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Ordinance 3137CITY OF ALAMEDA ORDINANCE NO. 3137 New Series APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF A 10 YEAR LEASE WITH 707 WEST TOWER AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR BUILDING 9 LOCATED AT 707 WEST TOWER AVENUE AT ALAMEDA POINT WHEREAS, 707 West Tower Avenue, LLC was formed to create a space for food and beverage makers to come together in a shared large scale food manufacturing facility; and WHEREAS, Building 9 will be multi- tenanted, targeting artisan beverage and food incubators and producers; and WHEREAS, local entrepreneurs and small companies will share resources and collaboratively grow their retail and wholesale businesses; and WHEREAS, the multi- tenanted premises will be used for light manufacturing, including food and beverage production, warehouse and distribution, training, and retail sales on -site; and WHEREAS, Staff believes 707 West Tower Avenue, LLC will bring the much needed food services to Alameda Point and will be an amenity to existing and future tenants; and WHEREAS, Building 9 consists of approximately 80,907 square feet of rentable space on Land consisting of approximately 4.4 acres; and WHEREAS, Building 9 has an option to purchase pending the completion of a subdivision parcel map to be presented to the Planning Board and City Council in 2016. 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 707 West Tower Avenue, LLC, a California limited liability company, for Building 9 at Alameda Point for ten years, 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. Presiding Officer of the City Council Attest: [a Lara Weisiger, Pty Clerk I, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3rd day of November, 2015, by the following vote to wit: AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, and Oddie - 4. NOES: Mayor Spencer — 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of November, 2015. Lara Weisiger, City Cle City of Alameda APPROVED AS TO FORM: Ja t'C. Kern, City Attorney City of Alameda