Ordinance 2964CITY OF ALAMEDAORDINANCE NO.2964
New Series
AMENDING THE LEASE AGREEMENT DATED JANUARY 31 1991
BETWEEN THE CITY OF ALAMEDA (LESSOR)AND THE ALAMEDA
FOQD BANK (LESSEE) FOR REAL PROPERTY LOCATED A T1900
THAU WAY (REQUIRES 4 AFFIRMATIVE VOTES)
WHEREAS , on January 31 , 1991 , the CITY OF ALAMEDA (CITY) and
ALAMEDA EMERGENCY FOOD , INC. (LESSEE) entered into a lease agreement of
property located at 1900 Thau Way in Alameda, California , whereby CITY leased
property to LESSEE to operate a food bank (LEASE); and
WHEREAS, LESSEE has recently received a Community Development Block
Grant forthe removal and replacement of the existing trailer; and
WHEREAS , once the new trailer is installed , CITY will no longer be the owner
of the trailer and wil also no longer have maintenance obligations for same; and
WHEREAS , CITY and LESSEE wish to amend the LEASE as regards to
shorten the notice required for termination to six months.
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The City Council hereby approves execution of the Lease
Amendment between the City of Alameda and. Alameda Emergency Food , Inc. as
Lessee.
Section 2. That the form of Lease Amendment referred to in the
above and attached hereto as Exhibit A , and its terms , conditions and covenants
contained therein are hereby approved.
Section 3. That the City Manager of the. City of Alameda is hereby
authorized to execute , for and on behalf of the City of Alameda, .the attached Lease
Amendment.
Section 4. This ordinance shall
after expiration of thirty (30) days from the date
Attest:
(!,p,
ra Weisiger , City\
City of Alameda
EXHIBIT A
Amendment to Alameda Food Bank Lease
This is an Amendment to the Alameda Food Bank Lease entered into on January 31
1991 , by and between the CITY OF ALAMEDA , a municipal corporation (hereinafter "City
and the ALAMEDA EMERGENCY FOOD , INC. (hereinafter "LESSEE") who agree as
follows:
WHEREAS, on January 31 1991 , the CITY and LESSEE entered into a lease of property
located at 1900 Thau Way in Alameda, California whereby the CITY leased property to LESSEE
to operate a food bank (hereafter "LEASE"); and
WHEREAS, CITY and LESSEE wish to amend the LEASE and have agreed to make
moot the provisions that pertain to the mobile modular trailer which is the subject of Exhibit "
because the trailer wil betaken out of service. . The terms and conditions governing the LEASE
from the time of execution of this Amendment to the end of the remaining period of the LEASE
are in effect; and
WHEREAS , the City has programmed Community Development Block Grant funds
(Grant funds) for the removal of the old modular trailer and an acquisition of anew mobile
modular trailer; and
WHEREAS , the LESSEE wil be the owner with full responsibility of the new mobile
modular trailer that wil be placed on the property located at 1900 Thau Way; and
WHEREAS , the LESEE wil obtain the necessary approvals from the City to install the
new trailer in compliance with this agreement and the Amended LEASE; and
NOW, THEREFORE , the PARTIES agree as follows:
SECTION ONE. Paragraph 16 of the lease is amended in its entirety to read as follows:
16. CITY grants LESSEE the right to alter, adjust or modify the leased
premises , but only if given written approval by the City Manager or his/herdesigneeprior to the
alteration , adjustment or modification. Any and all improvements which become permanent
fixtures to the premises shall be the property of CITY effective at termination of this lease , in
accordance withCalifomiaproperty law. The CITY and LESSEE agree thatthe mobile modular
structure which is the subject matter of Exhibit "B" of the original LEASE shallbe taken outof
service. LESSEE wil be responsible forthe removal of the mobile modular structure. Any funds
derived from the salvage of the mobile modular structure shall revert to the City. Any new
structure brought upon the premises , must receive prior approval of the City, and shall be the
property of LESSEE alone. With this understanding, at the time the original mobile modular
structure is removed from the leased premises , Exhibit "B" wil be deemed moot.
SECTION TWO. Paragraph 22 of the lease is amended in its entirety toread as follows:
22. This lease shall be terminated by LESSEE's failure to honor any of the
provisions set forth in this Agreement. Additionally, this lease is terminable at the end of each
five year period by either pary.provided that the party gives six (6) months notice of intent to
terminate to the other party and in the case of the CITY that CITY has an adopted plan for
Redevelopment. After February 1 , 1996 , the lease wil automatically be renewed at the end of
each remaining five year period , unless the CITY has plans to use this property for another
specific use in connection with redevelopment and the CITY gives six (6) months notice as
provided in this paragraph.
SECTION THREE. At the time the original mobile modular structure is removed from
the leased premises , the following provisions will be deemed to have sunsetted and shall not be
applicable to the period of time remaining upon this amended lease. Those provisions are
follows:
Paragraphs 13 , 14 , and 19.
Exhibits "B" and "
SECTION FOUR. Except as modified by Sections One Two and Three of this
Amendment set forth above , each and every other provision of the LEASE shall remain in full
force and effect.
IN WITNESS WHEREOF , the parties agree to execute this document on the 20th day of
March 2007.
Recommended for Approval:CITY OF ALAMEDA
A Municipal Corporation
Matthew T. Naclerio
Public Works Director
Debra Kurita
City Manager
Approved as to Form:Attest:
City Clerk
ALAMEDA EMERGENCY FOOD , INC.
Mohammed Hill
Assistant City Attorney
Hugh Morgan
Chairperson
G:\pubworks\pwadmin \COUNCIL\2007\032007\Foodbankamend.doc
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 3 day of April , 2007 by the following vote to wit:
AYES:councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this 4 day of April , 2007.
Lara Weisiger , City
City of Alameda