Title
Final Passage of Ordinance Authorizing the City Manager to Execute a Fifth Amendment to the License with Amber Kinetics, Inc., a California Corporation, to Extend the License Term for Twelve Months and to Establish a New Monthly Rent for the Unimproved Lot Located at 641 West Red Line Avenue for Electrical Systems Storage.
In accordance with the California Environmental Quality Act (CEQA), this action is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15301 (Existing Facilities). (Base Reuse and Economic Development 29061822)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=6323095&GUID=70DF8BFF-4F58-4E77-95E6-698E7B3A4C21&Options=&Search=&FullText=1>
A redline version of the lease is attached, which reflects changes made to the lease when the ordinance was introduced.
CITY OF ALAMEDA ORDINANCE NO.
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE LICENSE WITH AMBER KINETICS, INC., A CALIFORNIA CORPORATION, TO EXTEND THE LICENSE TERM FOR TWELVE MONTHS AND TO ESTABLISH A NEW MONTHLY RENT FOR THE UNIMPROVED LOT LOCATED AT 641 WEST RED LINE AVENUE FOR ELECTRICAL SYSTEMS STORAGE
WHEREAS, Amber Kinetics, Inc. (Amber Kinetics) has been a tenant at Alameda Point since 2014; and
WHEREAS, Amber Kinetics licenses the approximately 10,000 square foot unimproved lot located at 641 West Red Line Avenue for electrical systems storage; and
WHEREAS, the term of the license, dated April 1, 2014, as amended (License), with Amber Kinetics terminated May 3, 2023; and
WHEREAS, Amber Kinetics and the City of Alameda (City) desire to retroactively extend the term of the License for twelve (12) months; and
WHEREAS, the monthly base rent during the additional 12-month term is $4,389.00.
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 her designee is hereby authorized to execute on behalf of the City of Alameda, a fifth amendment to the License with Amber Kinetics, to extend the license term for twelve months for the unimproved lot located at 641 West Red Line Avenue, Alameda, CA, 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:
Lara Weisiger, City 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 this 19th day of September 2023, by the following vote to wit:
AYES: NOES: ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of September 2023.
Lara Weisiger, City Clerk City of Alameda
Approved as to form:
Yibin Shen, City Attorney City of Alameda