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Final Passage of Ordinance Approving a First Amendment of a Lease and Authorizing the City Manager to Execute Documents Necessary to Implement the Terms of a First Amendment of a Lease with Complete Coach Works, Inc. a California Corporation, for a Three-Year Lease Extension for a Portion of Building 24 Located at 2301 Monarch Street at Alameda Point. [In accordance with the California Environmental Quality Act (CEQA), this project is Categorically Exempt under the CEQA Guidelines Section 15301(c) - Existing Facilities.] [Requires Four Affirmative Votes] (Base Reuse 819099)
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CITY OF ALAMEDA ORDINANCE NO. ______
New Series
APPROVING A FIRST AMENDMENT OF A LEASE OF BUILDING 24, LOCATED AT 2301 MONARCH STREET AT ALAMEDA POINT, WITH COMPLETE COACH WORKS, A CALIFORNIA CORPORATION FOR A THREE-YEAR LEASE AMENDMENT.
WHEREAS, Complete Coach Works is an Alameda-based manufacturing and repair company specializing in rehabilitation and retrofitting of bus and locomotive fleets; and
WHEREAS, Complete Coach Works entered into a lease agreement to occupy a portion of Building 24 on December 12, 2014 with the City of Alameda; and
WHEREAS, Complete Coach Works current lease will expire on December 31, 2017 and be replaced by this first lease amendment once approved; and
WHEREAS, Complete Coach Works will occupy a portion of Building 24 consisting of approximately 14,997 square feet of rentable space; and
WHEREAS, Complete Coach Works will have the right, on an non-exclusive basis, to have its employees and visitors park in the adjacent paved areas; and
WHEREAS, the Premises will continue to be used for the rehabilitation and retrofitting of bus and locomotive fleets, and vehicle sales and leasing, painting, finishing, and storage; and
WHEREAS, the base rent over the three years of the lease amendment is $13,000 for year one, $13,390 for year two, and $13,792 for year three; and
WHEREAS, Complete Coach Works previously provided a security deposit in the amount of $10,480; and
WHEREAS, Complete Coach Works will be required to provide an additional security deposit in the amount of $3,312 bringing the total security deposit provided to $13,792; and
WHEREAS, Complete Coach Works 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 Complete Coach Works 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, a lease amendment with Complete Coach Works, a California corporation, for Building 24 at Alameda Point for three years, 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 5th day of December, 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 6th day of December, 2017.
______________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
__________________________
Janet C. Kern, City Attorney
City of Alameda