Loading...
Ordinance 3067 CITY OF ALAMEDA ORDINANCE NO. 3067 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A LEASE WITH AUCTIONS BY THE BAY FOR THREE YEARS FOR BUILDING 18 LOCATED AT 2700 SARATOGA STREET AT ALAMEDA POINT WHEREAS, the City entered into the original agreement with Auctions By the Bay for Building 18 in January 2001 and the original lease was for six years with one five year option; and WHEREAS, the lease includes use of Building 18, 7,251 square feet of office space and 18,166 square feet of theater space. The sole purpose for which the premises may be used is for use as an auction house for the sale of antiques and other merchandise, office space, public assembly for seminars, meetings, film screening, and live performances. The non-theater portion of the leased premises may be used for furniture and art restoration and reupholstery of furniture; and WHEREAS, the annual base rent for the office space is $77,328 plus three percent (3%) annual increases and the theater space has a percentage rent of twenty five percent (25%) of revenue received for the rental of the premises; and WHEREAS, the monthly base rent over the three years is $6,444 for year one, $6,637 for year two and $6,836 for year three; and WHEREAS, the City may recapture the theater and a portion of the administrative offices upon giving tenant a 60-day termination notice; and WHEREAS, under the initial lease, the tenant performed a significant capital investment in the property, so the security deposit requirement has been waived 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 with Auctions By the Bay for three years in Building 18 located at 2700 Saratoga Street 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 City of Alameda * * * * * * 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 7th day of May, 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 8th day of May, 2013. ______________________ Lara Weisiger, City Clerk City of Alameda