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Ordinance 3170CITY OF ALAMEDA ORDINANCE NO. 3170 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A THREE YEAR LEASE WITH NO EXTENSTION OPTION AND A RIGHT TO EARLY TERMINATION WITH PACIFIC PINBALL MUSEUM, A CALIFORANIA CORPORATION, FOR BUILDING 169, SUITE 101 LOCATED AT 1650 VIKING STREET AT ALAMEDA POINT WHEREAS, Pacific Pinball Museum is a non - profit organization that started in 2002 and has been a tenant at Alameda Point since 2006; and WHEREAS, in 2006, the City of Alameda entered into a lease agreement for Building 13 with Pacific Pinball Museum; and WHEREAS, in 2012, the City approved a five -year lease with Pacific Pinball for Building 13; and WHEREAS, although Pacific Pinball Museum's current lease was valid until October 31, 2017, they needed to be moved due to Site A development; and WHEREAS, Pacific Pinball Museum is being relocated to Building 169, Suite 101; and WHEREAS, because of being moved due Site A development, Pacific Pinball Museum was offered below market -rate rent; and WHEREAS, Pacific Pinball has a permitted use for a warehouse and repair facility for historic pinball machines and all related administrative functions; and WHEREAS, Building 169, Suite 101 consists of approximately 43,355 square feet of rentable space; and WHEREAS, the monthly base rent is $10,838.75 for months one to twelve, $11,163.91 for months thirteen to twenty -four, and $11,498.83 for months twenty -five to thirty -six; and WHEREAS, this new proposed lease has no extension option and an early termination right because Building 169 is located in the Enterprise District development area; and WHEREAS, in addition to the base rent, Pacific Pinball Museum has provided an $11,494.83 security deposit, representing one month's rent of the final monthly base rent rate under this agreement and the tenant will comply with all other leasing requirements including provisional insurance that is satisfactory to the City. 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/her designee is hereby authorized to negotiate, execute, for and on behalf of the City of Alameda, a lease with Pacific Pinball Museum, a California corporation, for Building 169, Suite 101 located at 1650 Viking Street at Alameda Point for three (3) years, which includes no options to extend the Term and a Right to Early Termination with ninety (90) days' notice, each 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 0 is trof the City �Cou�ncil Attest: Lara Weisiger, Citoclerk I, 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 20th day of December, 2016, by the following vote to wit: AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie, and Mayor Spencer = 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 21 st day of December, 2016. Lara Weisiger, C1 Clerk City of Alameda APPROVED AS TO FORM: ,r Janet Kern, City Attorney City of Alameda