Ordinance 3210CITY OF ALAMEDA ORDINANCE NO. 3210
New Series
APPROVING A SECOND AMENDMENT TO A LICENSE WITH AMBER
KINETICS, INC. FOR TWENTY-FOUR MONTHS FOR USE OF AN
UNIMPROVED LOT LOCATED AT 641 WEST RED LINE AVENUE
LOCATED AT ALAMEDA POINT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS
WHEREAS, Amber Kinetics, Inc. (Amber Kinetics) is a technology company that
provides safe, environmentally sustainable, multi -hour kinetic energy storage; and
WHEREAS, since 2014 Amber Kinetics has had a license to occupy an unimproved
lot located at 641 West Red Line Avenue (the lot) at Alameda Point; and
WHEREAS, in January 2016 Amber Kinetics entered into a First Amendment to said
license and this amendment is set to expire May 04, 2018; and
WHEREAS, Amber Kinetics uses this unimproved lot as a test site for their
technology which has been critical for conducting engineering and manufacturing tests,
validating new features, and testing customer flywheels; and
WHEREAS, under this Second Amendment Amber Kinetics' term for use of the lot
will be amended to extend twenty-four months; and
WHEREAS, the lot consists of approximately 10,000 square feet of usable land
area; and
WHEREAS, the monthly fee under the second amendment will be $3,600.00; and
WHEREAS, the license 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 their designee is hereby
authorized to negotiate, execute, for and on behalf of the City of Alameda, a second
amendment to a license with Amber Kinetics, Inc. for use of an unimproved lot located
at 641 West Red Line Avenue Alameda Point for twenty four months, 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.
residing Offic r oft e City Council
Attest:
Lara Weisiger, Cit lerk
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 17th day of April, 2018, 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 18th day of April, 2018.
/ 0 (,L-"
Lara Weisiger,qi y Clerk
City of Alameda
APPROVED AS TO FORM:
Jan C. Kern, City Attor ey
City of Alameda