Ordinance 3204CITY OF ALAMEDA ORDINANCE NO. 3204
New Series
APPROVING A THIRD AMENDMENT TO LONG TERM SUBLEASE
BETWEEN THE CITY OF ALAMEDA AND THE US DEPARTMENT OF
TRANSPORTATION MARITIME ADMINISTRATION, PORT ON
INTERIM INSPECTION, TESTING, PRELIMINARY ANALYSES AND
REPORTING SERVICES FOR REHABILITATION OF PIERS 1, 2, AND
3 AT ALAMEDA POINT.
WHEREAS, The US Department of Transportation Maritime Administration (MARAD)
is the agency within the U.S. Department of Transportation dealing with waterborne
transportation; and
WHEREAS, in May 2006 MARAD entered into a twenty year lease agreement with
the City, as Successor in Interest to the ARRA, for layberth facilities at Alameda Point
Piers 1, 2, and 3; and
WHEREAS, MARAD uses the facility for layberthing vessels enrolled in the Ready
Reserve Force which are deployed for war time support services, disaster relief and other
humanitarian efforts; and
WHEREAS, MARAD will occupy a portion of consisting of approximately 17,335
square feet of rentable space; and
WHEREAS, In January 2017 MARAD notified the City that they were going to move
their larger ships for Alameda; and
WHEREAS, under this third amendment MARAD will pay a negotiated rent of $715
per ship per day with a minimum daily rate of $2,145; and
WHEREAS, this third amendment includes a provision for a warehouse for MARAD
which will be near the piers; and
WHEREAS, MARAD must comply the Master Infrastructure Plan (MIP) which was
adopted on March 31, 2014; and
WHEREAS, the Transportation Demand Management Plan (TDM) was adopted on
May 20, 2014 and MARAD will be required to comply with TDM Plan as required by the
Mitigation Monitoring and Reporting Program (MMRP) from the Alameda Point EIR, and
the Alameda Point Zoning District in Section 30-4.24; 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; and
WHEREAS, the lease amendment 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).
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, this third lease
amendment with MARAD, 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:
lat'r, L'Ll -
Lara Weisiger, Cdy 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 5th day of December, 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 6th day of December, 2017.
Lara Weisiger,'t Clerk
City of Alameda
APPROVED AS TO FORM:
Janet,p/ Kern, City Attorney
City of Alameda