Ordinance 2683CITY OF ALAEDA ORDINANCE NO.
New Series
2683
APPROVING AMENDMENT TO LEASE AGREEMENT BETWEEN THE
ALAEDA UNIFIED SCHOOL DISTRICT , AS LESSOR, AND THE
CITY OF ALAEDA, AS LESSEE FOR PREMISES LOCATED AT
1525 BAY STREET USED AS MASTICK SENIOR CENTER
WHEREAS , on June 17 , 1980, by Ordinance No. 2014, a Lease
Agreement was entered between the Alameda Unified School District
as Lessor, and the City of Alameda , as Lessee , for the purpose of
operating the Mastick Senior Center located at 1525 Bay Street in
the City of Alameda for a period of twenty (20) years from the 1st
day of July, 1980; and
WHEREAS , it is now mutually desirable that the Lease
Agreement be extended to the 1st day of July, 2015; and
WHEREAS, since the State of California may fine school
districts for failing to use property for school purposes , the City
of Alameda and the AlaIDp.da Unified school District have agreed to
share any State imposed fine with the City's share not to exceed
$5,000.00; and
WHEREAS , on October 25 , 1994, the trustees of the Alameda
Unified School District voted unanimously to extend and amend the
Lease Agreement between the City of Alameda and the Alam da Unif iedSchool District; and
WHEREAS the execution of the Amendment to Lease
Agreement is deemed to be in the best interests of the City of
Alameda.
NOW , THEREFORE, BE IT ORDAINED by the City Council of the
ci ty of Alameda that:
section 1 That the Amendment to Lease Agreement, is
hereby approved and accepted.
section 2 . That the Mayor of the City of Alameda be, and
he is hereby authorized to execute, for and on behalf of the City
of Alameda , an Amendment to Lease Agreement substantially in the
form and containing the terms and conditions and covenants as set
out in the Amendment to Lease Agreement, attached hereto as Exhibit
A, and the City Clerk is hereby authorized and directed to attestto the same.
Section This ordinance s all be in full force and
effect from and after the expiration of thirty (30) s from the
date of its final passage.
Presiding Offic.er of the City Council
Attest:
Yf"//
ci y Clerk
AMENDMENT 1 to the Lease Agreement/Mastick Scool
BY THIS AMENDMENT ("Amendment 1") effece on , 1994, th Alameda
Unifid School District (hereafer "the Lessor") and the Cit of Alameda (hereafter ''te
Lessee ) hereby modify and amend the Le Agreement/Mas1ick School dated July 1
1980 (hereafer "te Leas"), as set fort below.
WHEREAS the Lessee desires to cxtffd the term of the Lese to enable the continued
use of the leased premises as a senkx cae facil and
WHEREAS the Lessor desires to have available to it, either the leased premises or real
estate equivalent in value to the leased premises and suitable as a subsute school SITe
for the leased premises. should the Lessor s Board of Education determine that an
additional or substitute school facilit is necessa or desirable to the Lessor s eductionalmission; and
WHEREAS the Lessee has agreed to actively pursue avaHable real estate of equivalent
value;
NOW, THEREFORE, for good and vaJuable coslderation, the recpt and suffency
which are hereby acknowledged, the Lessor and the Lessee aoree to modify and amendthe Lease as follows:
TERM
The term of the Lease is hereby extended to June 30,2015. Upon the writen agreement
of the paries , the term of the Lease may be extended beyond that date.
DUTIES OF THE LESSEE
Commencing on the effecve date of hi5 Amendment 1 , Lessee shall
make best effrt to locate, wiin the Cit of Alameda, real estte
equivalent In value to the leased premises! and accptable to
Disict as a substiute school site for the leased premises. Such real
estate shall include real estae presently owned by the Lessee or real
este owned by others that is or may be offred for sale. For
purposes of this Amendment 1 the value of such real esat shall be
determined based on it land value only, net of all buildings,
improvements, fixtures or personal propert located thereon.
Commencing on the effctve date of this Amendment 1 , the Cit
EXHIBIT A
Council of the Lessee, no less frequently than annually) during a
regulary noticed public meetg, shaJl make a report concerning the
progress of the Lessee in locang rea estate equivalent In value to
the leased premises and acceptable to the Disric as a substitue
schol site for the leased premises.
When real estae meeting the foregoing-criteria is located. the Lessee
shall promptly give writen noce to that effect to the Lessor.
Thereafter within 15 days of receipt of writen noice from the Lessor,
the Lessee shall obtin three apprasals of the said real estate frm
three Independent quaJrned appraisers. The cost of the three
appraisals shall be spilt equally by the Lessor and the Lessee. AI!
three appraisaJs shall b8 made available to both the Lessor and the
Lessee.
Concurrently with obtainIng the three aforementoned appraisals of
the said rea estate the Lessee shall obtin. from th same three
independent quaified appraisers, three indeendent appraisals of the
Masck Schoor. The cost of th appraisals of the Mastick School
shail be split equally between the Lessor and the Lessee. All three
appraisas shall be made available to both the Lessor and the
Lessee.
DUllES OF THE LESSOR
Wlhrn 60 days of the receipt of three writen appraisals of any real
estae located by the Le'3ee as provied by thiS Amendment 1 and
of three writen appraisals of the Masck School by the same thee
appraisers, the Lessor's Board of Educaon shall cosider the
exchange of the !easd premIses for the rea este located by the
Lessee, subject to applicale law and such terms and coditions as
may be mutually agreed to by the Lessor and Lesse. Such
consideration shall in no way obngate the Lessor to a propert
exchane.
For purposes of the Board of EducatiOn consideration, the value of
the substite propert offered by the Lessee and that cfthe Masck
School shall be that eslished by th middle of the three appraisals
of each obtned by the Lessee. The Board of Educaon shall have
no obllQatlon to consIder an exchange If the vaiue of the substMe
proprt offered by the Lessee is less than 80% of the then current
value of the leased premises. as eslished by a current appraisar
obtained by the Lesor. If the vaue of the substitute propert is
greater than 80% but less than 100 of the then current value of the
leasd premises, the Board of Education may condIton an exchange
upon payment to the Lessor by the Lessee of the monetary
dfferenc in the tw appraised values.
EINES OR ASSESSMENTS
The Lessor and Lessee shall split evenly the cost of any fine or assessment levied against
the Lessor relating to the leased premises. The LeS5ei S liabilty under this secton shan
not exceed $5,00.
lNCORPORATlON OF OTHER TERMS OF THE LEASE
Except as may be inconsistent with the provsions of this Amendment 1, all provisions of
the Lease shall remain in effct
CITY OF ALAMEDA
Form
CITY ATTORNEY
RECOMMNDED FOR APPROVAL:
(2t!)
Assistant City Manager
the undersigned , hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City
Alameda in regular meeting assembled on the 6th day of
December 1994 by the following vote to wit:
AYES:Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Wi throw - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
off icial seal of said City this 7th day of December , 1994.
,!C fJ. ItJ/Diane B. Felsoh , City Clerk
City of Alameda