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Ordinance 3100CITY OF ALAMEDA ORDINANCE NO. 3100 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF THE FIRST LEASE AMENDMENT WITH ENVIRONMENTAL MANAGEMENT SERVICES FOR TWELVE MONTHS IN A PORTION OF BUILDING 7, SUITE 103 AND 112 LOCATED AT 851 WEST MIDWAY AVENUE AT ALAMEDA POINT WHEREAS, Environmental Management Services (EMS) has been a tenant in a portion of Building 7 at Alameda Point since November 2013; and WHEREAS, Building 7 is the only multi- tenanted full service building at Alameda Point. It was formerly a biotech incubator offering wet labs to multiple subtenants.; and WHEREAS, EMS supports US Navy sub - contractors (Tetra Tech and CBT) for remediation and removal of hazardous materials. EMS specializes in radiation removal and gathers samples which are shipped off site to a laboratory for testing. They also broker the disposal of such materials to certified facilities; and WHEREAS, the lease is for twelve months; and WHEREAS, the premise which is a combination of Suite 112 consisting of 570 rentable square feet and suite 103 consisting of 482 rentable square feet are all situated within Building 7 located at 851 West Midway Avenue; and WHEREAS, the monthly base rent is $894.20 plus a monthly Common Area Maintenance Fee of $589.12; and WHEREAS, in addition to Base Rent and Common Area Maintenance Fee, the tenant shall pay for all costs for services, utilities and taxes for the Premises, and comply with lease requirements for insurance.; and WHEREAS, under the lease the tenant is required to make a security deposit equal to one month rent 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 amendment with Environmental Management Services for twelve months in a portion of Building 7, Suite 103 and 112 located at 851 West Midway Avenue 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. Attest: Lara Weisigeic ity Clerk residing Officer of the City Council 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 15th day of July, 2014, 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 16th day of July, 2014. Lara Weisiger, 54/ Clerk City of Alameda