Ordinance 2764CITY OF ALAMEDA ORDINANCE NO. 2764
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
AGREEMENTS AND DOCUMENTS FOR ASSIGNMENT OF GROUND LEASE
TO HAOR BAY STORAGE , A LIMITED LIABILITY COMPANY , OF REAL
PROPERTY HELD UNDER LEASE BY AND BETWEEN THE CITY OF
ALAMEDA AND HARBOR BAY VILLAGE FIVE ASSOCIATES , A
CALIFORNIA LIMITED PARTNERSHIP
WHEREAS , on April 5 , 1989 , by Ordinance No. 2486 , the City Council of the City of
Alameda approved a Ground Lease Agreement between the City of Alameda and Harbor Bay Isle
Associates , a General Parership; and
WHEREAS , on May 30 , 1995 , the City Council of the City of Alameda approved an
Assignent of Lease from Harbor Bay Isle Associates to Harbor Bay Vilage Five Associates , a
California Limited Parership; and
WHREAS , the Ground Lease required the lessee to constrct a recreational vehicle parking
and ministorage facilty ("the Improvements ); pay a minimum anual rent of $5 000 , adjusted
anually by a CPI factor; and pay 50% of any net income that exceeds the minimum rent; and
WHREAS , Harbor Bay Vilage Five Associates now desires to form a Californa Limited
Liabilty Company for the purose of fuding and implementing the improvements required under
the Ground Lease and , therefore , desires to assign its interest in the Ground Lease to Harbor Bay
Storage , a Californa Limted Liability Company.
NOW , THEREFORE, BE IT ORDAIED by the Council of the City of Alameda that:
Section 1 . The City Council of the City of Alameda hereby approves the Assignment by
Harbor Bay Vilage Five Associates , a Californa Limited Parership, of its interest in the
Assignment of Ground Lease between the City of Alameda, to Harbor Bay Storage , a Limited
Liability Company.
Section 2 . The City Manager of the City of Alameda be , and is hereby authorized to execute
for and on behalf of the City of Alameda, all necessar agreements and documents approving the
Assignment of Lease to Harbor Bay Storage , a Limited Liabilty Company, of Real Property held
under Lease by and between the City of Alameda and Harbor Bay Vilage Five Associates , a
Californa Limited Parership, substatially in the form and contaning the terms aid conditions and
covenants as set out in the Assignment of Ground Lease , attached to the staff report submitted to
City Council on May 19, 1998.
Section 3 . This ordinance shall be in full force and effect from and after the expiration of
thirt (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 regular meeting assembled on the 2nd
day of June , 1998, by the following vote to wit:
AYES:Councilmembers DeWitt, Lucas and
President Appezzato - 3.
NOES:Counci 1 members Daysog and Kerr - 2.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of June , 1998.
Di e Felsch , City
City of Alameda