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Ordinance 3045CITY OF ALAMEDA ORDINANCE NO. 3045 New Series APPROVING A LEASE WITH PACIFIC SHOPS, INC., A CALIFORNIA CORPORATION, FOR AN INITIAL TERM OF 25 YEARS WITH A 41 YEAR OPTION FOR THE TIDELANDS PROPERTY LOCATED ALONG CLEMENT STREET BETWEEN ALAMEDA MARINA DRIVE AND WILLOW STREET, GENERALLY KNOWN AS ALAMEDA MARINA WHEREAS, the City is owner of certain tidelands real property located on the Oakland /Alameda estuary waterfront along Clement Street between Alameda Marina Drive and Willow Street; and WHEREAS, City acquired such tidelands property from the State of California by Stats. 1913, Chapter 348, as has been amended from time to time; and WHEREAS, Pacific Shops, Inc, a California corporation doing business as Alameda Marina ( "Pacific Shops "), the owner of the abutting upland fee property, is currently leasing the tidelands property from the City pursuant to an existing lease agreement which expires in May 2015; and WHEREAS, the City and Pacific Shops desire to upgrade and improve the Alameda Marina; and Pacific Shops is willing to make such an investment and further is interested in pursuing the redevelopment of its adjoining upland property in exchange for a new lease with an initial term of 25 -years with a 41- year option to extend as well as other mutually acceptable terms and conditions as set forth in the new lease attached to the Staff Report presented to the City Council on May 1, 2012 ( "New Lease "); and WHEREAS, pursuant to City Charter Article III Section 10, no real property of the City shall be leased for a period in excess of one year except upon the affirmative vote of four members of the City Council. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that: Section 1. The New Lease (as defined above) is approved upon the affirmative vote of four members of the City Council. Section 2. 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 New Lease, subject to such technical or clarifying revisions as are reasonably determined necessary by the City Manager and approved by the City Attorney, and the City Clerk is hereby authorized and directed to attest to the same. Section 3. The City Manager, or his designee, is hereby further authorized and directed to execute all documents or instruments and to take any additional actions that do not require the expenditure of City funds as may be necessary or appropriate to carry out the provisions of the New Lease on behalf of the City. Section 4. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding Officer of the City Council Attest: Lara Weisiger, City Clerk I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the City Council of the City of Alameda in a Regular Meeting of the Alameda City Council on the 15th day of May, 2012 by the following vote to wit: AYES: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore — 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 16th day of May, 2012. LAIC- Lara Weisiger, City Cle.rrk City of Alameda