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Ordinance 2683CITY OF ALAEDA ORDINANCE NO. New Series 2683 APPROVING AMENDMENT TO LEASE AGREEMENT BETWEEN THE ALAEDA UNIFIED SCHOOL DISTRICT , AS LESSOR, AND THE CITY OF ALAEDA, AS LESSEE FOR PREMISES LOCATED AT 1525 BAY STREET USED AS MASTICK SENIOR CENTER WHEREAS , on June 17 , 1980, by Ordinance No. 2014, a Lease Agreement was entered between the Alameda Unified School District as Lessor, and the City of Alameda , as Lessee , for the purpose of operating the Mastick Senior Center located at 1525 Bay Street in the City of Alameda for a period of twenty (20) years from the 1st day of July, 1980; and WHEREAS , it is now mutually desirable that the Lease Agreement be extended to the 1st day of July, 2015; and WHEREAS, since the State of California may fine school districts for failing to use property for school purposes , the City of Alameda and the AlaIDp.da Unified school District have agreed to share any State imposed fine with the City's share not to exceed $5,000.00; and WHEREAS , on October 25 , 1994, the trustees of the Alameda Unified School District voted unanimously to extend and amend the Lease Agreement between the City of Alameda and the Alam da Unif iedSchool District; and WHEREAS the execution of the Amendment to Lease Agreement is deemed to be in the best interests of the City of Alameda. NOW , THEREFORE, BE IT ORDAINED by the City Council of the ci ty of Alameda that: section 1 That the Amendment to Lease Agreement, is hereby approved and accepted. section 2 . That the Mayor of the City of Alameda be, and he is hereby authorized to execute, for and on behalf of the City of Alameda , an Amendment to Lease Agreement substantially in the form and containing the terms and conditions and covenants as set out in the Amendment to Lease Agreement, attached hereto as Exhibit A, and the City Clerk is hereby authorized and directed to attestto the same. Section This ordinance s all be in full force and effect from and after the expiration of thirty (30) s from the date of its final passage. Presiding Offic.er of the City Council Attest: Yf"// ci y Clerk AMENDMENT 1 to the Lease Agreement/Mastick Scool BY THIS AMENDMENT ("Amendment 1") effece on , 1994, th Alameda Unifid School District (hereafer "the Lessor") and the Cit of Alameda (hereafter ''te Lessee ) hereby modify and amend the Le Agreement/Mas1ick School dated July 1 1980 (hereafer "te Leas"), as set fort below. WHEREAS the Lessee desires to cxtffd the term of the Lese to enable the continued use of the leased premises as a senkx cae facil and WHEREAS the Lessor desires to have available to it, either the leased premises or real estate equivalent in value to the leased premises and suitable as a subsute school SITe for the leased premises. should the Lessor s Board of Education determine that an additional or substitute school facilit is necessa or desirable to the Lessor s eductionalmission; and WHEREAS the Lessee has agreed to actively pursue avaHable real estate of equivalent value; NOW, THEREFORE, for good and vaJuable coslderation, the recpt and suffency which are hereby acknowledged, the Lessor and the Lessee aoree to modify and amendthe Lease as follows: TERM The term of the Lease is hereby extended to June 30,2015. Upon the writen agreement of the paries , the term of the Lease may be extended beyond that date. DUTIES OF THE LESSEE Commencing on the effecve date of hi5 Amendment 1 , Lessee shall make best effrt to locate, wiin the Cit of Alameda, real estte equivalent In value to the leased premises! and accptable to Disict as a substiute school site for the leased premises. Such real estate shall include real estae presently owned by the Lessee or real este owned by others that is or may be offred for sale. For purposes of this Amendment 1 the value of such real esat shall be determined based on it land value only, net of all buildings, improvements, fixtures or personal propert located thereon. Commencing on the effctve date of this Amendment 1 , the Cit EXHIBIT A Council of the Lessee, no less frequently than annually) during a regulary noticed public meetg, shaJl make a report concerning the progress of the Lessee in locang rea estate equivalent In value to the leased premises and acceptable to the Disric as a substitue schol site for the leased premises. When real estae meeting the foregoing-criteria is located. the Lessee shall promptly give writen noce to that effect to the Lessor. Thereafter within 15 days of receipt of writen noice from the Lessor, the Lessee shall obtin three apprasals of the said real estate frm three Independent quaJrned appraisers. The cost of the three appraisals shall be spilt equally by the Lessor and the Lessee. AI! three appraisaJs shall b8 made available to both the Lessor and the Lessee. Concurrently with obtainIng the three aforementoned appraisals of the said rea estate the Lessee shall obtin. from th same three independent quaified appraisers, three indeendent appraisals of the Masck Schoor. The cost of th appraisals of the Mastick School shail be split equally between the Lessor and the Lessee. All three appraisas shall be made available to both the Lessor and the Lessee. DUllES OF THE LESSOR Wlhrn 60 days of the receipt of three writen appraisals of any real estae located by the Le'3ee as provied by thiS Amendment 1 and of three writen appraisals of the Masck School by the same thee appraisers, the Lessor's Board of Educaon shall cosider the exchange of the !easd premIses for the rea este located by the Lessee, subject to applicale law and such terms and coditions as may be mutually agreed to by the Lessor and Lesse. Such consideration shall in no way obngate the Lessor to a propert exchane. For purposes of the Board of EducatiOn consideration, the value of the substite propert offered by the Lessee and that cfthe Masck School shall be that eslished by th middle of the three appraisals of each obtned by the Lessee. The Board of Educaon shall have no obllQatlon to consIder an exchange If the vaiue of the substMe proprt offered by the Lessee is less than 80% of the then current value of the leased premises. as eslished by a current appraisar obtained by the Lesor. If the vaue of the substitute propert is greater than 80% but less than 100 of the then current value of the leasd premises, the Board of Education may condIton an exchange upon payment to the Lessor by the Lessee of the monetary dfferenc in the tw appraised values. EINES OR ASSESSMENTS The Lessor and Lessee shall split evenly the cost of any fine or assessment levied against the Lessor relating to the leased premises. The LeS5ei S liabilty under this secton shan not exceed $5,00. lNCORPORATlON OF OTHER TERMS OF THE LEASE Except as may be inconsistent with the provsions of this Amendment 1, all provisions of the Lease shall remain in effct CITY OF ALAMEDA Form CITY ATTORNEY RECOMMNDED FOR APPROVAL: (2t!) Assistant City Manager the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City Alameda in regular meeting assembled on the 6th day of December 1994 by the following vote to wit: AYES:Councilmembers Appezzato, Arnerich, Lucas, Roth and President Wi throw - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the off icial seal of said City this 7th day of December , 1994. ,!C fJ. ItJ/Diane B. Felsoh , City Clerk City of Alameda