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Ordinance 3112CITY OF ALAMEDA ORDINANCE NO. 3112 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A LEASE WITH WATERTIGHT RESTORATION, INC. FOR THREE YEARS IN A PORTION OF BUILDING 43 LOCATED AT 2440 MONARCH STREET, SUITE 200 AT ALAMEDA POINT WHEREAS, Watertight Restoration, Inc. (Watertight) was established in May 1979 as a waterproofing and caulking company; and WHEREAS, Watertight provides the following services: expansion joint systems - parking and architectural; epoxy injection of concrete and wood beams; concrete repairs; caulking and waterproofing above ground and below - grade; brick, marble, granite and terra -cotta repair; and concrete cleaning; and WHEREAS, The portion of Building 43, located at 2440 Monarch Street, Suite 200, is approximately four thousand four hundred eighty (4,480) square feet; and WHEREAS, The proposed lease with Watertight is for three years; and WHEREAS, The sole purpose for which the premises may be used by the tenant is for storage of cool roofing materials and equipment; and WHEREAS, In exchange for rent for months 1 -27, Watertight is providing a new roofing sealant with a 5 -year warranty on Building 43. The roof is for the entire structure and allows the City to rent the front of the building to another tenant, Steeltown Winery. This lease makes a building formerly unleasable for the City, leasable and generates revenue from the tenant in the front of the building; and WHEREAS, The proposed base rent is $2,688 for months 1 -27 and $2,688 for months 28 -36; and WHEREAS, Watertight is entitled to a monthly base rent credit as an offset against base rent in the amount of $2,688 in a total amount not to exceed $73,000 for the costs relating to the replacement of the roof on the building; and WHEREAS, Watertight shall complete construction of the capital repairs within the first two months of the lease term; and WHEREAS, In addition to the monthly base rent, Watertight will pay its share of common area maintenance costs, all costs for services, utilities and taxes for the premises; and WHEREAS, The City holds a $2,688- security deposit 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 Watertight Restoration, Inc. for Building 43 located at 2440 Monarch Street, Suite 200 at Alameda Point for three years, 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 if, for any reason, 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: (16LJ_ Cpl ��c Lara Weisiger, C ty Clerk 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 21St day of October, 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 22nd day of October, 2014. Lara Weisiger, Ci lerk City of Alameda APPROVED AS TO FORM: Janet�C. Kern City Attorney