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Ordinance 2967CITY OF ALAMEDA ORDINANCE NO. 2967 New Series AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS AND DOCUMENTS FOR TERMINATION OF THE GROUND LEASE AND EXECUTION OF A MASTER LEASE THAT DIVIDES THE LEASEHOLD ESTATE THAT IS THE SUBJECT OF THE LEASE INTO THREE SEPARATE LEASEHOLD ESTATES TO BALLENA ISLE MARINA, A CALIFORNIA LIMITED PARTNERSHIP , OF REAL PROPERTY HELD UNDER LEASE BY AND BETWEEN THE CITY OF ALAMEDA AND BALLENA ISLE MARINA , A LIMITED PARTNERSHIP WHEREAS, on the day of January, 1979 , a lease , entitled "Ballena Bay Lease " of certain City-owned property was entered into by and between the City of Alameda as Lessor and Marina Operators Incorporated as Lessee; and WHEREAS , on the 28 day of October , 1982 , pursuant to Ordinance No. 2105 , N., the City consented to assignment of said Ballena Bay Lease to Almar , Ltd. And Ballena Isle Marina; and WHEREAS , on the 6 day of May, 1998 , pursuant to Ordinance No. 2759 , the City consented to the assignment from Ballena Isle Marina , a California Limited Partnership, to Ballena Isle Marina , LLC , a California Limited Liability Company; and WHEREAS , Ballena Isle Marina has proposed to subdivide their existing leasehold estate into three leasehold parcels ("Waterside - Parcel" , " Commercial Parcel", and "Remainder Parcel") and to assign its interest in the proposed Commercial Parcel to a new lessee ("certain conditions precedent") as conditions precedent to execution of a new master lease; and - . WHEREAS , Ballena Isle f\arina is requesting the City to approve , upon the occurrence o certain conditions precedent , the termination of the ground lease and executror J a master lease that divides the leasehold estate that is the subject of the lease into three separate leasehold estates to Ballena Isle Marina , LP , a California Limited Partnership, of real property held under lease by and between the City of Alameda and Ballena Isle Marina , a Limited Partnership; and WHEREAS , the City of Alameda consents to , upon the occurrence of certain conditions precedent , the termination of the ground lease and execution of a master lease that divides the leasehold estate that is the subject of the lease into three separate leasehold estates to Ballena Isle Marina , LP , a California Limited Partnership, of real property held under lease by and between the City of Alameda and Ballena Isle Marina , a Limited Partnership in the form held on file in the City Clerk's office. WHEREAS , pursuant to City Charter Section no real propert of theCity shall be leased for a period in excess of one year or sold , except upon theaffirmative vote of four members of the Council. NOW , THEREFORE , BE IT ORDAINED by the Council of the City ofAlameda, by four affirmative votes that: Section 1 . The City Council of the City of Alameda hereby approves andauthorizes, upon the occurrence of certain conditions precedent , the terminationof the ground lease and execution of a master lease that divides the leaseholdestate that is the subject of the lease into three . separate leasehold estates toBallena Isle Marina, LP , a California Limited Partnership, of real property heldunder lease by and between the City of Alameda and Ballena Isle Marina , aLimited Partnership. Section 2 . The City Manager of the City of Alameda be , and is herebyauthorized to execute, for an on behalf of the City of Alameda , all necessaryagreements and documents forthe form of Master Lease of Real Property heldunder lease by and between the City of Alameda and BaHena Isle Marina , L.P.,substantially containing the terms and conditions and covenants as set out in the Master Lease of Real Property to Ballena Isle Marina , A California Limited Partnership, of real propert held under Lease by and between the City ofAlameda and Ballena Isle Marina , lP , a California Limited Partnership. Section 3.This ordinance shall be in full forc and effect from and after the expiration of thirty (30) days from the date of i ssage. Attest: Lara Weisiger , Cit Clerk City of Alameda *** , 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 day of July, 2007 by the following vote to wit: AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18 day of July, 2007. Lara Weisiger , City I le City of Alameda