Ordinance 1936CITY OF ALAMEDA ORDINANCE NO. 1936
New Series
AUTHORIZING EXECUTION OF LEASE OF CERTAIN TIDE AND
SUBMERGED LANDS TO MARINA OPERATORS, INC., A
CALIFORNIA CORPORATION (BALLENA BAY)
WHEREAS, pursuant to Ordinance No. 1465 N.S., passed
June 3, 1964, the City granted to Bernhard & Associates an
exclusive license, right and privilege to certain salt marsh,
tide and submerged lands owned by the City for the purposes of
filling, improving, developing, operating and leasing said lands,
and on October 6, 1964, entered into an agreement with said
Bernhard & Associates therefor; and
WHEREAS, by its Resolution No. 7171, adopted July 18,
1967, the City consented to the assignment of said agreement
from Bernhard & Associates to Pan- Pacific Development Company,
a California corporation, in the manner provided for in Part III,
paragraph (i) of said agreement; and
WHEREAS, pursuant to Ordinance No. 1565 N.S., passed
March 6, 1968, the City approved the execution of an amendment
to said agreement, to be denominated "Master Lease," and on
April 17, 1968, executed said Master Lease with said Pan - Pacific
Development Company; and
WHEREAS, pursuant to Ordinance No. 1694 N.S., passed
June 19, 1973, the City approved the execution of an amendment
to said Master Lease for the purpose of amending the description
of the leased property, and on July 31, 1973, executed said
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amendment with Pan - Pacific Development Company; and
WHEREAS, pursuant to Ordinance No. 1909 N.S., passed
February 21, 1978, the City authorized the execution of an
Acknowledgment by Lessor, dated February u, 1978, acknowledg-
ing notice of and consenting to the assignment by Pan - Pacific
Development Company of all its right, title and interest in
and to said Master Lease to Marina Operators, Inc.; and
WHEREAS, the Master Lease was assigned to Marina
Operators, Inc, on March 24, 1978; and
WHEREAS, Marina Operators, Inc. has proposed to increase
its payments under the terms of said Master Lease by $14,000
per year to offset the loss of ad valorem revenue to the City
due to Proposition 13, passed by the people of the State of
California on June 6, 1978, and in return for such action have
requested the execution of a new lease for a term of twenty -
five (25) years commencing January 1, 1979, and for the right
of renewal of said lease for an additional term of twenty -five
(25) years commencing January 1, 2004; and
WHEREAS, the Council of the City of Alameda has considered
said matter and believes it to be to the best interests of said
City to cancel the existing lease and to enter into a new lease
with Marina Operators, Inc., and
WHEREAS, a form of lease, entitled Ballena Bay Lease,
containing the covenants and agreements to be agreed upon by and
between the City and Marina Operators, Inc., has been prepared
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and submitted to this Council and filed with the City Clerk, and
said Council is aware of and approves the contents thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF ALAMEDA that:
Section 1 . The form of lease referred to in the pre-
amble hereinabove, and the terms, conditions, covenants and
agreements contained therein be, and the same hereby are,
approved.
Section 2 . The Mayor of the City of Alameda be, and he
hereby is, authorized to execute, for and on behalf of the City
of Alameda, a lease of said lands to Marina Operators, Inc., a
California corporation, said Ballena Bay Lease to be substan-
tially in the form and containing the terms, conditions,
covenants and agreements set forth in said form of lease, and
the City Clerk is hereby directed to attest the same.
Section 3 . Upon the execution and delivery of said
Ballena Bay Lease and upon its effective date,to -wit, on the lst
day of January, 1979, that certain Master Lease between the City
of Alameda and Pan- Pacific Development Company dated April 17,
1968 and assigned to Marina Operators, Inc. on March 24, 1978
shall cease, terminate and be deemed canceled as of said date.
Section 4 . This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from
the date of its final passage.
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Attest: Pres fig Officer of the Council
o City Clerk
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I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of Alameda
in regular meeting assembled on the 19th day of September, 1978, by the
following vote, to wit:
AYES: Councilmen Beckam, Diament, Tillman, and President
Corica, (4).
NOES: None.
ABSTAINING: Councilman Sherratt, (1).
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th day of September, 1978.
City Clerk of the City of Alameda