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Ordinance 3110CITY OF ALAMEDA ORDINANCE NO. 3110 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A LEASE WITH NATEL ENERGY, INC. FOR THREE YEARS WITH AN ADDITIONAL THREE YEAR OPTION IN BUILDING 400A LOCATED AT 1090 W. TOWER AVENUE AT ALAMEDA POINT WHEREAS, Natel Energy (Natel) was founded in 2005 by Massachusetts Institute of Technology alumni and siblings Gia and Abe Schneider; and WHEREAS, with the creation of hydroEngine, a product that can be installed in irrigation canals and generates power from drops as low as five feet, Natel is revolutionizing the field of hydropower; and WHEREAS, the United States Trade and Development Agency awarded them a grant to develop two pilot projects and screen sites totaling up to 100 MW in Chile; and WHEREAS, the company has sixteen highly skilled employees and has, together with Makani Power (now Google), helped put Alameda on the map for other clean-tech companies; and WHEREAS, Natel is currently leasing a portion of Building 19 with Google (formerly Makani Power) located at 2175 Monarch Street at Alameda Point; and WHEREAS, Building 400A, located at 1090 W. Tower Avenue, is approximately sixty five thousand four hundred square feet; and WHEREAS, the proposed lease with Natel is for three years with an additional three year option; and WHEREAS, the sole purpose for which the premises may be used by the tenant is for office, engineering, research and development, prototyping workshop and related uses; and WHEREAS, Natel is entitled to an abatement of Base Rent for the first two (2) calendar months of the term; and WHEREAS, the monthly base rent is $25,506 for months one and two, $25,506 for months three to fourteen, $25,506 for months fifteen to twenty-six and $26,814 for months twenty-seven to thirty-eight; and WHEREAS, the tenant will be required to provide a security deposit equal to $25,000 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 Natel Energy, Inc. for Building 400A located at 1090 W. Tower Avenue at Alameda Point for three years with an additional three year option, 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 if, for any reason, 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. 021a,j,i,;1JJ,AAA4'14 Presiding Officer of the City Council Attest: Lara Weisiger, Cit Jerk 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, C* Clerk City of Alameda FTIVSINV � • O� J a tL�t, City ,C. Kern Attorney