File #: 2020-8239   
Type: Consent Calendar Item
Body: City Council
On agenda: 9/1/2020
Title: Final Passage of Ordinance Authorizing the City Manager or Designee to Execute an Amendment to the Lease with Williams-Sonoma, Inc., a Delaware Corporation, Acting for and on Behalf of Williams-Sonoma Stores, Inc., a California Corporation, for Building 169, Suite 102, Located 1680 Viking Street at Alameda Point, Extending the Term for an Additional 12 Months with One 12-Month Extension Option, Removing Overflow Parking from the Leased Premises, and Providing One (1) Month of Rent Abatement. (Community Development 819099)

Title

 

Final Passage of Ordinance Authorizing the City Manager or Designee to Execute an Amendment to the Lease with Williams-Sonoma, Inc., a Delaware Corporation, Acting for and on Behalf of Williams-Sonoma Stores, Inc., a California Corporation, for Building 169, Suite 102, Located 1680 Viking Street at Alameda Point, Extending the Term for an Additional 12 Months with One 12-Month Extension Option, Removing Overflow Parking from the Leased Premises, and Providing One (1) Month of Rent Abatement. (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=4589372&GUID=AFC1D137-266F-44F6-8ED5-1E609B7BA0A5&Options=&Search=&FullText=1>]

 

CITY OF ALAMEDA ORDINANCE NO.                       

New Series

 

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AMENDMENT TO THE LEASE WITH WILLIAMS-SONOMA, INC., A DELAWARE CORPORATION, ACTING FOR AND ON BEHALF OF WILLIAMS-SONOMA STORES, INC., A CALIFORNIA CORPORATION, FOR BUILDING 169, SUITE 102 LOCATED AT 1680 VIKING STREET AT ALAMEDA POINT EXTENDING THE TERM FOR AN ADDITIONAL 12 MONTHS WITH ONE 12-MONTH EXTENSION OPTION, REMOVING OVERFLOW PARKING FROM THE LEASED PREMISES, AND PROVIDING ONE (1) MONTH OF RENT ABATEMENT

 

 

WHEREAS, Williams-Sonoma, Inc. is a specialty retailer offering high quality home products and operates a portfolio of brands including Williams-Sonoma, Williams- Sonoma Home, Pottery Barn, Pottery Barn Kids, PBTeen, West Elm, Mark and Graham, and Rejuvenation; and

 

WHEREAS, Williams-Sonoma, Inc. entered into a license agreement with the City of Alameda for Building 169, Suite 102 on May 12, 2016, expiring April 30, 2017; and

 

WHEREAS, the lease, entered March 16, 2017, replaced the original license agreement; and

 

WHEREAS, the existing lease expires on April 30, 2020, and Williams- Sonoma wishes to amend the terms of the agreement to extend the lease term; and

 

WHEREAS, Building 169, Suite 1-2, known as the “Premises”, consists of approximately 43,555 square feet of rentable square feet; and

 

WHEREAS, Williams-Sonoma, Inc. occupies the Premises and currently has the right under the lease, on an exclusive basis, to have its employees and visitors park in the adjacent paved areas; and

 

WHEREAS, the Premises will be used for the sale of products, at full price and/or discount, from all Williams-Sonoma operated retailers; and

 

WHEREAS, the proposed amendment extends the term of the lease for 12 months until April 30, 2021, and contains one 12-month extension option (at the City Manager’s discretion); and

 

WHEREAS, the proposed amendment removes overflow parking areas from the Premises and provides one (1) month of rent abatement for Month 1 of the amended lease term; and

 

WHEREAS, the base rent for Months 2 - 12 of the term of the lease, as amended, is $21,677.50; and

 

WHEREAS, the security deposit of the lease, as amended, remains at $21,677.50; and

 

WHEREAS, the lease contains the standard insurance, indemnity, assignment and termination clauses the City requires in its leases and is 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 designee is hereby authorized to execute for and on behalf of the City of Alameda, a lease amendment with Williams-Sonoma, Inc. a Delaware corporation, for Building 169, Suite 102 at Alameda Point for 12 months with one 12-month option to renew (in the City Manager’s discretion), including removal of overflow parking areas from the Premises and one (1) month rent abatement, 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 certify that the foregoing Ordinance was introduced on July 21, 2020 and passed and adopted by the City Council of the City of Alameda at a regular meeting thereof held on this _____ day of ___________ 2020 by the following vote:

AYES:                     

                     NOES:                                          

ABSENT:                                          

                     ABSTENTIONS:                     

IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this _____ day of ____________ 2020.

 

 

Lara Weisiger, City Clerk

City of Alameda

 

APPROVED AS TO FORM:

 

______________________

Yibin Shen, City Attorney

City of Alameda