Ordinance 3097CITY OF ALAMEDA ORDINANCE NO. 3097
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE
TERMS OF A LEASE WITH PACIFIC AUTOMATED, LLC DBA BRIX
BEVERAGE FOR FIVE YEARS WITH AN ADDITIONAL FIVE YEAR
OPTION IN A PORTION OF BUILDING 25 LOCATED AT 1951
MONARCH STREET AT ALAMEDA POINT
WHEREAS, Pacific Automated, LLC, dba Brix Beverage, is a privately owned
Bay Area business that provides one -stop services to food service management
companies, nightclubs and restaurants; and
WHEREAS, Pacific Automated provides fountain soda, juice, teas, and
mixers to its clients, as well as servicing and repairing beverage dispensing
machines; and
WHEREAS, Brix Beverage plans to launch its new line of bottled watered
beverages named BXZero later this year. BXZero has zero sugar and zero
impact on the environment. Brix has plans to partner with a local well -known
organic brewing company to begin brewing and eventually distributing from the
Alameda Point; and
WHEREAS, the lease is for five years with an additional five year option; and
WHEREAS, the premise is in one of the three bays of Building 25, a 54,450 -
square -foot former airplane maintenance hangar, and its adjacent yard area
located at 1951 Monarch Street; and
WHEREAS, the monthly base rent is $6,356 for months one to twenty- three;
$8,535 for months twenty -four to forty- three; and $8,818 for months forty -four to
sixty; and
WHEREAS, in addition to Base Rent, the tenant shall pay its share of
common area maintenance costs, all costs for services, utilities and taxes for the
Premises, and comply with lease requirements for insurance; and
WHEREAS, under the lease the tenant is required to make a security deposit
of $8,818 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:
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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 Pacific Automated, LLC dba Brix Beverage for five years with an
additional five year option in a portion of Building 25 located at 1951 Monarch
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.
Attest:
Lara Weis igerk' �C ty Clerk
Presiding Officer of the City Council
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 1St day of July, 2014, 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 2nd day of July, 2014.
Lara Weisiger, CQty ,lerk
City of Alameda _