Ordinance 3062
CITY OF ALAMEDA ORDINANCE NO. 3062
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE
TERMS OF A LEASE RENEWAL WITH THE PACIFIC PINBALL
MUSEUM FOR FIVE YEARS IN A PORTION OF BUILDING 13
LOCATED AT ALAMEDA POINT, 2100 FERRY POINT
WHEREAS, The Pacific Pinball Museum has been a tenant at Alameda Point
since 2006; and
WHEREAS, Building 13 is a warehouse/storage facility with some office
space and is one of the few buildings at Alameda Point with a loading dock; and
WHEREAS, The Pacific Pinball Museum occupies approximately 12,000
square feet; and
WHEREAS, The base rent over the five years is $2,386 monthly for year one,
$2,416 monthly for year two, $2,446 monthly for year three, $2,477 monthly for
year four and $2,508 monthly for year five; and
WHEREAS, The Pacific Pinball Museum will receive a partial offset of
$847.50 per month over the term of their lease, not to exceed the cumulative
amount of $58,850 to verify and investigate roof leaks and implement partial roof
replacement and roof repairs to the premises as determined by the investigation;
and
WHEREAS, If the actual cost is less than the shell improvement credit, the
monthly offset shall be adjusted according to the actual cost. Any actual costs in
excess of the improvement credits shall be the tenant’s responsibility at its sole
cost and expense; and
WHEREAS, The City currently holds $2,395 as a security deposit and the
lease contains the standard insurance, indemnity, assignment and termination
clauses ARRA required in its leases and compliant with the Lease in Furtherance
of Conveyance (LIFOC).
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that by four affirmative votes that:
Section 1. The City Manager of the City of Alameda or his designee is hereby
authorized to negotiate, execute, for and on behalf of the City of Alameda, a
lease renewal with the Pacific Pinball Museum for a portion of Building 13 located
at 2100 Ferry Point at Alameda Point for five years, 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 2. If any section, subsection, sentence, clause, or phrase of this
ordinance, for any reason, is held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council of the City of Alameda hereby declares that it would
have passed this ordinance, and each section, subsections, clause, or phrase
hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases are declared to be invalid and unconstitutional.
Section 3. 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 Council of the City of Alameda in
regular meeting assembled on the 5th day of February, 2013, by the following
vote to wit:
AYES: Councilmembers Chen, Ezzy Ashcraft, Tam and
Mayor Gilmore – 4.
NOES: None.
ABSENT: Councilmember Daysog - 1
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 6th day of February, 2013.
______________________
Lara Weisiger, City Clerk
City of Alameda