Ordinance 3045CITY OF ALAMEDA ORDINANCE NO. 3045
New Series
APPROVING A LEASE WITH PACIFIC SHOPS, INC., A
CALIFORNIA CORPORATION, FOR AN INITIAL TERM OF 25
YEARS WITH A 41 YEAR OPTION FOR THE TIDELANDS
PROPERTY LOCATED ALONG CLEMENT STREET BETWEEN
ALAMEDA MARINA DRIVE AND WILLOW STREET, GENERALLY
KNOWN AS ALAMEDA MARINA
WHEREAS, the City is owner of certain tidelands real property located on the
Oakland /Alameda estuary waterfront along Clement Street between Alameda
Marina Drive and Willow Street; and
WHEREAS, City acquired such tidelands property from the State of California
by Stats. 1913, Chapter 348, as has been amended from time to time; and
WHEREAS, Pacific Shops, Inc, a California corporation doing business as
Alameda Marina ( "Pacific Shops "), the owner of the abutting upland fee property,
is currently leasing the tidelands property from the City pursuant to an existing
lease agreement which expires in May 2015; and
WHEREAS, the City and Pacific Shops desire to upgrade and improve the
Alameda Marina; and Pacific Shops is willing to make such an investment and
further is interested in pursuing the redevelopment of its adjoining upland
property in exchange for a new lease with an initial term of 25 -years with a 41-
year option to extend as well as other mutually acceptable terms and conditions
as set forth in the new lease attached to the Staff Report presented to the City
Council on May 1, 2012 ( "New Lease "); and
WHEREAS, pursuant to City Charter Article III Section 10, no real property of
the City shall be leased for a period in excess of one year except upon the
affirmative vote of four members of the City Council.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that:
Section 1. The New Lease (as defined above) is approved upon the
affirmative vote of four members of the City Council.
Section 2. The City Manager of the City of Alameda or his designee is hereby
authorized to execute, for and on behalf of the City of Alameda, the New Lease,
subject to such technical or clarifying revisions as are reasonably determined
necessary by the City Manager and approved by the City Attorney, and the City
Clerk is hereby authorized and directed to attest to the same.
Section 3. The City Manager, or his designee, is hereby further authorized
and directed to execute all documents or instruments and to take any additional
actions that do not require the expenditure of City funds as may be necessary or
appropriate to carry out the provisions of the New Lease on behalf of the City.
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.
Presiding Officer of the City Council
Attest:
Lara Weisiger, City Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by the City Council of the City of Alameda in a
Regular Meeting of the Alameda City Council on the 15th day of May, 2012 by the
following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 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 16th day of May, 2012.
LAIC-
Lara Weisiger, City Cle.rrk
City of Alameda