Resolution 13186CITY OF ALAMEDA RESOLUTION NO. 1318 6
APPROVING AND AUTHORIZING A NONDIST•••••IJRBANCE AND
ATTORNMENT AGREEMENT BETWEEN THE CITY OF
ALAMEDA AND THE BAY SHIP & YACHT COMPANY
WHEREAS, the Bay Ship & Yacht Company subleases approximately 17.5 acres
of tidelands property commonly known as Assessors Parcel Number 074 - 891 -03 from Alameda
Gateway, Ltd; and
WHEREAS, Alameda Gateway Ltd., leases said tidelands property from the City of
Alameda; and
WHEREAS, the Bay Ship & Yacht Company is a valuable asset to the City of
Alameda and the Bay Area region as a whole; and
WHEREAS, the Bay Ship & Yacht Company seeks to have assurances that their
sublease will not be disturbed if the lease between the City of Alameda and Alameda Gateway Ltd.,
is terminated for any reason; and
WHEREAS, the such assurance is a requirement of the contemplated Agreement
between the City of Alameda, the Port of Oakland, Alameda Gateway and the Bay Ship & Yacht
Company resolving the controversy surrounding the ( -50) Oakland Harbor Navigation Improvement
Project; and
WHEREAS, the proposed Nondisturbance and Attomment Agreement between the
City of Alameda and the Bay Ship & Yacht Company provides such assurance.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda
that the City Manager of the City of Alameda, be and is hereby authorized to execute the Non
Disturbance and Attornment Agreement Between the Bay Ship and Yacht Company and the City
of Alameda in a form substantially similar to that Agreement Between the Bay Ship & Yacht
Company and the City of Alameda attached to the staff report from Matthew Naclerio, Public Works
Director, presented at the City Council meeting of February 15, 2000, for and on behalf of the City
of Alameda under the terms and conditions generally described in that Agreement.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled on
the 15th day of February 2000, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 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 16th day of February , 2000.
Diane Felsch, City Clerk
City of Alameda