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Ordinance 3106CITY OF ALAMEDA ORDINANCE NO. 3106 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A LEASE AMENDMENT WITH PACIFIC FINE FOODS, INC. FOR EIGHT YEARS IN BUILDING 42 LOCATED AT 2480 MONARCH STREET AT ALAMEDA POINT WHEREAS, Pacific Fine Foods, Inc. (Pacific Fine Foods) entered into a five- year lease agreement on November 2008 for Building 42; and WHEREAS, Pacific Fine Foods is a specialty caterer with emphasis on large scale catering for large groups, as well as production catering and craft service to corporate events and board meetings; and WHEREAS, the proposed lease amendment adds eight years to the existing agreement with Pacific Fine Foods which have expired on October 31, 2013; and WHEREAS, Building 42 is approximately two thousand nine hundred sixty- five square feet located at 2480 Monarch Street; and WHEREAS, the sole purpose for which the premises may be used by the tenant is for operation of commercial kitchen and food preparation; and WHEREAS, the monthly base rent with an annual three percent increase is $1,867.95 for months one to twelve; $1,923.99 for months thirteen to twenty-four; $1,981.71 for months twenty-five to thirty-six; $2,041.16 for months thirty-seven to forty-eight; $2,102.39 for months forty-nine to sixty; $2,165.47 for months sixty-one to seventy-two; $2,230.43 for months seventy-three to eighty-four; and $2,297.34 for months eighty-five to ninety-six; 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 amendment, the tenant is required to make a security deposit of $2,407.45 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 amendment with Pacific Fine Foods, Inc. for eight years in Building 42 located at 2480 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: tow-c" Lara Weisiger, C' Clerk !!2v� V. 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 16th day of September, 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 17th day of September, 2014. Lara Weisiger, C t Clerk City of Alameda APPROVED AS TO FORM: z i a�n C. Kern 7 City Attorney Page 3