Ordinance 3257CITY OF ALAMEDA ORDINANCE NO. 3257
New Series
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AMENDMENT TO THE LEASE WITH PACIFIC SHOPS,
INC. FOR THE TIDELANDS PROPERTY LOCATED ALONG
CLEMENT STREET BE EEN ALAMEDA MARINA DRIVE AND
WILLOW STREET, GENERALLY KNOWN AS ALAMEDA MARINA.
WHEREAS, the City is owner of certain tidelands real property located on the
Oakland /Alameda estuary waterfront along Clement Street between Alameda Marina
Drive and Willow Street; and
WHEREAS, City acquired such tidelands property from the State of California by
Stats. 1913, Chapter 348, as has been amended from time to time; and
WHEREAS, Pacific Shops, Inc, the owner of the abutting upland fee property, has
leased the tidelands property from the City since May 1965; and
WHEREAS, the initial term of the first lease agreement with Pacific Shops, Inc.
commenced on May 3, 1965, with a term of 25 years with one option to renew for 25
years, and expired May of 2015; and
WHEREAS, an additional lease was entered in July of 1968 for additional adjacent
Tidelands property at the Alameda Marina, with a term concurrent with the first lease
expiring May 2017; and
WHEREAS, In 2012, the City and Pacific Shops desired to upgrade and improve the
Alameda Marina; and Pacific Shops was willing to make such an investment and further
is interested in pursuing the redevelopment of its adjoining upland property in exchange
for a new lease with an initial term of 25 -years with a 41- year option to extend with
precedent conditions as set forth in the 2012 lease; and
WHEREAS, Pacific Shops, Inc. entered into the existing lease agreement on May 16,
2016, with an initial term expiring May 2037 or until sooner terminated, with an option to
extend for an additional 41 years with conditions precedent until May 2078; and
WHEREAS, the City and Pacific Shops now desire to amend this existing agreement
to extend the deadline of the condition set forth in 1.5(b)(2) to December 31, 2020 and
add a covenant outlining additional obligations to be met by Pacific Shops, Inc.
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 execute an amendment to the lease with Pacific Shops, Inc. for the tidelands
property located along Clement Street between Alameda Marina Drive and Willow Street,
generally known as Alameda Marina, 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,
for any reason, is 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 ,4 City Council
Attest:
Lara Weisiger, City 6Ierk
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 December, 2019, by the following vote to wit:
AYES: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy
Ashcraft — 4.
NOES: Councilmember Daysog — 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 December, 2019.
Lara Weis ger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Yibin Shen, City Attorney
City of Alameda