Ordinance 3213CITY OF ALAMEDA ORDINANCE NO. 3213
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS
OF A FORTY EIGHT MONTH LEASE FOR 44,000 SQUARE FEET
WITH SHIMMICK /CEC JOINT VENTURE, FOR A PORTION OF
BUILDING 170, LOCATED AT 1770 VIKING STREET AT ALAMEDA
POINT.
WHEREAS, Shimmick/CEC Joint Venture is a company contracted to retrofit the
Tranbay tunnel used by Bay Area Rapid Transit (BART); and
WHEREAS, Shimmick/CEC Joint Venture entered into a lease agreement with the
City of Alameda to occupy a portion of Building; and
WHEREAS, this lease agreement with Shimmick/CEC Joint Venture is a new lease
in the Enterprise District, Site B at Alameda Point; and
WHEREAS, Shimmick/CEC Joint Venture has a forty eight month lease, but after
month 18 the City can terminate the lease to advance development of Site B; and
WHEREAS, this lease for Building 170, consists of approximately 44,000 rentable
square feet; and
WHEREAS, the Premises will be used for material storage for a BART retrofit
project; and
WHEREAS, Shimmick/CEC Joint Venture has limited its truck trips to 20 per day
and shall further limit to no trips between the peak commuter hours of 7 and 9 a.m., except
in case of an emergency related to the project; and
WHEREAS, the base rent for months 1-12 of the lease is $24,200, $24,926 for
months 13-24, $25,674 for months 25-36, and $26,444 for months 37-48; and
WHEREAS, Shimmick/CEC Joint Venture will be required to provide a security
deposit in the amount of $24,200 and the lease contains the standard insurance,
indemnity, and assignment clauses.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
that by four affirmative votes that:
Section 1. The Acting 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 Shimmick/CEC Joint Venture, a California Limited Liability Corporation, for Building
170 at Alameda Point for forty eight 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.
Presiding Officer of the City Council
Attest:
C--(Al-�
Lara Weisiger, Cit ,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 s' 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 seal of said City this 2nd day of May, 2018.
. .. .. ... .... ..
Lara Weisiger, Qjjt Clerk
City of Alameda
J t C. Kern, Cit Attorney
qty of Alameda