Ordinance 3108CITY OF ALAMEDA ORDINANCE NO. 3108
New Series
APPROVING THE SECOND AMENDMENT TO THE LEASE AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
DOCUMENTS TO IMPLEMENT THE TERMS OF A SECOND LEASE
AMENDMENT WITH KAI CONCEPTS LLC FOR TWELVE MONTHS IN A
PORTION OF BUILDING 168 LOCATED AT 1651 VIKING STREET, SUITE
300 AT ALAMEDA POINT
WHEREAS, Kai Concepts has been a tenant in a portion of Building 168 at Alameda
Point since May 2013; and
WHEREAS, Kai Concepts is the home of the Kiteboat Project where a team of
marine architects, sailors, and software developers are building and testing kites for
large-scale propulsion in waterborne transportation; and
WHEREAS, Kite propulsion has primarily been used for kitesurfing and in single-
person traction kiting. In small-scale kiting, the force of the kite can be controlled by an
individual holding on to the kite directly, but as the kite gets larger, harnessing its power
becomes more difficult; and
WHEREAS, The Kite Project's mission is to design a purpose-built vessel that is
specifically designed to harness kite power and to advance kite design and kite controls
to the point that power-assisted or autonomously controlled kites can be used by a
broad audience; and
WHEREAS, The lease which was entered into upon authority of the City Manager
granted Kai Concepts two options to extend the term of the lease for a period of four
months each; and
WHEREAS, The term of the lease, as amended, expired on June 4, 2014 and Kai
Concept continues to occupy a portion of Building 168 on a month-to-month tenancy;
and
WHEREAS, The portion of Building 168, located at 1651 Viking Street, Suite 300 is
approximately twenty eight thousand five hundred thirty-six square feet and the adjacent
land is approximately seventeen thousand two hundred seventy square feet; and
WHEREAS, the monthly base rent is $11,182; 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 $11,182 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; and
WHEREAS, Alameda City Charter Section 3-10 requires an affirmative vote of 4
members of the City Council to approve a lease for a term over one year.
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 second
lease amendment with Kai Concepts, LLC. for twelve months in a portion of Building
168 located at 1651 Viking Street, Suite 300 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 Weisiger, CitWClerk
Presiding Officer of the City Council
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I, the undersigned, hereby certify that the foregoing resolution was
duly and regularly adopted and passed by the Council of the City of Alameda in
a 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.
APPROVED AS TO FORM:
Ja- C. Kern
Attorney
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Lara Weisiger, City C(ejk
City of Alameda