Ordinance 3076
CITY OF ALAMEDA ORDINANCE NO. 3076
New Series
APPROVING A LICENSE AND AUTHORIZING THE CITY
MANAGER TO EXECUTE DOCUMENTS NECESSARY TO
IMPLEMENT THE TERMS OF A LICENSE AGREEMENT WITH
ANTIQUES BY THE BAY, INC. FOR FIVE YEARS IN THE
NORTHWEST TERRITORIES LOCATED AT 2900 NAVY WAY AT
ALAMEDA POINT
WHEREAS, in 1998, the Antiques By the Bay, Inc. Faire was started at
Alameda Point; and
WHEREAS, the faire was first held on the airfield tarmac north of Seaplane
Lagoon and has grown into a regional event over the years and was relocated to
the Northwest Territories just off of Main Street; and
WHEREAS, the faire is held the first Sunday of every month and has a rainy
day policy for the subsequent week, if there is inclement weather; and
WHEREAS, the license agreement is for the use of the Northwest Territories,
2900 Navy Way; and
WHEREAS, the term is from September 2012 through October 2017 ; and
WHEREAS, the monthly license fee is the greater of $5,000 or 25% of gross
receipts; and
WHEREAS, for fiscal year 2013, the average monthly payment over the past
three months has been nearly $47,000. For example, on March 4, 2013, their
payment was $38,946. On April 8, 2013, their payment was $48,378; and on
May 7, 2013, their payment was $46,799 ; and
WHEREAS, the security deposit requirement has been waived under the
original lease, however the tenant will comply with insurance and permitting
requirements; and
WHEREAS, because of the future development proposed by the Veteran’s
Administration (VA), there have been discussions with the Antiques Faire about
finding alternate locations for the event, probably on a slightly smaller scale.
Additionally, this license is revocable and will not interfere with the VA’s plans if
the VA’s implementation occurs within the 5-year period.
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
license agreement with Antiques By the Bay, Inc. for five years in the Northwest
Territories located at 2900 Navy Way 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, subse ctions, 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 a fter 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 23rd day of July, 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 this 24th day of July, 2013.
______________________
Lara Weisiger, City Clerk
City of Alameda