Title
Final Passage of Ordinance Authorizing the City Manager to Execute a First Amendment to the Lease with Play House, LLC, Doing Business as Director’s Cut (Project Burger), for Approximately 1,850 Square Feet of Retail Space in the Historic Alameda Theatre Complex, Located at 2319 Central Avenue, to Modify Monthly Rent and Lease Term, Establish Operating Provisions, and Relieve Outstanding Rent.
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 24061810)
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=6374128&GUID=CA9A39ED-B2E1-4268-A4C8-6D8688C27081&Options=&Search=&FullText=1>
This term of the first amendment to the lease was revised by the Council on the dais during introduction of the ordinance. A redline version of the first amendment, reflecting Council’s revisions as approved from first reading, is attached as Exhibit 1.
Exhibits:
1. First Amendment - Redline
2. First Amendment - Clean
Full text of the Ordinance:
CITY OF ALAMEDA ORDINANCE NO. ______
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE LEASE WITH PLAY HOUSE, LLC DBA DIRECTOR’S CUT, FOR APPROXIMATELY 1,850 SQUARE FEET OF RETAIL SPACE IN THE HISTORIC ALAMEDA THEATRE LOCATED AT 2319 CENTRAL AVENUE, ALAMEDA, TO MODIFY MONTHLY RENT AND LEASE TERM, ESTABLISH OPERATING PROVISIONS, AND RELIEVE OUTSTANDING RENT
WHEREAS, Play House, LLC, a limited liability company doing business as Director’s Cut (Project Burger) (Play House), operates a family-friendly, sit-down restaurant the Alameda Theatre complex located at 2315 Central Avenue, Suite 122, Alameda consisting of approximately 1,850 rentable square feet; and
WHEREAS, a 120-month lease with Play House commenced on May 1, 2018 and terminates on May 31, 2028, and includes one 5-year extension option; and
WHEREAS, the City and Play House have negotiated a first amendment to the lease.
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 designee is hereby authorized to execute on behalf of the City of Alameda, a first amendment to the lease with Play House, a California limited liability company, consistent with the First Amendment approved by the City Council during first reading as attached in Exhibit 1 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 the 7th day of November 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 8th day of November 2023.
___________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
___________________________
Yibin Shen, City Attorney
City of Alameda