1 CITY OF ALAMEDA ORDINANCE NO. _____
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH
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, CA, EXTENDING THE TERM FOR A N ADDITIONAL 12
MONTHS WITH NO EXTENSION OPTION
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WHEREAS, Williams-Sonoma, Inc. (Williams-Sonoma) 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 entered into a license agreement with the City of Alameda (City) for Building 169, Suite 102 on May 12, 2016, expiring April 30, 2017; and
WHEREAS, Williams - Sonoma entered into a lease with
the City on March 16, 2017 (Lease Agreement), which replaced the original license agreement; and
WHEREAS, the City and Williams -Sonoma entered into a First Amendment to the Lease Agreement on September 10, 2020; a Second Amendment on April 19, 2021; and a Third Amendment on May 9, 2022; and
WHEREAS, Building 169, Suite 10 2, known as the “Premises”, consists of approximately 43,555 square feet of rentable
square feet; and
WHEREAS, the Premises are and will continue to b e used for the sale of products, at full price and/or discount, from all Williams-Sonoma operated retailers; and
WHEREAS, the current lease term expired on April 30, 2023, and Williams- Sonoma is in a month -to-month holdover tenancy; and
WHEREAS, Williams -Sonoma wishes to amend the terms of the Lease Agreement; and
WHEREAS, the proposed Fourth Amendment to the Lease Agreement retroactively extends the term of the lease for 12 months until April 30, 2024 with no extension option; and
WHEREAS, the base rent for each month of the extension term is 2 $30,348.50; and
WHEREAS, under the Fourth Amendment, the security deposit will increase to $30,348.50.
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 is hereby authorized to execute for and on behalf of the City of Alameda, a Fourth Amendment to the Lease Agreement with Williams -Sonoma, Inc. a Delaware corporation, for Building 169, Suite 102 at Alameda Point for 12 months with no option to renew, 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 a ny 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
3 * * * * *
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 this __ day of June 2023, 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 ____ day of June 2023.
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
Yibin Shen, City Attorney
City of Alameda