Ordinance 3212CITY OF ALAMEDA ORDINANCE NO. 3212
New Series
APPROVING A LEASE AND AUTHORIZING THE ACTING CITY
MANAGER TO EXECUTE DOCUMENTS NECESSARY TO
IMPLEMENT THE TERMS OF THE LEASE WITH PLAY HOUSE, LLC
FOR TEN YEARS WITH ONE FIVE-YEAR RENEWAL OPTION IN THE
HISTORIC ALAMEDA THEATRE, LOCATED AT 2319 CENTRAL
AVENUE
WHEREAS, Burgermeister previously occupied a the premises located at 2319
Central Avenue which is a portion of the Historic Alameda Historic Theatre (the Theatre)
since November 2007; and
WHEREAS, in January 2018 Burgermeister opted to terminate its lease and end
business operations at the Alameda Theatre; and
WHEREAS, Play House LLC, dba Director's Cut (Director's Cut) currently
occupies the former Burgermeister premises of the Theatre under a license since
February, 2018; and
WHEREAS, Director's Cut is proposing to operate a family -friendly restaurant
serving nutritious kids dishes and food that will be all natural, free of nitrates,
phosphates or preservatives, and antibiotics and hormones; and
WHEREAS, the premises Director's Cut will occupy is a portion of the Theatre
and consists of approximately 1,850 square feet; and
WHEREAS, The monthly base rent over the ten years is $6,530.50 for year one,
$6,726.42 for year two, $6,988.21 for year three, $7,136.05 for year four $7,350.14 for
year five, $7,570.14 for year six, $7,797.76 for year seven, $8,031.69 for year eight,
$8,272.64 for year nine, and $8,520.82 for year ten; and
WHEREAS, there is one renewal option which would extend the Term for a
period of five years; and
WHEREAS, the tenant will be required to provide a security deposit equal to
$13,061.00 and the two members of Play House, LLC will sign a personal guaranty of
the lease, and the lease contains the standard insurance, indemnity, assignment and
termination clauses the ARRA required in its leases.
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 with
Play House, LLC. for a portion of the Historic Alameda Theatre located at 2319 Central
Avenue for ten years with one five-year renewal option, 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 I of City Council
Attest:
[A.
Lara Weisiger, i 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 in a regular
meeting assembled on the 1 st day of May, 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
sea[ of said City this 2nd day of May, 2018.
Lara Weisiger, d* Clerk
City of Alameda
APPROVED AS TO FORM:
4e
Ja t City C. Kern, CiAttorney
Ci
Ity
a
yof Alameda