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Ordinance 2786CITY OF ALAMEDA ORDINANCE NO.2786 New Series APPROVING AND AUTHORIING THE EXECUTON OF A SUBLEASE BETWEN THE CITY OF ALAMEDA , AS SUBLESSOR AND DUNA V ANT OF CALIFORNIA , A CORPORATION AS SUBTENANT , FOR A PORTION OF BUILDING #2 AT THE ALAMEDA FACILITY OF THE FLEET INDUSTRIAL SUPPLY CENTER (FISC) WHREAS , the United States of America, acting by and though the Deparent of the Navy the Government"), has declared the Alameda Facility of the Fleet Industral Supply Center (FISC) surplus at the (former) Naval Air Station , Alameda; and WHEREAS, Section 67 of the Deparment of Defense Appropriations Act of 1996 , Public Law 104-106 , authorizes the Secreta of the Navy to transfer the FISC property to the City of Alameda at no or nominal consideration; a.nd WHREAS , on Februar 3 , 1998 , by Ordinance 2752 , conditioned upon prior conveyance of the propert to the City by the Secreta of the Navy, the City of Alameda approved a contract of sale for the FISC property from the City of Alameda to the Community Improvement Commission CIC"); and WHREAS , in the interim period prior to conveyance of the propert to the City of Alamed the Unite States of America, acting by and though the Deparent of the Navy ("the Governent" is authorized to lease portions of the FISC propert as the Secreta of the Navy determnes are available to the City of Alameda fof nominal consideration , pursuant to the provision of Public Law (, 102-484 , section 2834(b); and WHREAS , the Government, as Lessor and the City of Alameda, as Lessee , have proposed to enter into a Pre Lease for the norterly approximately 97.1 acres of the FISC propert, effective Januar 14, 1999; and WHEREAS , the City of Alameda has an immediate need to use the portions of the FISC property described in the Prime Lease , for uses which include subleasing property to sub-tenants; and WHEREAS , Dunavant of California has fied an application with the Alameda Reuse and Redevelopment Authority staff, acting for the City of Alameda in leasing the FISC property, for a sublease of approximately 174 000 square feet of the eastern portion of Building #2 for commercial storage if cotton bales; and WHEREAS , on November 23 , 1998, the City of Alameda Planning Board approved the Mitigated Negative Declaration and Mitigation Monitoring Plan for the Interim Lease Program for the former Fleet Industrial Supply Center (FISC) and approved the Interim Lease Program ("IS-96- 1 0); and WHEREAS , on November 23 , 1998 , the City of Alameda Planning Board granted the Alameda Reuse and Redevelopment Authority and Dunavant of California Use Permit UP-98-31 to allow storage of cotton bales in approximately 174 000 square feet of the eastern portion of Building #2 at the FISC property; and WHEREAS , pursuant to City Charer section 3-, 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 , BE IT ORDAINED by the Council of the City of Alameda and upon the affrmative vote of four members of the City Charter that: Section 1.The City Council of the City of Alameda hereby approves and authorizes the execution of the Sublease the City of Alameda , as sublessor and Dunavant of California , a Corporation , as Subtenant , for a portion of Building #2 the Alameda Facilty of the Fleet Industrial Supply Center (FISC). A copy of the Sublease is on file in the Office of the City Clerk. Section 2.The City Manager of dv" City I)f Alameda , be and is hereby thl)rized to execute for and on behalf of the City of Alameda , the Sublease , substantially in the form and containing the terms and conditions and covenants as set out in the Sublease , as copy of which is on fie in the Office of the City Clerk. Section 3.This ordinance shall be in full force and effect from and after the expirationof thirty (30) days from the date of its final passage. Attest: Ci y Clerk ****** , the undersigned , hereby certfy 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 15th day of December , 1998 , by the following vote to wit: AYES:Counci1mernbers Daysog, DeWitt , Johnson, Kerr and President Appezzato - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNSS , WHEREOF , I have hereunto set my hand and affxed the offcial seal of said City this 16th day of December 1998. Dl e Felsch , City Clerk City of Alameda