Title
Final Passage of Ordinance Authorizing the City Manager, or Their Designee, to Execute an Amendment to the Lease with Pacific Shops, Inc. for the Tidelands Property Located along Clement Street between Alameda Marina Drive and Willow Street, Commonly Referred to as Alameda Marina, to Allow Pacific Shops, Inc. to Exercise Its Lease Option. [Requires four affirmative votes] (Community Development 216)
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=4219032&GUID=23B658D7-ED39-4F6C-9DC3-0E9899108242&Options=&Search=&FullText=1>
CITY OF ALAMEDA ORDINANCE NO. ______
New Series
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO THE LEASE WITH PACIFIC SHOPS, INC. FOR THE TIDELANDS PROPERTY LOCATED ALONG CLEMENT STREET BETWEEN ALAMEDA MARINA DRIVE AND WILLOW STREET, GENERALLY KNOWN AS ALAMEDA MARINA.
WHEREAS, the City is owner of certain tidelands real property located on the Oakland/Alameda estuary waterfront along Clement Street between Alameda Marina Drive and Willow Street; and
WHEREAS, City acquired such tidelands property from the State of California by Stats. 1913, Chapter 348, as has been amended from time to time; and
WHEREAS, Pacific Shops, Inc, the owner of the abutting upland fee property, has leased the tidelands property from the City since May 1965; and
WHEREAS, the initial term of the first lease agreement with Pacific Shops, Inc. commenced on May 3, 1965, with a term of 25 years with one option to renew for 25 years, and expired May of 2015; and
WHEREAS, an additional lease was entered in July of 1968 for additional adjacent Tidelands property at the Alameda Marina, with a term concurrent with the first lease expiring May 2017; and
WHEREAS, In 2012, the City and Pacific Shops desired to upgrade and improve the Alameda Marina; and Pacific Shops was willing to make such an investment and further is interested in pursuing the redevelopment of its adjoining upland property in exchange for a new lease with an initial term of 25-years with a 41- year option to extend with precedent conditions as set forth in the 2012 lease; and
WHEREAS, Pacific Shops, Inc. entered into the existing lease agreement on May 16, 2016, with an initial term expiring May 2037 or until sooner terminated, with an option to extend for an additional 41 years with conditions precedent until May 2078; and
WHEREAS, the City and Pacific Shops now desire to amend this existing agreement to extend the deadline of the condition set forth in 1.5(b)(2) to December 31, 2020 and add a covenant outlining additional obligations to be met by Pacific Shops, Inc.
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 execute an amendment to the lease with Pacific Shops, Inc. for the tidelands property located along Clement Street between Alameda Marina Drive and Willow Street, generally known as Alameda Marina, 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, for any reason, is 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 3rd day of December, 2019, by the following vote to wit:
AYES:
NOES:
ABSENT: ABSENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of December, 2019.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
______________________
Yibin Shen, City Attorney
City of Alameda