Ordinance 3225CITY OF ALAMEDA ORDINANCE NO. 3225
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS
OF THE LEASE WITH KAREN ZIMMERMAN AND KEN EDGERLY, DBA
ABC PRESCHOOL FOR FIVE YEARS WITH FIVE ONE-YEAR
RENEWAL OPTIONS ON LAND ADJACENT TO MASTIC SENIOR
CENTER
WHEREAS, ABC Preschool ("ABC Preschool") has operated a preschool in two
modular buildings and play yard ("Premises") behind the Mastick Senior Center
("Mastick") at 1525 Bay Street since 1983; and
WHEREAS, Karen Zimmerman and Ken Edgerly, dba ABC Preschool have been
the proprietors since 1995 and are licensed to provide childcare services to children
between the ages of two and six years of age and currently occupy the Premises under
a Lease Agreement, dated November 11, 2011, as amended by that certain First
Amendment dated November 1, 2014, as amended by that certain First Amendment
dated November 2014, and as further amended by that certain Second Amendment dated
November 1, 2015 ("Existing Lease"); and
WHEREAS, Effective as of November 1, 2011 the Existing Lease term expired and
ABC Preschool has since occupied the premises as a month-to-month tenant; and
WHEREAS, to allow ABC Preschool to continue to operate the preschool in the
Premises, the new Lease Agreement provides for a new five-year term, with five one-year
extension options, with an initial base monthly rent of $2,374, subject to annual increases
based upon Consumer Price Index, San Francisco -Oakland -Hayward for all Urban
Consumers; and
WHEREAS, the security deposit in the amount of $2,100 currently held under the
Existing Lease shall be held as security for the new lease and the lease contains standard
insurance, indemnity, and assignment clauses; and
WHEREAS, the new lease requires minimal staff management and the revenue
generated will be allocated to Mastick's budget to offset its operating expenses.
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
Karen Zimmerman and Ken Edgerly, dba ABC Preschool for two adjoined modular
buildings and outdoor play area at 1525 Bay Street for five years with five one-year
renewal options, 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 oft e City Council
Attest:
Lara Weisiger, City, 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 2nd day of October, 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 3rd day of October, 2018.
�Q`tom e ��
Lara Weisiger, Cit Jerk
City of Alameda
APPROVED AS TO FORM:
Janpjt. Kern, City Attorney
City of Alameda