Ordinance 3067
CITY OF ALAMEDA ORDINANCE NO. 3067
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE
TERMS OF A LEASE WITH AUCTIONS BY THE BAY FOR THREE
YEARS FOR BUILDING 18 LOCATED AT 2700 SARATOGA
STREET AT ALAMEDA POINT
WHEREAS, the City entered into the original agreement with Auctions By the
Bay for Building 18 in January 2001 and the original lease was for six years with
one five year option; and
WHEREAS, the lease includes use of Building 18, 7,251 square feet of office
space and 18,166 square feet of theater space. The sole purpose for which the
premises may be used is for use as an auction house for the sale of antiques and
other merchandise, office space, public assembly for seminars, meetings, film
screening, and live performances. The non-theater portion of the leased
premises may be used for furniture and art restoration and reupholstery of
furniture; and
WHEREAS, the annual base rent for the office space is $77,328 plus three
percent (3%) annual increases and the theater space has a percentage rent of
twenty five percent (25%) of revenue received for the rental of the premises; and
WHEREAS, the monthly base rent over the three years is $6,444 for year
one, $6,637 for year two and $6,836 for year three; and
WHEREAS, the City may recapture the theater and a portion of the
administrative offices upon giving tenant a 60-day termination notice; and
WHEREAS, under the initial lease, the tenant performed a significant capital
investment in the property, so the security deposit requirement has been waived
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 with Auctions By the Bay for three years in Building 18 located at 2700
Saratoga Street 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