CITY OF ALAMEDA ORDINANCE NO. _____
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD
AMENDMENT TO THE LEASE WITH SMALL SIZE BIG MINDS, INC., A CALIFORNIA CORPORATION, FOR BUILDING 35, LOCATED AT
2450 PAN AM WAY AT ALAMEDA, CA LIFORNIA, EXTENDING THE LEASE TERM BY 12 MONTHS WITH AN ADDITIONAL 12-MONTH
EXTENSION OPTION, FOR A TOTAL POTENTIAL EXTENSION OF 24 MONTHS
WHEREAS, Small Size Big Minds, Inc. (SSBM) is an established preschool that provides year-round infant and preschool care serving children from eight weeks to five years; and
WHEREAS, Building 35 consists of approximately 2,764 square feet of rentable space and an underlying parcel that includes approximately 16,552 square feet; and
WHEREAS, the SSBM location will continue to serve as a temporary preschool location on the City’s west end; and
WHEREAS, the proposed Third Amendment extends the term of the lease for twelve (12) months, and includes a second extension option for an additional twelve (12) months, for a total potential extension of twenty-four (24) months; and
WHEREAS, the monthly base rent is $4,827.00 for Months One (1) through Twelve (12), and $5,005.00 during the extension term for Months Thirteen (13) through Twenty-Four (24); and
WHEREAS, the holdover rent under the Third Amendment – in the event that SSBM fails to vacate the premises when the lease expires – is 200% of base rent; and
WHEREAS, the City contends that these lease extension terms are consistent with the West Midway project timeline.
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 Third Amendment to the lease with Small Size Big Minds, Inc., a California corporation, for Building 35 at 2450 Pan Am Way at Alameda Point for twelve (12) months with an additional twelve (12) month extension option, 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 this 20th 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 21st day of June 2023.
Lara Weisiger, City Clerk
City of Alameda
Approved as to form:
_________________________
Yibin Shen, City Attorney
City of Alameda