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Ordinance 3091CITY OF ALAMEDA ORDINANCE NO. 3091 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A SECOND LEASE AMENDMENT WITH MARGARET SU DBA WONKY AND WONKY KITCHEN LLC EXTENDING THEIR CURRENT LEASE FOR UP TO TWELVE MONTHS IN BUILDING 119 LOCATED AT 151 WEST SEAPLANE LAGOON AT ALAMEDA POINT WHEREAS, the City entered into the original lease agreement with Wonky and Wonky Kitchen LLC for Building 119 in August 2012 and the initial term of the lease was for one year; and WHEREAS, the proposed lease amendment adds twelve months to the existing agreement and will expire in December 2015; and WHEREAS, Building 119 is approximately 4,700 square feet; and WHEREAS, the tenant has made improvements to the building to accommodate its commercial kitchen use; and WHEREAS, the rent under the proposed lease amendment will be slightly increased from one thousand seven hundred dollars ($1,700) monthly or $20,400 annually to two thousand dollars ($2,000) monthly or $24,000 annually; and WHEREAS, the sole use for which the premises may be used by the tenant is for commercial kitchen use for food production and packaging. Additionally, the tenant may rent a portion of the premises up to a maximum of 1,600 square feet for commercial kitchen use; and WHEREAS, in addition to the base rent, the tenant has provided a $1,645 security deposit, representing one month's rent under the previous agreement and the tenant will comply with all other leasing requirements including providing insurance that is satisfactory to the City. 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, subject to approval by the City Attorney, (A) to execute, for and on behalf of the City of Alameda, a lease with Margaret Su dba Wonky and Wonky Kitchen LLC for twelve months in a portion of Building 119, located at 151 W. Atlantic Avenue at Alameda Point; (B) to negotiate and execute amendments, revisions or addendums which do not materially change the lease terms, including but not limited to rent and term, and which are required to implement the intent of the lease; and (C) to negotiate and execute corresponding documents necessary to implement the terms of the lease 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 reason, 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: Lara Weisiger, Clerk residing Officer of he City Council I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the 1st day of April, 2014, by the following vote to wit: AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and Mayor Gilmore — 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 2nd day of April, 2014. Lara Weisiger, Clerk City of Alameda