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Ordinance 2821CITY OF ALAMEDA ORDINANCE NO. 2821 New Series APPROVING AND AUTHORIZING THE FOURTH AMENDMENT TO ALAMEDA GATEWAYTIDELANS LEASE TO INCLUDE EAST BAY MUNICIPAL UTILITY DISTRICT SANITARY SEWER EASEMENT FOR THE NAVAL AIR STATION ALAMEDA REPLACEMENT WASTEWATER "JTERCEPTOR SYSTEM PROJECT WHEREAS , at the October 17 , 1995 City Council meeting, by Ordinance No. 2710 the City Council approved the Third Amendment of Tidelands Lease with Alameda Gateway; and WHEREAS , the City of Alameda, East Bay Municipal Utility District (EBMU) and the Port of Oakland are preparing improvement plans and specifications to relocate the existing sewer serving Alameda Point; and WHEREAS , a portion of the relocated pipeline wil be installed across the City administered parcel (Tidelands Trust) presently leased to Alameda Gateway; and WHEREAS , it is in the best interests of the City of Alameda to amend the lease to include EBMU Sanitary Sewer Easement for the Naval Air Station Alameda Replacement Wastewater Interceptor System Project. WHEREAS , pursuant to City Charter section 3-, no real property of the City shall be leased for a period in excess of one year or sold , except upon the affirmation vote of four members of the City Council. NOW, THEREFORE , BE IT ORDAINED by the Council of the City of Alameda by four affrmative votes that: Section That the Fourth Amendment of Lease referred to in the memo from Matthew Naclerio , Public Works Director, dated November 29 , 1999 , presented at the City Council meeting of December 7 , 1999 , and the terms , conditions and covenants therein be , and the same are hereby approved. Section 2 . That the City Manager of the City of Alameda is hereby authorized to execute , for and on behalf ofthe City of Alameda, the Fourh Amendment to Lease substantially in the form and containing the terms and conditions and covenants as set out in the Fourth Amendment to Lease and the City Clerk is hereby authorized and directed to attest to the same. , c: Section 3 . This ordinance shall be in full force and effect from and after the expiration of thirty (30) days ITom the date of its final passage. Attest: $IL City Clerk ****** , 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 th e 21st day of December 1999 , by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and Mayor Appezzato - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNSS , WHREOF, I have hereunto set my hand and affxed the official seal of said City this 22nd day of December , 1999. Diane Felsch, City Clerk City of Alameda