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2004-01-13 ARRA packetAGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority Alameda City Hall Council Chamber, Room 391 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. Public Comment on Agenda Items Only. Tuesday, January 13, 2004 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. Anyone wishing to address the Board on agenda items only, may speak for a maximum of 3 minutes per item. 3. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 3-A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy, and Alameda Point Collaborative Price and Terms Announcement of Action Taken in Closed Session, if any. 4. CONSENT CALENDAR None. 5. REGULAR AGENDA TTEMS 5-A. Recommendation to adopt ARRA Rules and Regulations regarding Alameda Point commercial tenants. 6. ORAL REPORTS 6 -A. oral Report from the APAC. 6 -B. Oral Report from the Executive Director (non- discussion items). ARRA Agenda — January 13, 2004 Page 2 7. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 8. COMMUNICATIONS FROM THE GOVERNING BODY 9. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITII REAL PROPERTY NEGOTIATOR: 9 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy, and Alameda Point Community Partners Price and Terms Announcement of Action Taken in Closed Session, if any. 10. ADJOURNMENT This meeting will be cablecast live on channel 15. The next regular ARRA meeting is scheduled for Wednesday, February 4, 2004. Notes: Please contact ARRA Secretary, Emily Parodi at 749 -5800 or 522 -7538 at least 72 hours prior to the meeting to request agenda materials in an alternative format, or any other reasonable accommodation that may be necessary to participate in and enjoy the benefits of the meeting. • Sign language interpreters will be available on request. Please contact Emily Parodi, ARRA Secretary, or Development Services at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. City of Alameda Inter - office Memorandum January 7, 2004 To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: James M. Flint Executive Director 5 -A Re: Recommendation to Adopt ARRA Rules and Regulations Regarding Alameda Point Commercial Tenants Background Due to delays in conveying ownership of the property and improvements at Alameda Point to the Alameda Reuse and Redevelopment Authority (ARRA), in June 2000 the Department of the Navy executed a Lease in Furtherance of Conveyance (LIFOC) with the ARRA. The LIFOC enables the ARRA to sublease the various facilities at Alameda Point for purposes as set forth in the Community Reuse Plan. The ARRA has entered into numerous subleases, the terms of which require subtenants to be in compliance with not only the terms of the sublease, but by reference certain rules and regulations as may be adopted by the ARRA. The ARRA retained the right to make such reasonable rules and regulations as in its reasonable judgment may from time to time be necessary for the safety, appearance, care and cleanliness of the subleased premises. Such rules are not to unreasonably interfere with the operations of subtenants who otherwise comply with the terms of the sublease. Discussion The attached Rules and Regulations have been prepared for the consideration by the ARRA. The Rules and Regulations are intended to provide subtenants with specific policies regarding the manner in which both interior and exterior areas are maintained and secured and to notify subtenants of certain responsibilities regarding the daily operations of their businesses. The Rules and Regulations also clarify when and how tenants are to contact the ARRA related to on- going property management and maintenance issues. The Rules and Regulations are intended to be a standardized attachment to all commercial subleases entered into for Alameda Point facilities. Any previous versions will be superseded by the adoption of the attached Rules and Regulations. Dedicated to Excellence, Committed to Service Honorable Chair and Members January 7, 2004 of the Alameda Reuse and Redevelopment Authority Page 2 Fiscal Impact There is no fiscal impact to adopting the attached. Recommendation The Executive Director recommends that the ARRA Governing Board adopt the proposed ARRA Rules and Regulations regarding Alameda Point commercial tenants. Respectfully submitted, By: FB /EC:ep Attachment: Rules and Regulations aul Benaf Deputy Executive Director a. etk J, Cook Development Manager — Housing Dedicated to Excellence, Committed to Service G :\Comdev \Base Reuse& Re evp\ARRA\STAFFREP\ 20041 RulesandRegs ,OpenSession.O10704.doc Attachment RULES AND REGULATIONS 1. Landlord shall have the right to control and operate the public portions of the Building and the public facilities, as well as facilities furnished for the common use of the tenants, in such manner as it deems best for the benefit of the tenants generally. No tenant shall invite to the Premises, or permit the visit of, persons in such numbers or under such conditions as to interfere with the use and enjoyment of the entrances, corridors, elevators and facilities of the Building by other tenants. 2. Landlord reserves the right to close and keep locked all entrance and exit doors of the Building outside of normal business hours as Landlord may deem to be advisable for the protection of the property. Landlord may also require the provision of security systems or personnel to maintain security and safety within the Building. 3. Tenant shall not make any use of the Building or property which in any manner constitutes or results in any public or private nuisance within the meaning of California Civil Code Section 3479 et seq. 4. The entries, corridors, stairways and elevators shall not be obstructed by any tenant, or used for any other purpose than ingress or egress to and from its respective offices. 5. Freight, furniture, business equipment, merchandise and bulky matter of any description ordinarily shall be delivered to and removed from the demised Premises only in the designated freight elevator and through the service entrances and corridors, but special arrangements will be made for moving large quantities or heavy items of equipment and supplies into or out of the Building. 6. All entrance doors in the Premises shall be left locked when the Premises are not in use. 7. Tenant shall not attach or permit to be attached additional locks or similar devices to any door, transom or window of the Premises; change existing locks or the mechanism thereof; or make or permit to be made any keys for any door thereof other than those provided by Landlord, without providing to Landlord one set of keys therefore. 8. The drinking fountains, lavatories, water closets and urinals shall not be used for any purpose other than those for which they were installed. 9. No awnings or other projections over or around the windows or entrances of the Premises shall be installed by any tenant without the prior written consent of the Landlord. Attachment 10. Landlord is not responsible to any tenant for the non - observance or violation of the Rules and Regulations by any other tenant. 11. Landlord reserves the right by written notice to Tenant, to rescind, alter or waive any rule or regulation at any time prescribed for the Building when, in Landlord's reasonable judgrnent, it is necessary, desirable or proper for the best interest of the Building and its tenants. 12. The Tenant shall not exhibit, sell or offer for sale on the Premises or in the Building any article or thing except those articles and things essentially connected with the stated use of the Premises by the Tenant without the advance consent of the Landlord. 13. The Tenant shall cooperate fully with the Landlord to assure the effective operation of the Building's air conditioning system. If Tenant shall so use the Premises that noxious or objectionable fumes, vapors and odors exist beyond the extent to which they are discharged or eliminated by means of the flues and other devices contemplated by the various plans, specifications and leases, then Tenant shall provide proper ventilating equipment for the discharge of such excess fumes, vapors and odors so that they shall not enter into the air conditioning system or be discharged into other vents or flues of the Building or annoy any of the tenants of the Building or adjacent properties. The design, location and installation of such equipment shall be subject to Landlord's approval. 14. All loading and unloading of merchandise, supplies, materials, garbage and refuse shall be made only through such entryways and elevators and at such times as the Landlord shall designate. In its use of the loading areas in the basement, the Tenant shall not obstruct or permit the obstruction of said loading area and at no time shall park or allow its officers, agents or employees to park vehicles therein except for loading or unloading. 15. There shall not be used or kept anywhere in the Building by any tenant or persons or firms visiting or transacting business with a tenant any hand trucks, except those equipped with rubber tires and side guards. 16. No curtains, blinds, shades or screens shall be attached to or hung in, or used in connection with any window or door of the Premises without the prior written consent of the Landlord. 17. No sign, advertisement notice or other lettering shall be exhibited, inscribed, painted or affixed by Tenant on any part of the outside or inside of the Premises or of the Building, without the prior written consent of Landlord. In the event of any violation of the foregoing by Tenant, Landlord may remove same without any liability, and may charge the expense incurred by such removal to Tenant. 18. The sashes, sash doors, skylights, windows and doors that reflect or admit fight or air into the halls, passageways or other public places in the Building shall not be Attachment covered or obstructed by Tenant, nor shall any bottles, parcels, or other articles be placed on the window sills, or in the public portions of the Building. 19. Tenant shall not mark, paint, or drill into any part of the Premises or the Building without the prior written consent of the Landlord. No boring, cutting or stringing of wires shall be permitted, except with the prior written consent of Landlord, and as Landlord may direct. 20. No animal or bird of any kind shall be brought into or kept in or about the Premises or the Building without the prior written consent of the Landlord, but in no event in violation of the federal Fish & Wildlife Biological Opinion. 21. Tenant's contractors shall, while in the Building or elsewhere in the complex of which the Building forms a part, be subject to and under the control and direction of the Tenant. 22. If the Premises is or becomes infested with vermin as a result of the use or any misuse or neglect of the Premises by Tenant, its agents, servants, employees, contractors, visitors or licensees, Tenant shall forthwith at Tenant's expense cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such licensed exterminators as shall be approved in writing in advance by Landlord 23. Excepting bottled water utilized by Tenant, no water cooler, air conditioning unit or system or other apparatus shall be installed or used by Tenant without the written consent of Landlord. 24. Tenant shall install and maintain, at Tenant's sole cost and expense, an adequate visibly marked (at all times properly operational) fire extinguisher next to any duplicating or photocopying machine or similar heat producing equipment, which may or may not contain combustible material, in the Premises. 25. Tenant shall not use the name of the Building for any purpose other than as the address of the business to be conducted by Tenant in the Premises, nor shall Tenant use any picture of the Building in its advertising, stationery or in any other manner without the prior written permission of Landlord. Landlord expressly reserves the right at any time to change said name without in any manner being liable to Tenant therefor. Emily Pa odi [)evelopmein Servicc AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 391 2263 Santa Clara Avenue Alameda, CA 94501 . ROLL CALL 2. Public Comment on Agenda Items Only. Tuesday, January 13, 2004 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. Anyone wishing to address the Board on agenda items only, may speak for a maximum of 3 minutes per item. 3. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 3-A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, ..:. Navy, and Alameda Point Collaborative Price and Terms Announcement of Action Taken in Closed Session, if any. 4. CONSENT CALENDAR None. 5. REGULAR AGENDA ITEMS 5 -A. Recommendation to adopt ARRA Rules and Regulations regarding Alameda Point commercial tenants. 6. ORAL REPORTS 6 -A. Oral Report from the APAC. 6-B. Oral Report from the Executive Director (non- discussion items). City of Alameda Inter - office Memorandum January 7, 2004 To: Honorable Chair and Members of the Alameda Reuse and Redevelopment Authority From: James M. Flint Executive Director 5 -A Re: Recommendation to Adopt ARRA Rules and Regulations Regarding Alameda Point Commercial Tenants Background Due to delays in conveying ownership of the property and improvements at Alameda Point to the Alameda Reuse and Redevelopment Authority (ARRA), in June 2000 the Department of the Navy executed a Lease in Furtherance of Conveyance (LIFOC) with the ARRA. The LIFOC enables the ARRA to sublease the various facilities at Alameda Point for purposes as set forth in the Community Reuse Plan. The ARRA has entered into numerous subleases, the terms of which require subtenants to be in compliance with not only the terms of the sublease, but by reference certain rules and regulations as may be adopted by the ARRA. The ARRA retained the right to make such reasonable rules and regulations as in its reasonable judgment may from time to time be necessary for the safety, appearance, care and cleanliness of the subleased premises. Such rules are not to unreasonably interfere with the operations of subtenants who otherwise comply with the terms of the sublease. Discussion The attached Rules and Regulations have been prepared for the consideration by the ARRA. The Rules and Regulations are intended to provide subtenants with specific policies regarding the manner in which both interior and exterior areas are maintained and secured and to notify subtenants of certain responsibilities regarding the daily operations of their businesses. The Rules and Regulations also clarify when and how tenants are to contact the ARRA related to on- going property management and maintenance issues. The Rules and Regulations are intended to be a standardized attachment to all commercial subleases entered into for Alameda Point facilities. Any previous versions will be superseded by the adoption of the attached Rules and Regulations. Dedicated to Excellence, Committed to Service RULES AND GULATIONS Attachment 1. Landlord shall have the right to control and operate the public portions of the Building and the public facilities, as well as facilities furnished for the common use of the tenants, in such manner as it deems best for the benefit of the tenants generally. No tenant shall invite to the Premises, or permit the visit of, persons in such numbers or under such conditions as to interfere with the use and enjoyment of the entrances, corridors, elevators and facilities of the Building by other tenants. 2. Landlord reserves the right to close and keep locked all entrance and exit doors of the Building outside of normal business hours as Landlord may deem to be advisable for the protection of the property. Landlord may also require the provision of security systems or personnel to maintain security and safety within the Building. 3. Tenant shall not make any use of the Building or property which in any manner constitutes or results in any public or private nuisance within the meanin g of California Civil Code Section 3479 et seq. 4. The entries, corridors, stairways and elevators shall not be obstructed by any tenant, or used for any other purpose than ingress or egress to and from its respective offices. 5. Freight, furniture, business equipment, merchandise and bulky matter of any description ordinarily shall be delivered to and removed from the demised Premises only in the designated freight elevator and through the service entrances and corridors, but special arrangements will be made for moving large quantities or heavy items of equipment and supplies into or out of the Building. 6. All entrance doors in the Premises shall be left locked when the Premises are not in use. 7. Tenant shall not attach or permit to be attached additional locks or similar devices to any door, transom or window of the Premises; change existing locks or the mechanism thereof; or make or permit to be made any keys for any door thereof other than those provided by Landlord, without providing to Landlord one ` set of keys therefore. 8. The drinking fountains, lavatories, water closets and urinals shall not be used for any purpose other than those for which they were installed. 9. No awnings or other projections over or around the windows or entrances of the Premises shall be installed by any tenant without the prior written consent of the Landlord. Attachrnent covered or obstructed by Tenant, nor shall any bottles, parcels, or other articles be placed on the window sills, or in the public portions of the Building. 19. Tenant shall not mark, paint, or drill into any part of the Premises or the Building without the prior written consent of the Landlord. No boring, cutting or stringing of wires shall be permitted, except with the prior written consent of Landlord, and as Landlord may direct. 20. No animal or bird of any kind shall be brought into or kept in or about the Premises or the Building without the prior written consent of the Landlord, but in no event in violation of the federal Fish & Wildlife Biological Opinion. 21. Tenant's contractors shall, while in the Building or elsewhere in the complex of which the Building forms a part, be subject to and under the control and direction of the Tenant. 22. If the Premises is or becomes infested with vermin as a result of the use or any misuse or neglect of the Premises by Tenant, its agents, servants, employees, contractors, visitors or licensees, Tenant shall forthwith at Tenant's expense cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such licensed exterminators as shall be approved in writing in advance by Landlord 23. Excepting bottled water utilized by Tenant, no water cooler, air conditioning unit or system or other apparatus shall be installed or used by Tenant without the written consent of Landlord. 24. Tenant shall install and maintain, at Tenant's sole cost and expense, an adequate visibly marked (at all times properly operational) fire extinguisher next to any duplicating or photocopying machine or similar heat producing equipment, which may or may not contain combustible material, in the Premises. 25. Tenant shall not use the name of the Building for any purpose other than as the address of the business to be conducted by Tenant in the Premises, nor shall Tenant use any picture of the Building in its advertising, stationery or in any other manner without the prior written permission of Landlord. Landlord expressly reserves the right at any time to change said name without in any manner being liable to Tenant therefor.