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Ordinance 3068 CITY OF ALAMEDA ORDINANCE NO. 3068 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 FIVE YEARS IN BUILDING 525 LOCATED AT 2751 TODD STREET AT ALAMEDA POINT WHEREAS, the City entered into the original agreement with Auctions By the Bay for Building 525 in January 2001 and the original lease was for six years with one five-year option; and WHEREAS, the lease includes the use of Building 525, a 23,208-square-foot premise; and WHEREAS, the monthly base rent over the five years is $10,163 per month for year one, $10,468 per month for year two, $10,782 per month for year three, $11,105 per month for year four and $11,438 per month for year five; and WHEREAS, the sole purpose for which the premises may be used by the tenant is for warehouse, pre-sale viewing of antiques and other merchandise, auction house purposes, ancillary office uses and other uses permitted by the City of Alameda Use Permit; and WHEREAS, under the initial lease, the tenant performed significant capital investment in the property as part of developing the theater/auction house location, so the security deposit requirement has been waived and the lease contains the standard insurance, indemnity, assignment and termination clauses the ARRA required in its leases and compliant with the Lease in Furtherance of Conveyance (LIFOC) with the United States Navy. 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 five years in Building 525 located at 2751 Todd 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