Ordinance 2657CITY OF" ALAMEDA ORDINANCE NO.
New Series
2657
AUTHORIZING AMENDMENT TO THE BAY FAR ISLAND
RECREATION CENTER LEASE AGREEMENT BETWEEN THE
CITY OF ALAEDA AND BAY FAIRWAY, INC.
WHEREAS, on December 21 , 1982, by Ordinance No. 2117
the city of Alameda entered into a lease with Martin O'Toole for a
Ci ty of Alameda recreational facility located at the north-easterlycorner of the Chuck Corica Golf Complex on Island" Drive at
Doolittle Drive in the City of Alameda; and
WHEREAS , that lease was assigned on January 4 , 1984 , byMartin 0' Toole to Bay Fairway, Inc.; and
WHEREAS , on February 16 1984, by Ordinance No. 2176 , theci ty Council of the City of Alameda amended that lease; and
WHEREAS, it is now mutually desirable and in the publicinterest that said lease be amended to establish a park-ridefacili ty within the existing parking lot of the premises; and
WHEREAS , it is in the best interest of the City of
Alameda that said Amendment to Lease be entered into:
WHEREAS , the City Council of the City of Alameda has
determined that the park-ride facility is not a project under theCalifornia Environmental Act because this is an on-goingmaintenance activity.
NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ALAEDA that:
section 1 That the form of Lease amendment attachedhereto as Exhibit A and the terms condi tions and covenantscontained therein be, and the same are hereby approved.
Section 2 . That the Mayor of the City of Alameda be , andhe is hereby authorized to execute , for and on behalf of the City
of Alameda, an amendment to Lease substantially in the form and
containing the terms and conditions and covenants as set out in theAmendment to Lease referred to herein , and the City Clerk is hereby
. authorized and directed to attest to the same.
Section 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 t e Council
Attest:
Deputy City
AMENDMENT TO LEASE
THIS AMENDMENT TO THE LEASE AGREEMENT , made and entered into
this
ALAEDA
day of September,1993,by and between the CITY OF
municipal corporation,hereinafter referred
"Lessor, and BAY FAIRWAY INC. ,California co1poration,
hereinafter referred to as "Lessee
WHEREAS , on January 5 , 1983 , the City of Alameda entered into
a lease with Martin 0 Toole for a City of Alameda recreational
facility located at the north-easterly corner of the Chuck Corica
Golf Complex on Island Drive at Doolittle Drive in the City of
Alameda; and
WHEREAS , that lease was assigned on January 4 , 1984 by Martin
O'Toole to Bay Fairway, Inc.; and
WHEREAS, on February 16, 1984, that lease was amended; and
WHEREAS it is now mutually desirable and in the public
interest that said lease be amended as follows.
NOW , THEREFORE, Lessor and Lessee hereby agree that the above
referenced lease , as amended , is amended by amending the lease to
add a paragraph 17 to read as follows.
"17. Lessee shall permit Lessor to establish a park-n-ride
facili ty wi thin the existing parking lot of the premises.
This park-n-ride facility shall be limited to 50 parking
stalls. Use of the park-n-ride facility shall be limited to
the hours of between 6:00 a.m. and 7:00 p.Lessor shall
compensate Lessee for such use by:
1. Lessor shall provide street sweeper services on a bi-
monthly basis to sweep the entire parking lot.
sweeping services are to be provided.
No manual
Lessor presently provides landscape maintenance
t: Y.\-\
services,including irrigation system maintenance for
area B and C on Exhibit Lessor will expand these
landscape irrigation system ma intenance serv ices
include area A and area
Lessor presently cleans up around bus stop area and
will continue to do so.
Lessor shall also hold Lessee harmless from any actions arising
solely from use of the park-n-ride facility. Lessor shall also pay
for major maintenance items associated solely with the use
, of park-
ride facility.
In witness whereof,the parties hereto have caused this
amendment to be executed, the day and year first written
above.
LESSEE:
BAY FAIRWAY, INC.
a California corporation
LESSOR:
CITY OF ALAMEDA,
a municipal corporation
By:
A;;,r"/
By:
Date:Da te :
RECOMMENDED FOR APPROVAL:
Public Works Director
APPRQVED 1)S TO FORM:
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J:- jA
eity Atto rney
ATTEST :
City Clerk
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, the undersigned , hereby certify that the fo+egoing Ordinance was
duly and regularly adopted and passed by the council of the City of
Alameda in regular meeting assembled on the lst day ofFebruary, 1994 by the following vote to wit:
NOES:
Councilmembers Appezzato Arnerich Lucas, Roth
and President Withrow -
None.
AYES:
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 February , 1994.
Patr icia Calbreath , Deputy city Clerkci ty of Alameda