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