Loading...
Ordinance 1936CITY OF ALAMEDA ORDINANCE NO. 1936 New Series AUTHORIZING EXECUTION OF LEASE OF CERTAIN TIDE AND SUBMERGED LANDS TO MARINA OPERATORS, INC., A CALIFORNIA CORPORATION (BALLENA BAY) WHEREAS, pursuant to Ordinance No. 1465 N.S., passed June 3, 1964, the City granted to Bernhard & Associates an exclusive license, right and privilege to certain salt marsh, tide and submerged lands owned by the City for the purposes of filling, improving, developing, operating and leasing said lands, and on October 6, 1964, entered into an agreement with said Bernhard & Associates therefor; and WHEREAS, by its Resolution No. 7171, adopted July 18, 1967, the City consented to the assignment of said agreement from Bernhard & Associates to Pan- Pacific Development Company, a California corporation, in the manner provided for in Part III, paragraph (i) of said agreement; and WHEREAS, pursuant to Ordinance No. 1565 N.S., passed March 6, 1968, the City approved the execution of an amendment to said agreement, to be denominated "Master Lease," and on April 17, 1968, executed said Master Lease with said Pan - Pacific Development Company; and WHEREAS, pursuant to Ordinance No. 1694 N.S., passed June 19, 1973, the City approved the execution of an amendment to said Master Lease for the purpose of amending the description of the leased property, and on July 31, 1973, executed said -1- 1 amendment with Pan - Pacific Development Company; and WHEREAS, pursuant to Ordinance No. 1909 N.S., passed February 21, 1978, the City authorized the execution of an Acknowledgment by Lessor, dated February u, 1978, acknowledg- ing notice of and consenting to the assignment by Pan - Pacific Development Company of all its right, title and interest in and to said Master Lease to Marina Operators, Inc.; and WHEREAS, the Master Lease was assigned to Marina Operators, Inc, on March 24, 1978; and WHEREAS, Marina Operators, Inc. has proposed to increase its payments under the terms of said Master Lease by $14,000 per year to offset the loss of ad valorem revenue to the City due to Proposition 13, passed by the people of the State of California on June 6, 1978, and in return for such action have requested the execution of a new lease for a term of twenty - five (25) years commencing January 1, 1979, and for the right of renewal of said lease for an additional term of twenty -five (25) years commencing January 1, 2004; and WHEREAS, the Council of the City of Alameda has considered said matter and believes it to be to the best interests of said City to cancel the existing lease and to enter into a new lease with Marina Operators, Inc., and WHEREAS, a form of lease, entitled Ballena Bay Lease, containing the covenants and agreements to be agreed upon by and between the City and Marina Operators, Inc., has been prepared -2- and submitted to this Council and filed with the City Clerk, and said Council is aware of and approves the contents thereof; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1 . The form of lease referred to in the pre- amble hereinabove, and the terms, conditions, covenants and agreements contained therein be, and the same hereby are, approved. Section 2 . The Mayor of the City of Alameda be, and he hereby is, authorized to execute, for and on behalf of the City of Alameda, a lease of said lands to Marina Operators, Inc., a California corporation, said Ballena Bay Lease to be substan- tially in the form and containing the terms, conditions, covenants and agreements set forth in said form of lease, and the City Clerk is hereby directed to attest the same. Section 3 . Upon the execution and delivery of said Ballena Bay Lease and upon its effective date,to -wit, on the lst day of January, 1979, that certain Master Lease between the City of Alameda and Pan- Pacific Development Company dated April 17, 1968 and assigned to Marina Operators, Inc. on March 24, 1978 shall cease, terminate and be deemed canceled as of said date. Section 4 . 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. -3- Attest: Pres fig Officer of the Council o City Clerk Ln - 0 w 6 -4- 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 regular meeting assembled on the 19th day of September, 1978, by the following vote, to wit: AYES: Councilmen Beckam, Diament, Tillman, and President Corica, (4). NOES: None. ABSTAINING: Councilman Sherratt, (1). ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of September, 1978. City Clerk of the City of Alameda