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Ordinance 3076 CITY OF ALAMEDA ORDINANCE NO. 3076 New Series APPROVING A LICENSE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A LICENSE AGREEMENT WITH ANTIQUES BY THE BAY, INC. FOR FIVE YEARS IN THE NORTHWEST TERRITORIES LOCATED AT 2900 NAVY WAY AT ALAMEDA POINT WHEREAS, in 1998, the Antiques By the Bay, Inc. Faire was started at Alameda Point; and WHEREAS, the faire was first held on the airfield tarmac north of Seaplane Lagoon and has grown into a regional event over the years and was relocated to the Northwest Territories just off of Main Street; and WHEREAS, the faire is held the first Sunday of every month and has a rainy day policy for the subsequent week, if there is inclement weather; and WHEREAS, the license agreement is for the use of the Northwest Territories, 2900 Navy Way; and WHEREAS, the term is from September 2012 through October 2017 ; and WHEREAS, the monthly license fee is the greater of $5,000 or 25% of gross receipts; and WHEREAS, for fiscal year 2013, the average monthly payment over the past three months has been nearly $47,000. For example, on March 4, 2013, their payment was $38,946. On April 8, 2013, their payment was $48,378; and on May 7, 2013, their payment was $46,799 ; and WHEREAS, the security deposit requirement has been waived under the original lease, however the tenant will comply with insurance and permitting requirements; and WHEREAS, because of the future development proposed by the Veteran’s Administration (VA), there have been discussions with the Antiques Faire about finding alternate locations for the event, probably on a slightly smaller scale. Additionally, this license is revocable and will not interfere with the VA’s plans if the VA’s implementation occurs within the 5-year period. 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 license agreement with Antiques By the Bay, Inc. for five years in the Northwest Territories located at 2900 Navy Way 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, subse ctions, 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 a fter 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 23rd day of July, 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 24th day of July, 2013. ______________________ Lara Weisiger, City Clerk City of Alameda