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Final Passage of Ordinance Approving a Purchase and Sale Agreement of Building 40, Located at 800 West Tower Avenue at Alameda Point, with Bladium, Inc, a California Corporation. [Requires four affirmative votes] (Base Reuse 819099)
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CITY OF ALAMEDA ORDINANCE NO. ______
New Series
APPROVING A PURCHASE AND SALE AGREEMENT OF BUILDING 40, LOCATED AT 800 WEST TOWER AVENUE AT ALAMEDA POINT, WITH BLADIUM, INC, A CALIFORNIA CORPORATION.
WHEREAS, Bladium, Inc. (“Bladium”) entered into a lease agreement to occupy Building 40 on February 1, 2000 with the City of Alameda (the “Bladium Lease”); and
WHEREAS, Bladium is a sports and fitness club operating out Building 40 which consists of approximately 104,000 square feet of rentable space; and
WHEREAS, the Bladium lease, which included an exclusive use clause, will expire on June 30, 2035; and
WHEREAS, The City officially gained title to the property on July 10, 2017 and Bladium subsequently exercised its purchase option for Building 40 for a total purchase price of $7,900,000; and
WHEREAS, after purchasing the property, Bladium will continue to operate it as a sports and recreational facility, but has requested a reduced exclusive use covenant; and
WHEREAS, after purchasing the property Bladium 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 Bladium, Inc 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
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 negotiate, execute, for and on behalf of the City of Alameda, a purchase and sale agreement with Bladium, Inc., a California corporation, for Building 40 at Alameda Point in a form substantially the same as set forth in the draft purchase and sale agreement attached as Exhibit A, 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:
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Lara Weisiger, City Clerk
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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 October 2017, 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 4th day of October, 2017.
_______________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
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Janet C. Kern, City Attorney
City of Alameda