Ordinance 3066
CITY OF ALAMEDA ORDINANCE NO. 3066
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE
TERMS OF A LEASE AMENDMENT WITH MARGARET SU DBA
WONKY AND WONKY KITCHEN LLC EXTENDING THEIR
CURRENT LEASE FOR UP TO FIFTEEN MONTHS AND TWENTY
EIGHT DAYS IN BUILDING 119 LOCATED AT 151 WEST
SEAPLANE LAGOON AT ALAMEDA POINT
WHEREAS, the City entered into the original lease agreement with Wonky
and Wonky Kitchen LLC for Building 119 in August 2012 and the initial term of
the lease was for one year; and
WHEREAS, the proposed lease amendment adds fifteen months and 28 days
to the existing agreement to expire in December 2014; and
WHEREAS, Building 119 is approximately 4,700 square feet; and
WHEREAS, the tenant will be making improvements to the building to
accommodate its commercial kitchen use and the proposed amendment waives
one month of the short term lease’s base rent ($1,645); and
WHEREAS, the rent under the proposed lease amendment is slightly higher
at $1,700 monthly or $20,400 annually; and
WHEREAS, the sole use for which the premises may be used by the tenant is
for commercial kitchen use for food production and packaging. Additionally, the
tenant may rent a portion of the premises up to a maximum of 1,600 square feet
for commercial kitchen use; and
WHEREAS, in addition to the base rent, the tenant has provided a $1,645
security deposit, representing one month’s rent under the current agreement 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 amendment with Margaret Su dba Wonky and Wonky Kitchen LLC
extending their current lease for up to fifteen months and twenty eight days in
Building 119 located at 151 West Seaplane Lagoon at Alameda Point, 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
City of Alameda
* * * * * *
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 7th day of May, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, 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 8th day of May, 2013.
______________________
Lara Weisiger, City Clerk
City of Alameda