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Final Passage of Ordinance Authorizing the City Manager, or Designee, to Execute a Twelve Month Amendment to the Lease with Pacific Pinball Museum, a 501(c)(3) Non Profit Organization, with the Option of Four One Year Extensions, for Building 169, Suite 101 Located at 1680 Viking Street at Alameda Point. (Community Development 819099)
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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=4387620&GUID=1F0F3BCA-3CD2-436E-8598-F86D7F2238B7&Options=&Search=&FullText=1>
CITY OF ALAMEDA ORDINANCE NO.
New Series
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE TO THE LEASE WITH Pacific Pinball Museum, A 501(c)(3) Organization, FOR BUILDING 169, suite 101 LOCATED AT 1680 viking street AT ALAMEDA POINT
WHEREAS, Pacific Pinball Museum is a non-profit organization that started in 2002 and has been a tenant at Alameda Point since 2006; and
WHEREAS, in 2006, the City of Alameda entered into a lease agreement for Building 13 with Pacific Pinball Museum; and
WHEREAS, in 2012, the City approved a five-year lease with Pacific Pinball Museum for Building 13; and
WHEREAS, although Pacific Pinball Museum’s current lease was valid until October 31, 2017, they needed to be moved due to Site A development; and
WHEREAS, Pacific Pinball Museum was relocated to Building 169, Suite 101; and
WHEREAS, Building 169, Suite 101 consists of approximately 43,355 square feet of rentable space; and
WHERAS, the City approved a thirty-six month lease with Pacific Pinball Museum for Building 169; and
WHEREAS, the City and Pacific Pinball Museum now desire to amend this lease agreement to extend the term for an additional twelve months, terminating January 31, 2021, with four one-year extension options; and
WHEREAS, both parties maintain early termination right because Building 169 is located in the Enterprise District development area; and
WHEREAS, the monthly base rent is $12,072.90 for months one to twelve, $12,435.09 for the first extension term (months thirteen to twenty-four), $12,808.14 for the second extension term (months twenty-five to thirty-six), $13,192.24 for the third extension term (months thirty-seven to forty-eight), and $13,588.01 for the fourth and final extension term (months forty-nine to sixty); and
WHEREAS, in addition to the base rent, Pacific Pinball Museum has provided an $12,072.90 security deposit, representing one month’s rent of the monthly base rent rate under the amended agreement, and the tenant will comply with all other leasing requirements including provisional insurance that is satisfactory to the City.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that by four affirmative votes that:
Introduction of Ordinance Authorizing the City Manager or His Designee to Execute an Amendment to the Lease with Pacific Pinball Museum, a 501(c)(3) non-profit organization, for Building 169, Suite 101 Located 1680 Viking Street at Alameda Point. (Community Development 819099)
Section 1. The City Manager of the City of Alameda or his/her designee is hereby authorized to execute, for and on behalf of the City of Alameda, a lease amendment with Pacific Pinball Museum, a 501(c)(3) organization, for Building 169, Suite 101 located at 1680 Viking Street at Alameda Point extending the term for an additional twelve months, with four one-year extension options and a Right to Early Termination with ninety (90) days’ notice, each 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 resolution 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 May, 2020, 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 6th day of May, 2020.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
________________________________
Yibin Shen, City Attorney
City of Alameda