Ordinance 3190CITY OF ALAMEDA ORDINANCE NO. 3190
New Series
APPROVING AN AMENDED AND RESTATED LEASE AND
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS
NECESSARY TO IMPLEMENT THE TERMS OF AN AMENDED AND
RESTATED LEASE AGREEMENT WITH MR. HI CHI CHEN AND
MRS.LENA MUY CHIV, A- MARRIED COUPLE, DBA HOMETOWN
DONUTS, FOR 1930 MAIN STREET
WHEREAS, since 1991, the City of Alameda has planned for a four mile east -west
bicycling and walking corridor, referred to as the Cross Alameda Trail (CAT) in the former
Alameda Belt Line property, which is owned by the City; and
WHEREAS, the CAT project provides significant community, safety and environmental
benefits, including reductions in greenhouse gas emissions by providing safe, convenient and
comfortable walking and bicycling facilities, where almost none exist, serving children, students
and commuters; and by planting additional trees; and
WHEREAS, the City has developed, with extensive public input, designs for the CAT
segment between Main Street and Webster Street, along Ralph Appezzato Memorial Parkway
(RAMP); and
WHEREAS, the City has successfully acquired multiple grants for this extensive project
and invested City discretionary funding toward the project; and
WHEREAS, in 2010, the City purchased the property formerly owned by Alameda Belt
Line, with plans to construct a bicycle and pedestrian trail; and
WHEREAS, Hometown Donuts was leasing property from Alameda Belt Line, and during
the property transfer, their lease was assigned to the City of Alameda in 2010; and
WHEREAS, in 2011, the City and Hometown Donuts entered into a lease agreement upon
certain terms and conditions, on a month -to -month basis for an area of approximately 3,616
square feet; and
WHEREAS, the City's plans to design and construct the CAT Project on City Property
require an alteration of the size of the original leased premises and relocation of the Hometown
driveway from RAMP to Main Street in order to make the new bicycle /pedestrian trail safer by
minimizing potential conflicts between pedestrian /bicycle traffic and vehicular traffic; and
WHEREAS, the City and Hometown Donuts have agreed to alterations to the original
leased premises and amendments to the terms and conditions to the original lease agreement;
and
WHEREAS, the City and Hometown Donuts desire to amend and restate the original lease
agreement to incorporate mutually agreed upon terms and conditions.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that by four
affirmative votes that:
Section 1. The City Council hereby delegates to the City Manager the authority to execute
the Amended and Restated Lease, and to execute auxiliary documents and to perform any all
acts necessary or desirable to consummate the Lease with Hometown Donuts located at 1930
Main Street.
Section 2. If any portion, section, subsection, paragraph, subparagraph, sentence, clause,
phrase or application of this Ordinance 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, CiY Clerk
•
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda on the 3rd day of October, 2017,
by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have
said City this 4th day of October, 2017.
APPROVED AS TO FORM:
Janet / Kern, City Attorney
Cityz' Alameda
hereunto set my hand and affixed the official seal of
to"'n (n /
Lara Weisiger, Cit&Ierk
City of Alameda