Ordinance 3068
CITY OF ALAMEDA ORDINANCE NO. 3068
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 FIVE
YEARS IN BUILDING 525 LOCATED AT 2751 TODD STREET AT
ALAMEDA POINT
WHEREAS, the City entered into the original agreement with Auctions By the
Bay for Building 525 in January 2001 and the original lease was for six years with
one five-year option; and
WHEREAS, the lease includes the use of Building 525, a 23,208-square-foot
premise; and
WHEREAS, the monthly base rent over the five years is $10,163 per month
for year one, $10,468 per month for year two, $10,782 per month for year three,
$11,105 per month for year four and $11,438 per month for year five; and
WHEREAS, the sole purpose for which the premises may be used by the
tenant is for warehouse, pre-sale viewing of antiques and other merchandise,
auction house purposes, ancillary office uses and other uses permitted by the
City of Alameda Use Permit; and
WHEREAS, under the initial lease, the tenant performed significant capital
investment in the property as part of developing the theater/auction house
location, so the security deposit requirement has been waived and the lease
contains the standard insurance, indemnity, assignment and termination clauses
the ARRA required in its leases and compliant with the Lease in Furtherance of
Conveyance (LIFOC) with the United States Navy.
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 five years in Building 525 located at 2751
Todd 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