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Ordinance 2955CITY OF ALAMEDA ORDINANCE NO. 2955 New Series APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE EAST BAY REGIONAL PARK DISTRICT , AS LESSEE, AND THE CITY OF ALAMEDA, AS LESSOR , AS AN URGENCY ORDINANCE FOR A 66 YEAR LEASE FOR THE DEVELOPMENT OF THE SAN FRANCISCO BAY TRAIL PROJECT AT ALAMEDA POINT WHEREAS , the East Bay Regional Park District desires to expend $250 000 in Proposition 12 grant funds on improvements atthe 26 acre Triangle Park (sometimes referred to as "Hornet Park") in the southeast corner of Alameda Point; and WHEREAS, the East Bay Regional Park District has also pledged $250 000 in Measure AA funds for these proposed improvements; and WHEREAS , the terms of the Grant require that the District have site control over the premises to be improved by December 31 , 2006 , and must complete the improvements by December 31 2007; and WHEREAS, the City is authorized by Charter to adopt an ordinance that becomes effective upon adoption if said ordinance is one relating to "the immediate preservation of the public peace , health or safety" and a declaration of the facts constituting its urgency is stated and passed by a four-fifths vote of the Council; and WHEREAS , the proposed expenditure of $500 000 is Measure AA and Proposition 12 funds would become unavailable for "public improvements " in the absence of the adoption of an ordinance effective immediately upon adoption; and WHEREAS , a first reading on and adoption of this Ordinance on the same date will satisfy the grant requirement of having "site control" vested in the East Bay Regional Park District by December 31 2006 of the property to be improved; and WHEREAS, a 66 year lease upon a parcel of land suitable for the proposed improvements has been negotiated upon terms that are acceptable to the parties; and WHEREAS, the Council of the City of Alameda finds and determines that the use of the property proposed , to provide for recreational facilities , is in the best interests of the City; and advances the immediate preservation of public peace by making new facilities and recreational resources available to the youth of the community, and thereby reducing the potential for unlawful mischief , and advances the immediate preservation of health and safety by facilitating the removal of debris and other physical conditions that have been allowed to exist upon the property due to a lack of appropriate funding sources for rehabilitation and remediation of the land; and WHEREAS , the Council finds that said property should be leased to the East Bay Regional Park District pursuant to an urgency ordinance upon the affirmative vote of four members of the Council to pursue the immediate preserve public peace, health and safety as noted above; and WHEREAS, pursuantto City charter section 3-10, 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 Council. NOW , THEREFORE , BE IT ORDAINED by the Council of the City of Alameda, by four affirmative votes that: Section 1. The City Council finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Ordinance. Section 2. That the City Manager of the City of Alameda is hereby authorized to execute, for and on behalf of the City of Alameda , a Lease substantially in the form and containing the terms and conditions and covenants as set out hereinabove 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 immediately upon the date of its introduction and adoption on December 5 , 2006. Attest: Lara Weisiger , City Clerk City of Alameda ****** I, the undersigned , hereby certify that the foregoing Ordinance was duly andregularly adopted and passed by the Council of the City of Alameda in a regularmeeting assembled on the 5 day of December , 2006 by the following vote to wit: AYES:Councilmembets, Daysog," deHaan , Gilmore , Matarrese, and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF , 1 have hereunto set my hand and affixed the official seal said City this 6 day of December , 2006. Lara Weisiger, City Clerk City of Alameda