Ordinance 3254CITY OF AlAMEDA ORDINANCE NO. 3254
New Series
APPROVING A 33-YEAR LEASE, WITH ONE 33-YEAR OPTION
TO RENEW, AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE DOCUMENTS NECESSARY TO
IMPLEMENT THE TERMS OF A LEASE WITH THE CARNEGIE
INNOVATION HALL, A CALIFORNIA 501 (C)3 NON-PROFIT
ORGANIZATION, FOR 2264 SANTA CLARA AVENUE (THE
CARNEGIE BUILDING) AND 1429 OAK STREET (FOSTER
HOUSE)
WHEREAS, City of Alameda has determined that there is significant
community benefit in rehabilitating and restoring the Carnegie Building and Foster
House and causing them to be open to the public; and
WHEREAS, the premises have fallen into disrepair and will require that
substantial capital improvements, estimated in 2018 to cost approximately
$6,600,000, be performed to allow the Carnegie Building and Foster House to be
open to the public. Through this lease, the City of Alameda desires to facilitate the
rehabilitation and activation of the buildings; and
WHEREAS, the City Council approved a Request for Qualifications with the
goal of finding a tenant that would provide cultural, educational and/or economic
benefits to the community, restore and maintain the historic character of the
Carnegie Building and Foster House, and provide for public use of the buildings as
frequently as possible; and
WHEREAS, the selection committee chose the Carnegie Innovation Hall as
the winning proposal to rehabilitate the Carnegie Building and Foster House and
operate a community space to promote education and ideas; and
WHEREAS, the Carnegie Innovation Hall intends to restore and maintain
the historic character of the buildings, and provide cultural, educational and
economic benefits to the City; and
WHEREAS, the premises will be used to promote education and ideas, and
to provide space for public and private events and performances, with food and
bar service; and
WHEREAS, the base; rent is $15,597.61 per month, to be abated for the
initial thirty-three year lease term in consideration for the significant expense and
effort associated with the rehabilitation of the Carnegie Building and Foster House;
and
WHEREAS, the proposed lease contains one thirty-three year extension
option; and
WHEREAS, Carnegie Innovation Hall will be required to provide a capital
improvement deposit in the amount of $500,000 to partially secure Tenant's
obligation to perform the capital improvements.
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 and execute, for and on behalf of the City of
Alameda, a lease with Carnegie Innovation Hall, a California nonprofit benefit
corporation, for the Carnegie Building located at 2264 Santa Clara Avenue, and
the Foster House located at 1429 Oak Street, for a thirty-three year term with one
thirty-three year option to renew, 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, for any r~ason, is 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 5th day of November, 2019, 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 sth day of November, 2019.
APPROVED AS TO FORM:
c ~
Vi bin Shen, City'A1i orney
City of Al ~da
Lara Weisig , City Clerk
City of Alam da