Ordinance 3091CITY OF ALAMEDA ORDINANCE NO. 3091
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS
OF A SECOND LEASE AMENDMENT WITH MARGARET SU DBA
WONKY AND WONKY KITCHEN LLC EXTENDING THEIR CURRENT
LEASE FOR UP TO TWELVE MONTHS IN BUILDING 119 LOCATED
AT 151 WEST SEAPLANE LAGOON AT ALAMEDA POINT
WHEREAS, the City entered into the original lease agreement with Wonky and
Wonky Kitchen LLC for Building 119 in August 2012 and the initial term of the lease
was for one year; and
WHEREAS, the proposed lease amendment adds twelve months to the existing
agreement and will expire in December 2015; and
WHEREAS, Building 119 is approximately 4,700 square feet; and
WHEREAS, the tenant has made improvements to the building to accommodate
its commercial kitchen use; and
WHEREAS, the rent under the proposed lease amendment will be slightly
increased from one thousand seven hundred dollars ($1,700) monthly or $20,400
annually to two thousand dollars ($2,000) monthly or $24,000 annually; and
WHEREAS, the sole use for which the premises may be used by the tenant is for
commercial kitchen use for food production and packaging. Additionally, the tenant
may rent a portion of the premises up to a maximum of 1,600 square feet for
commercial kitchen use; and
WHEREAS, in addition to the base rent, the tenant has provided a $1,645 security
deposit, representing one month's rent under the previous agreement and the tenant
will comply with all other leasing requirements including providing insurance that is
satisfactory to the City.
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, subject to approval by the City Attorney, (A) to execute, for and on behalf
of the City of Alameda, a lease with Margaret Su dba Wonky and Wonky Kitchen LLC
for twelve months in a portion of Building 119, located at 151 W. Atlantic Avenue at
Alameda Point; (B) to negotiate and execute amendments, revisions or addendums
which do not materially change the lease terms, including but not limited to rent and
term, and which are required to implement the intent of the lease; and (C) to
negotiate and execute corresponding documents necessary to implement the terms
of the lease 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, for any reason, is 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.
Attest:
Lara Weisiger, Clerk
residing Officer of he City Council
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 1st day of April, 2014, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, 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 2nd day of April, 2014.
Lara Weisiger, Clerk
City of Alameda