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Ordinance 2787CITY OF ALAMEDA ORDINANCE NO. 2787 New Series APPROVING AND AUTHORIING THE EXECUTION OF A SUBLEASE BETWEEN THE CITY OF ALAMEDA , AS SUBLESSOR AND BOBEC COMPANY , A CALIFORNIA CORPORATION , AS SUBTENANT , FOR A PORTION OF BUILDING #2 AT THE ALAMEDA FACILITY OF THE FLEET INDUSTRIAL SUPPLY CENTER (FISC) WHREAS , the United States of America, acting by and though the Deparent of the Navy the Government"), has declared the Alameda Facilty of the Fleet Industral Supply Center (FISC) surplus at the (former) Naval Air Station , Alameda; and WHEREAS , Section 67 of the Deparment of Defense Appropriations Act of 1996 , Public Law 104-106, authorizes the Secreta of the Navy to transfer the FISC property to the City ofAlameda at no or nominal consideration; and WHEREAS , on Februar 3 , 1998 , by Ordinance 2752 , conditioned upon prior conveY'Tlce of the propert to the City by the Secreta of the Navy, the City of Alameda approved a contract of sale for the FISC property from the City of Alameda to the Community Improvement Commission =( CIC"); and WHREAS , in the interim period prior to conveyance of the propert to the City of Alameda the Unite States of America, actig by and though the Deparent of the Navy ("the Government" is authorized to lease portions of the FISC property as the Secreta of the Navy determnes are m available to the City of Alameda for nominal consideration , pursuant to the provision of Public Law =( 1 02 484, section 2834(b); and WHREAS , the Government, as Lessor and the City of Alameda , as Lessee , have proposed to enter into a Prme Lease for ttte norterly approximately 97.1 acres of FISC propert, effective Januar 14, 1999; and WHEREAS , the City of Alameda has an immediate need to use the portions of the FISC property described in the Prime Lease , for uses which include subleasing property to sub-tenants; and WHEREAS , Bobec Company has fied an application with the Alameda Reuse and Redevelopment Authority staff, acting for the City of Alameda in leasing the FISC property, for a sublease of approximately 150 000 square feet of the western portion of Building #2 for commercial warehousing of imported and exported materials; and WHEREAS , on November 23 , 1998 , the City of Alameda Planning Board approved the Mitigated Negative Declaration and Mitigation Monitoring Plan for the Interim Lease Program for the former Fleet Industrial Supply Center (FISC) and approved the Interim Lease Program ("IS-96- 1 0); and WHEREAS , on November 23 , 1998 , the City of Alameda Planning Board granted the Alameda Reuse and Redevelopment Authority and Bobec Company Use Permit UP-98-47 to aJIow commercial warehouse use for imported and exported materials in approximately 150 000 square feet of the western portion of Building #2 at the FISC property; and WHEREAS , pursuant to City Charer section 3-, no real property of the City shall be leased for a period in excess of one year or sold, except upon the affirmative vote of four members of the City Council. NOW , THEREFORE, BE IT ORDAI D by the Council of the City of Alameda and upon the affirmative vote of four members of the City Council that: Section 1.The City Council of the City of Alameda hereby approves and authorizes the execution of the Sublease the City of Alameda , as sublessor and Bobec Company, a California Corporation , as Subtenant , for a portion of Building #2 of the Alameda Facility of the Fleet Industral Supply Center (FISC). A copy of the Sublease is on fie in the Offce of the City Clerk. 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 , the Sublease , substantially in the form and containing the terms and conditions and covenants as set out in the Sublease , as copy of which is on fie in the Office of the City Clerk. 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 pass age. Attest: ****** , 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 15th day of December , 1998 , by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and President Appezzato - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the official seal of said City thi s 16th day of December , 1998. Diane Felsch , City Clerk City of Alameda