Ordinance 2967CITY OF ALAMEDA ORDINANCE NO. 2967
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY AGREEMENTS AND DOCUMENTS FOR
TERMINATION OF THE GROUND LEASE AND EXECUTION OF
A MASTER LEASE THAT DIVIDES THE LEASEHOLD ESTATE
THAT IS THE SUBJECT OF THE LEASE INTO THREE
SEPARATE LEASEHOLD ESTATES TO BALLENA ISLE MARINA, A CALIFORNIA LIMITED PARTNERSHIP , OF REAL
PROPERTY HELD UNDER LEASE BY AND BETWEEN THE CITY
OF ALAMEDA AND BALLENA ISLE MARINA , A LIMITED
PARTNERSHIP
WHEREAS, on the day of January, 1979 , a lease , entitled "Ballena Bay
Lease " of certain City-owned property was entered into by and between the City
of Alameda as Lessor and Marina Operators Incorporated as Lessee; and
WHEREAS , on the 28 day of October , 1982 , pursuant to Ordinance No.
2105 , N., the City consented to assignment of said Ballena Bay Lease to
Almar , Ltd. And Ballena Isle Marina; and
WHEREAS , on the 6 day of May, 1998 , pursuant to Ordinance No. 2759
, the City consented to the assignment from Ballena Isle Marina , a California
Limited Partnership, to Ballena Isle Marina , LLC , a California Limited Liability
Company; and
WHEREAS , Ballena Isle Marina has proposed to subdivide their existing
leasehold estate into three leasehold parcels ("Waterside - Parcel"
, "
Commercial
Parcel", and "Remainder Parcel") and to assign its interest in the proposed
Commercial Parcel to a new lessee ("certain conditions precedent") as conditions
precedent to execution of a new master lease; and
- .
WHEREAS , Ballena Isle f\arina is requesting the City to approve , upon
the occurrence o certain conditions precedent , the termination of the ground
lease and executror J a master lease that divides the leasehold estate that is
the subject of the lease into three separate leasehold estates to Ballena Isle
Marina , LP , a California Limited Partnership, of real property held under lease by
and between the City of Alameda and Ballena Isle Marina , a Limited Partnership;
and
WHEREAS , the City of Alameda consents to , upon the occurrence of
certain conditions precedent , the termination of the ground lease and execution
of a master lease that divides the leasehold estate that is the subject of the lease
into three separate leasehold estates to Ballena Isle Marina , LP , a California
Limited Partnership, of real property held under lease by and between the City of
Alameda and Ballena Isle Marina , a Limited Partnership in the form held on file in
the City Clerk's office.
WHEREAS , pursuant to City Charter Section no real propert of theCity shall be leased for a period in excess of one year or sold , except upon theaffirmative vote of four members of the Council.
NOW , THEREFORE , BE IT ORDAINED by the Council of the City ofAlameda, by four affirmative votes that:
Section 1 . The City Council of the City of Alameda hereby
approves andauthorizes, upon the occurrence of certain conditions precedent , the terminationof the ground lease and execution of a master lease that divides the leaseholdestate that is the subject of the lease into three . separate leasehold estates toBallena Isle Marina, LP , a California Limited Partnership, of real property heldunder lease by and between the City of Alameda and Ballena Isle Marina , aLimited Partnership.
Section 2 . The City Manager of the City of Alameda be , and is herebyauthorized to execute, for an on behalf of the City of Alameda , all necessaryagreements and documents forthe form of Master Lease of Real Property heldunder lease by and between the City of Alameda and BaHena Isle Marina , L.P.,substantially containing the terms and conditions and covenants as set out in the
Master Lease of Real Property to Ballena Isle Marina , A California Limited
Partnership, of real propert held under Lease by and between the City ofAlameda and Ballena Isle Marina , lP , a California Limited Partnership.
Section 3.This ordinance shall be in full forc and effect from and after the
expiration of thirty (30) days from the date of i ssage.
Attest:
Lara Weisiger , Cit Clerk
City of Alameda
***
, 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 day of July, 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 18 day of July, 2007.
Lara Weisiger , City I le
City of Alameda