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Ordinance 3141CITY OF ALAMEDA ORDINANCE NO. 3141 New Series APPROVING A LEASE AND AN OPTION TO PURCHASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A 10 YEAR LEASE AND AN OPTION TO PURCHASE WITH NATEL ENERGY, INC., A DELAWARE CORPORATION, FOR BUILDING 23 LOCATED AT 2401 MONARCH STREET AT ALAMEDA POINT WHEREAS, Natel Energy, Inc. ( Natel) designs and manufactures innovative hydropower systems that generate renewable energy; and WHEREAS, the premises will be used as office, research and development, and light manufacturing; and WHEREAS, Natel previously occupied Building 400A and currently occupies Building 19 at Alameda Point under a license agreement ending in December of this year; and WHEREAS, with funding from the United States Department of Energy and the Small Business Innovation Research Program, Natel has been allowed to grow and commercialize their invention, thus, prompting their expansion and relocation; and WHEREAS, at their new location, Natel is expected to expand to approximately 150 employees, and WHEREAS, Building 23 consists of approximately 65,000 square feet of rentable space with adjacent parking in front of the premises; and WHEREAS, Natel is interested in an option to purchase the premises upon certain conditions set forth in the lease. 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 and option to purchase with Natel Energy, Inc., a Delaware corporation, for Building 23 located at 2401 Monarch Street at Alameda Point for ten years, which includes an option to purchase the property 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. i_ t Presiding Qfficer o e City Council Attest: Lara Weisiger, CitV Jerk 1, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 17th day of November, 2015, by the following vote to wit: AYES: Councilmembers Daysog, Ezzy Ashcraft, Oddie and Mayor Spencer — 4. NOES: None. ABSENT: Vice Mayor Matarrese —1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 181h day of November, 2015. Lara Weisiger, dIfy Clerk City of Alameda Ja 0C. City Attorney City m Kern, �a Ci '�of Alameda