Ordinance 3283CITY OF ALAMEDA ORDINANCE NO. 3283
New Series
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A
THIRD AMENDMENT TO THE LICENSE AGREEMENT WITH
AMBER KINETICS, INC., A CALIFORNIA CORPORATION, FOR USE OF
THE UNIMPROVED LOT LOCATED AT 641 WEST RED LINE AVENUE
IN ALAMEDA EXTENDING THE TERM FOR 12 MONTHS AND
PROVIDING ONE 12-MONTH EXTENSION OPTION
WHEREAS, Amber Kinetics is a California corporation that manufactures energy
storage technology; and
WHEREAS, in 2014, the City of Alameda entered into a license agreement with
Amber Kinetics, Inc. for the approximately 10,000 square foot unimproved lot located at
461 West Red Line Avenue in Alameda, for use as a test site for electrical systems
storage; and
WHEREAS, the term of the license agreement was twenty-four (24) months and
established a base monthly rent at $1 ,000.00; and
WHEREAS, in 2016, the City approved a first amendment to the license agreement
extending the term of the agreement for twenty-four (24) months and increasing the
monthly base rent to $2,200.00; and
WHEREAS, in 2018, the City approved a second amendment to the license
agreement extending the term of the agreement for an additional twenty-four (24) months
and increasing the monthly base rent to $3,600.00; and
WHEREAS, the City and Amber Kinetics now desire to enter into a third
amendment to the license agreement to extend the term for an additional twelve months
until May 3, 2021, and providing one 12-month extension options, subject to the approval
of the City Manager; and
WHERAS, the monthly base rent of the additional 12-month term remains at
3,600.00 and increases to $3,800.00 if the 12 month extension option is exercised and
approved by the City Manager.
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 designee is hereby
authorized to execute, for and on behalf of the City of Alameda, a third amendment to
the license agreement with Amber Kinetics, Inc., a California corporation, for the
approximately 10,000 square foot unimproved lot located at 641 West Red Line
Avenue in Alameda extending the term for an additional twelve months and providing
one 12-month extension option (subject to the City Manager's approval), 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.
Attest:
******
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 7th day of July 2020, by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft-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 ath day of July 2020.
APPROVED AS TO FORM:
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