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Ordinance 2870CITY OF ALAMEDA ORDINANCE NO. 2870 New Series APPROVING AN AUTHORIZING A MUTIPLE SITE LEASE AGREEMENT BETWEEN THE CITY OF ALAMEDA AND AMERICAN TOWER CORPORATION FOR DEVELOPMENT AND OPERATION OF WIRELESS TELECOMMUCATION FACILITIES ON CITY PROPERTY , INCLUDING ONE SITE EACH AT THE CHUCK CORICA GOLF COMPLEX FIR STATION , AND WASHINGTON PAR WHEREAS, the City of Alameda owns and holds easements and other rights or interests in real property in the City of Alameda; and WHEREAS , American Tower Corporation is a communication site development , leasing and management company engaged in the business of constrcting, marketing, managing, operating and maintaining telecommunication sites; and WHREAS , on July 17 , 2001 , the City Council approved a Memorandum of Understanding with American Tower Corporation regarding negotiation of a multiple site lease agreement; and WHEREAS , the City of Alameda and American Tower Corporation desire to enter into a Multiple Site Lease Agreement for a term often years for development and operation of wireless telecommunication facilities on City property, including one site each at the Chuck Corica Golf Complex , Fire Station #4 and Washington Park; and WHEREAS , on November 13 , 2001 the Planning Board approved a Mitigated Negative DecIaration of Finding of No Significant Impact and approved Use Permits and Major Design Review for all three sites; and WHEREAS , the proposed multiple site lease is itself statutorily exempt under Section 15268 of the California Environmental Quality Act (CEQA) Guidelines as a "ministerial project"; 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 affirmation vote of four members ofthe City CounciL NOW , THEREFORE , BE IT ORDAID by the Council of the City of Alameda , by four affrmative votes: Section 1 That the form of Multiple Site Lease , on file in the offce of the City Clerk presented to the City Council on December 4 , 2001 , and the terms , conditions and covenants contained therein be , and the same are hereby approved. Section 2 . That the City Manager of the City of Alameda , be , and he is hereby authorized to execute , for and on behalf of the City of Alameda , a Multiple Site Lease substantially in the form and containing the terms and conditions and covenants as set out in the Multiple Site Lease referred to in the preamble hereof, and the City Clerk is hereby authorized and directed to attest to the same. Section 3.That the City Manager of the City of Alameda shall only execute a lease for any individual site or multiple sites after the proposed improvements on that site or sites have completed the Major Design Review process pursuant to Alameda Municipal Code AricIe 30-37. Section 4 . 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. Attest: WtA Wu City Clerk ****** Revised 12/12/01 the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18th day of Dcccmber , 2001 by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson and Mayor Appezzato - 4. NOES:None. ABSENT:Councilmember Kerr - 1. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City this 19th day of December , 2001. LUv Lara Weisiger, City City of Alameda