (1) violated a term of a Lease Agreement with the

County or a nonprofit corporation created by the County, (2)

committed an act or omission which negatively reflects on

the Lessee's quality, fitness or capacity to perform a Lease

Agreement with the County, any other public entity, or a

nonprofit corporation created by the County, or engaged in a

pattern or practice which negatively reflects on same, (3)

committed an act or offense which indicates a lack of

business integrity or business honesty, or (4) made or

submitted a false claim against the County or any other

public entity.

27.04 Contractor Hearing Board

If there is evidence that the Lessee may be subject to

debarment, the Department will notify the Lessee in writing

of the evidence which is the basis for the proposed

debarment and will advise the Lessee of the scheduled date

for a debarment hearing before the Los Angeles County's

Contractor Hearing Board.

27.04.01. The Contractor Hearing Board will conduct a

hearing where evidence on the proposed

debarment is presented. The Lessee and/or

the Lessee's representative shall be given an

opportunity to submit evidence at that hearing.

Altadena Lease Agreement 48724Amendment 4

7

specified period of time, which generally will not exceed five

years but may exceed five years or be permanent if

warranted by the circumstances, and terminate any or all

existing Lease Agreements the Lessee may have with the

County.

27.03 Non-Responsible Lessee

The County may debar a Lessee if the Board of Supervisors

finds, in its discretion, that the Lessee has done any of the

following: (1) violated a term of a Lease Agreement with the

County or a nonprofit corporation created by the County, (2)

committed an act or omission which negatively reflects on

the Lessee's quality, fitness or capacity to perform a Lease

Agreement with the County, any other public entity, or a

nonprofit corporation created by the County, or engaged in a

pattern or practice which negatively reflects on same, (3)

committed an act or offense which indicates a lack of

business integrity or business honesty, or (4) made or

submitted a false claim against the County or any other

public entity.

27.04 Contractor Hearing Board

If there is evidence that the Lessee may be subject todebarment, the Department wil notify the Lessee in writing

of the evidence which is the basis for the proposed

debarment and will advise the Lessee of the scheduled date

for a debarment hearing before the Los Angeles County's

Contractor Hearing Board.

27.04.01 . The Contractor Hearing Board will conduct a

hearing where evidence on the proposed

debarment is presented. The Lessee and/or

the Lessee's representative shall be given an

opportunity to submit evidence at that hearing.

Altadena Lease Agreement 48724Amendment 4

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Altadena Lease Agreement 48724Amendment 4

27.04.02.

27.04.03.

After the hearing, the Contractor Hearing

Board shall prepare a tentative proposed

decision, which shall contain a

recommendation regarding whether the Lessee

should be debarred, and, if so, the appropriate

length of time of the debarment. The Lessee

and .the Department shall be provided an

opportunity to object to the tentative proposed

decision prior to its presentation to the Board of

Supervisors.

After consideration of any objections, or if no

objections are submitted, a record of the

hearing, the proposed decision, and any other

recommendation of the Contractor Hearing

Board shall be presented to the Boa:rd of

Supervisors. The Board of Supervisors shall

have the right to modify, deny, or adopt the

proposed decision and recommendation of the

Hearing Board.

If a Lessee has been debarred for a period

longer than five (5) years, that Lessee may

after the debarment has been in effect for at

least five (5) years, submit a written request for

review of the debarment determination to

reduce the period of debarment or terminate

the debarment. The County may, in its

discretion, reduce the period of debarment or

terminate the debarment if it finds that the

Lessee has adequately demonstrated one or

more of the following: (1) elimination of the

grounds for which the debarment was

8Altadena Lease Agreement 48724Amendment 4

27.04.02.

27.04.03.

After the hearing, the Contractor Hearing

Board shall prepare a tentative proposed

decision, which shall contain arecommendation regarding whether the Lessee

should be debarred, and, if so, the appropriate

length of time of the debarment. The Lessee

and . the Department shall be provided anopportunity to object to the tentative proposed

decision prior to its presentation to the Board of

Supervisors.

After consideration of any objections, or if no

objections are submitted, a record of the

hearing, the proposed decision, and any other

recommendation of the Contractor Hearing

Board shall be presented to the Board of

Supervisors. The Board of Supervisors shall

have the right to modify, deny, or adopt the

proposed decision and recommendation of the

Hearing Board.

If a Lessee has been debarred for a period

longer than five (5) years, that Lessee may

after the debarment has been in effect for at

least five (5) years, submit a written request for

review of the debarment determination toreduce the period of debarment or terminate

the debarment. The County may, in itsdiscretion, reduce the period of debarment or

terminate the debarment if it finds that theLessee has adequately demonstrated one or

more of the following: (1) elimination of the

grounds for which the debarment was

8

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imposed; (2) a bona fide change in ownership

or management; (3) material evidence

discovered after debarment was imposed; or

(4) any other reason that is in the best interests

of the County.

27.04.04. The Contractor Hearing Board will consider a

request for review of a debarment

determination only where (1) the Lessee has

been debarred for a period longer than five (5)

years; (2) the debarment has been in effect for

at least five (5) years; and (3) the request is in

writing, states one or more of the grounds for

reduction of the debarment period or

termination of the debarment, and includes

supporting documentation. Upon receiving an

appropriate request, the Contractor Hearing

Board will provide notice of.the hearing on the

request. At the hearing, the Contractor

Hearing Board shall conduct a hearing where

evidence on the proposed reduction of

debarment period or termination of debarment

is presented. This hearing shall be conducted

and the request for review decided by the

Contractor Hearing Board pursuant to the

same procedures as for a debarment hearing.

27.04.05. The Contractor Hearing Board's proposed

decision shall contain a recommendation on

the request to reduce the period of debarment

or terminate the debarment. The Contractor

Hearing Board shall present its proposed

decision and recommendation to the Board of

Altadena Lease Agreement 48724 9Amendment 4

imposed; (2) a bona fide change in ownership

or management; (3) material evidencediscovered after debarment was imposed; or

(4) any other reason that is in the best interests

of the County.

27.04.04. The Contractor Hearing Board will consider a

request for review of a debarment

determination only where (1) the Lessee has

been debarred for a period longer than five (5)

years; (2) the debarment has been in effect for

at least five (5) years; and (3) the request is in

writing, states one or more of the grounds for

reduction of the debarment period or

termination of the debarment, and includes

supporting documentation. Upon receiving an

appropriate request, the Contractor Hearing

Board will provide notice of. the hearing on the

request. At the hearing, the Contractor

Hearing Board shall conduct a hearing where

evidence on the proposed reduction ofdebarment period or termination of debarment

is presented. This hearing shall be conducted

and the request for review decided by the

Contractor Hearing Board pursuant to thesame procedures as for a debarment hearing.

27.04.05. The Contractor Hearing Board's proposed

decision shall contain a recommendation on

the request to reduce the period of debarment

or terminate the debarment. The Contractor

Hearing Board shall present its proposed

decision and recommendation to the Board of

Altadena Lease Agreement 48724 9Amendment 4

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Supervisors. The Board of Supervisors shall

have the right to modify, deny, or adopt the

proposed decision and recommendation of the

Contractor Hearing Board.

27.05 Contractors of Lessee

These terms shall also apply to contractors of Lessee."

6. NO PAYMENT FOR SERVICES PROVIDED

EXPIRATIONITERMINATION OF LEASE AGREEMENT

6.01 A new Section 28, entitled No Payment for Services Provided Following

Expiration/Termination of Lease Agreement is added to the Lease

Agreement and shall read as follows:

"28. NO PAYMENT FOR SERVICES PROVIDED FOLLOWING

EXPIRATIONITERMINATION OF LEASE AGREEMENT

FOLLOWING

28.01 The Lessee shall have no claim against County for payment

of any money or reimbursement, of any kind whatsoever, for

any service provided by the Lessee after the expiration or

other termination of this Lease Agreement. Should the

Lessee receive any such payment it shall immediately notify

County and shall immediately repay all such funds to

County. Payment by County for services rendered after

expiration/termination of this Lease Agreement shall not

constitute a waiver of County's right to recover such

payment from the Lessee. This provision shall survive the

expiration or other termination of this Lease Agreement."

7. COMPLIANCE WITH THE COUNTY'S JURY SERVICE PROGRAM

7.01 A new Section 29, entitled Compliance with the County's JUry Service

Program is added to the Lease Agreement and shall read as follows:

Altadena Lease Agreement 48724Amendment 4

10

Supervisors. The Board of Supervisors shall

have the right to modify, deny, or adopt the

proposed decision and recommendation of the

Contractor Hearing Board.

27.05 Contractors of Lessee

These terms shall also apply to contractors of Lessee."

6. NO PAYMENT FOR SERVICES PROVIDEDEXPIRATIONITERMINATION OF LEASE AGREEMENT

6.01 A new Section 28, entitled No Payment for Services Provided Followina

ExpirationlTermination of Lease Aareement is added to the Lease

Agreement and shall read as follows:

"28. NO PAYMENT FOR SERVICES PROVIDED FOLLOWING

EXPIRATIONITERMINATION OF LEASE AGREEMENT

FOLLOWING

28.01 The Lessee shall have no claim against County for payment

of any money or reimbursement, of any kind whatsoever, for

any service provided by the Lessee after the expiration or

other termination of this Lease Agreement. Should the

Lessee receive any such payment it shall immediately notify

County and shall immediately repay all such funds to

County. Payment by County for services rendered after

expiration/termination of this Lease Agreement shall not

constitute a waiver of County's right to recover suchpayment from the Lessee. This provision shall survive the

expiration or other termination of this Lease Agreement."

7. COMPLIANCE WITH THE COUNTY'S JURY SERVICE PROGRAM

7.01 A new Section 29, entitled Compliance with the County's JUry Service

Proaram is added to the Lease Agreement and shall read as follows:

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"29. COMPLIANCE WITH THE COUNTY'S JURY SERVICE

PROGRAM

29.01 Jury Service Program

This Lease Agreement is subject to the provisions of the

County's ordinance entitled Jury Service Ordinance ("Jury

Service Program") as codified in Sections 2.203.010 through

2.203.090 of the Los Angeles County Code, a copy of which

is attached as Exhibit 3 and incorporated by reference into

and made a part of this Lease Agreement.

29.02 Written Employee Jury Service Policy

Unless the Lessee has demonstrated to the County's

satisfaction either that the Lessee is not a "Contractor" as

defined under the Jury Service Program (Section 2.203.020

of the County Code) or that the Lessee qualifies for an

exception to the Jury Service Program (Section 2.203.070 of

the County Code), the Lessee shall have and adhere to a

written policy that provides that its Employees shall receive

from the Lessee, on an annual basis, no less than five days

of regular pay for actual jury service. The policy may provide

that Employees deposit any fees received for such jury

service with the Lessee or that the Lessee deduct from the

Employee's regular pay the fees received for jury service.

29.02.01 For purposes of this Sub-paragraph, "Lessee"

means a person, partnership, corporation or

other entity which has a Lease Agreement with

the County. "Employee" means any California

resident who is a full-time employee of the

Lessee. "Full-time" means 40 hours or more

worked per week, or a lesser number of hours

if: 1) the lesser number is a recognized

Altadena Lease Agreement 48724Amendment 4

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"29. COMPLIANCE WITH THE COUNTY'S JURY SERVICE

PROGRAM

29.01 Jury Service Program

This Lease Agreement is subject to the provisions of the

County's ordinance entitled Jury Service Ordinance ("Jury

Service Program") as codified in Sections 2.203.010 through

2.203.090 of the Los Angeles County Code, a copy of which

is attached as Exhibit 3 and incorporated by reference into

and made a part of this Lease Agreement.

29.02 Written Employee Jury Service Policy

Unless the Lessee has demonstrated to the County's

satisfaction either that the Lessee is not a "Contractor" as

defined under the Jury Service Program (Section 2.203.020

of the County Code) or that the Lessee qualifies for an

exception to the Jury Service Program (Section 2.203.070 of

the County Code), the Lessee shall have and adhere to a

written policy that provides that its Employees shall receive

from the Lessee, on an annual basis, no less than five days

of regular pay for actual jury service. The policy may provide

that Employees deposit any fees received for such jury

service with the Lessee or that the Lessee deduct from the

Employee's regular pay the fees received for jury service.

29.02.01 For purposes of this Sub-paragraph, "Lessee"

means a person, partnership, corporation or

other entity which has a Lease Agreement with

the County. "Employee" means any California

resident who is a full-time employee of the

Lessee. "Full-time" means 40 hours or more

worked per week, or a lesser number of hours

if: 1) the lesser number is a recognized

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industry standard as determined by the

County, or 2) Lessee has a long-standing

practice that defines the lesser number of

hours as full-time. Full-time employees

providing short-term, temporary services of 90

days or less within a 12-month period are not

. considered full-time for purposes of the Jury

Service Program. If the Lessee uses any

contractor to perform services for the County

under the Lease Agreement, the contractor

shall also be subject to the provisions of this

Sub-paragraph. The provisions of this Sub-

paragraph shall be inserted into any such

contractor agreement and a copy of the Jury

Service Program shall be attached to theagreement.

29.03 If the Lessee is not required to comply with the Jury

Service Program when the Lease Agreement

commences, the Lessee shall have a continuing

obligation to review the applicability of its "exception

status" from the Jury Service Program, and the

Lessee shall immediately notify the County if the

Lessee at any time either comes within the Jury

Service Program's definition of "Contractor" or if the

Lessee no longer qualifies for an exception to the Jury

Service Program. In either event, the Lessee shall

immediately implement a written policy consistent with

the Jury Service Program. The County may also

require, at any time during the Lease Agreement and

at its sole discretion, that the Lessee demonstrate to

the County's satisfaction that the Lessee either

Altadena Lease Agreement 48724Amendment 4

12

industry standard as determined by theCounty, or 2) Lessee has a long-standing

practice that defines the lesser number of

hours as full-time. Full-time employees

providing short-term, temporary services of 90

days or less within a 12-month period are not

. considered full-time for purposes of the Jury

Service Program. If the Lessee uses anyco'ntractor to perform services for the County

under the Lease Agreement, the contractor

shall also be subject to the provisions of this

Sub-paragraph. The provisions of this Sub-

paragraph shall be inserted into any such

contractor agreement and a copy of the Jury

Service Program shall be attached to the

agreement.

29.03 If the Lessee is not required to comply with the Jury

Service Program when the Lease Agreement

commences, the Lessee shall have a continuing

obligation to review the applicability of its "exception

status" from the Jury Service Program, and theLessee shall immediately notify the County if the

Lessee at any time either comes within the Jury

Service Program's definition of "Contractor" or if the

Lessee no longer qualifies for an exception to the Jury

Service Program. In either event, the Lessee shall

immediately implement a written policy consistent with

the Jury Service Program. The County may also

require, at any time during the Lease Agreement and

at its sole discretion, that the Lessee demonstrate to

the County's satisfaction that the Lessee either

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continues to remain outside of the Jury Service

Program's definition of "Contractor" and/or that the

Lessee continues to qualify for an exception to the

Program.

29.04 Lessee's violation of this Sub-paragraph of the Lease

Agreement may constitute a material breach of the

Lease Agreement. In the event of such material

breach, County may, in its sole discretion, terminate

the Lease Agreement and/or bar the Lessee from the

award of future County Lease Agreements for a

period of time consistent with the seriousness of the

breach."

8. LESSEE'S ACKNOWLEDGEMENT OF COUNTY'S COMMITMENT TO THE

SAFELY SURRENDERED BABY LAW

8.01 A new Section 30, entitled Lessee's Acknowledgement of County's

Commitment to the Safely Surrendered Baby Law is added to the Lease

Agreement and shall read as follows:

"30. LESSEE'S ACKNOWLEDGEMENT OF COUNTY'S

COMMITMENT TO THE SAFELY SURRENDERED BABY LAW

30.01 The Lessee acknowledges that the County places a high

priority on the implementation of the Safely Surrendered

Baby Law. The Lessee understands that it is the County's

policy to encourage all County Lessees to voluntarily post

the County's "Safely Surrendered Baby Law" poster in a

prominent position at the Lessee's place of business. The

Lessee will also encourage its contractors, if any, to post this

poster in a prominent position in the Contractor's place of

business. The County's Department of Children and Family

Services will supply the Lessee with the poster to be used.

Altadena Lease Agreement 48724Amendment 4

13

continues to remain outside of the Jury Service

Program's definition of "Contractot' and/or that the

Lessee continues to qualify for an exception to the

Program.

29.04 Lessee's violation of this Sub-paragraph of the Lease

Agreement may constitute a material breach of the

Lease Agreement. In the event of such material

breach, County may, in its sole discretion, terminate

the Lease Agreement and/or bar the Lessee from the

award of future County Lease Agreements for aperiod of time consistent with the seriousness of the

breach."

8. LESSEE'S ACKNOWLEDGEMENT OF COUNTY'S COMMITMENT TO THE

SAFELY SURRENDERED BABY LAW

8.01 A new Section 30, entitled Lessee's Acknowledaement of County's

Commitment to the Safe Iv Surrendered Babv Law is added to the Lease

Agreement and shall read as follows:

"30. LESSEE'S ACKNOWLEDGEMENT OF COUNTY'SCOMMITMENT TO THE SAFELY SURRENDERED BABY LAW

30.01 The Lessee acknowledges that the County places a high

priority on the implementation of the Safely Surrendered

Baby Law. The Lessee understands that it is the County's

policy to encourage all County Lessees to voluntarily post

the County's "Safely Surrendered Baby Law" poster in a

prominent position at the Lessee's place of business. The

Lessee wil also encourage its contractors, if any, to post this

poster in a prominent position in the Contractor's place of

business. The County's Department of Children and Family

Services will supply the Lessee with the poster to be used.

Altadena Lease Agreement 48724Amendment 4 13

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Information on how to receive the poster can be found on the

Internet at www.babysafela.org."

9. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED

BABY LAW9.01 A new Section 31, entitled Notice to Emplovees Regarding the Safely

Surrendered Baby Law is added to the Lease Agreement and shall read

as follows:

"31. NOTICE TO EMPLOYEES REGARDING THE SAFELY

SURRENDERED BABY LAW

31.01 The Lessee shall notify and provide to its employees, and

shall require each Contractor to notify and provide to its

employees, a fact sheet regarding the Safely Surrendered

Baby Law, its implementation in Los Angeles County, and

where and how to safely surrender a baby. The fact sheet is

set forth in Exhibit 4 of this Lease Agreement and is also

available on the Internet at www.babysafela.org for printing

purposes."

10. NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME

CREDIT

10.01 A new Section 32, entitled Notice to Employees Regarding the Federal

Earned Income Credit is added and shall read as follows:

"32. NOTICE TO EMPLOYEES REGARDING THE FEDERAL

EARNED INCOME CREDIT

32.01 Lessee shall notify its employees, and shall require each

subcontractor to notify its employees, that they may be

eligible for the federal Earned Income Credit under the

federal income tax laws. Such notice shall be provided in

accordance with the requirements set forth in Internal

Revenue Service Notice 1015."

Altadena Lease Agreement 48724Amendment 4

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Information on how to receive the poster can be found on the

Internet at ww.babysafela.ora."

9. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED

BABY LAW

9.01 A new Section 31, entitled Notice to Employees Reaardina the Safely

Surrendered Baby Law is added to the Lease Agreement and shall read

as follows:

"31. NOTICE TO EMPLOYEES REGARDING THE SAFELY

SURRENDERED BABY LAW

31.01 The Lessee shall notify and provide to its employees, and

shall require each Contractor to notify and provide to its

employees, a fact sheet regarding the Safely Surrendered

Baby Law, its implementation in Los Angeles County, and

where and how to safely surrender a baby. The fact sheet is

set forth in Exhibit 4 of this Lease Agreement and is also

available on the Internet at ww.babysafela.ora for printing

purposes."

10. NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME

CREDIT

10.01 A new Section 32, entitled Notice to Employees Reaardina the Federal

Earned Income Credit is added and shall read as follows:

"32. NOTICE TO EMPLOYEES REGARDING THE FEDERAL

EARNED INCOME CREDIT

32.01 Lessee shall notify its employees, and shall require each

subcontractor to notify its employees, that they may be

eligible for the federal Earned Income Credit under the

federal income tax laws. Such notice shall be provided in

accordance with the requirements set forth in Internal

Revenue Service Notice 1015."

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11. CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS AGREEMENT

11.01 A new Section 33, entitled Contract Enforcement and Amendments to this

Agreement is added and shall read as follows:

"33. CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS·

AGREEMENT

33.01 The Director shall be responsible for the enforcement of this

Agreement on behalf of County and shall be assisted therein

by those officers and employees of County having duties in

connection with the administration thereof.

33.02 Any officers and/or authorized employees of County may

enter upon the demised premises at any and all reasonable

times for the purpose of determining whether or not the

Lessee is complying with the terms and conditions hereof, or

for any other purpose incidental to the rights of County within

demised premises.

33.03 In the event either party commences legal proceedings for

the enforcement of this Agreement, the prevailing party

shall be entitled to recover its attorney's fees and costs

incurred in the action brought thereon.

33.04 This document may be modified only by further written

agreement between the parties. Any such modification shall

not be effective unless and until executed by Lessee and in

the case of the County, unless otherwise specifically

authorized hereinbefore, until executed by the Chair of its

Board of Supervisors."

Altadena Lease Agreement 48724Amendment 4

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11. CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS AGREEMENT

11.01 A new Section 33, entitled Contract Enforcement and Amendments to this

Agreement is added and shall read as follows:

"33. CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS.

AGREEMENT

33.01 The Director shall be responsible for the enforcement of this

Agreement on behalf of County and shall be assisted therein

by those officers and employees of County having duties in

connection with the administration thereof.

33.02 Any officers and/or authorized employees of County may

enter upon the demised premises at any and all reasonable

times for the purpose of determining whether or not the

Lessee is complying with the terms and conditions hereof, or

for any other purpose incidental to the rights of County within

demised premises.

33.03 In the event either part commences legal proceedings for

the enforcement of this Agreement, the prevailing party

shall be entitled to recover its attorney's fees and costs

incurred in the action brought thereon.

33.04 This document may be modified only by further written

agreement between the parties. Any such modification shall

not be effective unless and until executed by Lessee and in

the case of the County, unless otherwise specifically

authorized hereinbefore, until executed by the Chair of its

Board of Supervisors."

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12. RECYCLED BOND PAPER

12.01 A new Section 34, entitled Recycled Bond Paper is added and shall read

as follows:

"34. RECYCLED BOND PAPER

34.01 Consistent with the Board of Supervisors' policy to reduce the

amount of solid waste deposited at County landfills, the Lessee

agrees to use recycled-content paper to the maximum extent

possible on the Agreement."

13. COMPLIANCE WITH THE COUNTY'S SMOKING BAN ORDINANCE

13.01 A new Section 35, entitled Compliance with the County's Smoking Ban

Ordinance is added to the Lease Agreement and shall read as follows:

"35. COMPLIANCE WITH THE COUNTY'S SMOKING BANORDINANCE

35.01 Smoking Ban Ordinance

This Lease Agreement is subject to the provisions of the

County's ordinance entitled Los Angeles County Code Title

17, Parks, Beaches, and Other Public Places, prohibiting

smoking at County Parks ("Smoking Ban Ordinance") as

codified in Sections 17.04.185 through 17.04.650 of the Los

Angeles County Code, a copy of which is attached as Exhibit

5 and incorporated by reference into and made a part of this

Lease Agreement.

14. ENTIRE AGREEMENT

14.01 Due to the addition of new lease provisions, the section in the Lease

Agreement entitled Entire Agreement is renumbered as Section 28.

Altadena Lease Agreement 48724Amendment 4

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12. RECYCLED BOND PAPER

12.01 A new Section 34, entitled Recycled Bond Paper is added and shall read

as follows:

"34. RECYCLED BOND PAPER

34.01 Consistent with the Board of Supervisors' policy to reduce the

amount of solid waste deposited at County landfills, the Lessee

agrees to use recycled-content paper to the maximum extent

possible on the Agreement."

13. COMPLIANCE WITH THE COUNTY'S SMOKING BAN ORDINANCE

13.01 A new Section 35, entitled Compliance with the County's Smòkina Ban

Ordinance is added to the Lease Agreement and shall read as follows:

"35. COMPLIANCE WITH THE COUNTY'S SMOKING BAN

ORDINANCE

35.01 Smoking Ban Ordinance

This Lease Agreement is subject to the provisions of the

County's ordinance entitled Los Angeles County Code Title

17, Parks, Beaches, and Other Public Places, prohibiting

smoking at County Parks ("Smoking Ban Ordinance") as

codified in Sections 17.04.185 through 17.04.650 of the Los

Angeles County Code, a copy of which is attached as Exhibit

5 and incorporated by reference into and made a part of this

Lease Agreement.

14. ENTIRE AGREEMENT

14.01 Due to the addition of new lease provisions, the section in the Lease

Agreement entitled Entire Agreement is renumbered as Section 28.

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15. RATIFICATION

15.01 All other terms, conditions, covenants and promises of the Lease not

affected by the provisions of the Amendment shall remain in full force and

effect and are hereby reaffirmed.

16. EFFECTIVE DATE

16.01 The effective date of the Amendment shall be the day and year first above

written.

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Altadena Lease Agreement 48724Amendment 4

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15. RATIFICATION

15.01 All other terms, conditions, covenants and promises of the Lease not

affected by the provisions of the Amendment shall remain in full force and

effect and are hereby reaffirmed.

16. EFFECTIVE DATE

16.01 The effective date of the Amendment shall be the day and year first above

writte n.

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Altadena Lease Agreement 48724Amendment 4

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IN WITNESS WHEREOF, the parties have executed this Amendment No..4 to Lease

Agreement Number 48724, effective as of the date first above written.

APPROVED AS TO FORM:

ANDREA SHERIDAN ORDINCounty Counsel

B£:~~ Q ~'r1,~Christina A. Salseda, Principal Deputy

Altadena Lease Agreement 48724Amendment 4

18

IN WITNESS WHEREOF, the parties have executed this Amendment No.. 4 to Lease

Agreement Number 48724, effective as of the date first above written.

APPROVED AS TO FORM:

ANDREA SHERIDAN ORDINCounty Counsel

B£k~ Q ~,J,~Christina A. Salseda, Principal Deputy

Altadena Lease Agreement 48724Amendment 4

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EXHIBIT 1

RENT ADJUSTMENT

The current rent paid percentages under the terms of the lease are as follows:

MINIMUMRENT $144,000

PERCENTAGE RENTMerchandise 4%Food and Beverage 7%Liquor 10%Range 15%Carts 20%Green Fees 20%Facility Rental 20%Equipment Rental 4%

TRUST FUND 15%

The amended monthly rent payment due to the County shall be Thirteen Thousand EightHundred Twenty Two Dollars and No Cents ($13,822.00) monthly as described below,except as amended in Sections 2 and 3 of lease amendment 4.

Altadena CommentsBase Rent

$363,838$958,478

$1,322,316$17,173

Past Due Rent$958,478($18,794)

($363,838)$575,846$10,470

Monthly Rent Due$8,587$5,235$13,822

Rent Paid Dec. '03 to May '05 & Dec '05 to Mar. '06 (22 months)Rent Past Due. June to Nov '05 & April'06 to April'10 (55 mo.)Total RentAdjusted Monthly Rent (Average) 77 months

Rent Past DueLate Fees - cred itRent Paid - creditAdjusted Rent Past DueAdjusted Monthly Rent (Average) 55 months

I

50% of Base Rent50% of Past Due Rent (56 months to end of term)Monthly Rent Due

EXHIBIT 1

RENT ADJUSTMENT

The current rent paid percentages under the terms of the lease are as follows:

MINIMUM RENT $144,000

PERCENTAGE RENT

Merchandise 4%

Food and Beverage 7%

Liquor 10%

Range 15%

Carts 20%

Green Fees 20%

Facility Rental 20%

Equipment Rental 4%

TRUST FUND 15%

The amended monthly rent payment due to the County shall be Thirteen Thousand EightHundred Twenty Two Dollars and No Cents ($13,822.00) monthly as described below,except as amended in Sections 2 and 3 of lease amendment 4.

AltadenaBase Rent

$363,838$958.478

$1,322,316$17,173

Past Due Rent$958,478($18,794)

($363,838)$575,846

$10,470Monthlv Rent Due

$8,587$5,235

$13,822

Comments

Rent Paid Dec. '03 to May '05 & Dec '05 to Mar. '06 (22 months)Rent Past Due. June to Nov '05 & April '06 to April '10 (55 mo.)Total RentAdjusted Monthly Rent (Average) 77 months

Rent Past DueLate Fees - cred itRent Paid - creditAdjusted Rent Past DueAdjusted Monthly Rent (Average) 55 months

i

50% of Base Rent50% of Past Due Rent (56 months to end of term)Monthly Rent Due

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Los Angeles County Department of Parks and RecreationGOLF COURSE GREEN FEE RATES

EXHIBIT 2

Effective May 1, 2010

CurrentRegulation 9 Holes

$14.5011.259.006.753.75$18.2513.758.505.00

$15.2512.009.757.503.75

$19.0014.509.255.00

Weekdays

Twilight

Senior CitizenSuper Twilight

Junior

Weekends & HolidaysTwilight

Super TwilightJunior

ReplayWeekdays

Senior Citizen

JuniorWeekends & HolidaysJunior

Los Angeles County Department of Parks and RecreationGOLF COURSE GREEN FEE RA TES

Effective May 1, 2010

Regulation 9 Holes

WeekdaysTwilght

Senior Citizen

Super Twilight

Junior

Weekends & Holidays

Twilight

Super Twilight

Junior

Replay

Weekdays

Senior Citizen

Junior

Weekends & Holidavs

Junior

EXHIBIT 2

G.C.I.F. Current

$14.50

11.25

9.00

6.75

3.75

$18.2513.75

8.50

5.00

$15.2512.009.757.503.75

$19.0014.509.255.00

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EXHIBIT 3

JURY SERVICE ORDINANCE

2.203.010 Findings.

The board of supervisors makes the following findings. The county of LosAngeles allows its permanent, full-time employees unlimited jury service at theirregular pay. Unfortunately, many businesses do not offer or are reducing or eveneliminating compensation to employees who serve on juries. This creates apotential financial hardship for employees who do not receive their pay whencalled to jury service, and those employees often seek to be excused fromhaving to serve. Although changes in the court rules make it more difficult toexcuse a potential juror on grounds of financial hardship, potential jurors continueto be excused on this basis, especially from longer trials. This reduces thenumber of potential jurors and increases the burden on those employers, such asthe county of Los Angeles, who pay their permanent, full-time employees whileon juror duty. For these reasons, the county of Los Angeles has determined thatit is appropriate to require that the businesses with which the county contractspossess reasonable juryseryice policies. (Ord. 2002-0015 § 1 (part), 2002)

2.203.020 Definitions.

The following definitions shall be applicable to this chapter:

A. "Contractor" means a person, partnership, corporation or other entitywhich has a contract with the county or a subcontract with a countycontractor and has received or will receive an aggregate sum of $50,000or more in any 12-month period under one or more such contracts orsubcontracts.

B. "Employee" means any California resident who is a full-time employee of acontractor under the laws of California.

C. "Contract" means any agreement to provide goods to, or perform servicesfor or on behalf of, the county but does not include:

1. A contract where the board finds that special circumstances exist thatjustify a waiver of the requirements of this chapter; or

2. A contract where federal or state law or a condition of a federal orstate program mandates the use of a particular contractor; or

3. A purchase made through a state or federal contract; or

EXHIBIT 3

JURY SERVICE ORDINANCE

2.203.010 Findings.

The board of supervisors makes the following findings. The county of LosAngeles allows its permanent, full-time employees unlimited jury service at theirregular pay. Unfortunately, many businesses do not offer or are reducing or eveneliminating compensation to employees who serve on juries. This creates apotential financial hardship for employees who do not receive their pay whencalled to jury service, and those employees often seek to be excused fromhaving to serve. Although changes in the court rules make it more difficult toexcuse a potential juror on grounds of financial hardship, potential jurors continueto be excused on this basis, especially from longer trials. This reduces thenumber of potential jurors and increases the burden on those employers, such asthe county of Los Angeles, who pay their permanent, full-time employees whileon juror duty. For these reasons, the county of Los Angeles has determined thatit is appropriate to require that the businesses with which the county contractspossess reasonable juryseryice policies. (Ord. 2002-0015 § 1 (part), 2002)

2.203.020 Definitions.

The following definitions shall be applicable to this chapter:

A. "Contractor" means a person, partnership, corporation or other entitywhich has a contract with the county or a subcontract with a countycontractor and has received or will receive an aggregate sum of $50,000or more in any 12-month period under one or more such contracts orsubcontracts.

B. "Employee" means any California resident who is a full-time employee of acontractor under the laws of Caliornia.

C. "Contract" means any agreement to provide goods to, or perform services

for or on behalf of, the county but does not include:

1 . A contract where the board finds that special circumstances exist that

justify a waiver of the requirements of this chapter; or

2. A contract where federal or state law or a condition of a federal orstate program mandates the use of a particular contractor; or

3. A purchase made through a state or federal contract; or

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4. A monopoly purchase that is exclusive and proprietary to a specificmanufacturer, distributor, or reseller, and must match and inter-member with existing supplies, equipment or systems maintained bythe county pursuant to the Los Angeles County Purchasing Policyand Procedures Manual, Section P-3700 or a successor provision; or

5. A revolving fund (petty cash) purchase pursuant to the Los AngelesCounty Fiscal Manual, Section 4.4.0 or a successor provision; or

6. A purchase card purchase pursuant to the Los Angeles CountyPurchasing Policy and Procedures Manual, Section P-2810 or asuccessor provision; or

7. A non-agreement purchase with a value of less than $5,000 pursuantto the Los Angeles County Purchasing Policy and ProceduresManual, Section A-0300 or a successor provision; or

8. A bona fide emergency purchase pursuant to the Los AngelesCounty Purchasing Policy and Procedures Manual, Section PP-1100or a successor provision.

D. "Full time" means 40 hours or more worked per week, or a lesser numberof hours if:

1. The lesser number is a recognized industry standard as determinedby the chief administrative officer, or

2. The contractor has a long-standing practice that defines the lessernumber of hours as full time.

E. "County" means the county of Los Angeles or any public entities for whichthe board of supervisors is the governing body. (Ord. 2002-0040 § 1,2002: Ord. 2002-0015 § 1 (part), 2002)

2.203.030 Applicability.

This chapter shall apply to contractors who enter into contracts that commenceafter July 11, 2002. This chapter shall also apply to contractors with existingcontracts which are extended into option years that commence after July 11,2002. Contracts that commence after May 28, 2002, but before July 11, 2002,shall be subject to the provisions of this chapter only if the solicitations for such.contracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2,2002:Ord. 2002-0015 § 1 (part), 2002)

4. A monopoly purchase that is exclusive and proprietary to a specificmanufacturer, distributor, or reseller, and must match and inter-member with existing supplies, equipment or systems maintained bythe county pursuant to the Los Angeles County Purchasing Policy

and Procedures Manual, Section P-3700 or a successor provision; or

5. A revolving fund (pett cash) purchase pursuant to the Los Angeles

County Fiscal Manual, Section 4.4.0 or a successor provision; or

6. A purchase card purchase pursuant to the Los Angeles CountyPurchasing Policy and Procedures Manual, Section P-2810 or asuccessor provision; or

7. A non-agreement purchase with a value of less than $5,000 pursuantto the Los Angeles County Purchasing Policy and ProceduresManual, Section A-0300 or a successor provision; or

8. A bona fide emergency purchase pursuant to the Los AngelesCounty Purchasing Policy and Procedures Manual, Section PP-1100or a successor provision.

D. "Full time" means 40 hours or more worked per week, or a lesser number

of hours if:

1. The lesser number is a recognized industry standard as determined

by the chief administrative officer, or

2. The contractor has a long-standing practice that defines the lessernumber of hours as full time.

E. "County" means the county of Los Angeles or any public entities for whichthe board of supervisors is the governing body. (Ord. 2002-0040 § 1,2002: Ord. 2002-0015 § 1 (part), 2002)

2.203.030 Applicabilty.

This chapter shall apply to contractors who enter into contracts that commenceafter July 11, 2002. This chapter shall also apply to contractors with existing

contracts which are extended into option years that commence after July 11,2002. Contracts that commence after May 28, 2002, but before July 11, 2002,shall be subject to the provisions of this chapter only if the solicitations for such.contracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2,2002:Ord. 2002-0015 § 1 (part), 2002)

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2.203.040 Contractor Jury Service Policy.

A contractor shall have and adhere to a written policy that provides that itsemployees shall receive from the contractor, on an annual basis, no less thanfive days of regular pay for, actual jury service. The policy may provide thatemployees deposit any fees received for such jury service with the contractor orthat the contractor deduct from the employees' regular pay the fees received forjury service. (Ord. 2002-0015 § 1 (part), 2002)

2.203.050 Other Provisions.

A. Administration. The chief administrative officer shall be responsible for theadministration of this chapter. The chief administrative officer may, withthe advice of county counsel, issue interpretations of the provisions of thischapter and shall issue written instructions on the implementation andongoing administration of this chapter. Such instructions may provide forthe delegation of functions to other county departments.

B. Compliance Certification. At the time of seeking a contract, a contractorshall certify to the county that it has and adheres to a policy consistentwith this chapter or will have and adhere to such a policy prior to award ofthe contract. (Ord. 2002-0015 § 1 (part), 2002)

2.203.060 Enforcement and Remedies.

For a contractor's violation of any provision of this chapter, the countydepartment head responsible for administering the contract may do one or moreof the following:

1. Recommend to the board of supervisors the termination of the contract;and/or,

2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002)

2.203.070. Exceptions.

A. Other Laws. This chapter shall not be interpreted or applied to anycontractor or to any employee in a manner inconsistent with the laws ofthe United States or California.

B. Collective Bargaining Agreements. This chapter shall be superseded by acollective bargaining agreement that expressly so provides.

C. Small Business. This chapter shall not be applied to any contractor thatmeets all of the following:

2.203.040 Contractor Jury Service Policy.

A contractor shall have and adhere to a written policy that provides that itsemployees shall receive from the contractor, on an annual basis, no less thanfive days of regular pay for, actual jury service. The policy may provide thatemployees deposit any fees received for such jury service with the contractor orthat the contractor deduct from the employees' regular pay the fees received forjury service. (Ord. 2002-0015 § 1 (part), 2002)

2.203.050 Other Provisions.

A. Administration. The chief administrative officer shall be responsible for theadministration of this chapter. The chief administrative officer may, withthe advice of county counsel, issue interpretations of the provisions of thischapter and shall issue written instructions on the implementation andongoing administration of this chapter. Such instructions may provide forthe delegation of functions to other county departments.

B. Compliance Certification. At the time of seeking a contract, a contractorshall certify to the county that it has and adheres to a policy consistentwith this chapter or will have and adhere to such a policy prior to award ofthe contract. (Ord. 2002-0015 § 1 (part), 2002)

2.203.060 Enforcement and Remedies.

For a contractor's violation of any provision of this chapter, the countydepartment head responsible for administering the contract may do one or moreof the following:

1. Recommend to the board of supervisors the termination of the contract;and/or,

2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002)

2.203.070. Exceptions.

A. Other Laws. This chapter shall not be interpreted or applied to anycontractor or to any employee in a manner inconsistent with the laws ofthe United States or California.

B. Collective Bargaining Agreements. This chapter shall be superseded by acollective bargaining agreement that expressly so provides.

C. Small Business. This chapter shall not be applied to any contractor thatmeets all of the following:

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1. Has ten or fewer employees during the contract period; and,

2. Has annual gross revenues in the preceding twelve months which, ifadded to the annual amount of the contract awarded, are less than$500,000; and,

3. Is not an affiliate or subsidiary of a business dominant in its field ofoperation.

"Dominant in its field of operation" means having more than ten employees andannual gross revenues in the preceding twelve months which, if added to theannual amount of the contract awarded, exceed $500,000.

"Affiliate or subsidiary of a business dominant in its field of operation" means abusiness which is at least 20 percent owned by a business dominant in its field ofoperation, or by partners, officers, directors, majority stockholders, or theirequivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1(part), 2002)

2.203.090. Severability.

If any provision of this chapter is found invalid by a court of competentjurisdiction, the remaining provisions shall remain in full force and effect. (Ord.2002-0015 § 1 (part),2002)

1. Has ten or fewer employees during the contract period; and,

2. Has annual gross revenues in the preceding twelve months which, ifadded to the annual amount of the contract awarded, are less than$500,000; and,

3. Is not an affiliate or subsidiary of a business dominant in its field ofoperation.

"Dominant in its field of operation" means having more than ten employees andannual gross revenues in the preceding twelve months which, if added to theannual amount of the contract awarded, exceed $500,000.

"Affiliate or subsidiary of a business dominant in its field of operation" means abusiness which is at least 20 percent owned by a business dominant in its field ofoperation, or by partners, officers, directors, majority stockholders, or theirequivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1(part), 2002)

2.203.090. Severabilty.

If any provision of this chapter is found invalid by a court of competentjurisdiction, the remaining provisions shall remain in full force and effect. (Ord.2002-0015 § 1 (part), 2002)

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EXHIBIT 4

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EXHIBIT 4

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What is the Safmy Surr@nd9md Baby Law?Califomia's Safely Surrendered Baby Law allowa parents to giveup theirbabyconlidentially. As loog aatha baby has not beenabused Cf' neglected, parents rnay give up their nBlMxf'n withootfear of arrest or pltlseeutioo.

How does it work?A distressed parent who ia unable a unwillilll to asre fa a babycan legally,oonlidentially and safely glle up a b3bymtn n threedays of birlh. The baby must be handed to an errpoyee at a LoaArg:Ies Goonty e~ency room a fire stalion. As IOIli as tha enidshowa no sgns of abuse a l'IBgecl:,00 name Cf' other infoonaD:ln isrEqJired. In asse the parent charges his lY harmirKl at a laler dateand wants the baby bacX,workers will use bracelets to help oonnectthem to each other. One braD!letwll be placed on the b3by, BOO arnst:ding bracEletwil be gven to the parent

What: if a parent wants 1he baby back?Parents who rha rge their minds can beg n the j:roCeESofredaimilll their newboms witH n '14 days. These parents shooldasll the Los A~E!6 Goonty Deparbnent of ctildren and FamilySerriceB at 1-B00-5404000.

Can only a parent bring in ths baby?In roost caBeS,a parent will 00 rg in the baby: The law allowsother people to bring in the baby H:they halle legal GUstedy.

Doss the parent haveto call before bringing in the babf?No. A parent can bri IIIin a baby anytime, 24 hoors a day~7 daysa WBek 9:J lorg as the parent gilles 1he baby to someone whoworks at the h::epital Cf' fire slatkm.

Does a parent hava to tell anything to the poop(Qtaking 1M baby?No. However, hcspital perKlnnel will aek the parent to fill out aquestionnaire designed to gather imports nt medieallietcryinfamalioo, whim ia lIary useful in caring fer the chilcl. Althooghenoouraged, filling out the questionnsire is not required.

What happans to tM baby?The baby mil be examined BOO given medea Itreatment, if needed.Than the babywil be plaD!d in a pre-adCf'Aiyehorne.

What happens to the panmt"?OlD! the PiHnll:S) has safelyturned f:N8rthe baby, they are free to s:p.

Why is California doing this?The pllfJ.CE!3of·the Safely Surrendered Baby Law is to r.:mted:batiesfrcm beilll abanoora:l bythlir parents and pdentially biailll hurl Cf'

kiled. Yoo may have haard tragc Bbies of babies left in dJmpslersor IXlblicbathrooms. The parentswho a:nmilted these ad:a rna)'have been under severa ermliooal dimaa. The mothers may havelidden thei' pregnancies. fearful of whatwoold happan if theirfemilee foond out 8easulliElthey were afraid and had nOW1eretotumrorhelp, they andora:l their i rfa its. Abendooilll a baby putsthe dlikl in extreme darvar. It ia aim Ilegal. Too dten, it lB9ub inthe baby's deeth. 8ecBJae of the Safely SunenderEd Baby Law, the1rag3dyd:leanl ever have to happen in CslifOlrlia ega n.

A baby's storyAt B:30am. on Thumday, July 25, 2lXt2. a healthy neMlc:m babywaa broug-t to 5t Bemardine Mediasl Center in Sen Bernerd nounder the pulliaillna tftheCalifbrnia Safely SunenderEd Baby Law.As the law atatES.the bib/a roother dd reA:he'113to identify harlliEllf.When the babywas bltlugt to the emergency room, hewasexanined by a pediatrician. who determined that the babywaehaalthyarKl ~ngfine. Hewes paced with alO\ing femilywtile theadop1i:lnprocESSWBSstarted.

Every baby deserves a chance for ahealthy life. If someone you know is

considering abandoning a newborn, lether know there are other options.

It is best that women seek help to receive proper mecfu:;a! care and counseling whilethey are pregnant. But at the same time, we want to assure parents who choose

not to keep their baby that they willnot go to jail if they deliver their babies to safehands in any l.os Angeles County hospital ER or fire station.

Page 2 of 4

Wht is the SaQt Suf:Uld9md Baby La?Califmia"s Safy Surrndere Baby Law allow parent to give

up theirbabyconldenlally. As loog asthe baby has not beenabuse Cf miglec1d, parentB may give up their nsin witoot

fear of arrst or piiBecutoo.

Ho does it WOk?A distssed parent who ia unable a unwiliii to asre fa a babyasn lelly, oonldenlally and safly giie up a b3bymtti n three

deys of birU. The baby mUBt be handed to an erroy at a Lo

Ares Goonty e~ency rom a fire slon. As IOIl as the ctildshow no sgii of abuse a riecl 00 name Cf oter infu:n iB

rEired. In asse the parent chargs his lY harmirK at a lale date

and wants the baby bad!. workrs will use blScele to help oonnect

them to each otEf. One braæletwll be p.la.cEd on the b:by, an: aring brEat wil be gven to the parent

Wha if a pare want 1h ba bak?Parents who rh rg their minds can i: n the ¡:eæ of

redaimiii their newers wi n '14 day. TheBe parents Bhoold

asll the Lo A~E! Gonty Deparbnt of ctldren and FamilySerrceB at 1-B00-04000.

Can on a pare brng in t: baIn mo&l case, a parent wil 00 rg in th baby: 1l law allowoter people to bring in the baby iEthey haiie legl cuBkdy.

Do th pare hav to call bef brng in the baNo. A parent can bi II in a baby anytme, 24 hoors a day~ 7 daysa week 9: lorg as the parent giiieB 1h baby to Bereone whowos at the h:pitl Cf fire sti:n.

Doe a paren havø to mil anng to th P9O(Qtaking 1M baNo. Hower, hæpitl pelYnne wil ask th parent to fill out aquestonnaire designed to gather import nt medical ii stinfBloo, whidi is IISr) usefl in caring fe th chilc. AlOooghenrxrage, fillng out the quesoniiire is no require.

What happns to tM ba?The baby mil be examined aoo given medk:al1rment, if need.

Then the babywil be plaæd in a predCØye home.

Wh happes to the panmOiæ the PinnlB) haa iilyJime i:rtle bit, they are fr to g:

Why is Califnia dong this?The Pll of.th Saely Sirndeie Baby Law is to ¡:d: baties

frc beiii abanoora bythir parenl and pdnlally tiiii hurt Cfkiled. ¥oo mB' have haaid iric Bbea of babie lef in dJmpsl1

or ¡:blic bathroms. Th parent wi a:il 1he ads mayhave ben under seve ermooal di&lss. The motel1 mB' have

lidden thei' prenancieB, fearfl of wttwold happa if theirfElilee fond out 8easull they wee aflSid and had nOWlere to

1um for help, they i:ndoi- tleir i rtits. Abariooiii a bit pui

th diikl in exme darvar. It is aim llegal. Too dln, it lBub inthe baby" deat. 8eBJse of the Safly Sunedera Baby La, the1rdy d:nl ever have to happen in Qiiifia agå n.

A baby's story

At B:30 am. on Thursy, July 25. 2l. a healOy Æ\ babyW8 brou¡ to 5t Bemardine Meiasl CaD in San Beard IDunder the puIRBiiinB tftheCalifis Safly Sunedera Baby Law.As tle law stES, the bibB moEf dd re hs'l to id harslf.

When the babywae biiug to fue emergro rom, he was

examned by s pEdiabcian, wi detrmined that the bitwas

haalOyarK ~ngfine. Hawse pace wi alD\1i familywtle theadop1n proESS wes strtd.

Ever baby deserves a chance for ahealthy life. If someone you know is

considering abandoning a newborn, lether know there are other opions.

It is be that women see help to receive prper medu: car and counseling whilethey ar prenant. But at the sa time, we want to assure parents who choose

not to keep th'eir bay that they will not go to jail if they deliver their baÍes to safehands in any Los Angeles County hospial ER or fire station.

Page 2 of 4

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Page 3 of 4Page 3 of 4

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i.QiLKi!as fa lAy de Entrega dE!Bab9s Sin Pellgro?Ls Ley de EnIn!!ga de Bebes ~~nPel!¥lD de Cal~ia perrritea los pa::lrea eniregar a Ell rsersn naddn oonfidenaalmente.Siempre que el bebe 00 hays aufrido sbueo ri negligericia,padres pueden aniregar a Ell recien nacida sin temar a aararrelil:ma 0 r::rocsssd05.

",COmofunciom?EI pa::lre/madre con dificultadea que no pueds 0 00 quiera widerde Ell n:cien nsado puede enln!!gE!rb en fams legel, oonlidaooiel'lsegura, dertro de los 1rasd iss del nacimiento. EI bebe debe earenln!!g9:b a un em~eadode una sala de emlll9300iaa ode unwartsl de b::mbef'os del Condsdo de Los Argelea. 6illmptl queIII beI::Eno preaenIE aign05 de abueo 0 negligencia, no BElI'liI

nllCS'BerioBuminilil:rer IDTlbres ni infOOTIsaon alguna. Si elpadre.madlB cama deo~ni6n r;ceteriOOTlerteydEBea rewperara BU babe, 105trebajadoras utilizaran brazaletss para poder";ncularba. EI babe IIBYSraun brazaleta y el padre.madre reciljraun brazaleta igual.

",Quepasa si 91 padreJmadm OQS9a ~rara sa b9h9'?Los padres q,Je camen de o~nion pusden empezar al plDCElBOderedamar a au racen ns::ido denlro ds lea 14 d isa. Esles pa::lresdeberSn lIamar eI Oaparlarnerto de Ser,.;aea pare Ninos y Farniliaa(Deparlmert of ChildlBn and Farrily Ser,.;CEla)del Condm de LosArgelea, aI1-8DD-54iJ40DO.

£.SOlolos padres podran IIwar a1 redan naddo?En la mayorla de 105caroB, los pa::lres son lea que lIavan albabe. La la'l parmitsque oires personas lIeven al bebe lSitienenlacuBtodis legal del menor.

",Los pact'QS deban llamar an1:U dE!llevar al babe.'?No. B padre/madre puede lIavar a au bebe en cualquierm:mento, lea 24 ooras del dia, 1057 d iaB da la sarnana,miantres que eniregua a au bebe a un empleado del hcEipitalo de un cuarllli de oombaros.

tEs rmc&Saoo que e( padrQ/mad'r9 diga algo a laspef'SOnasque I'filclben al bQb9?No. Sin embargo, al personal dal hos~ial Ie pedira que Ilene uncueationario con la finelida::l de recabar a n1EcedenlEBmedioosimp:rianlEa, que resultsn de gran utilidad para 105cuidados quareabira el bebe. Es racornendado lIanar eeta cuestiooario, percno as obligatorio hacerlo.

tQue ocurrira con aI bebMEI beI::Esera exsrrinado 'I, de ser necesario, reabira traiarrientomedico. Luego ell::Ebe Be entregara e un hogar presdcpillO.

tQue pasara COO 0) padrQ/madre?Una vez que lOBpadres haysn enln!!gado a ElI"bebe en famaaegura, saran litrea de iraa.

tPor qua California hace esm?Lafinaldsd de Ie Ley de Enlregs de Bebes Sin Peligrn eaprcteger a bs babeB del abandooo !XX' pirie de suapadras y de lapOEibilida::lde qua rnueran 0 aufi"andanoa. Uated probabl9menIEhays escuchado l"islorias mgcas rotre bEbBssbendooadoB enbaEllreroso en banoa pjl::lioos. Es poeible que 105pa::lres quecome1ieron estt:6 aetas haysn elil:ado ames ando difia.lltadeeemoaonalee gra'tea. Las madras pueden haber ocultado auerrbarazo, pcrtemora 10q,Je paserfa ai ElIafamilias se enlEreren.AbandonS'on a EllSreden naad05 p::lIque tenran miedo y 00 tenianadoode racurrirpsre obtenera'fUda. EI abandorpde un re~8nnadde 10pone en una siluacDn de paige ex1rarno. Ademas esi1egal.Mu'l a rranudc al abandollO proYOC8Ia muerts del 1:Eba.Mas, gacias a Ia Ley de Entrega de Bebes Sin Peligro, eaI:atl3gedis ya no debs ElIcader nunca mS!i en Califomia.

Historia de un b@b9A laa B:W a.m. dE!ljuev9s 25 de julio de 2002, se enln!!go unbabe raaen nacido Baludable en el 8t Bemardine Medical Genteren San Bemardioo, an Ilirtud de laa disposicionea ds Is Ley deEnIn!!ga de Bebes Sin Peligro: Como 10elil:ableCElI~ ley,la madredel babe IlOse tuva que identificsr. Guando el bsbe 1Ieg!!a lasals de emergsnaas, un pedialra 10ravisoy del:srminD que eIbabe sstaba saludahla 'f notenfs problemas. EI bebefueubicm con una l:tJena familia, rrientl3s Be inidaban k1s trSmileede adcpcDn.

Cada reciOn nacido mereoe unaoportumdad"detsner una vida saludable.

SIialgukln que ust9d conoce sua pensandoen abandonar a un reoian nacido, infOfID9le

que ob'as opeiones tieM.

Es mejtJr flUe'las mu.teres; busquen Byuda pam reclbfr Btenci5n ~dioo y asesommiento adecuadodurante el enJbarazo. Pero al mismo tie.mPa~queremos BSegI.1l'ar&9Sa los padres que optan par 00

quedarse con su bebeque lID imn a fa ~e1 sl dejan a sus beb~ en buellas' manos en cua/quier'sala de eJ1let'gEmcla de un IIDspftaJ " en un cuartel de bomberos del Condado de Los Angeles.

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¿Qi. as fa Le de Enre dE B9 Sin Pellgro?La Ley de En!ga. de Bebés ~~n Pel!¥ro de Cal~ia perrtea los pa:rea enlegr a ai reeisn naado oonfdenaalmente.SiemlJe que el bebé 00 hays aufdo aburo ri negligericia,padres FUeden enlegr a ai reciên nacido sin teor a aararr&te:a 0 r:sssdæ.

¿Cómo fiioEI pa:remadre con difcultdes que no pueda 0 00 quiera widar

de ai ieiên nsådo FUede en!gE!rb en faa legel. oonfrciel'l

ægura. dertro de loa 1rs dias del nacimient EI bebe debe æren!g9: a un em¡jeadode una asls de emiiigrciaa ode un

wartl de b:be del Cadsoo de Los Arglea. 6iiimpõ queel be no presenb signæ de aburo 0 negligencia, no aeneCSsria sumini&trar IDbras ni infcmaåón alguna. Si elpe:re.mooia cama de o~niCf rxriCfrte y deaea rewperar

s au bebé, læ 1rbajadores utilizarán brmletes para poderi.naJlarks. EI bebé lIevrå un bralat y el i:dre.me:re reiljrá

un bralat igual.

¿Que pasa sí 91 padreadm d9Sa mcraa su b9ê'La i:dras q.e camen de o~niõn FUsden emper el proceED de

redamar a au reién næid denl de lea 14 d iaa. Esb: pa:redeben lIamar ei Deparlllrl de Ser.åea para Ninoa y Familes

(Deparlrt of Childian an: Farrly Ser.ces) del Cade: de LosArgea, aI1-8DCh40DO.

¿Sói ¡os padre porá lIevar æ redé nado?En la maycia de læ caroa, los pa:res son lea que lIevan albebe. La le'l permit que oira peonaslleven al bebe IS tienenlacuBtdia legal del menor.

¿Los paes de lIama an§¡ dE llva al b9g.1No. B padre/madre puede lIevar a su bebé en cualquierm:enlo, las 24 ooras del dia, læ 7 d iaa de la semans,mientras que enlegue a su bebé a un empleado dellipital

a de un cuarli de bombero.

¿Es rmcêSll egis el pari9mad' díga alg a laspefnas que nil:um a1 bêb?No. Sin embargo, el peranal del hoe~1alle peirá que Ilene un

aJeationario con Is finalida: de recabar a nbædenbs médiooimp:anbe, que resultan de gran utilidad para læ cuidadoe quereåbirá el bebé. Ea reolln:ado IIsnar eat aJestooario, pe

no eEl obligatorio hacerto.

¿Qu ocrrrá con 9l bebêEI be serå 6Xerrnado ,/, de esr ÆCessrio, reåbirá tra1arrenlmedico. Luago el be se enlgara a un hogar preadi:ill.

¿Qué pasará CO 9) paatdre?Una vez qua los padres hayan an!gado a ai"bebê en fca

segura, Barin litrea de irae.

¿Pa qué caifomfa hace esm?Lafinaldad de la lsde Ente de Biibès Sin Peigrn es

prer a k: bebês del aban:ooo IX pi: de Busi:dres y de la

pæbilida: de qua FTern 0 sufn danoB. LIted ¡:ablemenbhays eSaJchado l'sles 1icai rotre bEs aban:oosdos en

baaireroso en banos iil:ioo. Es poble quelæ pa:ræ queoce1eron esl: acls hayan e&tdo amssando difiilte:eeemoåonalee gra'ts. Las madres puadan haber ocultdo suerrra, pctemora loq.e paiena ai aiafamilias as snbraren.AbandonS'on a ais redsn naådæ IXrque tenian miedo y 00 tenianadoode reaJrrrpera obtnera)\da. EI aben:orpde un re~ènnsådo 10 p:ne en una siluscDn de pslge exlT. Ademas asilegal. Mu'l e Ilnudo el absndono plOYOt: ia musrt dell:.

Mas. gaciai a ia Ley de EnI de Babes Sin Peigro. Iltl3gedie ya no debs aiceer nure mæ en Califmia.

Histor de un ~Alas B:W s.m. dE! jueves 25 de julio de 2002, se en!gõ unbebe reåsn nacido saludable en el 8t Bemsrdine Medical Genteren San Bemardioo, en Ilrtud de laa disposicioneEl de la Ley deEn!ga de Babês Sin PeliglO: COIT 10 e&teblece i~ ley. Is madredel bebè no sa tuva que identifcar. Gua n:o el bebe 1Ieg a lasala de emergenåas, un pedialr 10 ravisõ,/ dsl:inõ que ei

bebé eslba saludable 'f notiinia problemas. EI biibéfueubice: con una ooena famila, rrentl3s se inidaban kis trmilede e:cpDn.

Cad roiön nacid mere unaoponidad"dotêMf una vid saudble.

SI algukln quo ust9d conoco êst pesanden abandonar a un reién naido, inÓlIDle

qué otras opeios tine.

Es mej r¡e./as muJe busque ayuda pam reclr atencí5n f'dica y asesomifnto adecuadodunte el enlb Peo sf mismo tieJa~ queos aseg&9s a los padres que Dptan par 00quedare con su bebe qu lI im a Ia ~e1 sl de a S1S bebés en buas manDS en cualc¡l1sale de eJetencia de un hosp " en un cuart de bombes del CfJndado de Los Aneles.

Page 4 of 4

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EXHIBIT 5

ORDINANCE NO. ......-_

An ordinance amending Title - 17 Parks. Beaches and Other Public Places. to

prohibit smoking in parks.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Section 17.04.035 is hereby added to read as follows:

17.04.035 Contract-operated facilities.

"Contract-operated facilities" means parks. which are operated, controlled, or

maintained, in whole or in part. pursuant to an agreement with a lessee, concessionaire,

operator, contractor, or vendor, for the purpose of providing recreational services to the

public.

SECTJON 2. Section 17.04.185 is hereby added to read as follows:

17.04.185 Smoking.

"Smoke" or "smoking" shall have the meaning as set forth in

Section 11.64.020{B)of this code.

SECTION 3. Section 17.04.650 is hereby added to read as follows:

17.04.650 Smoking Prohibited.

Smoking shall be prohibited at all parks, except:

1. Smoking shall be permitted by actors who are acting during a permitted

production or by models during a permitted photography session, unless otherwise

determined by the Director, in consultation with the applicable Fire Official; and

HOA.633706.2

EXHIBIT 5

ORDINANCE NO.

An ordinance amending Title - 17 Parks, Beaches and Other Public Places, to

prohibit smoking in parks.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Section 17.04.035 is hereby added to read as follows:

17.04.035 Contract-ooerated facilities.

"Contract-operated facilties" means parks, which are operated, controlled, or

maintained, in whole or in part, pursuant to an agreement with a lessee, concessionaire,

operator, contractor, or vendor. for the purpose of providing recreational services to the

publíc.

SECTJON 2. Section 17.04.185 is hereby added to read as follows:

17.04.185 Smokina.

"Smoke" or "smoking" shall have the meaning as set fort in

Section 11.64.020(8) of this code.

SECTION 3. Section 17.04.650 is hereby added to read as follows:

17.04.650 Smoklna Prohibited.

Smoking shall be prohibited at all parks. except:

1. Smoking shall be permitted by actors who are acting during a permitted

production or by models during a permitted photography session, unless otherwise

determined by the Director, in consultation with the applicable Fire Offcial; and

HOA.633706.2

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EXHIBIT 5 con't

2. Smoking shall be permitted within contract-operated facilities, in

designated areas, at the discretion of the Director. in consultation with the operators of

said facilities.

[1704035CSCC}

HOAa33706.2 2

EXHIBIT 5 con't

2. Smoking shall be permitted within contract-operated facilities, in

designated areas, at the discretion of the Director. in consultation with the operators of

said facilties.

(1704035CSCCl

HOAa33706.2 2

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AMENDMENT NUMBER 4 TO LEASE AGREEMENT NUMBER 48725FOR THE OPERATION AND MAINTENANCE OF

EATON CANYON COUNTY GOLF COURSE

This Amendment to Lease Agreement No. 48725 (hereinafter: "Amendment") made

and entered into this first (1st) day of Mav 2010,

By and between the COUNTY OF LOS ANGELES,

a body corporate and politic, hereinafter

referred to as "County",

and

D.C. GOLF, a California limited

partnership hereinafter referred to as

the "Lessee";

WITNESSETH:

WHEREAS, County and Lessee have entered into County Lease Agreement

Number 48725, as amended, (hereinafter: the "Lease") on October 30, 1984, for the

operation and maintenance of Eaton Canyon County Golf Course; and

WHEREAS, Lessee and County entered into Amendment Number 1 to the Lease

(Amendment 1) dated December 6, 1990, providing for a fifteen year extension to the

Lease in return for the Lessee's installation on a new golf course irrigation system; and

WHEREAS, Lessee and County entered into Amendment Number 2 to the Lease

(Amendment 2) dated May 12, 1998 in which the Lessee exercised it's right pursuant to

Section 5.01 of the Lease in which parties agreed to a readjustment of the Lease rent

percentages; and

WHEREAS, Lessee and County entered into Amendment Number 3 to the Lease

(Amendment 3) adjusting the percentage of green fees revenues to the Eaton Canyon

County Golf Course Capital Improvement Trust Fund; and Lessee agreed to implement

the County's Junior Golf Program; and

Altadena Lease Agreement 48724Amendment 4

1

AMENDMENT NUMBER 4 TO LEASE AGREEMENT NUMBER 48725FOR THE OPERATION AND MAINTENANCE OF

EATON CANYON COUNTY GOLF COURSE

This Amendment to Lease Agreement No. 48725 (hereinafter: "Amendment") made

and entered into this first (1st) day of Mav 2010,

By and between the COUNTY OF LOS ANGELES,a body corporate and politic, hereinafter

referred to as "County",

and

D.C. GOLF, a California limitedpartnership hereinafter referred to as

the "Lessee";

WITNESSETH:

WHEREAS, County and Lessee have entered into County Lease Agreement

Number 48725, as amended, (hereinafter: the "Lease") on October 30, 1984, for the

operation and maintenance of Eaton Canyon County Golf Course; and

WHEREAS, Lessee and County entered into Amendment Number 1 to the Lease

(Amendment 1) dated December 6, 1990, providing for a fifteen year extension to the

Lease in return for the Lessee's installation on a new golf course irrigation system; and

WHEREAS, Lessee and County entered into Amendment Number 2 to the Lease

(Amendment 2) dated May 12, 1998 in which the Lessee exercised it's right pursuant to

Section 5.01 of the Lease in which parties agreed to a readjustment of the Lease rent

percentages; and

WHEREAS, Lessee and County entered into Amendment Number 3 to the Lease

(Amendment 3) adjusting the percentage of green fees revenues to the Eaton Canyon

County Golf Course Capital Improvement Trust Fund; and Lessee agreed to implement

the County's Junior Golf Program; and

Altadena Lease Agreement 48724Amendment 4

1

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WHEREAS, Lessee agrees to implement the County's Golf Course Improvement

Fee (GCIF); and

WHEREAS, Lessee has exercised its right pursuant to Section 5.01 of the

Lease, and requested a readjustment of the Lease rent percentages, and as a result of

the readjustment negotiation the parties have agreed on mutually acceptable terms and

conditions; and

WHEREAS, Lessee and County mutually desire to further amend the Lease in

order to reflect said terms and conditions as to Payment of Rental to be made by lessee

as well as provisions regarding the County's Capital Improvement funding, the County's

Golf Course Improvement Fee, Lessee Responsibility of Debarment, No Payment for

Services, Jury Service Program, Baby Safe Surrender Law, Federal Earned Income

Credit, Contract Enforcement, Recycled Paper, Smoking Ban Ordinance and Entire

Agreement;

NOW, THEREFORE, in consideration of the mutual covenants, conditions, and

promises contained herein the parties do agree as follows:

1. PRIORITY OF AMENDMENTS

In the event of any conflict or inconsistency in the definition or

interpretation of any work, responsibility, schedule, or contents or description of task,

deliverable, goods, service, or works, or otherwise between the Lease, as amended and

Amendment Number 4, such conflict or inconsistency shall be resolved by giving

precedence to Amendment Number 4 and then to the Lease, and then Amendments 1

through 3.

2. PAYMENT OF RENTAL

2.01 The existing Section 2.0, Payment of Rental, of Amendment 2 is deleted

in its entirety and replaced by the following:

"5.04 Lessee shall pay County for use granted herein a fixed monthly

amount of Sixteen Thousand Nine Hundred Five Dollars and No Cents

Altadena Lease Agreement 48724Amendment 4

2

WHEREAS, Lessee agrees to implement the County's Golf Course Improvement

Fee (GCIF); and

WHEREAS, Lessee has exercised its right pursuant to Section 5.01 of the

Lease, and requested a readjustment of the Lease rent percentages, and as a result of

the readjustment negotiation the parties have agreed on mutually acceptable terms and

conditions; and

WHEREAS, Lessee and County mutually desire to further amend the Lease in

order to reflect said terms and conditions as to Payment of Rental to be made by lessee

as well as provisions regarding the County's Capital Improvement funding, the County's

Golf Course Improvement Fee, Lessee Responsibility of Debarment, No Payment for

Services, Jury Service Program, Baby Safe Surrender Law, Federal Earned Income

Credit, Contract Enforcement, Recycled Paper, Smoking Ban Ordinance and Entire

Agreement;

NOW, THEREFORE, in consideration of the mutual covenants, conditions, and

promises contained herein the parties do agree as follows:

1. PRIORITY OF AMENDMENTS

In the event of any conflict or inconsistency in the definition orinterpretation of any work, responsibility, schedule, or contents or description of task,

deliverable, goods, service, or works, or otherwise between the Lease, as amended and

Amendment Number 4, such conflict or inconsistency shall be resolved by giving

precedence to Amendment Number 4 and then to the Lease, and then Amendments 1

through 3.

2. PAYMENT OF RENTAL

2.01 The existing Section 2.0, Payment of RentaL. of Amendment 2 is deleted

in its entirety and replaced by the following:

"5.04 Lessee shall pay County for use granted herein a fixed monthly

amount of Sixteen Thousand Nine Hundred Five Dollars and No Cents

Altadena Lease Agreement 48724Amendment 4 2

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($16,905.00) calculated as identified in this Amendment as Exhibit 1. In

the event of a Board of Supervisors approved green fee increase, the

lessee shall pay the County fifty percent (50%) of the cumulative total of

the green fee increase, exclusive of the fixed monthly amount. The

monthly Capital Improvement Trust Fund Payment made by the Lessee

commencing with the effective date of this amendment through the

thirtieth (30th) month of this amendment shall be in an amount equal to

forty percent (40%) of the monthly rent due. From the thirty-first (31st)

month to the end of the lease term the monthly Capital Improvement Trust

Fund Payment made by the Lessee shall be in an amount equal to fifteen

percent (15%) of the monthly rent due".

3. GOLF COURSE IMPROVEMENT FEE DESIGNATION

3.01 Notwithstanding the provision of the Lease wherein a percentage of gross

receipts of green fees, tournament registration fees, and all other uses of

the golf course is prescribed as rent to be paid to the County, Lessee

agrees to pay one hundred percent (100%) of the GCIF, calculated as

identified in this Amendment as Exhibit 2, GOLF COURSE GREEN FEE

RATES (Regulation 9 holes), attached hereto and incorporated herein by

reference.

3.02 Said fees are not to be reported as a gross receipt and therefore shall not

be calculated in the rent to be paid to the County.

3.03 Lessee shall report, by separate line item, the aggregate of said

payments derived from the GCIF in the monthly revenue statement that

accompanies its regular rent payment as required by the lease.

3.04 County agrees that one hundred percent (100%) of the GCIF will be

deposited in a separate Capital Improvement Account exclusively for said

funds.

3.05 Lessee agrees that the funds raised by the GCIF will be used for course

improvements that directly affect the golfing experience at the course,

including, but not limited to, refurbishment of greens, bunkers, tee boxes

etc and major maintenance.

Altadena Lease Agreement 48724Amendment 4

3

($16,905.00) calculated as identified in this Amendment as Exhibit 1. Inthe event of a Board of Supervisors approved green fee increase, the

lessee shall pay the County fifty percent (50%) of the cumulative total of

the green fee increase, exclusive of the fixed monthly amount. The

monthly Capital Improvement Trust Fund Payment made by the Lessee

commencing with the effective date of this amendment through the

thirtieth (30th) month of this amendment shall be in an amount equal to

fort percent (40%) of the monthly rent due. From the thirt-first (31st)

month to the end of the lease term the monthly Capital Improvement Trust

Fund Payment made by the Lessee shall be in an amount equal to fifteen

percent (15%) of the monthly rent due".

3. GOLF COURSE IMPROVEMENT FEE DESIGNATION

3.01 Notwithstanding the provision of the Lease wherein a percentage of gross

receipts of green fees, tournament registration fees, and all other uses of

the golf course is prescribed as rent to be paid to the County, Lessee

agrees to pay one hundred percent (100%) of the GCIF, calculated as

identified in this Amendment as Exhibit 2, GOLF COURSE GREEN FEE

RATES (Regulation 9 holes), attached hereto and incorporated herein by

reference.

3.02 Said fees are not to be reported as a gross receipt and therefore shall not

be calculated in the rent to be paid to the County.

3.03 Lessee shall report, by separate line item, the aggregate of saidpayments derived from the GCIF in the monthly revenue statement that

accompanies its regular rent payment as required by the lease.

3.04 County agrees that one hundred percent (100%) of the GCIF will be

deposited in a separate Capital Improvement Account exclusively for said

funds.

3.05 Lessee agrees that the funds raised by the GCIF wil be used for course

improvements that directly affect the golfing experience at the course,

including, but not limited to, refurbishment of greens, bunkers, tee boxes

etc and major maintenance.

Altadena Lease Agreement 48724Amendment 4

3

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3.06 Within thirty (30) days of the effective date of this amendment, Lessee

shall submit a list of improvements to be funded from this GCIF and an

implementation schedule to the Director for approval. Lessee shall, within

thirty (30) days of receipt of Director's approval of the proposed

improvements and the priority of funding those improvements, post in a

public area of the golf course the approved list of improvements and

schedule of project timelines so that the public can be aware of the golf

course improvements to be funded from the GCIF. As improvements are

completed, the Lessee shall update the posted list to reflect the

implemented and planned improvements status. Lessee and the Director

will coordinate updates to the list as appropriate so that the GCIF will be

dedicated to improvements directly affecting the golfing experience.

Nothing in this Lease shall prevent the Lessee and Director from

coordinating on the improvements to be funded, or prevent the Director

from proposing projects or from determining priority of funding from the

GCIF. As the parties agree that the intent of the fee is to augment

funding to directly improve the golfing experience, the parties agree that

the Director is solely authorized to make the final determination on

improvements to be funded by the fee if the parties fail to agree on the list

and implementation schedule within six [6] months of the effective date of

the new fee.

3.07 County reserves the right from time to time to audit and verify from the

related books and records of the Lessee to ensure that disbursement of

funds from the GCIF are in keeping with the provisions of this

Amendment. In the event any disbursement of funds from the GCIF are

not in accordance with the provisions of this Amendment, as determined

by the Director, Lessee shall reimburse the GCIF within thirty (30) days

upon receipt of a written notice, plus an amount equal to the interest that

would have accumulated on the amount from the time of disbursementuntil repayment.

Altadena Lease Agreement 48724Amendment 4 4

3.06 Within thirt (30) days of the effective date of this amendment, Lessee

shall submit a list of improvements to be funded from this GCIF and an

implementation schedule to the Director for approval. Lessee shall, within

thirty (30) days of receipt of Director's approval of the proposed

improvements and the priority of funding those improvements, post in a

public area of the golf course the approved list of improvements and

schedule of project timelines so that the public can be aware of the golf

course improvements to be funded from the GCIF. As improvements are

completed, the Lessee shall update the posted list to reflect the

implemented and planned improvements status. Lessee and the Director

wil coordinate updates to the list as appropriate so that the GCIF will be

dedicated to improvements directly affecting the golfing experience.

Nothing in this Lease shall prevent the Lessee and Director from

coordinating on the improvements to be funded, or prevent the Director

from proposing projects or from determining priority of funding from the

GCIF. As the parties agree that the intent of the fee is to augmentfunding to directly improve the golfing experience, the parties agree that

the Director is solely authorized to make the final determination on

improvements to be funded by the fee if the parties fail to agree on the list

and implementation schedule within six (6) months of the effective date of

the new fee.

3.07 County reserves the right from time to time to audit and verify from the

related books and records of the Lessee to ensure that disbursement of

funds from the GCIF are in keeping with the provisions of thisAmendment. In the event any disbursement of funds from the GCIF are

not in accordance with the provisions of this Amendment, as determined

by the Director, Lessee shall reimburse the GCIF within thirt (30) days

upon receipt of a written notice, plus an amount equal to the interest that

would have accumulated on the amount from the time of disbursement

until repayment.

Altadena Lease Agreement 48724Amendment 4 4

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4. ASSIGNMENT BY LESSEE

4.01 Amend Section 16 "TRANSFERS" by deleting Paragraph 16.01 and

substituting the following:

"16.01 Lessee shall not assign its rights, delegate its duties, sublease,

license, hypothecate, or mortgage this Agreement, whether in

whole or in part, without the prior written consent of County, in its

discretion, and any attempted assignment, delegation, sublease,

license, hypothecation, or mortgage without the consent shall be

null and void. For purposes of this paragraph, County consent

shall require a written amendment to the Agreement, which is

formally approved and executed by the parties. Any payments by

County to any approved delegate or assignee on any claim under

the Agreement shall be deductible, at County's sole discretion,

against the claims which Lessee may have against County."

4.02 Amend Section 16 "TRANSFERS" by deleting Paragraph 16.04 and

substituting the following:

"16.04 Shareholders, partners, members, or other equity holders of

Lessee may transfer, sell, exchange, assign, or divest themselves

of any interest they may have therein. However, in the event any

such sale, transfer, exchange, assignment, or divestment is

effected in such a way as to give majority control of Lessee to any

person(s), corporation, partnership, or legal entity other than the

majority controlling interest therein at the time of execution of the

Agreement, such disposition is an assignment requiring the prior

written consent of County in accordance with applicable provisions

of this Agreement."

Altadena Lease Agreement 48724Amendment 4 5

4. ASSIGNMENT BY LESSEE

4.01 Amend Section 16 "TRANSFERS" by deleting Paragraph 16.01 and

substituting the following:

"16.01 Lessee shall not assign its rights, delegate its duties, sublease,

license, hypothecate, or mortgage this Agreement, whether in

whole or in part, without the prior written consent of County, in its

discretion, and any attempted assignment, delegation, sublease,

license, hypothecation, or mortgage without the consent shall be

null and void. For purposes of this paragraph, County consent

shall require a written amendment to the Agreement, which is

formally approved and executed by the parties. Any payments by

County to any approved delegate or assignee on any claim under

the Agreement shall be deductible, at County's sole discretion,

against the claims which Lessee may have against County."

4.02 Amend Section 16 "TRANSFERS" by deleting Paragraph 16.04 and

substituting the following:

"16.04 Shareholders, partners, members, or other equity holders of

Lessee may transfer, sell, exchange, assign, or divest themselves

of any interest they may have therein. However, in the event any

such sale, transfer, exchange, assignment, or divestment is

effected in such a way as to give majority control of Lessee to any

person(s), corporation, partnership, or legal entity other than the

majority controlling interest therein at the time of execution of the

Agreement, such disposition is an assignment requiring the prior

written consent of County in accordance with applicable provisions

of this Agreement."

Altadena Lease Agreement 48724Amendment 4 5

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4.03 Amend Section 16 "TRANSFERS"by adding Paragraph 16.06 as follows:

"16.06 Any assumption, assignment, delegation, or takeover of any of the

Lessee's duties, responsibilities, obligations, or performance of

same by any entity other than the Lessee, whether through

assignment, sublease, delegation, merger, buyout, or any other

mechanism, with or without consideration for any reason

whatsoever without County's express prior written approval may

result in the termination of the Agreement. In the event of such

termination, County shall be entitled to pursue the same remedies

against the Lessee as it could pursue in the event of a default by

Lessee."

5. LESSEE RESPONSIBILITY AND DEBARMENT

5.01 A new Section 27, entitled Lessee Responsibility and Debarment is added

to the Lease Agreement and shall read as follows:

"27. LESSEE RESPONSIBILITY AND DEBARMENT

27.01 Responsible Lessee

A responsible Lessee is a Lessee who has demonstrated the

attribute of trustworthiness, as well as quality, fitness,

capacity and experience to satisfactorily perform the Lease

Agreement. It is the County's policy to conduct business

only with responsible Lessees.

27.02 Chapter 2.202 of the County Code

The Lessee is hereby notified that, in accordance with

Chapter 2.202 of the County Code, if the County acquires

information concerning the performance of the Lessee on

this or other Lease Agreements which indicates that the

Lessee is not responsible, the County may, in addition to

other remedies provided in the Lease Agreement, debar the

Lessee from bidding or proposing on, or being awarded,

and/or performing work on County Lease Agreements for a

Altadena Lease Agreement 48724Amendment 4 6

4.03 Amend Section 16 "TRANSFERS" by adding Paragraph 16.06 as follows:

"16.06 Any assumption, assignment, delegation, or takeover of any of the

Lessee's duties, responsibilities, obligations, or performance of

same by any entity other than the Lessee, whether throughassignment, sublease, delegation, merger, buyout, or any other

mechanism, with or without consideration for any reasonwhatsoever without County's express prior written approval may

result in the termination of the Agreement. In the event of such

termination, County shall be entitled to pursue the same remedies

against the Lessee as it could pursue in the event of a default by

Lessee."

5. LESSEE RESPONSIBILITY AND DEBARMENT

5.01 A new Section 27, entitled Lessee Responsibility and Debarment is added

to the Lease Agreement and shall read as follows:

"27. LESSEE RESPONSIBILITY AND DEBARMENT

27.01 Responsible Lessee

A responsible Lessee is a Lessee who has demonstrated the

attribute of trustworthiness, as well as qualiy, fitness,capacity and experience to satisfactorily perform the Lease

Agreement. It is the County's policy to conduct business

only with responsible Lessees.

27.02 Chapter 2.202 of the County Code

The Lessee is hereby notified that, in accordance with

Chapter 2.202 of the County Code, if the County acquires

information concerning the performance of the Lessee on

this or other Lease Agreements which indicates that the

Lessee is not responsible, the County may, in addition to

other remedies provided in the Lease Agreement, debar the

Lessee from bidding or proposing on, or being awarded,

and/or performing work on County Lease Agreements for a

Altadena Lease Agreement 48724Amendment 4 6

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specified period of time, which generally will not exceed five

years but may exceed five years or be permanent if

warranted by the circumstances, and terminate any or all

existing Lease Agreements the Lessee may have with the

County.

27.03 Non-Responsible Lessee

The County may debar a Lessee if the Board of Supervisors

finds, in its discretion, that the Lessee has done any of the

following: (1) violated a term of a Lease Agreement with the

County or a nonprofit corporation created by the County, (2)

committed an act or omission which negatively reflects on

the Lessee's quality, fitness or capacity to perform a Lease

Agreement with the County, any other public entity, or a

nonprofit corporation created by the County, or engaged in a

pattern or practice which negatively reflects on same, (3)

committed an act or offense which indicates a lack of

business integrity or business honesty, or (4) made or

submitted a false claim against the County or any other

public entity.

27.04 Contractor Hearing Board

If there is evidence that the Lessee may be subject to

debarment, the Department will notify the Lessee in writing

of the evidence which is the basis for the proposed

debarment and will advise the Lessee of the scheduled date

for a debarment hearing before the Los Angeles County's

Contractor Hearing Board.

27.04.01. The Contractor Hearing Board will conduct a

hearing where evidence on the proposed

debarment is presented. The Lessee and/or

the Lessee's representative shall be given an

opportunity to submit evidence at that hearing.

Altadena Lease Agreement 48724Amendment 4

7

specified period of time, which generally will not exceed five

years but may exceed five years or be permanent if

warranted by the circumstances, and terminate any or all

existing Lease Agreements the Lessee may have with the

County.

27.03 Non-Responsible Lessee

The County may debar a Lessee if the Board of Supervisors

finds, in its discretion, that the Lessee has done any of the

following: (1) violated a term of a Lease Agreement with the

County or a nonprofit corporation created by the County, (2)

committed an act or omission which negatively reflects on

the Lessee's quality, fitness or capacity to perform a Lease

Agreement with the County, any other public entity, or a

nonprofit corporation created by the County, or engaged in a

pattern or practice which negatively reflects on same, (3)

committed an act or offense which indicates a lack of

business integrity or business honesty, or (4) made or

submitted a false claim against the County or any other

public entity.

27.04 Contractor Hearing Board

If there is evidence that the Lessee may be subject to

debarment, the Department will notify the Lessee in writing

of the evidence which is the basis for the proposed

debarment and will advise the Lessee of the scheduled date

for a debarment hearing before the Los Angeles County's

Contractor Hearing Board.

27.04.01. The Contractor Hearing Board will conduct a

hearing where evidence on the proposed

debarment is presented. The Lessee and/or

the Lessee's representative shall be given an

opportunity to submit evidence at that hearing.

Altadena Lease Agreement 48724Amendment 4

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Altadena Lease Agreement 48724Amendment 4

27.04.02.

27.04.03.

After the hearing, the Contractor Hearing

Board shall prepare a tentative proposed

decision, which shall contain a

recommendation regarding whether the Lessee

should be debarred, and, if so, the appropriate

length of time of the debarment. The Lessee

and the Department shall be provided an

opportunity to object to the tentative proposed

decision prior to its presentation to the Board of

Supervisors.

After consideration of any objections, or if no

objections are submitted, a record of the

hearing, the proposed decision, and any other

recommendation of the Contractor Hearing

Board shall be presented to the Board of

Supervisors. The Board of Supervisors shall

have the right to modify, deny, or adopt the

proposed decision and recommendation of the

Hearing Board.

If a Lessee has been debarred for a period

longer than five (5) years, that Lessee may

after the debarment has been in effect for at

least five (5) years, submit a written request for

review of the debarment determination to

reduce the period of debarment or terminate

the debarment. The County may, in. its

discretion, reduce the period of debarment or

terminate the debarment if it finds that the

Lessee has adequately demonstrated one or

more of the following: (1) elimination of the

grounds for which the debarment was

8Altadena Lease Agreement 48724Amendment 4

27.04.02.

27.04.03.

After the hearing, the Contractor Hearing

Board shall prepare a tentative proposed

decision, which shall contain arecommendation regarding whether the Lessee

should be debarred, and, if so, the appropriate

length of time of the debarment. The Lessee

and the Department shall be provided an

opportunity to object to the tentative proposed

decision prior to its presentation to the Board of

Supervisors.

After consideration of any ?bjections, or if no

objections are submitted, a record of the

hearing, the proposed decision, and any other

recommendation of the Contractor Hearing

Board shall be presented to the Board of

Supervisors. The Board of Supervisors shall

have the right to modify, deny, or adopt the

proposed decision and recommendation of the

Hearing Board.

If a Lessee has been debarred for a period

longer than five (5) years, that Lessee may

after the debarment has been in effect for at

least five (5) years, submit a written request for

review of the debarment determination toreduce the period of debarment or terminate

the debarment. The County may, in. itsdiscretion, reduce the period of debarment or

terminate the debarment if it finds that the

Lessee has adequately demonstrated one or

more of the following: (1) elimination of the

grounds for which the debarment was

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Altadena Lease Agreement 48724Amendment 4

imposed; (2) a bona fide change in ownership

or management; (3) material evidence

discovered after debarment was imposed; or

(4) any other reason that is in the best interests

of the County.

27.04.04. The Contractor Hearing Board will consider a

request for review of a debarment

determination only where (1) the Lessee has

been debarred for a period longer than five (5)

years; (2) the debarment has been in effect for

at least five (5) years; and (3) the request is in

writing, states one or more of the grounds for

reduction of the debarment period or

termination of the debarment, and includes

supporting documentation. Upon receiving an

appropriate request, the Contractor Hearing

Board will provide notice of the hearing on the

request. At the hearing, the Contractor

Hearing Board shall conduct a hearing where

evidence on the proposed reduction of

debarment period or termination of debarment

is presented. This hearing shall be conducted

and the request for review decided by the

Contractor Hearing Board pursuant to the

same procedures as for a debarment hearing.

27.04.05. The Contractor Hearing Board's proposed

decision shall contain a recommendation on

the request to reduce the period of debarment

or terminate the debarment. The Contractor

Hearing Board shall present its proposed

decision and recommendation to the Board of

9Altadena Lease Agreement 48724Amendment 4

imposed; (2) a bona fide change in ownership

or management; (3) material evidencediscovered after debarment was imposed; or

(4) any other reason that is in the best interests

of the County.

27.04.04. The Contractor Hearing Board wil consider a

request for review of a debarment

determination only where (1) the Lessee has

been debarred for a period longer than five (5)

years; (2) the debarment has been in effect for

at least five (5) years; and (3) the request is in

writing, states one or more of the grounds for

reduction of the debarment period or

termination of the debarment, and includes

supporting documentation. Upon receiving an

appropriate request, the Contractor Hearing

Board will provide notice of the hearing on the

request. At the hearing, the Contractor

Hearing Board shall conduct a hearing where

evidence on the proposed reduction ofdebarment period or termination of debarment

is presented. This hearing shall be conducted

and the request for review decided by the

Contractor Hearing Board pursuant to the

same procedures as for a debarment hearing.

27.04.05. The Contractor Hearing Board's proposed

decision shall contain a recommendation on

the request to reduce the period of debarment

or terminate the debarment. The Contractor

Hearing Board shall present its proposed

decision and recommendation to the Board of

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Supervisors. The Board of Supervisors shall

have the right to modify, deny, or adopt the

proposed decision and recommendation of the

Contractor Hearing Board.

27.05 Contractors of Lessee

These terms shall also apply to contractors of Lessee.".

6. NO PAYMENT FOR SERVICES PROVIDED

EXPIRATIONrrERMINATION OF LEASE AGREEMENT

6.01 A new Section 28, entitled No Payment for Services Provided Following

Expiration/Termination of Lease Agreement is added to the Lease

Agreement and shall read as follows:

"28. NO PAYMENT FOR SERVICES PROVIDED FOLLOWING

EXPIRATIONrrERMINATION OF LEASE AGREEMENT

FOLLOWING

28.01The Lessee shall have no claim against County for payment

of any money or reimbursement, of any kind whatsoever, for

any service provided by the Lessee after the expiration or

other termination of this Lease Agreement. Should the

Lessee receive any such payment it shall immediately notify

County and shall immediately repay all such funds to

County. Payment by County for services rendered after

expiration/termination of this Lease Agreement shall not

constitute a waiver of County's right to recover such

payment from the Lessee. This provision shall survive the

expiration or other termination of this Lease Agreement."

Altadena Lease Agreement 48724Amendment 4

10

Supervisors. The Board of Supervisors shall

have the right to modify, deny, or adopt the

proposed decision and recommendation of the

Contractor Hearing Board.

27.05 Contractors of Lessee

These terms shall also apply to contractors of Lessee.".

6. NO PAYMENT FOR SERVICES PROVIDEDEXPIRATIONrrERMINATION OF LEASE AGREEMENT

6.01 A new Section 28, entitled No Payment for Services Provided Followina

Expiration/Termination of Lease Aareement is added to the Lease

Agreement and shall read as follows:

"28. NO PAYMENT FOR SERVICES PROVIDED FOLLOWING

EXPIRATIONrrERMINATION OF LEASE AGREEMENT

FOLLOWING

28.01 The Lessee shall have no claim against County for payment

of any money or reimbursement, of any kind whatsoever, for

any service provided by the Lessee after the expiration or

other termination of this Lease Agreement. Should the

Lessee receive any such payment it shall immediately notify

County and shall immediately repay all such funds to

County. Payment by County for services rendered after

expiration/termination of this Lease Agreement shall not

constitute a waiver of County's right to recover suchpayment from the Lessee. This provision shall survive the

expiration or other termination of this Lease Agreement."

Altadena Lease Agreement 48724Amendment 4 10

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7. COMPLIANCE WITH THE COUNTY'S JURY SERVICE PROGRAM

7.01 A new Section 29, entitled Compliance with the County's JUry Service

Program is added to the Lease Agreement and shall read as follows:

"29. COMPLIANCE WITH THE COUNTY'S JURY SERVICE

PROGRAM

29.01 Jury Service Program

This Lease Agreement is subject to the provisions of the

County's ordinance entitled Jury Service Ordinance ("Jury

Service Program") as codified in Sections 2.203.010 through

2.203.090 of the Los Angeles County Code, a copy of which

is attached as Exhibit 3 and incorporated by reference into

and made a part of this Lease Agreement.

29.02 Written Employee Jury Service Policy

Unless the Lessee has demonstrated to the County's

satisfaction either that the Lessee is not a "Contractor" as

defined under the Jury Service Program (Section 2.203.020

of the County Code) or that the Lessee qualifies for an

exception to the Jury Service Program (Section 2.203.070 of

the County Code), the Lessee shall have and adhere to a

written policy that provides that its Employees shall receive

from the Lessee, on an annual basis, no less than five days

of regular pay for actual jury service. The policy may provide

that Employees deposit any fees received for such jury

service with the Lessee or that the Lessee deduct from the

Employee's regular pay the fees received for jury service.

29.02.01 For purposes of this Sub-paragraph, "Lessee"

means a person, partnership, corporation or

other entity which has a Lease Agreement with

the County. "Employee" means any California

resident who is a full-time employee of the

Altadena Lease Agreement 48724Amendment 4

11

7. COMPLIANCE WITH THE COUNTY'S JURY SERVICE PROGRAM

7.01 A new Section 29, entitled Compliance with the County's JUry Service

ProQram is added to the Lease Agreement and shall read as follows:

"29. COMPLIANCE WITH THE COUNTY'S JURY SERVICE

PROGRAM

29.01 Jury Service Program

This Lease Agreement is subject to the provisions of the

County's ordinance entitled Jury Service Ordinance ("Jury

Service Program") as codified in Sections 2.203.010 through

2.203.090 of the Los Angeles County Code, a copy of which

is attached as Exhibit 3 and incorporated by reference into

and made a part of this Lease Agreement.

29.02 Written Employee Jury Service Policy

Unless the Lessee has demonstrated to the County's

satisfaction either that the Lessee is not a "Contractor" as

defined under the Jury Service Program (Section 2.203.020

of the County Code) or that the Lessee qualifies for an

exception to the Jury Service Program (Section 2.203.070 of

the County Code), the Lessee shall have and adhere to a

written policy that provides that its Employees shall receive

from the Lessee, on an annual basis, no less than five days

of regular pay for actual jury service. The policy may provide

that Employees deposit any fees received for such jury

service with the Lessee or that the Lessee deduct from the

Employee's regular pay the fees received for jury service.

29.02.01 For purposes of this Sub-paragraph, "Lessee"

means a person, partnership, corporation or

other entity which has a Lease Agreement with

the County. "Employee" means any California

resident who is a full-time employee of the

Altadena Lease Agreement 48724Amendment 4

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Altadena Lease Agreement 48724Amendment 4

Lessee. "Full-time" means 40 hours or more

worked per week, or a lesser number of hours

if: 1) the lesser number is a recognized

industry standard as determined by the

County, or 2) Lessee has a long-standing

practice that defines the lesser number of

hours as full-time. Full-time employees

providing short-term, temporary services of 90

days or less within a 12-month period are not

considered full-time for purposes of the Jury

Service Program. If the Lessee uses any

contractor to perform services for the County

under the Lease Agreement, the contractor

shall also be subject to the provisions of this

Sub-paragraph. The provisions of this Sub-

paragraph shall be inserted into any such

contractor agreement and a copy of the Jury

Service Program shall be attached to theagreement.

29.03 If the Lessee is not required to comply with the Jury

Service Program when the Lease Agreement

commences, the Lessee shall have a continuing

obligation to review the applicability of its "exception

status" from the Jury Service Program, and the

Lessee shall immediately notify the County if the

Lessee at any time either comes within the Jury

Service Program's definition of "Contractor" or if the

Lessee no longer qualifies for an exception to the Jury

Service Program. In either event, the Lessee shall

immediately implement a written policy consistent with

the Jury Service Program. The County may also

12Altadena Lease Agreement 48724Amendment 4

Lessee. "Full-time" means 40 hours or more

worked per week, or a lesser number of hours

if: 1) the lesser number is a recognized

industry standard as determined by theCounty, or 2) Lessee has a long-standing

practice that defines the lesser number of

hours as full-time. Full-time employees

providing short-term, temporary services of 90

days or less within a 12-month period are not

considered full-time for purposes of the Jury

Service Program. If the Lessee uses anycontractor to perform services for the County

under the Lease Agreement, the contractor

shall also be subject to the provisions of this

Sub-paragraph. The provisions of this Sub-

paragraph shall be inserted into any suchcontractor agreement and a copy of the Jury

Service Program shall be attached to the

agreement.

29.03 If the Lessee is not required to comply with the Jury

Service Program when the Lease Agreement

commences, the Lessee shall have a continuing

obligation to review the applicability of its "exception

status" from the Jury Service Program, and theLessee shall immediately notify the County if the

Lessee at any time either comes within the Jury

Service Program's definition of "Contractor" or if the

Lessee no longer qualiies for an exception to the Jury

Service Program. In either event, the Lessee shall

immediately implement a written policy consistent with

the Jury Service Program. The County may also

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require, at any time during the Lease Agreement and

at its sole discretion, that the Lessee demonstrate to

the County's satisfaction that the Lessee either

continues to remain outside of the Jury Service

Program's definition of "Contractor" and/or that the

Lessee continues to qualify for an exception to the

Program.

29.04 Lessee's violation of this Sub-paragraph of the Lease

Agreement may constitute a material breach of the

Lease Agreement. In the event of such material

breach, County may, in its sole discretion, terminate

the Lease Agreement and/or bar the Lessee from the

award of future County Lease Agreements for a

period of time consistent with the seriousness of the

breach."

8. LESSEE'S ACKNOWLEDGEMENT OF COUNTY'S COMMITMENT TO THE

SAFELY SURRENDERED BABY LAW

8.01 A new Section 30, entitled Lessee's Acknowledgement of County's

Commitment to the Safely Surrendered Baby Law is added to the Lease

Agreement and shall read as follows:

"30. LESSEE'S ACKNOWLEDGEMENT OF COUNTY'S

COMMITMENT TO THE SAFELY SURRENDERED BABY LAW

30.01 The Lessee acknowledges that theCounty places a high

priority on the implementation of the Safely Surrendered

Baby Law. The Lessee understands that it is the County's

policy to encourage all County Lessees to voluntarily post

the County's "Safely Surrendered Baby Law" poster in a

prominent position at the Lessee's place of business. The

Lessee will also encourage its contractors, if any, to post this

poster in a prominent position in the Contractor's place of

Altadena Lease Agreement 48724Amendment 4

13

require, at any time during the Lease Agreement and

at its sole discretion, that the Lessee demonstrate to

the County's satisfaction that the Lessee eithercontinues to remain outside of the Jury Service

Program's definition of "Contractor" and/or that the

Lessee continues to qualify for an exception to the

Program.

29.04 Lessee's violation of this Sub-paragraph of the Lease

Agreement may constitute a material breach of the

Lease Agreement. In the event of such material

breach, County may, in its sole discretion, terminate

the Lease Agreement and/or bar the Lessee from the

award of future County Lease Agreements for aperiod of time consistent with the seriousness of the

breach."

8. LESSEE'S ACKNOWLEDGEMENT OF COUNTY'S COMMITMENT TO THE

SAFELY SURRENDERED BABY LAW

8.01 A new Section 30, entitled Lessee's Acknowledaement of County's

Commitment to the Safely Surrendered Baby Law is added to the Lease

Agreement and shall read as follows:

"30. LESSEE'S ACKNOWLEDGEMENT OF COUNTY'SCOMMITMENT TO THE SAFELY SURRENDERED BABY LAW

30.01 The Lessee acknowledges that the. County places a high

priority on the implementation of the Safely Surrendered

Baby Law. The Lessee understands that it is the County's

policy to encourage all County Lessees to voluntarily post

the County's "Safely Surrendered Baby Law" poster in a

prominent position at the Lessee's place of business. The

Lessee will also encourage its contractors, if any, to post this

poster in a prominent position in the Contractor's place of

Altadena Lease Agreement 48724Amendment 4

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9. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED

BABY LAW

9.01 A new Section 31, entitled Notice to Employees Regarding the Safely

Surrendered Baby Law is added to the Lease Agreement and shall read

as follows:

"31. NOTICE TO EMPLOYEES REGARDING THE SAFELY

SURRENDERED BABY LAW

31.01 The Lessee shall notify and provide to its employees, and

shall require each Contractor to notify and provide to its

employees, a fact sheet regarding the Safely Surrendered

Baby Law, its implementation in Los Angeles County, and

where and how to safely surrender a baby. The fact sheet is

set forth in Exhibit 4 of this Lease Agreement and is also

available on the Internet at www.babysafela.org for printing

purposes."

10. NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME

CREDIT

10.01 A new Section 32, entitled Notice to Employees Regarding the Federal

Earned Income Credit is added and shall read as follows:

"32. NOTICE TO EMPLOYEES REGARDING THE FEDERAL

EARNED INCOME CREDIT

32.01 Lessee shall notify its employees, and shall require each

subcontractor to notify its employees, that they may be

Altadena Lease Agreement 48724Amendment 4

14

9. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED

BABY LAW

9.01 A new Section 31, entitled Notice to Employees Reoardino the Safely

Surrendered Baby Law is added to the Lease Agreement and shall read

as follows:

"31. NOTICE TO EMPLOYEES REGARDING THE SAFELY

SURRENDERED BABY LAW

31.01 The Lessee shall notify and provide to its employees, and

shall require each Contractor to notify and provide to its

employees, a fact sheet regarding the Safely Surrendered

Baby Law, its implementation in Los Angeles County, and

where and how to safely surrender a baby. The fact sheet is

set forth in Exhibit 4 of this Lease Agreement and is also

available on the Internet at www.babYsafela.oro for printing

purposes."

10. NOTICE TO EMPLOYEES REGARDING THE FEDERAL EARNED INCOME

CREDIT

10.01 A new Section 32, entitled Notice to Employees Reoardino the Federal

Earned Income Credit is added and shall read as follows:

"32. NOTICE TO EMPLOYEES REGARDING THE FEDERAL

EARNED INCOME CREDIT

32.01 Lessee shall notify its employees, and shall require each

subcontractor to notify its employees, that they may be

Altadena Lease Agreement 48724Amendment 4 14

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eligible for the federal Earned Income Credit under the

federal income tax laws. Such notice shall be provided in

accordance with the requirements set forth in Internal

Revenue Service Notice 1015."

11. CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS AGREEMENT

11.01 A new Section 33, entitled Contract Enforcement and Amendments to this

Agreement is added and shall read as follows:

"33. CONTRACT ENFORCEMENT AND AMENDMENTS TO THISAGREEMENT

33.01 The Director shall be responsible for the enforcement of this

Agreement on behalf of County and shall be assisted therein

by those officers and employees of County having duties in

connection with the administration thereof.

33.02 Any officers and/or authorized employees of County may

enter upon the demised premises at any and all reasonable

times for the purpose of determining whether or not the

Lessee is complying with the terms and conditions hereof, or

for any other purpose incidental to the rights of County within

demised premises.

33.03 In the event either party commences legal proceedings for

the enforcement of this Agreement, the prevailing party

shall be entitled to recover its attorney's fees and costs

incurred in the action brought thereon.

33.04 This document may be modified only by further written

agreement between the parties. Any such modification shall

not be effective unless and until executed by Lessee and in

the case of the County, unless otherwise specifically

authorized hereinbefore, until executed by the Chair of its

Board of Supervisors."

Altadena Lease Agreement 48724Amendment 4

15

eligible for the federal Earned Income Credit under the

federal income tax laws. Such notice shall be provided in

accordance with the requirements set forth in Internal

Revenue Service Notice 1015."

11. CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS AGREEMENT

11 .01 A new Section 33, entitled Contract Enforcement and Amendments to this

Agreement is added and shall read as follows:

"33. CONTRACT ENFORCEMENT AND AMENDMENTS TO THIS

AGREEMENT

33.01 The Director shall be responsible for the enforcement of this

Agreement on behalf of County and shall be assisted therein

by those officers and employees of County having duties in

connection with the administration thereof.

33.02 Any officers and/or authorized employees of County may

enter upon the demised premises at any and all reasonable

times for the purpose of determining whether or nöt the

Lessee is complying with the terms and conditions hereof, or

for any other purpose incidental to the rights of County within

demised premises.

33.03 In the event either part commences legal proceedings for

the enforcement of this Agreement, the prevailing party

shall be entitled to recover its attorney's fees and costs

incurred in the action brought thereon.

33.04 This document may be modified only by further written

agreement between the parties. Any such modification shall

not be effective unless and until executed by Lessee and in

the case of the County, unless otherwise specifically

authorized hereinbefore, until executed by the Chair of its

Board of Supervisors."

Altadena Lease Agreement 48724Amendment 4

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12. RECYCLED BOND PAPER

12.01 A new Section 34, entitled Recycled Bond Paper is added and shall read

as follows:

"34. RECYCLED BOND PAPER

34.01 Consistent with the Board of Supervisors' policy to reduce the

amount of solid waste deposited at County landfills, the Lessee

agrees to use recycled-content paper to the maximum extentpossible on the Agreement."

13. COMPLIANCE WITH THE COUNTY'S SMOKING BAN ORDINANCE

13.01 A new Section 35, entitled Compliance with the County's Smoking Ban

Ordinance is added to the Lease Agreement and shall read as follows:

"35. COMPLIANCE WITH THE COUNTY'S SMOKING BANORDINANCE

35.01 Smoking Ban Ordinance

This Lease Agreement is subject to the provisions of the

County's ordinance entitled Los Angeles County Code Title

17, Parks, Beaches, and Other Public Places, prohibiting

smoking at County Parks ("Smoking Ban Ordinance") as

codified in Sections 17.04.185 through 17.04.650 of the Los

Angeles County Code, a copy of which is attached as Exhibit

5 and incorporated by reference into and made a part of this

Lease Agreement.

14. ENTIRE AGREEMENT

14.01 Due to the addition of new lease provisions, the section in the Lease

Agreement entitled Entire Agreement is renumbered as Section 28.

Altadena Lease Agreement 48724Amendment 4 16

12. RECYCLED BOND PAPER

12.01 A new Section 34, entitled Recycled Bond Paper is added and shall read

as follows:

"34. RECYCLED BOND PAPER

34.01 Consistent with the Board of Supervisors' policy to reduce the

amount of solid waste deposited at County landfills, the Lessee

agrees to use recycled-content paper to the maximum extent

possible on the Agreement."

13. COMPLIANCE WITH THE COUNTY'S SMOKING BAN ORDINANCE

13.01 A new Section 35, entitled Compliance with the County's Smokina Ban

Ordinance is added to the Lease Agreement and shall read as follows:

"35. COMPLIANCE WITH THE COUNTY'S SMOKING BAN

ORDINANCE

35.01 Smoking Ban Ordinance

This Lease Agreement is subject to the provisions of the

County's ordinance entitled Los Angeles County Code Title

17, Parks, Beaches, and Other Public Places, prohibiting

smoking at County Parks ("Smoking Ban Ordinance") as

codified in Sections 17.04.185 through 17.04.650 of the Los

Angeles County Code, a copy of which is attached as Exhibit

5 and incorporated by reference into and made a part of this

Lease Agreement.

14. ENTIRE AGREEMENT

14.01 Due to the addition of new lease provisions, the section in the Lease

Agreement entitled Entire Agreement is renumbered as Section 28.

Altadena Lease Agreement 48724Amendment 4 16

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15. RATIFICATION

15.01 All other terms, conditions, covenants and promises of the Lease not

affected by the provisions of the Amendment shall remain in full force and

effect and are hereby reaffirmed.

16. EFFECTIVE DATE

15.01 The effective date of the Amendment shall be the day and year first above

written.

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Altadena Lease Agreement 48724Amendment 4

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15. RATIFICATION

15.01 All other terms, conditions, covenants and promises of the Lease not

affected by the provisions of the Amendment shall remain in full force and

effect and are hereby reaffirmed.

16. EFFECTIVE DATE

15.01 The effective date of the Amendment shall be the day and year first above

written.

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Altadena Lease Agreement 48724Amendment 4 17

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Exhibit 1

RENT ADJUSTMENT

The current rent paid percentages under the terms of the lease are as follows:

MINIMUM RENT $178,500

PERCENTAGE RENTMerchandise 4%Food and Beverage 7%Liquor 10%Range 15%Carts 20%Green Fees 20%FacilityRental 20%Equipment Rental 4%

TRUST FUND 15%

The amended monthly rent payment due to the County shall be Sixteen Thousand NineHundred Five Dollars and No Cents ($16,905.00) monthly as described below, except asamended in Sections 2 and 3 of lease amendment 4.

EatonCanyon Comments

Base Rent$430,281

$1,169,843$1,600,124

$20,781Past Due Rent

$1,169,843($22,938)

($430,281)$716,624$13,030

Monthly Rent Due$10,390$6,515$16,905

Rent Paid Dec. '03 to May '05 & Dec '05 to Mar. '06 (22 months)Rent Past Due, June to Nov '05 & April '06 to April '10 (55 mo.)Total RentAdjusted Monthly Rent (Average) 77 months

Rent Past DueLate Fees - creditRent Paid - creditAdjusted Rent Past DueAdjusted Monthly Rent (Average) 55 months

50% of Base Rent50% of Past Due Rent (56 months to end of term)Monthly Rent Due

Exhibit 1

RENT ADJUSTMENT

The current rent paid percentages under the terms of the lease are as follows:

MINIMUM RENT $178,500

PERCENTAGE RENT

Merchandise 4%

Food and Beverage 7%

Liquor 10%

Range 15%

Carts 20%

Green Fees 20%

Facilty Rental 20%

Equipment Rental 4%

TRUST FUND 15%

The amended monthly rent payment due to the County shall be Sixteen Thousand NineHundred Five Dollars and No Cents ($16,905.00) monthly as described below, except asamended in Sections 2 and 3 of lease amendment 4.

EatonCanyon

Base Rent

$430,281$1.169.843$1,600,124

$20,781Past Due Rent

$1,169,843($22,938)

($430.281 )

$716,624$13,030

Monthlv Rent Due$10,390

$6.515$16,905

Comments

Rent Paid Dec. '03 to May '05 & Dec '05 to Mar. '06 (22 months)Rent Past Due. June to Nov '05 & April '06 to April '10 (55 mo.)Total RentAdjusted Monthly Rent (Average) 77 months

Rent Past DueLate Fees - creditRent Paid - creditAdjusted Rent Past DueAdjusted Monthly Rent (Average) 55 months

50% of Base Rent50% of Past Due Rent (56 months to end of term)Monthly Rent Due

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Los Angeles County Department of Parks and RecreationGOLF COURSE GREEN FEE RATES

Effective May 1, 2010

Regulation 9 Holes Current

WeekdaysTwilight

Senior CitizenSuper TwilightJunior

Weekends & Holidays

TwilightSuper Twilight

Junior

$14.5011.259.006.753.75$18.2513.758.505.00

$15.2512.009.757.503.75

$19.0014.509.255.00

Replay

Weekdays

Senior Citizen

Junior

Weekends & HolidaysJunior

Los Angeles County Department of Parks and RecreationGOLF COURSE GREEN FEE RA TES

Effective May 1, 2010

Regulation 9 Holes

WeekdaysTwilight

Senior Citizen

Super Twilight

Junior

Weekends & Holidays

Twilight

Super Twilight

Junior

Replay

Weekdays

Senior Citizen

Junior

Weekends & Holidavs

Junior

EXHIBIT 2

(~;j)-.G.C.I.F.

$14.50

11.25

9.00

6.75

3.75

$18.25

13.75

8.50

5.00

Current

$15.2512.009.757.503.75

$19.0014.509.255.00

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EXHIBIT 3

JURY SERVICE ORDINANCE

2.203.010 Findings.

The board of supervisors makes the following findings. The· county of LosAngeles allows its permanent, full-time employees unlimited jury service at theirregular pay. Unfortunately, many businesses do not offer or are reducing or eveneliminating compensation to employees who serve on juries. This creates apotential financial hardship for employees who do not receive their pay whencalled to jury service, and those employees often seek to be excused fromhaving to serve. Although changes in the court rules make it more difficult toexcuse a potential juror on grounds of financial hardship, potential jurors continueto be excused on this basis, especially from longer trials. This reduces thenumber of potential jurors and increases the burden on those employers, such asthe county of Los Angeles, who pay their permanent, full-time employees whileon juror duty. For these reasons, the county of Los Angeles has determined thatit is appropriate to require that the businesses with which the county contractspossess reasonable jury service policies. (Ord. 2002-0015 § 1 (part), 2002)

2.203.020 Definitions.

The following definitions shall be applicable to this chapter:

A. "Contractor" means a person, partnership, corporation or other entitywhich has a contract with the county or a subcontract. with a countycontractor and has received or will receive an aggregate sum of $50,000or more in any 12-month period under one or more such contracts orsubcontracts.

B. "Employee" means any California resident who is a full-time employee of acontractor under the laws of California.

C. "Contract" means any agreement to provide goods to, or perform servicesfor or on behalf of, the county but does not include:

1. A contract where the board finds that special circumstances exist thatjustify a waiver of the requirements of this chapter; or

2. A contract where federal or state law or a condition of a federal orstate program mandates the use of a particular contractor; or

3. A purchase made through a state or federal contract; or

EXHIBIT 3

JURY SERVICE ORDINANCE

2.203.010 Findings.

The board of supervisors makes the following findings. The. county of LosAngeles allows its permanent, full-time employees unlimited jury service at theirregular pay. Unfortunately, many businesses do not offer or are reducing or eveneliminating compensation to employees who serve on juries. This creates apotential financial hardship for employees who do not receive their pay whencalled to jury service, and those employees often seek to be excused fromhaving to serve. Although changes in the court rules make it more difficult toexcuse a potential juror on grounds of financial hardship, potential jurors continueto be excused on this basis, especially from longer trials. This reduces thenumber of potential jurors and increases the burden on those employers, such asthe county of Los Angeles, who pay their permanent, full-time employees whileon juror duty. For these reasons, the county of Los Angeles has determined thatit is appropriate to require that the businesses with which the county contractspossess reasonable jury service policies. (Ord. 2002-0015 § 1 (part), 2002)

2.203.020 Definitions.

The following definitions shall be applicable to this chapter:

A. "Contractor" means a person, partnership, corporation or other entitywhich has a contract with the county or a subcontract. with a county

contractor and has received or wil receive an aggregate sum of $50,000or more in any 12-month period under one or more such contracts orsubcontracts.

B. "Employee" means any California resident who is a full-time employee of acontractor under the laws of California.

C. "Contract" means any agreement to provide goods to, or perform services

for or on behalf of, the county but does not include:

1 . A contract where the board finds that special circumstances exist that

justify a waiver of the requirements of this chapter; or

2. A contract where federal or state law or a condition of a federal orstate program mandates the use of a particular contractor; or

3. A purchase made through a state or federal contract; or

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4. A monopoly purchase that is exclusive and proprietary to a specificmanufacturer, distributor, or reseller, and must match and inter-member with existing supplies, equipment or systems maintained bythe county pursuant to the Los Angeles County Purchasing Policyand Procedures Manual, Section P-3700 or a successor provision; or

5. A revolving fund (petty cash) purchase pursuant to the Los AngelesCounty Fiscal Manual, Section 4.4.0 or a successor provision; or

6. A purchase card purchase pursuant to the Los Angeles CountyPurchasing Policy and Procedures Manual, Section P-2810 or asuccessor provision; or

7. A non-agreement purchase with a value of less than $5,000 pursuantto the Los Angeles County Purchasing Policy and ProceduresManual, Section A-0300 or a successor provision; or

8. A bona fide emergency purchase pursuant to the Los AngelesCounty Purchasing Policy and Procedures Manual, Section PP-1100or a successor provision.

D. "Full time" means 40 hours or more worked per week, or a lesser numberof hours if:

1. The lesser number is a recognized industry standard as determinedby the chief administrative officer, or

2. The contractor has a long-standing practice that defines the lessernumber of hours as full time.

E. "County" means the county of Los Angeles or any public entities for whichthe board of supervisors is the governing body. (Ord. 2002-0040 § 1,2002: Ord. 2002-0015 § 1 (part), 2002)

2.203.030 Applicability.

This chapter shall apply to contractors who enter into contracts that commenceafter July 11, 2002. This chapter shall also apply to contractors with existingcontracts which are extended into option years that commence after July 11,2002. Contracts that commence after May 28, 2002, but before July 11, 2002,shall be subject to the provisions of this chapter only if the solicitations for suchcontracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2,2002:Ord. 2002-0015 § 1 (part), 2002)

4. A monopoly purchase that is exclusive and proprietary to a specificmanufacturer, distributor, or reseller, and must match and inter-member with existing supplies, equipment or systems maintained bythe county pursuant to the Los Angeles County Purchasing Policy

and Procedures Manual, Section P-3700 or a successor provision; or

5. A revolving fund (petty cash) purchase pursuant to the Los Angeles

County Fiscal Manual, Section 4.4.0 or a successor provision; or

6. A purchase card purchase pursuant to the Los Angeles CountyPurchasing Policy and Procedures Manual, Section P-2810 or asuccessor provision; or

7. A non-agreement purchase with a value of less than $5,000 pursuantto the Los Angeles County Purchasing Policy and ProceduresManual, Section A-0300 or a successor provision; or

8. A bona fide emergency purchase pursuant to the Los AngelesCounty Purchasing Policy and Procedures Manual, Section PP-11 00

or a successor provision.

D. "Full time" means 40 hours or more worked per week, or a lesser number

of hours if:

1. The lesser number is a recognized industry standard as determined

by the chief administrative officer, or

2. The contractor has a long-standing practice that defines the lessernumber of hours as full time.

E. "County" means the county of Los Angeles or any public entities for whichthe board of supervisors is the governing body. (Ord. 2002-0040 § 1,2002: Ord. 2002-0015 § 1 (part), 2002)

2.203.030 Applicabilty.

This chapter shall apply to contractors who enter into contracts that commenceafter July 11, 2002. This chapter shall also apply to contractors with existing

contracts which are extended into option years that commence after July 11,2002. Contracts that commence after May 28, 2002, but before July 11, 2002,shall be subject to the provisions of this chapter only if the solicitations for suchcontracts stated that the chapter would be applicable. (Ord. 2002-0040 § 2,2002:Ord. 2002-0015 § 1 (part), 2002)

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2.203.040 Contractor Jury Service Policy.

A contractor shall have and adhere to a written policy that provides that itsemployees shall receive from the contractor, on an annual basis, no less thanfive days of regular pay for actual jury service. The policy may provide thatemployees deposit any fees received for such jury service with the contractor orthat the contractor deduct from the employees' regular pay the fees received forjury service. (Ord. 2002-0015 § 1 (part), 2002)

2.203.050 Other Provisions.

A. Administration. The chief administrative officer shall be responsible for theadministration of this chapter. The chief administrative officer may, withthe advice of county counsel, issue interpretations of the provisions of thischapter and shall issue written instructions on the implementation andongoing administration of this chapter. Such instructions may provide forthe delegation of functions to other county departments.

B. Compliance Certification. At the time of seeking a contract, a contractorshall certify to the county that it has and adheres to a policy consistentwith this chapter or will have and adhere to such a policy prior to award ofthe contract. (Ord. 2002-0015 § 1 (part), 2002)

2.203.060 Enforcement and Remedies.

For a contractor's violation of any provision of this chapter, the countydepartment head responsible for administering the contract may do one or moreof the following:

1. Recommend to the board of supervisors the termination of the contract;and/or,

2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002)

2.203.070. Exceptions.

A. Other Laws. This chapter shall not be interpreted or applied to anycontractor or to any employee in a manner inconsistent with the laws ofthe United States or California.

B. Collective Bargaining Agreements. This chapter shall be superseded by acollective bargaining agreement that expressly so provides.

C. Small Business. This chapter shall not be applied to any contractor thatmeets all of the following:

2.203.040 Contractor Jury Service Policy.

A contractor shall have and adhere to a written policy that provides that itsemployees shall receive from the contractor, on an annual basis, no less thanfive days of regular pay for actual jury service. The policy may provide thatemployees deposit any fees received for such jury service with the contractor orthat the contractor deduct from the employees' regular pay the fees received forjury service. (Ord. 2002-0015 § 1 (part), 2002)

2.203.050 Other Provisions.

A. Administration. The chief administrative officer shall be responsible for theadministration of this chapter. The chief administrative offcer may, withthe advice of county counsel, issue interpretations of the provisions of thischapter and shall issue written instructions on the implementation andongoing administration of this chapter. Such instructions may provide forthe delegation of functions to other county departments.

B. Compliance Certification. At the time of seeking a contract, a contractorshall certify to the county that it has and adheres to a policy consistentwith this chapter or will have and adhere to such a policy prior to award ofthe contract. (Ord. 2002-0015 § 1 (part), 2002)

2.203.060 Enforcement and Remedies.

For a contractor's violation of any provision of this chapter, the countydepartment head responsible for administering the contract may do one or moreof the following:

1. Recommend to the board of supervisors the termination of the contract;and/or,

2. Pursuant to chapter 2.202, seek the debarment of the contractor. (Ord. 2002-0015 § 1 (part), 2002)

2.203.070. Exceptions.

A. Other Laws. This chapter shall not be interpreted or applied to anycontractor or to any employee in a manner inconsistent with the laws ofthe United States or California.

B. Collective Bargaining Agreements. This chapter shall be superseded by a

collective bargaining agreement that expressly so provides.

C. Small Business. This chapter shall not be applied to any contractor thatmeets all of the following:

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1. Has ten or fewer employees during the contract period; and,

2. Has annual gross revenues in the preceding twelve months which, ifadded to the annual amount of the contract awarded, are less than$500,000; and,

3. Is not an affiliate or subsidiary of a business dominant in its field ofoperation.

"Dominant in its field of operation" means having more than ten employees andannual gross revenues in the preceding twelve months which, if added to theannual amount of the contract awarded, exceed $500,000.

"Affiliate or subsidiary of a business dominant in its field of operation" means abusiness which is at least 20 percent owned by a business dominant in its field ofoperation, or by partners, officers, directors, majority stockholders, or theirequivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1(part), 2002)

2.203.090. Severability.

If any provision of this chapter is found invalid by a court of competentjurisdiction, the remaining provisions shall remain in full force and effect. (Ord.2002-0015 § 1 (part), 2002)

1. Has ten or fewer employees during the contract period; and,

2. Has annual gross revenues in the preceding twelve months which, ifadded to the annual amount of the contract awarded, are less than$500,000; and,

3. Is not an affiliate or subsidiary of a business dominant in its field of

operation.

"Dominant in its field of operation" means having more than ten employees andannual gross revenues in the preceding twelve months which, if added to theannual amount of the contract awarded, exceed $500,000.

"Affiliate or subsidiary of a business dominant in its field of operation" means abusiness which is at least 20 percent owned by a business dominant in its field ofoperation, or by partners, offcers, directors, majority stockholders, or theirequivalent, of a business dominant in that field of operation. (Ord. 2002-0015 § 1(part), 2002)

2.203.090. Severability.

If any provision of this chapter is found invalid by a court of competentjurisdiction, the remaining provisions shall remain in full force and effect. (Ord.2002-0015 § 1 (part), 2002)

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EXHIBIT 4

Page 1 of 4

EXHIBIT 4

Page 1 of 4

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What is the Safmy Surrendel'Qdl Baby Law?Califomia·s Safely Surreooered Baby Law allowa parents to giveup their baby confidentially. As loog aatha baby has not beenabused Cf" neglected, parents may give up their nlmba"n wilhool:fear of arrest Dr prosecution.

How does it work?A distressed parent who is unable a unWilling to care fa- a babycan legally. confidentially and safely gve up a babywtti n threedays of tirth. The baby must be handed to an erq::4oyeeat a LoaAngeles Goonty emergency room a fire station. As lorg as thectildshowa nDsgns dabuse a negect. 00 name aalherinfDrmati:m isreqJired. In case the parent changes hisahar mind at a later dateBOO wants the bal:tf badt, workars will use blBceleta to help connectthem to eadl othS". One bracaletwlll:e place:! on the baby, and arnatding bracelat wil be gven to the parent

What if a parent wants tha baby book?Parents who d1ange their minds can beg n the J:roCSBB ofreclaiming their newboms willi n14 dS)'lil. These parents shouldcall the Loa Arq!les Goonty Cepartment of Ctildren and FamilySeNces at 1-800-540.4000.

Can only a param: bring in the baby'?In roost caaes, a parent will bring in ths baby. The law allowaother people to bring in the baby if they have legal custody.

l)oQs tha paRmt have to caU b@farebringing in th9 babi?No. A parent can bri rg in a baby anytime, 24 hours a day; 7 daysa week eo lorg aa the parent gives h baby to someone whoworks atthe hospital afire station.

Does a parant have to 1911anything to th9 peopletaking the baby?No. However, hoopital personnel will ask ths parent to fill out aquestionnaire designed to gather imports nt medical tiata-yinformBlioo, whir:tl ia very useful in caring fa-lhe child. Althoughencouraged, filling out the questionnaire is not required.

What happens to the baby?The baby wll be examined aoo given medk:al treatment, if needed.Then the bal:tfwil be placed in a precsdcpive horne.

What happens to the paJ'4mt?O1ce the pnnt(s) has BBfelytumed overthe blby; they are free to s;p.

Why is C~ifornia doing this?The PIJfDEiIBoftha Safely SLlTBndelEdBaby Law is to p-otsd: baJjeafrom bairgabanooned by1heirparents and p:tenliallybeirg hurterkiled. 'fou may havehaard tragi: abies of babies left in dum!Elerser pubic bathrooms. Tha parentswho oorrrnitted these alia mayhave been under BeverBem:Jliooal diBiress. The mothers may hevetidden thar pragnanaes, fearful of what\\Wld happEfl if theirfElTliiesfound out Because theywere aflBid and had nowhere totum for help, thay !bandoned their i rfarts. Abandcning a baby putsthe dlikl in extreme dargsr. It is BIro Ilegal. Too dl:en, it resuts inthe habya deeth. B9cauae of the Safety Surrendered Baby Law, thistragedy d:Esn't El't'llrhays to happen in California l!gei n.

A baby's storyAt 8:30 am. on Thursday, July 25, 2002, a healthy neMlom babywee broug-t to St Bemaltline MetdicalCentS" in San Bernard nouriderthe po'lisions d'the California Safely Surrendared Baby Law.As the law statES,the blb/s moths" ad net have to identify herself.When the babywas broLQi to the emergen::y room, hewasexanined by a pe:!iatriaan, who determine:! that the babywaahaalthy and oong fi ne. Ii3 was ~aoed with a lmi ng femily wtile thaadop1ionprocESSwas started.

Every baby deserves a chance for ahealthy life. If someone you know is

considering abandoning a newborn, lether know there are other options.

It is best that women seek help to receive proper medical care and counseling wl7ilethey are pregnant. But at tile same time, we want to assure parents who choose

not to keep their baby that they will not go to jail if they deliver timir babies to safehands in any Los Angeles County hospital fERor fire station.

Page 2 of 4

Wh is the Samy SuQndel' Baby LaGslifmia.s Safely Surreooere Baby Law allOW parent to giveup their baby confdentally. As loog aathe baby has not beenabuse Cf neglectd, parents may give up their mmlxm wiloofear of alTst Dr prosecuton.

How doe it work'A distssed parent who ia unable a- unWillrg to care fa a babycan lelly, confdentally and safly gve up a babywtti n three

days of tirt. The baby must be handed to an erqoy at a LoAies Gont emeency rom a- fire ston. As lorg as thectildshOW nD sK,ll d abuse a- neect 00 name Cf a1er inf.oon is

reired. In case the parent charga his a- har mirx at a late dae

BOO want the batt bai:, workrs will use blBcele to help connect

them to eadi oIa-. One braæletwlll: place: on the baby, and amatdng brae1at wil be gven to the parent

What if a pare want th ba bok?Parent who i: rg their minds can be n the ¡;æ ofredaimirg their newoms wi n14 dS). These parent shooldcall the Lo Arqæ Gonty D:paf"nt of Clldren and FamilySer.c8s at 1-800-0.000.

Can on a param brng in th baIn m:st caBí, a parentwilbrrg in th baby. Th law allOW

oter people to bring in the baby if they have legl cusly.

() th9 paRm ha to can b§e briging fr th baNo. A parent can ti rg in a baby anylll, 24 hoora a day; 7 daysa Ylek eo lorg aa the parent giyes h baby to someone whowcs at the hopital a- fire stion.

Doe a paran have to 1911 anng to th peo

taklig 1h baNo. Hower, hiipitl perBnne wil aak th parent to fill out aquestonnaire designed to gather import nt medical tiaLainfaloo, whii: is very useful in caring falh child. Altough

eninrage, fillng out the quesonnaire is no reuire.

What happns to ti ba?The baby wll be examined aoo given medk:al treament, if need.Then the battwil be placed in a prediive horn.

Wh happe to thQ panmOice the piints) has iilytums ovrthe bi:~ they are fr to ¡¡

Why is C~ifnia dong this?The plJ oftl Say SLlndelE Baby Law is to ¡:atd: baliesfroni beirgabanoone by1hirparenl and p:ntiallybeing hurterkiled. '(00 may havehaaid tri: abes of babie lef in d.m¡Ers

er pubic bathroms. Th parent wh ooit the alÌ mayhave ben under seve em:ooal distss. The moters may have

tidden thei" piananåes. faarfl of wht\\ld happE if theirfi:iiee fond out Because they wee aflBid and had nomare to

tum tor help, lIay ibndone their i rfrts. Abarxcnirg a bi:pul1t diikl in eima darg. It is aao Ilegal. Too dtn, it reiJ1i inthe Iiby"s deet. Beaise of the Safty Surrdere Baby Law, this

1rdy d:n' E!'tr hays to happen in Gsliria i:ii n.

À babys storyAt 8:30 am. on Thursy, July 25, 20. a healty ne babywa broUi 10 St Bemardine Meical Cent in San Beard I'

uriderthe po'lsions d'the Caliria Safly Surrdere Baby Law.As the law stES, thE! bibs moa- dd ne have to idy herslf.When the babywas broiQ to the emeign: rom, he wasexaninad by a pe:iabaan, wO detrmine: that the bi:waa

haalty arx oong fi ne. Ii was ~aoe wi a lmi rg family wtle theadop1in proESS was strld.

Ever baby deservs a chance for ahealthy life. If someone you know Is

considering abandoning a neborn, let

her know ther are other opions.

It is best that women seek help to receive proper medica! car and counseling wlÛlethey are pregnant. But at tiie .s time, we want to assure parents who choose

not to keep their baby that they wil not go to jail if they deliver tlJeir babies to safehands in any Los Angeles County hospital fER or fire station.

Page 2 of 4

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Page 3 of 4Page 3 of 4

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"QIutlas fa ley de El'lltrega die B9hes Sin Pelligro1La Ley de Enlregs de Bebes Sin Pel~1D de California perrritea Ice pa:::lresenlregar a BUrecien neade oonfidancislmente.Eiiempre que el bebe 00 hays sufrido abuse ri negligencia,padres p.leden enlregar a BUrecien nacido sin temor a aarsrreslaOOs a processdOIS.

.!,COmo fmc:iom?EI pa:::lrelma:::lrecon dificultadlls que no puada 0 no qulara aJ~dsrda BUracien nsado p.lade anlregsoo en frona legal, OOnfideOOlai'Isegura, dertro de los 1resd iaa del nacimieniD: EI bebe dabe serantregB:io a un em~EliSdede una sale de emstgeooias 0de unaJarlal de b::mberoa del Goodado de Loe Arg:!leB. SiemFH queel t::.eb9 no presents aignOISde abuse 0 negligencia, no seraneCE!i8sriosurnlnlstrsr nombree ni infOOl1sa6n alguna. Si elpoore.ma:::ltacama de opinioo p::eterioonerte'j deees reaJperar .s au babe, lOIS1rebsjadores utilizeran brB2IIletee para poder";naJlsoos. EI bebe lIevarii un brmslBte y elpadre.moore recil:iriiun brmslBte igusl.

",Que pasa 5i gi padmimadm desea rncuperarasubeb9?loa padres CJ.Iecamen de opinion p.lsdsn srnpszar al proceEDderedamar a au racian ns::ido danlro de los 14 d faa. Ealosi pa:::l1l.!iBdaberiin lIamar aI Deparlamerto de Ser\'icios para Ninoe 'I Familias(Deparlmert of Childtan and Farril)' Sar\'ices) del Goodada de LosArgslea, aI1-800-.540-40DO.

£,SOlolos padres podran levaif' aI redQn nooiml1En la ma'jcf"fa de 1m caroB, lOISpa:::lrea50n los que II..van 81bebe. La ley permits que o1ree personae lIaven al babe Bi tienenla cuetodia legal del meoor .

.!,Los:p3ch!s dOOe.nllamar antes die IIevar al baM?No. EJpadre/madre puede lIever a au babe en cuelquiarm:mento, las 24 oores del dia, loa 7 diaa de la samans,mientras qua enlrague a au bebe sun empleado del h:tapitalo de un cuarlal da bombarCIS.

LIEsMC&Sario qUQ m padfQ/madil'e!dlga alga a laspersonas que Hlclbm ~ b8bQ?No. Sin embargo, al palliOnal del hospital Ie pedira que lIane unaJeetionario oon la finalida:::l de recebar antecedentes medioosim~sntes, que result an de gran utilidad para lOIScuidsdoB querecil:4rii el bebe. Es racomendsdo lIenar eate aJeslioosrio, perono es cbligatorio hacarlo.

tOlm ocurrira cm QI babe?EI t::.eb9 serii exarri nado 'f, de ser necseario, recibirii tratarrientomedioo. Luago el bebe sa enlregsrii a un hagar preadcp:im.

l-Qua pasara oon 91padratmadre?Una vez qua IDepadres haysn enlregado a BUbebe an fronaaagure, eariin IitrEliSde iree.

tPof qua ca.ifomia hace es101La fineldad de Ie Ley de Enlregs de 8ebes Sin Peligro espn:tegar a bs babss del sbsndQID per parla da BUS padres y de lapoeibilida:::lde qua mueran 0 auli"andanos. Uated prcbeblementehays aSaJchado tisloriss mgcBllrolre b!:bes abandoosdos enbaBUraros 0 an banos jilb1h:x:e. Ea p::Eible qua los pa:::lreequeoometielDn estoa aotos hayan estadostrswasando difiaJltooesemocionales graWlB. Las madras pueden haber ocultado suerrbarszo, pcrtemor a 10CJ.Iepeaaria lli BUllfamilias sa antsraran./!.bandona-on a BUSreasn nacidoe polque tenfan miedo 'I no tsnlanadoode raaJrrir para obtener syuda. EI abardom de un reciennaddo 10pone an una wacon de paige exirelTD. Adamas esi1egal. Mu'j a menudo al abandono PIDWC8 L:! rnuerts del b!:be.Mora, gaciea a L:! Ley de Enlrega de Bebes Sin Peligro, EEltatragadie )'a no debe BUceder nunca mea en Califomia.

Historia de un bebOA las B::30 a.m. del jua'llas 25 de julio de 2[102. ee en1rego unbabe recien nacido saludabla en al 50t 8amardine Medical Centeran San Bemsidino, enlrirtLrl de las dispoEicionee de Is Ley deEntrega da 8ebes Sin Paligro. COIID 10eslablece Ie ley,la madredel babe 00 se tuva que idantificsr. Gusndo al babe lIegfl a lasala de emergenaas, un pediatra 10relriao'j determina que eJbebe sataba saludable)' no tenia problamas. EI bebefueubicaOOcon una ooena familia, rriEfltras sa iniciaban be 1riImiteBde s:lq:x:on.

Cada r80t9n nacido tner&OQunaoportunidad de ten9f una vida ~udab'l9.

SIi~guian que ustod conooo asta pMsandoan abandonar a un rociM naoicio, infmmele

'lull! otras opokmes fiene.

Es mejor que las mujeres busquen ayuda Pf6B recibir atencIDn f"f'iBdlca y asesoram~t1'to adecuadoch.NanJeeI ernbarazo. Pam af mrsmo tiBrnpo, qLfelBnl0S asegumr8es a las padres que optan por noquedarse con su bene que no /hln. a la.oon::el sl dejan a sus bebes en buenas rnsnos ell cualqulet"sara de emetI/encia de un hospital 0 en un cuarreJ de bomberos del Condado de Los Angeles.

Page 4 of 4

¿Oi as fa le de Elre di B9és Sin Pellgro1

La Ley de Enlgs de Bebes Sin Pel~io de Califia perrtea Ice paires enlr a. BU reciën necide oonfdenåslmenLe.

Siem¡:e que el bebè 00 hays aufdo abu50 ri negligencia.padrea ¡:eden enlrr a BU raciên nacido sin teor a Bersrr&taOs a presadCl.

¿Cómo fmioEI pairemaire con dilcultdiis que no pueds 0 no quisni aJ~dar

ds BU raièn nscido ¡:sde snlgaoo en fra legal. OOnfn:laI 'I

seura, dertro de IDS 1rs d ras del nacimienl EI bebë debe serentgB: a un em~E!de de una. sala de emergn:ias 0 de unaJarll de b:li del Gidado de Los Argles. SiemFß queel t: no presenl signCl de abui; 0 negligencia, no se

neaesrio sumini&trar n:bres ni infcmsción alguna. Si elpoore.maiia cama de opinièr p:rioorte'j dæes reaJperar .

s su bebe, ICI 1rbajadores utilizrán brmle1es para poderi.naJlarls. EI bebè lIevarã un brmlst y elpadre.mære reil:rãun brmlst igual.

¿Que paa 5i 9( padmimadm des rnerna SiU beè?Læ padres a.e camen de opiniôn ¡:eden emper 81 proceED de

redamar a su reian næi denl de los 14 d faa. Eslo pai1ldeben lIamar ai Deparlmert de Sericios para NiñoB y Familias(Deparlrt of Childian aii Farrl)' Serices) del Gidad de LoeArges. aI1-80()-40DO.

¿SóI los padre podrá levai ai redé nomi1En la ma'jcf"a de 101 caros, ICI paires 50n los que lIevsn 81

bebe. La ley psrmil que o1re peonae lIeven 81 bebe ai tienenla cuetdia legal del meoor.

¿Los: pach!s dO llama anes di IIva al ba?No. EI padre/madre puede lIever a su babe an cualquierm:anto, las 24 ooras del dia, loa 7 dias de la semana,misntras que enlsgua a su babe sun empleado del h:pil:l

o de un cuarll de bombsn:.

¿Es n9Cêrio qUQ ie pafQman diga alg a laspênas que nibm ~ b8bNo. Sin embargo, al paÆOnal dal hoapi1slle peirá qua Ilene unaJE!onario oon la finalidai de recsbar antceents mêdiooimFDants, que result an de gran utilidad para ICI cuidadoe quereål:rã el bebe. Es reomeiiado lIansr eat aJasloosrio, peno ee obligatorio hacarlo.

¿Ol ocrrrá cm Ql bebé

EI t: sarã exarr nado 'f, de Bar neasari.o, reåbirã frtsrrent

mådioa. Luego 81 be sa enlgarã a un hagar preadcpiim.

¿QU9 pasará oo 91 paaldre?Una \fez que 105 padres haysn enlgado a BU bebå en foasegura. serãn Iitres de irae.

¿Po qU9 Qæifomia hace es101La final dad de Ie Ley de Enle de 8ebes Sin Peigro espnar a i: bebès del aban:ol' P: pm de BUS padree y de la

pobilidai de que lTenn 0 suln dsños. LIted ¡:ablemanthays eSaJchado tislas mgcBlrolre b!s absiiooados en

baBUreros 0 en bsnos ¡iblii:. Es p:ble qua los pairæ que

caetalOn est acts hayan arido a'lessndo dilaJltooesemoåonales graWis. Las madres pueden haber ocultdo suerrra, pctamor a 10 a.e pas8rïa iii BUS fàmiliae se enlraran.Abandona-on a BUS recièn naådæ porque tenran miedo y no tenianadoode reaJrrr para obtner s)1da. EI aben:ol' de un reåennacide 10 pol' en una i;acön de paige exim. Memas esilegal. Mu'j a menudo al ebandono PIOWC8 L: muerl del b!.

Ahtx. gacias a L: Ley de Enl de Bebés Sin Peigro. æl:tragedie )'a no debs BUceer nun: mãs en Califmia.

Histor de un beAlas B:30 s.m. del jue'ies 25 de julio de 2(102, ee enlgô unbabè reåen nscido ssludsble en el 5t 8emardine Medical Centeren San Bernardino. enlrrtLr de Iss dispoEicionee de la Ley de

Entga de 8ebåii Sin Paligro. Corr 10 e&tablece la ley,la madre

del bebé 00 ae 1u\\ que identilcar. Guaiio al bebè lIeg a laaale de emergenaas. un padislr 10 ralraò'j datina que ei

bebé eslba saludable)' no tenia problemas. EI bebefueubicaO con una ooena familia, rrertraa se iniciaban KiS 1rmitade s:q:ön.

Cada r80l9n nacid tnf8 una

opotunidad de tener una vid smudb'o.SI ~guian que ustod conooo ast pMsandan abandonar a un roién naido, inÓlmele

quQ ofras opokms tine.

Es mej que las muje busquen ayuda pf6B recfbir atencÁ1/l f'dìca y asesoranl~tlto adecuadochanJe el 00lDao. Pam al mismo tisrnpo, queæn!os aseg8es a las padres que optan por noquedare con su bebé que nO' ir. a la oon:el Sf dejan a sus bebés en bue.as manas eri cualquiet"sara de emeryencia de un hosptl 0 en un cualt de D.arærs del Condado de Los Angeles.

Page 4 of 4

Page 66: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

EXHIBIT 5

ORDINANCE NO. _

An ordinance amending Title - 17 Parks. Beaches and other Public Places. to

prohibit smoking in parks.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Section 17.04.035 is hereby added to read as follows:

17.04.035 Contract-operated facifities.

"Contract-operated facilities" means parks, which are operated, controlled, or

maintained, in whole or in part. pursuant to an agreement with a lessee, concessionaire,

operator, contractor, or vendor, for the purpose of providing recreational services to the

public.

SECTION 2. Section 17.04.185 is hereby added to read as follows:

17.04.185 Smoking.

"Smoke" or "smokinq" shall have the meaning as set forth in

Section 11.64.020(8) of this code.

SECTION 3. Section 17.04.650 is hereby added to read as follows:

17.04.650 Smoking Prohibited.

Smoking shall be prohibited at all parks, except:

1. Smoking shall be permitted by actors who are acting during apermltted

production or by models during a permitted photography session, unless otherwise

determined by the Director, in consultation with the applicable Fire Official; and

HOA633706.2

EXHIBIT 5

ORDINANCE NO.

An ordinance amending Title - 17 Parks. Beaches and oter Public Places, to

prohibit smoking in parks.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Section 17.04.035 is hereby added to read as follows:

17.04.035 Contract-ooerated facilties.

"Contract-operated facilties" means parks, which are operated, controlled, or

maintained, in whole or in part, pursuant to an agreement with a lessee, concessionaire,

operator, contractor, or vendor, for the purpose of providing recreational services to the

public.

SECTION 2. Section 17.04.185 is hereby added to read as follows:

17.04.185 Smoking.

"Smoke" or "smoking" shall have the meaning as set forth in

Section 11.64.020(8) of this code.

SECTION 3. Section 17.04.650 is hereby added to read as follows:

17.04.650 Smoking Prohibited.

Smoking shall be prohibited at all parks, except:

1. Smoking shall be permitted by actors who are acting during a.permitted

production or by models during a permitted photography session. unless otherwise

determined by the Director, in consultation with the applicable Fire Offcial; and

HOA.633706.2

Page 67: IN WITNESS WHEREOF, the parties have executed this ...file.lacounty.gov/SDSInter/bos/bc/146265...IN WITNESS WHEREOF, the parties have executed this Amendment No.4 to Lease Agreement

EXHIBIT 5 con't

2. Smoking shall be permitted within contract-operated facilities, in

designated areas, at the discretion of the Director. in consultation with the operators of

said facilities.

[1704035CSCC)

HOA633706.2 2

EXHIBIT 5 con't

2. Smoking shall be permitted within contract-operated facilties, in

designated areas, at the discretion of the Director. in consultation with the operators of

said facilties.

r1704035CSCC)

HOA633706.2 2