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Ordinance 3108CITY OF ALAMEDA ORDINANCE NO. 3108 New Series APPROVING THE SECOND AMENDMENT TO THE LEASE AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE DOCUMENTS TO IMPLEMENT THE TERMS OF A SECOND LEASE AMENDMENT WITH KAI CONCEPTS LLC FOR TWELVE MONTHS IN A PORTION OF BUILDING 168 LOCATED AT 1651 VIKING STREET, SUITE 300 AT ALAMEDA POINT WHEREAS, Kai Concepts has been a tenant in a portion of Building 168 at Alameda Point since May 2013; and WHEREAS, Kai Concepts is the home of the Kiteboat Project where a team of marine architects, sailors, and software developers are building and testing kites for large-scale propulsion in waterborne transportation; and WHEREAS, Kite propulsion has primarily been used for kitesurfing and in single- person traction kiting. In small-scale kiting, the force of the kite can be controlled by an individual holding on to the kite directly, but as the kite gets larger, harnessing its power becomes more difficult; and WHEREAS, The Kite Project's mission is to design a purpose-built vessel that is specifically designed to harness kite power and to advance kite design and kite controls to the point that power-assisted or autonomously controlled kites can be used by a broad audience; and WHEREAS, The lease which was entered into upon authority of the City Manager granted Kai Concepts two options to extend the term of the lease for a period of four months each; and WHEREAS, The term of the lease, as amended, expired on June 4, 2014 and Kai Concept continues to occupy a portion of Building 168 on a month-to-month tenancy; and WHEREAS, The portion of Building 168, located at 1651 Viking Street, Suite 300 is approximately twenty eight thousand five hundred thirty-six square feet and the adjacent land is approximately seventeen thousand two hundred seventy square feet; and WHEREAS, the monthly base rent is $11,182; and WHEREAS, in addition to Base Rent, the tenant shall pay its share of common area maintenance costs, all costs for services, utilities and taxes for the Premises, and comply with lease requirements for insurance; and WHEREAS, under the lease amendment, the tenant is required to make a security deposit of $11,182 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; and WHEREAS, Alameda City Charter Section 3-10 requires an affirmative vote of 4 members of the City Council to approve a lease for a term over one year. 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 second lease amendment with Kai Concepts, LLC. for twelve months in a portion of Building 168 located at 1651 Viking Street, Suite 300 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 Weisiger, CitWClerk Presiding Officer of the City Council 2 I, the undersigned, hereby certify that the foregoing resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 16th day of September, 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 17th day of September, 2014. APPROVED AS TO FORM: Ja- C. Kern Attorney 3 Lara Weisiger, City C(ejk City of Alameda