Ordinance 3064CITY OF ALAMEDA ORDINANCE NO. 3064
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE
TERMS OF A LEASE AMENDMENT WITH THE ARTEMIS RACING,
USA EXTENDING THEIR CURRENT LEASE FOR UP TO ONE
YEAR IN BUILDING 12 LOCATED AT 1050 WEST TOWER, A
PORTION OF TAXIWAY H AND ACCESS TO THE SEAPLANE
LAGOON AT ALAMEDA POINT
WHEREAS, Artemis Racing, USA has been a tenant at Alameda Point since
May 2012, and the team has made Alameda its home, attracting 80 sailors, their
families and supporting the marine industry throughout the region; and
WHEREAS, Artemis Racing USA, Challenger of Record for the 34th America’s
Cup, represents the Royal Swedish Yacht Club; The America’s Cup 34 racing
event is happening this summer in the San Francisco bay area; and
WHEREAS, Building 12 is a 110,561 square foot building, the portion of
Taxiway H proposed for use is 22,604 square feet and the City has entered a
license agreement with the Navy for access to the Seaplane Lagoon; and
WHEREAS, The base monthly rent on a triple net basis from January 2013
until May 30, 2013 is $23,400; and
WHEREAS, The base monthly rent on a triple net basis from June 2013 until
lease expiration is $25,000; and
WHEREAS, If Artemis remains in Alameda without use of Taxiway
H/Seaplane Lagoon area, the rent will be reduced by $3,400 to $21,600 per
month; and
WHEREAS, In addition to the base rent, the City holds a $20,000 security
deposit and the lease contains the standard insurance, indemnity, assignment
and termination clauses ARRA required in its leases and compliant with the
Lease in Furtherance of Conveyance (LIFOC).
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that by four affirmative votes that:
Section 1. The City Manager of the City of Alameda or his designee is hereby
authorized to negotiate, execute, for and on behalf of the City of Alameda, a
lease amendment with the Artemis Racing, USA extending their current lease for
up to one year in Building 12 located at 1050 West Tower, a portion of Taxiway H
and access to the Seaplane Lagoon at Alameda Point, 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 2. If any section, subsection, sentence, clause, or phrase of this
ordinance, for any reason, is held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council of the City of Alameda hereby declares that it would
have passed this ordinance, and each section, subsections, clause, or phrase
hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases are declared to be invalid and unconstitutional.
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 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 Council of the City of Alameda in
regular meeting assembled on the 19th day of March, 2013, by the following
vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, 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 20th day of March, 2013.
______________________
Lara Weisiger, City Clerk
City of Alameda