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2003-02-05 ARRA PacketAGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Wednesday, February 5, 2003 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. 2 -A. Recommendation to authorize the Executive Director to approve a Consent to Assignment of Sublease for Simmba Systems, LLC at Alameda Point. 2 -B. Recommendation to authorize $195,523 in additional funds for the Naval Air Station (NAS) Alameda Replacement Wastewater Interceptor System Project. 3. REGULAR AGENDA ITEMS None. 4. ORAL REPORTS 4 -A. Oral report from APAC. 4 -B. Oral report from the Executive Director (non- discussion items). 5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 6. COMMUNICATIONS FROM THE GOVERNING BODY 7. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms ARRA Agenda — February 5, 2003 Page 2 This meeting will be cablecast live on channel 15. The next regular ARRA meeting is scheduled for Wednesday, March 5, 2003. Notes: • Sign language interpreters will be available on request. Please contact the ARRA Secretary, Lucretia Akil at 749- 5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. Alameda Reuse and Redevelopment Authority Inter- office Memorandum January 29, 2003 To: Honorable Members of the Alameda Reuse and Redevelopment Authority From: Jim M. Flint City Manager /Executive Director Subject: Background Recommendation to Authorize the Executive Director to Approve a Consent to Assignment of Sublease for Simmba Systems, LLC at Alameda Point Simmba Systems, LLC, a document storage company, occupies approximately 80,000 square feet at Building 9 at Alameda Point. The term of its lease is five (5) years beginning June 1, 1998 through May 31, 2003. Simmba Systems also has an option to renew for two consecutive five (5) year terms. Discussion /Analysis Simmba Systems is experiencing tremendous growth at Alameda Point. In anticipation of continued expansion, Simmba Systems is merging its assets into a new entity, GRM Information Management Systems of San Francisco LLC, doing business as Simmba/GRM Information Management Services. As such, Simmba Systems has requested and APCP has concurred, that its current Sublease be assigned to the new company. The Consent to Assignment of Sublease (without attachments) is attached. The complete Consent to Assignment of Sublease documents are on file with the City Clerk. Fiscal Impact None Recommendation The Executive Director recommends that the ARRA authorize the Executive Director to approve this Consent to Assignment for Simmba Systems to Simmba/GRM Information Management Services. Attachment: Consent to Assignment JF/DP /la Respectfully Submitted, James M. Flint City Manager /Executive Director By: Debbie Potter Base Reuse and Redevelopment Manager Dedicated to Excellence, Committed to Service G: \Comdev\Base Reuse& Redevp \ARRA \STAFFREP\2003\Simmba Assig ment.020503.rtf Appendix G CONSENT TO ASSIGNMENT OF SUBLEASE THIS CONSENT TO ASSIGNMENT OF SUBLEASE is entered into on this day of January, 2003, by and between SIMMBA Systems, L.L.C. ( "Simmba ") and Alameda Reuse and Redevelopment Authority ( "Landlord ") in order to evidence Landlord's consent to Simmba's assignment of all of its rights asSublessee under that certain Agreement of Sublease, dated June 15, 1998, as amended on July 6, 2000 and March 9, 2001 (the "Sublease "), a copy of which is attached hereto as Exhibit A. The parties hereby agree and stipulate as follows: I. Landlord consents to the assignment of Simmba's rights under the Sublease to GRM Information Management Services of San Francisco, LLC, a Delaware limited liability company (the "Assignee "). The assignment shall be effective as of the closing of.the sale of substantially all of the assets of Simmba to Assignee (the "Closing "), provided that if the Closing does not occur on or before February , 2003, this instrument shall he null and void and of no further force and effect, 2. Landlord acknowledges that, as of the date of this Consent, (a) Simmba has paid all rents, (b) to Landlord's knowledge, Simmba has complied with all of the terms and conditions of the Sublease, and (c) the Sublease is in full force and effect. 3. Landlord acknowledges that after the Closing, Assignee shall assume and agree to be bound by and perform all covenants, conditions, obligations and duties of Simmba under the Sublease to be performed after the date of the Closing and shall have the same rights under the Sublease as if it were the original tenant thereunder and shall be entitled to the benefits of all of the covenants on the part of the Landlord to be performed under the Sublease. Landlord agrees that Simmba shall remain sole ly responsible for and shall perform all of its covenants, conditions, obligations and duties under the Sublease to be performed on or prior to the date of the Closing, and that Assignee shall have no obligation with respect thereto. 4. The assignment of Simmba's rights under the Sublease shall be evidenced by the Assignuncnt of Sublease, the form of which is attached hereto as Exhibit 13, 5. All of the remaining; terms and conditions set forth in the Sublease shall remain in full force and effect and are hereby ratified, confirmed and continued by the undersigned in all respects. IN WITNESS WHEREOF, the undersigned has executed this Consent as of the date first written above. CI U) 304 1298300S:2 utu703 1S49C 02020W5 Ed WdbT:SO 200E 6E •uef ALAMEDA REDS; ND ` ,D . OPMENT AUTHO �, Y Its: Approve i as to arm •1Z GENERAL UNSEL EL62T SOtiS : ON XH.d ENWIS: WOcid Alameda Reuse and Redevelopment Authority Inter - office Memorandum January 29, 2003 To: Honorable Members of the Alameda Reuse and Redevelopment Authority From: James M. Flint City Manager /Executive Director 2 -B Subject: Recommendation to Authorize Additional Funds Totaling $195,523 for Naval Air Station (NAS) Alameda Replacement Wastewater Interceptor System Project Background On May 4, 1999, the City Council authorized the City Manager to enter into an agreement with the Port of Oakland and East Bay Municipal Utility District (EBMUD) for the design of the Alameda Point Estuary Sewer Relocation project also known as Naval Air Station (NAS) Alameda Replacement Wastewater Interceptor System Project. The main sewer line for Alameda Point was upgraded and relocated from its southerly estuary crossing to a new crossing near the existing EBMUD interceptor at the Webster Street tube. The project was built in three phases: Phase 1 - Discharge Pipe - a new force main from Alameda Point Pump Station No. 1 to the EBMUD junction structure near the Webster Street Tube, Phase 2 - Estuary Crossing - a new siphon across the estuary near the Webster Street Tube, Phase 3 - Pump Station Upgrades - structural, mechanical, and building upgrades for Naval Air Station Pump Station No. 1 At the March 7, 2000, City Council meeting, the City Council authorized the City Manager to enter into an agreement for construction of these facilities and authorized $3,600,000 for the project. On June 5, 2001, the City Council authorized additional funds for the project to cover added work items associated with pump station upgrades. The added work included new generators, making the generator building compatible with the historic district, adding pile foundations to compensate for poor soils, converting to a two -speed pump to accommodate for the large discrepancy between existing and future flows, including manned operations for by -pass flows during construction, and landscaping. Although the total cost of these items was estimated at $800,000, staff requested only $500,000 since, at the time, EBMUD projected estimated savings of $300,000 from the Phase 1 Discharge Pipeline portion of the project. These savings were not realized due to increased construction and design costs associated with poor soil conditions and structural complications connecting to the junction structure. Dedicated to Excellence, Committed to Service Honorable Members of the Alameda Reuse and Redevelopment Authority DISCUSSION /ANALYSIS Page 2 January 29, 2003 In July 2002, EBMUD notified Public Works staff that the final accounting on the Estuary Sewer project may result in a request for additional funds of up to $600,000 due to claims filed by the design Consultant and contractor. Staff initially reviewed the claims with EBMUD and negotiated a maximum exposure for Alameda of $350,000. The Alameda Point Transition Team included this amount in their budget. On December 11, 2002, Public Works received a final cost accounting from EBMUD for this project. The final invoice from EBMUD was delayed due to a contract claims resolution process with their design consultant. Based on this final accounting, EBMUD requested the City provide an additional $294,687 to cover unanticipated project design costs. The agreement between the City and EBMUD requires EBMUD to obtain prior written authorization for cost increases. EBMUD did not receive prior written authorization from the City for these expenditures. Prior authorization was not possible since these added costs were associated with contract claims resolution. In addition, the estimated construction savings from the Phase 2 Discharge Pipe, which were expected to cover a portion of the Phase 3 increased costs, did not materialize due to unanticipated and unforeseen Phase 2 construction issues. Although the City is not obligated to pay these costs, City staff has reviewed the final accounting and determined that several items were justified and directly benefit the City. These items include: added costs for right of way engineering associated with modified discharge pipe alignment needed to avoid conflicts with unknown utilities and structures; re- design of attachment to wharf structure to enhance stability; and addition of a generator building and landscaping requested by the City to improve compatibility with adjacent land uses. Based on this analysis, City staff has negotiated a lower cost of $195,523 for added work. This cost is net of interest owed to the City by EBMUD. As part of the agreement, EBMUD will assume responsibility for NAS Pump Station #1 and Discharge Pipeline. The City is required to provide an easement for the Discharge Pipeline, and quitclaim its ownership in all the real estate associated with NAS Pump Station #1 to EBMUD. Since the NAS Pump Station #1 property is within State Tidelands jurisdiction, the City will provide EBMUD a long -term temporary easement for the NAS Pump . Station #1. The City had previously recorded an easement for the Discharge Pipeline, which requires modification to meet "as- built" conditions. The introduction of ordinance to authorize these easements was addressed at the February 4, 2003, City Council meeting. Fiscal Impact There is no impact to the City's General Fund associated with this project. The project was funded using $2,300,000 in sewer funds and $1,800,000 in Alameda Point bond proceeds. The sewer fund Dedicated to Excellence, Committed to Service Honorable Members of the Alameda Reuse and Redevelopment Authority Page 3 January 29, 2003 was reimbursed $1,000,000 from land sale proceeds from the Port of Oakland for a portion of FISC properties required for the Port's turning basin. Another $500,000 is being reimbursed to the sewer fund from Alameda Point lease payments at approximately $65,000 per year. The Transition Team budget included funds from Alameda Point lease revenues for this item; however Alameda Point bonds could also be used for this purpose. Recommendation The Executive Director recommends that the ARRA authorize $195,523 in a combination of Alameda Point Lease Revenues and Alameda Point Bond funds for this project. Respectfully submitted, James M. Flint City Manager/Executive Director For: Cheri R. Sheets Deputy Public Works Director /City Engineer JF /MTN:dl cc: Nanette Banks Sally Kueh David Brandt G: \PUB WORKS \P WADM IN \COUNC IL\2003 \020403 \NASsewerfunding.doc Dedicated to Excellence, Committed to Service AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 391 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL Friday, February 7, 2002 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. 2. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 2 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms 3. ANNOUNCEMENT of ACTION TAKEN in CLOSED SESSION, if any. 4. Public Comment on Non - Agenda Items Only. Anyone wishing to address the Board on agenda items only, may speak for a maximum of 3 minutes per item. 5. ADJOURNMENT Notes: • Sign language interpreters will be available on request. Please contact Lucretia Akil, ARRA Secretary, at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. AGENDA Special Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 391 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL Wednesday, February 26, 2002 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. 2. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 2 -A. Property: Negotiating parties: Under negotiation: Alarneda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms 3. ANNOUNCEMENT of ACTION TAKEN in CLOSED SESSION, if any. 4. Public Comment on Non - Agenda Items Only. Anyone wishing to address the Board on agenda items only, may speak for a maximum of 3 minutes per item. 5. ADJOURNMENT Notes: • Sign language interpreters will be available on request. Please contact Lucretia Akil, ARRA Secretary, at 749 -5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print.