Ordinance 3056CITY OF ALAMEDA ORDINANCE NO. 3056
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS
OF THE LEASE WITH FACTION BREWING COMPANY LLC FOR FIVE
YEARS WITH TWO FIVE -YEAR OPTIONS IN A PORTION OF BUILDING
22 AT ALAMEDA POINT, 2501 MONARCH STREET
WHEREAS, Faction Brewing Company LLC is a new tenant at Alameda Point
in a portion of Building 22; and
WHEREAS, Building 22 will be developed into a production brewery, taproom
for tasting, and on -site sales center; and
WHEREAS, Building 22 is a large high bay hangar with office space located
on the second floor; and
WHEREAS, Faction Brewing will occupy approximately 35,000 square feet
(roughly half of the building); and
WHEREAS, Faction Brewing intends on producing 8,000 barrels a year with a
series of five different beers, which include Pale Ale, IPA, Red, Pilsner and Stout;
and
WHEREAS, The base rent over the five years is $12,025 monthly for years
one and two with rent commencing in month four when occupancy , begins,
$12,350 monthly for year three, $12,675 monthly for year four, and $13,000
monthly for year five; and
WHEREAS, The tenant will be required to provide a security deposit equal to
one month of rent ($12,025) and the lease contains the standard insurance,
indemnity, assignment and termination clauses the ARRA required in its leases
and compliant with the Lease in Furtherance of Conveyance (LIFOC).
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that by four affirmative votes that:
Section 1. The City Manager of the City of Alameda or his designee is hereby
authorized to negotiate, execute, for and on behalf of the City of Alameda, a
lease with Faction Brewing Company LLC for a portion Building 22 located at
2501 Monarch Street at Alameda Point for five years, subject to such technical or
clarifying revisions as are reasonably determined necessary by the City Manager
and approved by the City Attorney, and the City Clerk is hereby authorized and
directed to attest to the same.
Section 2. If any section, subsection, sentence, clause or phrase of this
ordinance if, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. the City Council of the City of Alameda hereby declares that it would
have passed this ordinance, and each section, subsections, clause, or phrase
hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases are declared to be invalid and unconstitutional.
Section 3. 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.
Presiding Officer of the City Council
Attest:
Lara Weisiger, Cit/ 'Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by Council of the City of Alameda in regular
meeting assembled on the 2nd day of 2012, by the following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of October, 2012.
Lara Weisiger, t ity OIerk
City of Alameda-°