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Ordinance 3205CITY OF ALAMEDA ORDINANCE NO. 3205 New Series APPROVING A FIRST AMENDMENT OF A LEASE OF BUILDING 24, LOCATED AT 2301 MONARCH STREET AT ALAMEDA POINT, WITH COMPLETE COACH WORKS, A CALIFORNIA CORPORATION FOR A THREE-YEAR LEASE AMENDMENT. WHEREAS, Complete Coach Works is an Alameda -based manufacturing and repair company specializing in rehabilitation and retrofitting of bus and locomotive fleets; and WHEREAS, Complete Coach Works entered into a lease agreement to occupy a portion of Building 24 on December 12, 2014 with the City of Alameda; and WHEREAS, Complete Coach Works current lease will expire on December 31, 2017 and be replaced by this first lease amendment once approved; and WHEREAS, Complete Coach Works will occupy a portion of Building 24 consisting of approximately 14,997 square feet of rentable space; and WHEREAS, Complete Coach Works will have the right, on an non-exclusive basis, to have its employees and visitors park in the adjacent paved areas; and WHEREAS, the Premises will continue to be used for the rehabilitation and retrofitting of bus and locomotive fleets, and vehicle sales and leasing, painting, finishing, and storage; and WHEREAS, the base rent over the three years of the lease amendment is $13,000 for year one, $13,390 for year two, and $13,792 for year three; and WHEREAS, Complete Coach Works previously provided a security deposit in the amount of $10,480; and WHEREAS, Complete Coach Works will be required to provide an additional security deposit in the amount of $3,312 bringing the total security deposit provided to $13,792; and WHEREAS, Complete Coach Works must comply the Master Infrastructure Plan (MIP) which was adopted on March 31, 2014; and WHEREAS, the Transportation Demand Management Plan (TDM) was adopted on May 20, 2014 and Complete Coach Works will be required to comply with TDM Plan as required by the Mitigation Monitoring and Reporting Program (MMRP) from the Alameda Point EIR, and the Alameda Point Zoning District in Section 30-4.24; and WHEREAS, all new development at Alameda Point will be required to comply with these Plans as part of any Disposition and Development Agreement (DDA) between the City and a developer and as a condition of approval for any planning approval, including Development Plan, use permit, or design review; and WHEREAS, Employers, residential complexes, or associations are required to prepare and submit a Compliance Strategy to outline plans to meet trip reduction requirements; and WHEREAS, the lease amendment 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). 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 amendment with Complete Coach Works, a California corporation, for Building 24 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 Office of the City Council Attest: �/A� Lara Weisiger, Ci Jerk 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 5th day of December, 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 hereunto set my hand and affixed the official seal of said City this 6th day of December, 2017. Lara Weisigir, City Clerk City of Alam a APPROVED AS TO FORM: Jan . Kern, City Attorney City of Alameda