Title
Final Passage of Ordinance Authorizing the City Manager or Designee to Execute a Third Amendment to the License with Amber Kinetics, Inc., a California Corporation, for the Unimproved Lot Located at 641 West Red Line Avenue in Alameda to Extend the Term for 12 Months and Provide One 12-Month Extension Option. (Community Development 819099)
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=4551621&GUID=B5366AB1-47F4-4DD4-8C21-BCA9C6AECA95&Options=&Search=&FullText=1>]
CITY OF ALAMEDA ORDINANCE NO. ____
New Series
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A THIRD AMENDMENT TO THE LICENSE agreement WITH AMBER KINETICS, INC., A CALIFORNIA CORPORATION, FOR USE OF THe UNIMPROVED LOT LOCATED AT 641 WEST RED LINE AVENUE IN ALAMEDA Extending the Term for 12 months and providE ONE 12-MONTH extension option
WHEREAS, Amber Kinetics is a California corporation that manufactures energy storage technology; and
WHEREAS, in 2014, the City of Alameda entered into a license agreement with Amber Kinetics, Inc. for the approximately 10,000 square foot unimproved lot located at 461 West Red Line Avenue in Alameda, for use as a test site for electrical systems storage; and
WHEREAS, the term of the license agreement was twenty-four (24) months and established a base monthly rent at $1,000.00; and
WHEREAS, in 2016, the City approved a first amendment to the license agreement extending the term of the agreement for twenty-four (24) months and increasing the monthly base rent to $2,200.00; and
WHEREAS, in 2018, the City approved a second amendment to the license agreement extending the term of the agreement for an additional twenty-four (24) months and increasing the monthly base rent to $3,600.00; and
WHEREAS, the City and Amber Kinetics now desire to enter into a third amendment to the license agreement to extend the term for an additional twelve months until May 3, 2021, and providing one 12-month extension options, subject to the approval of the City Manager; and
WHERAS, the monthly base rent of the additional 12-month term remains at 3,600.00 and increases to $3,800.00 if the 12 month extension option is exercised and approved by the City Manager.
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 designee is hereby authorized to execute, for and on behalf of the City of Alameda, a third amendment to the license agreement with Amber Kinetics, Inc., a California corporation, for the approximately 10,000 square foot unimproved lot located at 641 West Red Line Avenue in Alameda extending the term for an additional twelve months and providing one 12-month extension option (subject to the City Manager’s approval), 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 7th day of July 2020, 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 8th day of July 2020.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
___________________________
Yibin Shen, City Attorney
City of Alameda