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Ordinance 2869CITY OF ALAMEDA ORDINANCE NO. 2869 New Series APPROVING AND AUTHORIZING THE EXECUTION OF FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN UNTED STATES OF AMERICA , AS LESSEE , AN THE CITY OF ALAMEDA , AS LESSOR , TO REDUCE THE LEASED PREMISES LOCATED AT COAST GUAR ISLAND FROM 4.37 ACRES TO 0.015 ACRES WHEREAS , Ordinance No. 1996 , adopted by the City Council on January 16 , 1980 authorized the execution of a Lease between the United States of America (U.S. Coast Guard Lease No. 80-068867) and the City of Alameda, of a parcel of submerged lands , approximately 110 feet by 180 feet for 25 years with a 25 year extension for use as boat docks; and WHEREAS, Ordinance No. 2047 , adopted by the City Council on May 6 , 1981 , authorized the execution of a Lease between the United States of America (U.S. Coast Guard Lease No. 81- 119041) and the City of Alameda, of an additional 4.37 acres of submerged lands for 25 years with a 25 year extension for use as boat docks; and WHEREAS, on January 8 , 2001 , the U.S. Coast Guard formally requested the City of Alameda to terminate Lease No. 81-119041 associated with the boat docks , as the boat docks were being removed to provide space for a new bridge; and WHEREAS , on August 15 , 2001 , the U.S. Coast Guard formally requested the City of Alameda to amend the existing Lease, rather than terminate , to reduce the Leased premises from 4. acres to 0.015 acres; and WHREAS , on November 13 2001 , the U.S. Coast Guard requested the Lease term for the 015 acres Leased Premises be modified to coincide with the Federal Fiscal Year and to commence on October 1 2001; and WHEREAS On November 13 2001 , the U.S. Coast Guard requested a modification to the Liability clause to incorporate curent federal regulations; and WHEREAS , the 0.015 acre parcel is partially within a permanent easement previously granted to the United States of America (U.S. Coast Guard) by the City Council and is legally defined in Exhibit A , attached to the staff report presented to City Council on December 2001; and WHEREAS , pursuant to City Charter 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 ORDAIED by the Council of the City of Alameda that: Section 1 . That the form of lease amendment referred to in the preamble hereof, and the terms , conditions and covenants contained therein , be and the same are approved upon the affrmative vote of four members of the City Council. Section 2 . That the City Manager of the City of Alameda or his designee is hereby authorized to execute , for and on behalf of the City of Alameda , the Amendment to Lease substantially in the form and containing the terms and conditions and covenants as set out in the Amendment to Lease, attached to the staff reported presented to Council on December 2001 and the City Clerk is hereby authorized and directed to attest to the same. 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: Lara Weisiger, City CI ****** , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18th day of December, 2001 by the following vote to wit: AYES:Councilmembers Daysog, De Witt , Johnson and Mayor Appezzato - 4. NOES:None. ABSENT:Councilmember Kerr - 1. ABSTENTIONS:None. IN WITNESS , WHEREOF, I have hereunto set my hand and affixed the offcial seal of said City this 19th day of December, 2001. W06i Lara Weisiger, Cit City of Alameda lerk