Ordinance 3194CITY OF ALAMEDA ORDINANCE NO. 3194
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS
OF A LEASE WITH AUCTIONS BY THE BAY, INC. FOR SIXTY -FOUR
MONTHS FOR 2751 TODD STREET, BUILDING 525, AT ALAMEDA
POINT
WHEREAS, Auctions By the Bay, Inc. (Auctions By the Bay) has been a tenant at
Alameda Point since 2001; and
WHEREAS, Auctions By the Bay currently occupies Building 525 on a lease which
expired August 18, 2017; and
WHEREAS, this new lease will replace Auctions By the Bay's expired lease for
Building 525; and
WHEREAS, Auctions By the Bay Auctions is a leading, full service auction house on
the West Coast specializing in the appraisal and sale of antiques and fine art; and
WHEREAS, the Premises will continue to be used as an auction house for the
appraisal and sale of antiques and fine art; and
WHEREAS, Building 525 consists of 23,208 square feet with land and parking area;
and
WHEREAS, the monthly base rent under the lease will be $15,781.44 for months 1-
12, $16,254.88 for months 13 -24, $16,742.53 for months 25 -36, $17,244.80 for months
37 -48, $17,762.15 for months 49 -60, and $18,295.01 for months 61 -64; and
WHEREAS, the lease contains one renewal option which allows the term to be extend
for a period of ten years; and
WHEREAS, the tenant will be required to provide a security deposit in the amount of
$15,781.44 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; and
WHEREAS, all new development at Alameda Point will be required to comply with
these Plans as part of any Disposition and Development Agreement (DDA) between the
City and a developer and as a condition of approval for any planning approval, including
Development Plan, use permit, or design review; and
WHEREAS, Employers, residential complexes, or associations are required to
prepare and submit a Compliance Strategy to outline plans to meet trip reduction
requirements.
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
Auctions By the Bay Services, Inc. for Building 525 located at 2751 Todd Street at
Alameda Point for sixty four months, 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.
Presi ing Officer of the City Council
Attest:
Sara Weisiger, City.. Jerk
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 17th day of October, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella 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 18th day of October, 2017.
Lara Weisiger,4,ity
Clerk City of Alameda
Approved as to form:
Kern, City Attorney
City"'6f Alameda