Ordinance 3145CITY OF ALAMEDA ORDINANCE NO. 3145
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS
OF A FOUR YEAR LEASE WITH FIVE THREE-YEAR EXTENSION
OPTIONS AND RIGHT OF FIRST NEGOTIATION TO PURCHASE
WITH GOOGLE INC. FOR BUILDING 400A LOCATED AT 1190 WEST
TOWER AVENUE STREET AT ALAMEDA POINT
WHEREAS, Makani Power is a start-up company researching and developing new
wind power technologies, including an airborne wind turbine; and
WHEREAS, in 2006 the City of Alameda entered into a lease agreement for Building
19 with Makani power; and
WHEREAS, in 2013, Makani Power was acquired by Google and in March 2014, the
City approved a six-year lease with five consecutive three-year options with Google for
Buildings 19 and 11 (Original Lease); and
WHEREAS, Google's leases for Buildings 19 and 11 included a right of first offer to
lease for Buildings 400, 400A and 12; and
WHEREAS, Google is accepting the offer for building 400a as identified in their
Original Lease; and
WHEREAS, the term of the Building 400A lease runs concurrent with Google's
Original Lease.
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
Google Inc. for Building 400A located at 1190 West Tower Avenue 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.
Attest:
.m
Lara Weisiger, fit Clerk
Presiding Offi er of the City Council
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 19th day of January, 2016, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 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 20th day of January, 2016.
Lara Weisiger, Cq Clerk
City of Alameda
APPROVED AS TO FORM:
_-
Ja C. Kern
City Attorney