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Final Passage of Ordinance Approving a Second Amendment to a License with Amber Kinetics, Inc. for Twenty-Four Months for Use of an Unimproved Lot Located at 641 West Red Line Avenue at Alameda Point and Authorizing the Acting City Manager to Execute the Necessary Documents. [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 SECOND AMENDMENT TO A LICENSE WITH AMBER KINETICS, INC. FOR TWENTY-FOUR MONTHS FOR USE OF AN UNIMPROVED LOT LOCATED AT 641 WEST RED LINE AVENUE LOCATED AT ALAMEDA POINT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS
WHEREAS, Amber Kinetics, Inc. (Amber Kinetics) is a technology company that provides safe, environmentally sustainable, multi-hour kinetic energy storage; and
WHEREAS, since 2014 Amber Kinetics has had a license to occupy an unimproved lot located at 641 West Red Line Avenue (the lot) at Alameda Point; and
WHEREAS, in January 2016 Amber Kinetics entered into a First Amendment to said license and this amendment is set to expire May 04, 2018; and
WHEREAS, Amber Kinetics uses this unimproved lot as a test site for their technology which has been critical for conducting engineering and manufacturing tests, validating new features, and testing customer flywheels; and
WHEREAS, under this Second Amendment Amber Kinetics’ term for use of the lot will be amended to extend twenty-four months; and
WHEREAS, the lot consists of approximately 10,000 square feet of usable land area; and
WHEREAS, the monthly fee under the second amendment will be $3,600.00; and
WHEREAS, the license 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) with the United States Navy.
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 their designee is hereby authorized to negotiate, execute, for and on behalf of the City of Alameda, a second amendment to a license with Amber Kinetics, Inc. for use of an unimproved lot located at 641 West Red Line Avenue Alameda Point for twenty four months, 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
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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 17th day of April, 2018, 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 18th day of April 2018.
______________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
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Janet C. Kern, City Attorney
City of Alameda