Ordinance 2758CITY OF ALEDA ORDINANCE NO.
New Series
2758
APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO
LEASE OF REAL PROPERTY BETWEEN CITY, AS LESSOR, AND
ALEDA SWIMMING POOL ASSOCIATION AS LESSEE, FOR
SWIMMING POOL FACILITIES AT LINCOLN AND FRAKLIN PARKS
WHEREAS, the City of Alameda and the Alameda Swimming
Pool Association, a non-profit corporation, previously entered into
lease of certain City owned properties, being portions of
Franklin Park and Lincoln Park and
Pool
same
WHEREAS, the City of Alameda and
Association now desire to enter into an
properties and
WHERE, the term of this amendmentten (10)years, expiring May 31, 2011; and
WHEREAS, the proposed lease amendmentsignificant effect on the environment, andstatutorily exempt under Section 15301 (e) (1)
(California Environmental Quality Act) Guidelines
does not have a
therefore,of the CEQA
and
WHEREA, a form of lease containing the covenants, terms
and conditions to be entered into is on file in the office of the
City Clerk of the City of Alameda; and,
WHEREAS, pursuant to City Charter section 3 -10, no real
property of the City shall be leased for a period in excess of one
year or sold, except upon the affirmative vote of four members of
the City Council.
NOW , THEREFORE,
of Alameda, and upon the
City Council that:
BE IT ORDAINED by the Council of the City
affirmative vote of four members of the
Section 1 The City Council of the City of Alameda
hereby approves and authorizes the City Manager to execute the
Amendment to Lease of Real Property between the City of Alameda, as
Lessor , and Alameda Swimming Pool Association, as Lessee, for
Swimming Pool Facilities at Lincoln and Franklin Parks I
substantially similar to the Amendment to Lease attached hereto as
Exhibit A and the City Clerk is hereby authorized and directed to
attest to the same.
Section 2 This ordinance shall be
effect from and after the expiration Q thirty
date of its final passage
in full force and
(30) days from the
At test:
Ci ty Clerk
AMENDMENT TO LEASE AGREEMENT
BETWEEN CITY OF ALM\DA AND
ALAMEDA SWIMMG POOL ASSOCIATION
This Amendment to the Lease Agreement of October 7 , 1991 ("Amendment") between
the CITY OF ALAMEDA , a muncipal corporation ("Lessor" or "City") and ALAMEDA
SWIMMG POOL ASSOCIATION , a non-profit corporation , duly organzed and existing
under the laws of the state of Californa ("Lessee ), is effective on the date of execution by theparies.
All terms and conditions of the Lease Agreement of October 7 , 1991 ("Lease
Agreement") remain in ful force and effect and the following terms and conditions are in
addition thereto:
Term
Lessee may renew the Lease Agreement for an additional ten-year term until May 31
2011 , if wrtten notice is given on or before March 1 2001. Upon receipt of timely wrtten
notice of renewal , the renta amount and inurance provisions shall be renegotiated.
Life Guard Trag
Lessee shall provide at least one lifegud present at all times the pools are in use by the
membership. Lifeguds must hold the equivalent of a Red Cross advanced life saving certificate
or Y.A. senior lifesavig certficate , includig the trg and abilty to admster fist aid
including CPR, in compliance with Health & Safety Code sections 116028 , 116045. Ths
requiement may be satisfied by member volunteer lifeguds.
Water Use
Lessee shall reimburse Lessor for its usage of City water as determed by City as shown
by water meter or by a monthy estimate of water use. Lessor shall bil Lessee for its water usage
on a quaerly basis , and Lessee shall remit payment withn 10 days of receipt.
Anual Meetings
Lessee agrees that its Board of Directors shall hold a minimum of one meeting each year
with the presidents of Lincoln and Franin pools. The meetings shall be open to all members
with notice of the meeting schedule posted at the Lincoln and Franin pools a minimum of 21
days in advance of the meeting date.
Scheduling Committee
Lessee agrees to create a Scheduling Committee , composed as follows: one member
appointed by the Board of Directors, one Board member from each Franin and Lincoln pools
EXHIBIT A
one class representative , one senior swimmer , on Alagator representative, and one lap swimmer.
The Schedule Committee shall meet to develop an anual schedule for use of the facilities. The
schedule shall be completed not later than 30 days prior to the Spring Swi Session , and is
subject to approval by the ASP A Board of Directors.
Posting of Financial Statement.
Lessee agrees to post a copy of its anual income and expense report at both the Franin
and Lincoln pools for membership review.
Ths Amendment to Lease Agreement shall be deemed to be executed as of the day
199 .
ALAMDA SWIMMG POOL ASSOC.
a non-profit corporation
CITY OF ALAMDA
a muncipal corporation
;'1'resident
By:
Mayor
Attest:
City Clerk
Approved as to form:
BY:
'.
, City Attorney
I, the undersigned, hereby certify that the foregoing
Ordinance was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 5th
day of May , 1998, by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Lucas
and President Appezzato - 4.
NOES:Councilmember Kerr - 1.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF I I have hereunto set my hand and affixed the
official seal of said City this 6th day of May , 1998.
Dianci ty of Alameda