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Ordinance 3301CITY OF ALAMEDA ORDINANCE NO. 3301 New Series APPROVING A SECOND AMENDMENT TO THE LEASE WITH GREENWAY GOLF ASSOCIATES, INC., A CALIFORNIA CORPORATION, FOR CHUCK CORICA GOLF COMPLEX WHEREAS, the City of Alameda ("the City") is the owner of the real property commonly known as the Chuck Corica Golf Complex ("Golf Complex") located at 1 Clubhouse Memorial Road, Alameda, California 94502; and WHEREAS, after an extensive RFP process, the City entered into a 20 -year lease agreement with Greenway Golf Associates, Inc., a California corporation ("Greenway") to operate and maintain the Golf Complex, which lease is dated August 1, 2012 ("the Lease"); and WHEREAS, the City and Greenway entered into a First Amendment to the Lease dated March 28, 2018, to address the North Course infrastructure needs, as well as improvements to the clubhouse, golf shop and outdoor patio space; and WHEREAS, Greenway desires to renovate the fire tower and surrounding area located outside the entryway of the Golf Complex to provide for a more aesthetically pleasing entry; and WHEREAS, Greenway has requested, and the City has agreed, to amend the Lease to incorporate the fire tower and the surrounding area into the premises subject to the Lease; WHEREAS, pursuant to the City Charter, Article XXII, Section 22-12, the City Council, without requiring a public vote, may lease public park property which is defined to include the Golf Complex. 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 execute, for and on behalf of the City of Alameda, a lease amendment with Greenway Golf Associates, Inc., a California corporation, for the Chuck Corica Golf Complex, to incorporate additional property into the premises subject to the lease, 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. !; Presidirig` Off is the City Cot iciI Attest: Lara Weisiger, City 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 continued regular meeting assembled on the 15th day of June, 2021 by the following vote to wit: AYES: Councilmembers Daysog, Herrera Spencer, Knox White, 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 16th day of June, 2021. Lara Weisiger, City Clerk City of Alameda APPROVED AS TO FORM: Yibin Shen, City Attorney City of Alameda