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Ordinance 3109CITY OF ALAMEDA ORDINANCE NO. 3109 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A SECOND LEASE AMENDMENT WITH DELPHI PRODUCTIONS, INC. FOR TWELVE MONTHS IN BUILDING 117 LOCATED AT 2251 ORION STREET AT ALAMEDA POINT WHEREAS, Delphi Productions, Inc. (Delphi) has been a tenant in Building 117 at Alameda Point since 2011, which it uses as a satellite storage facility for its main business location situated in Building 39 at Alameda Point; and WHEREAS, Delphi provides comprehensive solutions for trade shows, events, museums and retail environments throughout the world; and WHEREAS, Delphi's capabilities include creative development, design, fabrication, production as well as extensive custom rental exhibit programs; and WHEREAS, Delphi merged with GGE in October 2011 which created an organization with deeper expertise, broader capabilities and increased services for tradeshow, event, museum, media and retail customers; and WHEREAS, Building 117, located at 2251 Orion Street, is approximately ninety two thousand square feet; and WHEREAS, the sole purpose for which the premises may be used by the tenant is for design, sale, manufacture, distribution and storage of exhibit space and related activities; and WHEREAS, the monthly base rent is $11,588; 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 $11,588 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 second lease amendment with Delphi Productions, Inc. for twelve months in Building 117 located at 2251 Orion 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, Ci Clerk 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. Lara Weisiger, Cit"Clerk City of Alameda APPROVED AS TO FORM: iart0t. Kern City Attorney