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)
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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=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