Ordinance 3163CITY OF ALAMEDA ORDINANCE NO. 3163
New Series
APPROVING A FIRST AMENDMENT TO A LEASE AND
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS
NECESSARY TO IMPLEMENT THE TERMS OF A FIRST AMENDMENT
TO THE LEASE AGREEMENT WITH PACIFIC AUTOMATED, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, dba BRIX BEVERAGE,
FOR A PORTION OF BUILDING 25, UNIT 100, A SMALL
OUTBUILDING KNOWN AS BUILDING 491, AND ADDITIONAL
PARKING COMMON AREAS AS PART OF THE ORIGINAL
PREMISES LOCATED AT 1951 MONARCH STREET AT ALAMEDA
POINT
WHEREAS, Pacific Automated, LLC, dba Brix Beverage (Brix), is a privately owned
Bay Area business that provides one -stop services to food service management
companies, nightclubs and restaurants. Brix provides fountain soda, juice, teas, and
mixers to its clients, as well as servicing and repairing beverage dispensing machines;
and
WHEREAS, Brix was launched in 2011 and the business expanded quickly with the
acquisition of Dr. Pepper's existing ice machine leasing business, and subsequently the
purchase of Dr. Pepper's fountain beverage sales and distribution line. The company
now has over 950 direct sales and delivery customers along 15 service routes from San
Francisco to Monterey County and operated debt -free; and
WHEREAS, the lease amendment adds additional premises to the Brix lease for Unit
100 in Building 25 located at 1951 Monarch Street under two separate provisions: First,
Brix is adding Building 491 and the use of Common Areas to its lease under the terms
(rate and term) of its original lease. Second, Brix is exercising its right of first refusal
included in the original lease, to accept the negotiated terms offered to a proposed new
tenant for Unit 100 and additional premises; and
WHEREAS, the monthly base rent with the addition of Building 491 at the rate of the
original lease is as follows: $8,964.78 for months 1 -43 and $9,346.26 for months 44 -60;
and
WHEREAS, the monthly base rent Unit 100 and parking area added is as follows:
$4,540.00 for months 1 -12, $4,540.00 for months 13 -18, and $7,808.37 for months 19-
end of term; and
WHEREAS, the rent for Unit 100 and the parking area for months 1 -3 are subject to
abatement; and
WHEREAS, Brix needs the additional space due to its expanding soda fountain
operations, as well as the offering of products in location around Alameda and San
Francisco. As part of its expansion, Brix is developing unique, artistic designs for its soda
taps, which are being constructed at Building 25; and
WHEREAS, Brix shall deliver the sum of $7,808 as the Security Deposit to be held
by the Landlord without liability for interest (unless required by Law) as security for the
performance of tenant's obligations under the First Amendment.
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 first
amendment to a lease with Pacific Automated, LLC, a California Limited Liability
Company, dba Brix Beverage, to include a portion of Building 25 (Unit 100), a small
outbuilding known as Building 491, and additional parking area as part of the original
premises located at 1951 Monarch 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 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 Off im—of the City Council
Attest:
�Z", r, 4,
Lara Weisiger, 8 t 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 4th day of October, 2016, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 5.
NOES: None.
ABSENT: I None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 5th day of October, 2016.
Lara Weisiger, CAy Clerk
City of Alameda
ianetd° q` Kern, City Attorney
City of Alameda