Ordinance 2105CITY OF ALAMEDA ORDINANCE NO. 2105
New Series
AUTHORIZING EXECUTION OF CONSENT AND AGREEMENT RELATING
TO ASSIGNMENT TO ALMAR, LTD. AND BALLENA ISLE MARINA BY
MARINA OPERATORS INCORPORATED OF ITS INTEREST IN A LEASE
WITH CITY
WHEREAS, on the 1st day of January, 1979, a lease, entitled
"Ballena Bay Lease ", of certain real property owned by the City of
Alameda was entered into by and between the City of Alameda as
Lessor, and Marina Operators Incorporated, a California corporation,
as Lessee; and
WHEREAS, Marina Operators Incorporated has entered into an
agreement with Ballena Isle Marina, a limited partnership, and
Almar, Ltd., a California corporation and general partner in
Ballena Isle Marina, to assign to said Almar, Ltd. and Ballena Isle
Marina all of its right, title and interest in and to said "Ballena
Bay Lease ", subject to the approval of the City of Alameda as
required by Paragraph 5 of said Lease; and
WHEREAS, the present stockholders of Marina Operators
Incorporated will, by the terms of their agreement with Ballena
Isle Marina receive a.security interest in said Lease; and
j
WHEREAS, a form of Consent and Agreement between Marina
Operators Incorporated and Almar, Ltd. and Ballena Isle Marina has
been prepared and submitted to this Council and is on file in the
office of the City Clerk marked, "Filed, September 21, 1982,"
and the Council is aware of and approves the contents thereof;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF ALAMEDA that:
Section 1 . The City Manager of the City of Alameda be,
and he is hereby, authorized to execute, for and on behalf of the
City, the Consent and Agreement by Lessor which acknowledges notice
of and consents to the assignment by Marina Operators Incorporated
of all its right, title and interest in and to said Ballena Bay
Lease to Almar, Ltd. and Ballena Isle Marina and acknowledges
notice of and consents to the creation of the security interests
as set forth in said Consent and Agreement. The City Clerk is
hereby directed to attest to same.
Section 2 . 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 O cer of the Council
Approved as to Form 1
Cit torney
1, the undersigned, hereby certify that the foregoing Ordinance
was duly and regularly adopted and passed by the Council of the
City of Alameda in adjourned regular Council meeting assembled on
the 27th day of September, 1982, by the following vote to wit:
AYES: Councilmen Gorman, Stone and President Corica - 3.
NOES: None.
ABSENT: Councilman Diament
ABSTENTIONS: Councilman Sherratt
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 27th day of September, 1982.
City Cl L erk, of Ci ty