1 Lara Weisiger
From: Amy Wooldridge
Sent: Tuesday, October 3, 2023 2:19 PM
To: Trish Spencer; Jennifer Ott; Abby Thorne-Lyman; Allen Tai; Lara Weisiger Cc: Yibin Shen
Subject: RE: 5-I
Attachments: Lease_1900_Thau_Way_AFB.pdf; 1991 Alameda Food Bank Lease.pdf; MasterPlan Hi Res_125p- FINAL.pdf
Hello Councilmember Herrera Spencer,
This email is to provide a consolidated response to your questions about All Good Living Foundation (AGLF) posed in three different email threads.
1) I am confirming that the subject property for the AGLF lease is part of the open space parcel connected with Jean Sweeney Open Space Park. When this lease was discussed at the 9/19/23 City Council meeting, staff confirmed this area is zoned Open Space. Regarding the Sweeney Park property lines, attached is the Sweeney Park Master Plan, however there are boundary lines on the southern border, unrelated to the parcel in discussion for the lease, that are now different due to the 2021 Union Pacific settlement. We do not have an updated boundary map of the park since the 2021 settlement agreement. 2) The Board of Directors includes the following:
Chair (Judy Tam)
CFO Fred Fielding
Margie Chung
Chris Tam, Ex Officio (Non voting)
3) AGLF will provide its by‐laws later this week. Their CFO has the file and is currently unavailable. 4) Regarding the City requiring financials to lease the space to AGLF for $1/year for 59 months, for any lease, city staff confirms whether the potential tenant is financially solvent enough to pay the rent. For example, on larger leases, the City uses a 3rd party to review a company’s financials since that is their proprietary information and generally not to be made public. In this case, the rent is so small at $1/year, staff determined that it is feasible for AGLF to pay the rent. That said, the City can request financial statements per the lease agreement but AGLF is unable to provide it today on short notice.
5) The original contract and the amendment with the Food Bank is attached. 6) The Food Bank stopped direct food distribution from the modular trailer at the beginning of the COVID‐19 pandemic and continued to use the trailer as office space. 7) The Food Bank acquired the trailer through a CDBG grant and it is their responsibility as detailed in the Food Bank’s lease with the City.
8) The size of the subject property is approximately 7,700 square feet.
Amy Wooldridge, she/her
Assistant City Manager
[email protected]
(510) 747‐4709
From: Trish Spencer <[email protected]>
Sent: Tuesday, October 3, 2023 10:16 AM
To: Jennifer Ott <[email protected]>; Amy Wooldridge <[email protected]>; Andrew Thomas <[email protected]>; Allen Tai <[email protected]>; Lara Weisiger <[email protected]> 2 Cc: Yibin Shen <[email protected]>
Subject: Re: 5‐I
Hi all,
I appreciate that I've received a response to my last question on this email.
When may I expect to receive responses to the rest of my questions (i.e., Please confirm that the subject property is part of Jean Sweeney Open Space Park and please provide maps that show the Jean Sweeney Open Space Park boundaries)?
Thank you.
Trish
Trish Herrera Spencer
Councilmember
From: Trish Spencer <[email protected]>
Sent: Monday, October 2, 2023 10:29:47 AM
To: Jennifer Ott; Amy Wooldridge; Andrew Thomas; Allen Tai; Lara Weisiger Cc: Yibin Shen
Subject: 5‐I
Hi all,
As you may recall, I asked at the First Reading (last City Council meeting) whether the modular trailer is on City property and, specifically, part
of Jean Sweeney Open Space Park.
3 At that time, staff said they don't know.
I didn't see that issue discussed in Staff's report for this Second Reading tomorrow.
I believe it is in fact part of Jean Sweeney Open Space Park.
Please confirm that is correct.
Please also provide the maps that show the Jean
Sweeney Open Space Park boundaries.
Also, please confirm the date/year the modular container was put on that location, if possible.
Thank you.
Trish
Trish Herrera Spencer
Councilmember
Subject: 5-I
Hi all,
As you may recall, I asked at the First Reading (last City Council meeting) whether the modular trailer is on City property and, specifically, part of Jean Sweeney Open Space Park.
At that time, staff said they don't know.
I didn't see that issue discussed in Staff's report for this Second Reading tomorrow.
I believe it is in fact part of Jean Sweeney Open Space Park.
Please confirm that is correct.
Please also provide the maps that show the Jean Sweeney Open Space Park boundaries.
Also, please confirm the date/year the modular container was put on that location, if possible.
Thank you.
Trish
Trish Herrera Spencer
Councilmember
Amendment to Alameda Food Bank Lease
This is an .Amendment to the Alameda Food Bank Lease entered into on Jan uary 31, 1991, by and between the CITY OF ALAMEDA , a municipal corporation (hereinafter "City"), and the ALAMEDA EMERGENCY FOOD, INC. (hereinafter "LESSEE") who agree as follows:
WHEREAS, on January 31, 1991, the CITY and LESSEE entered into a lease ofprope1ty located at 1900 Thau Way in Alameda, California whereby the CITY leased property to LESSEE to operate a food bank (hereafter "LEASE"); and
WHEREAS , CITY and LESSEE wish to amend the LEASE and have agreed to make moot the provisions that pertain to the mobil e modular trailer which is the subject of Exhibit "B" because the trailer will be taken out of service. The tem1s and conditions governing the LEASE from the time of execution of this Amendment to the end of the remaining period of the LEASE are in effect; and
\
WHEREAS, the City has programme d Commun ity Development Block Grant funds (Grant fimds) for the removal of the ol.d modular trailer and an acquisition of a new mobile modular trailer; and
WHEREAS , the LESSEE will be the owner with full responsibility of the new mobil e modular trailer that will be placed on the property located at 1900 Thau Way; and WHEREAS, the LESEE will obtain the necessary approvals from the City to install the new trailer in compl iance with this agreement and the Amended LEASE; and NOW, THEREFORE, the PARTIES agree as follows:
SECTION ONE. Paragraph 16 of the lease is amended in its entirety to read as follows:
16. CITY grants LESSEE the right to alter, adjust or modify the leased premises, but only if given written approval by the City Manager or his/her designee prior to the alteration, adjustmen t or modification. Any and all improvements which become permanent fixtures to the premises shall be the prope1ty of CITY effective at termination of this lease, in accordance with California property law. The CITY and LESSEE agree that the mobile modular structure whic h is the subject matter of Exhibit "B" of the original LEASE shall be taken out of service. LESSEE will be responsible for the removal of the mobile modular structure. Any funds derived from the salvage of the mobile modular structure shall revert to the City. Any new structure brought upon the premises, must receive prior approval of the City, and shall be the property of LESSEE alone. With this understanding, at the time the original mobile modular structure is remov ed from the leased premises, Exhibit "B" will be deemed moot.
SECTION TWO. Paragraph 22 of the leas e is amended in its entirety to read as follows:
22. This lease shall be terminated by LESSEE ' s failure to honor any of the provisions set forth in this Agreement. Additionall y, this lease is te1minable at the end of each five year period by either party provided that the party gives six (6) months notice of intent to tem1inate to the other party and in the case of the CITY that CITY has an adopted plan for Redevelopment. After February 1, 1996, the lease will automatica lly be renewed at the end of each remaining five year period, unless the CITY has plans to use this property for another specific use in connection with redevelopment and the CITY gives six (6) months notice as provided in this paragraph.
SECTION THREE. At the time the original mobile modular structure is removed from the leased premises, the following provisions will be deemed to hav e sunsetted and shall not be applicable to the period of time remaining upon this amended lease . Those provisions are as follows:
Paragraphs 13, 14, and 19.
Exhibits "B" and "C".
SECTION FOUR. Except as modified by Sections One, Two and Three of this Amendment set forth above, each and every other provision of the LEASE shall remain in full force and effect.
IN WITNESS WHEREOF, the parties agree to execute this document on the 20th day of March 2007.
Recommended for Approval: CITY OF ALAMEDA
A Municipal Corporation ___)
~7)~ DeraKfilita
Public Works Director City Manager
Approved as to Form: Attest: ~
City Clerk
ALAMEDA EMERGENCY FOOD , INC .
~-· --+--£~~-~---?6- 0/07
Neil Rube'nstein
GB.aii=pcrsoa. ~"' -'' 'o4.c l
\ ,_
AGREEMENT
(Alameda Food Bank Lease)
. st
THIS AGREEMENT, made this 3 l - day of January, 1991, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "CITY"), and the ALAMEDA EMERGENCY FOOD, INC (hereinafter ."LESSEE"), agrees as follows:
1. CITY is the owne~ of property locate~ at 1900 Thau Way and consisting generally of o. 239 of an acre, more or less. This property is described in Exhibit A which is attached hereto and incorporated herein by reference.
2. CITY leases to LESSEE and LESSEE leases from CITY what is hereinafter collectively referred to as "premises" and includes the real property, described in Exhibit A excluding all areas presently occupied by any roadway, sidewalk or bicycle pathway and the building, equipment and other improvements to be constructed in accordance with Exhibit B, attached hereto and incorporated herein by reference.
3. CITY hereby grants to LESSEE a leasehold interest in premises to operate a food bank. LESSEE shall not use premises for any other purpose.
4. This lease shall commence on February 1, 1991 and shall be of :no force and effect prior thereto.
5. The duration of this lease shall be for a maximum twenty five (25) years from said commencement date (Paragraph 4), and subject to the termination provision (Paragraph 22). The first term shall expire on February 1, 1996 and may be renewed for four additional five year terms in accordance with paragraph 22.
6. LESSEE or CITY shall have the option to renegotiate this lease, with terms and conditions acceptable to both parties, providing that LESSEE or CITY gives sixty (60) days notice of intent thereof.
7. CITY has the option to allow other parties the use of 1 ·,
. ..
premises when' such use do~s not interfere with LESSEE'S operations.
The city Manager or his/her.designee and LESSEE shall mutually agree to the terms, conditions and times for such use. Other parties using the premises must comply with the requirements for liability insurance set forth in Paragraph 17 and provide LESSEE a certificate of insurance no later than seven (7) working days prior to use of the premises. Such insurance shall also contain the same type of indemnity and hold harmless clauses in favor of LESSEE as LESSEE'S insurance contains in favor of CITY. a. LESSEE shall p·ay to CITY $1. oo per year beginning on February 1, 1991 and each year on that same date for the following twenty-five (25) years or until termination of the lease.
9. LESSEE agrees to pay for all utility services, including sewer, for premises and maintain refuse collection at all times.
Other parties occupying the premises shall be required to reimburse LESSEE for those costs pro rata for the time they occupy the premises.
10. LESSEE agrees to pay all City, County, state or Federal taxes of any type whatsoever relating to the leased premises \_,__,,. including but not limited to any buildings, facilities and appurtenances thereon.
11. LESSEE agrees at its own costs and expense, during the term of the agreement, to keep and maintain all premises, including but n9t li~ited to structures and excluding landscaping, operated by it under this agreement, in good order and repair; except that CITY will be responsible for uses and maintenance by other lessees of the premises who may be allowed by CITY to use this facility.
12. CITY reserves the right to inspect the operations and maintenance of the premises at any reasonable time.
13. LESSEE shall submit an annual report to the city Manager or his/her designee, summari .zing the numbers and results of direct client services. Reports shall include information so that the city may verify that at least 51% of clients reside in low- and moderate-income households.
14. Records shall be maintained for no less than three (3) 2 . '
years from the submission of each annual report and in sufficient detail as to verify such reports. on-site monitoring of the LESSEE U may be conducted as appropriate, with prior notice, to review program records.
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15. LESSEE shall notify CITY in writing of any changes in its organizational by-laws, personnel (paid staff) and/or Board of Directors.
16. CITY grants LESSEE the right to modify and remodel
premises, but . only if approved by .the City Manager or his/her designee prior to installation. Any and all improvements which become permanent fixtures shall be the property of CITY effective at termination of lease, in accordance with California property law. •
17. On or before the commencement of the term of this
agreement, LESSEE shall furnish city with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Paragraphs 17A, B, C and D. Such certificates, which do not limit LESSEE' s indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be cancelled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days' advance notice to the City of Alameda by certified mail, Attention: City Clerk." It is agreed that LESSEE '
shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to city and licensed to do insurance business in the state of California. '
A. COVERAGE:
LESSEE shall maintain the following insurance coverage:
(1) Workers' compensation:
Statutory coverage as required by the State of
California.
(2) Liabilitv:
Comprehensive general coverage in the following
3 •(
L
minimum limits:
(
Bodily Injury:
Property I;)amage:
$1,000,000.
each occurrence
$2,000,000.
aggregate products/
completed operations
$1,000,000
aggregate - all other
(if applicable)
$100,000 each occurrence
$250,000 ·aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000. will be considered equivalent to the required minimum limits shown above.
B. SUBROGATION WAIVER:
LESSEE agrees that in the event of loss due to any of ·the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that LESSEE shall look solely to its insurance for recovery. LESSEE hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either LESSEE or city with respect to the services of LESSEE herein, a waiver of any right to sub1:ogation which any such insurer of said LESSEE may acquire against City by virtue of the payment of any loss under such ' insurance.
C. FAILURE TO SECURE:
If LESSEE at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the LESSEE'S name or as an agent of the LESSEE and shall be compensated by the LESSEE for the costs of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid.
O. ADDITIONAL INSURED:
City, its City Council, Boards and Commissions, officers, and 4 employees shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured . An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
18. LESSEE shall maintain all equipment and conduct all operations in a safe and orderly manner and shall, at the request of the city Manager or his/her designee, withdraw from using any equipment or cease any operations deemed to be unsafe or detrimental for use by or to the public.
19. LESSEE shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY and including the Special Federal Conditions which apply to the use of CDBG Entitlement funds. The Special Federal Conditions are attached hereto as Exhibit C and incorporated by this reference.
20. In the event of claims or suits by third parties, LESSEE shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merits or outcome of any such claim or suit, arising from or in any manner connected to LESSEE'S negligent performance of services or work conducted or performed pursuant to this agreement.
21. The prevailing party in any action or proceeding to enforce any provision of this lease shall be awarded reasonable attorneys' fees and costs incurred in that action or proceeding.
22. This lease shall be terminated by LESSEE'S failure to honor any of the provisions set forth in this agreement.
Additionally, this lease is terminable at the end of each five year 5 period by either party provided that the party gives nine (9) months notice of intent to terminate to the other party and in the case of the CITY that CITY has an adopted plan for Redevelopment.
If CITY exercises this termination option on or before February 1, 1996, CITY shall, at its own expense, relocate LESSEE. After February 1, 1996, the lease will automatically be renewed at the end of each remaining five year period, unless the city has plans to use this property for another specific use in connection with redevelopment.
IN WITNESS WHEREOF, the parties agree to execute this
document on the 3/St- day, January, 1991 .
Recommended for Approval:
Approved as to form:
~a .. ~
City Attorn~y
6 CITY OF ALAMEDA, a municipal
corporation
By \.\1~ c.¢ ~
r#t ,,,
Attest : _.:.Jf~
Dep u t City Clerk
LESSEE:
Emer gency
EXHIBIT A
LEGAL DESCRIPTION - PROPOSED FOOD BANK PARCEL
EAST OF CONSTITUTION WAY, SOUTH OF ATLANTIC AVENUE
Real property in the City of Alameda, County of Alameda, State of California, described as follows:
Being a portion of Tract 30, as shown on the map entitled, "Map of Alameda Marsh Land, as partitioned among the owners thereof, in the suit numbered 8923 and entitled, 'Pacific Improvement Company, plaintiff, vs. James A. Waymire, et al., defendants, Superior Court of Alameda County, State of California, "' filed for record July 30, 1900, in Book 25 of Maps, at page 74, Records of Alameda County, · California, further described as follows:
Commencing at the certain granite monument, designated as "11\" lying on the segregation line as shown on the
"Official resurvey of the segregation line and vicinity," filed August 13, 1951, in Book 3 of Surveys by licensed surveyors, at page 16, Alameda County Records, said
monument having coordinates; Y=4 7 0, 611. 66, X=l, 4 87, 42 5. 99 based on the California coordinate system, zone III, as are all bearings and distances in this description;
Thence South a3•10 1 2a 11 , East 57.69 feet along said segregation line to a point on the Easterly right of way line of the Southern Pacific Company, said point being
the Southwestern corner of said tract 30, said point also being the true point of beginning;
Thence North 4•46 1 53" West, 223.93 feet along said
Easterly right of way line to a point on a nontangent
curve concave to the Northeast, having a radius of 527.68 feet (a radial line to said point bears south .61°51 1 24" West) ;
Thence South Easterly along the arc of said curve 120.59 feet, through a central angle of 13°05 1 39";
Thence South 4°46'53" East, 131.95 feet more or less to a point on said segregation line;
Thence North 83°10 1 28 11 West, 61.25 feet along said
segregation line to the beginning.
Containing 0.239 of an acre, more or less.
Section 109 of the Housing and Communitv Development Act of lill
No persor in the United States shall on the grounds of race, color, national origin, or sex be exclud~d from participation in, be denied the 'benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made available under this title.
Section 109 of the Act further provides that any prohibition against discriminat_ion on the .basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 {29 -u.s.c. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
Nondiscrimination Based on Handicap (24 CFR 8)
These regulations implement Section 504 of the Rehabilitation i"---' Act of 1973, as amended, as cited in Section 109 of the Housing and Community Development Act.
The LESSEE ' S program must be operated so that, when viewed in its entirety it is readily accessible to and usable by
' individuals with handicaps. LESSEE is required to make reasonable accommodations (ie . adaptiops of the facility, program or service} which will allow a qualified individual with handica .ps to participate. However, LESSEE is not required to take any action which can be demonstrated to impose an undue financial and administrative burden.
Political Activity
In accordance with Section 570.207(a) (3), the premises shall not be used for any partisan political activity, or to further the election or defeat of any candidate for any public office. ii
<
EXHIBIT B
BUILDING AND OTHER IMPROVEMENTS
The CITY agrees to supply a either a new or rehabilitated 24 1 x 60' mobile modular structure which meets the requirem .ents of the Uniform Federal Accessibility Standards, 1984 (41 CFR 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The engineer or architect responsible for such design, construction or alteration shall certify compliance with the above standards. In resolving any conflict between the accessibility standards cited above, the more stringent standard shall apply.
The CITY agrees to landscape the property.
The CITY agrees to pave the property.
The CITY agrees to provide utility, including sewer hookups i
•
(
EXHIBIT C
SPECIAL FEDERAL CONDITIONS
Eligibility and Benefit
CITY is a participant in the Community Development Block Grant Program (CDBG} authorized under the Housing and Community ·'
Development Act of 1974, as amended, and has determined there is a citywide need for distributing emergency food for low- and moderate-income persons and families. CITY has programmed funds , ' from FY 1988-89 and FY 1990-91 CDBG Entitlements for the purpose of acquiring the premises to store and distribute emergency food, an eligible use of funds under Section 570.201 (a).
LESSEE agrees to meet the national objective of benefitting low- and · moderate-income persons per Section 570. 208 (a}, by providing emergency food to households at least 51% of which have incomes at or below 80% of the median income for the San ~ Francisco/Oakland SMSA as established by the Department of Housing and Urban Development Section 8 Program.
civil Rights/Equal Opportunity
l
This agreement is subject to laws concerning Civil Rights and Equal Opportuni~y including but not limited to:
civil Rights Act of 1964
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
i
\__
.11.GMEt•IFJlt'r
(Alameda toocl Bank. J,ease}
. "'.21st THIS AGREEIU:t-!T, made this _:J - day of January, 1991, by and between the CITY OF ALAMEDA, a municipal co,:poration (h�reinafter "ClTY"), and the AL1\MEDA EMERGENCY FOOD, INC (here.inaft<\r ."LtSStE"), agrees as follows:
i. CITY is the owner of property located at 1900 Thau Way and consisting generally of 0.239 of an acre, tnore or less. 'l'his tiroperty is described in Exhibit A which
is attached hereto and
incorporated herein by reference.
2. CI'l'Y leases to LBSSEE and LESSEE: leases from CITY What is her<!irtafter coll�cti ve1y r�fet-t'ed to as lrpremises0 1u1d includes the rial property. described !11 txhibit A excluding all areas presently bcc11pied by a11y roadway I Aidewiilk or bicy<;?le pathway ahd the buildihg, eqUlpment and other improvements to be constr:uct:ed in accordance with Exhibit�. attachti!d hereto !ind incorporated her:ein by t-1:!fe:rence.
j, CITY hereby grants
to LESSEE a leasehold interest in
ptelt\l.�e� to operate a food bank. LBSSEE shall not use pre1nlses for ahy_other purpose.
4. 'i'hi§ 1�4�e �ha11 coml1iettce on .February 1 1 19�1 and shall be of,no totce !tld @tf@ct prior t:btir�to.
s. 1'he duration ot this l�ase shall b� for a maximum twenty fivt! {25) yeai:-s trom said eotillil@ncelilebl: dat:e (Paragraph ..t), and
�ubject: to the termination provisioti (Paragraph 22). The first t�r111 shAll explr� oh February 1; 1996 and ffi�y be tenewed for four additional ffve,yeat tettns .itt aoeordance �ith paragraph 22. (;. LESSEE or ct'rt thilll hllve the tiption to renegotiate this lease, with t.�rn� ahd colidH:lonlJ licceptable to both J;>arties, J;>tovitling that LESSEt ot" CITY gives sixty (60) days notice of intent thereof.
1. CITY has the option to allow other. parties the use of Post-It" Fax Note 7671
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premises when such use does not interfere with LESSEE1 s operat ion s .
The City Manager or his/her designee and LESSEE shall mutually agree to the terms, conditions and times for such use. Other parties using the premises must comply with the requirements for liability insurance set forth in Paragraph 17 and provide LESSEE a certificate of insurance no later than seven (7) working days prior to use of the premises. Such insurance shall also contain the same type of indemnity and hold harmless clauses in favor of LESSEE as LESSEE'S insurance contains in favor of CITY.
8. LESSEE shall pay to CITY $1.00 per year beginning on February 1, 1991 and each year on that same date for the following twenty-five {25) years or until termination of the lease.
9. LESSEE agrees to pay for all utility services, including sewer, for premises and maintain refuse collection at all times. other parties occupying the premises shall be required to reimburse LESSEE for those costs pro rata for the time they occupy the premises.
10. LESSEE agrees to pay all city, County, State or Federal taxes of any type whatsoever relating to the leased premises including but not limited to any buildings, facilities and appurtenances thereon.
11. LESSEE agrees at its own costs and expense, during the termof the agreement, to keep and maintain all premises, including but not limited to structures and excluding landscaping, operated by it under this agreement, in good order and repair; except that CITY will be responsible for uses and maintenance by other lessees of the premises who may be allowed by CITY to use this facility.
12. CITY reserves the right to inspect the operations and maintenance of the premises at any reasonable time.
13. LESSEE shall submit an annual report to the City Manager or his/her designee, summarizing the numbers and results of direct client services. Reports shall include information so that the city may verify that at least 51% of clients reside in low- and moderate-income households.
14. Records shall be maintained for no less than three (3) 2 . '
years fro m tho sub miss i on of each annual repprt and in sufficient detail as to ver ify s uc h reports. on-site monitori ng of the LESSEE may be conducted as appropriate , with prior not i ce, to revie w program recor ds ,
15. LESSEE shall notify CITY in writing of any changes in its organizational by-laws, pei;-sonnel (paid staff) and/or Board of Directors.
16. CITY grants LESSEE the right to modify and remodel
premises, but. only if approved by the City Manager or his/her . designee prior to installation. Any and all improvements which become permanent fixtures shall be the property of CITY effective at termination of lease, in accordance with California property law.
17. On or before the commencement of the term of this
agreement, LESSEE shall furnish city with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Paragraphs 17A, B, C and D. such certificates, which do not limit LESSEE'S indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be cancelled or coverage reduced before the expiration date thereof, the insurer afforded coverage shall provide thirty (30) days advance notice to the City of Alameda by certified mail, Attention: city Clerk." It is agreed that LESSEE shall maintain in force at all times during the perfonnance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the state of California.
A. COVERAGE:
LESSEE shall maintain the following insurance coverage:
(1) Workers• Compensation:
Statutory coverage as required by the State of
California.
(2) Liability:
Comprehensive general coverage in the following
3 minimum limit s:
Bodily I njury :
Property Damage:
$1, 000,000.
each occurrence
$2,000,000.
aggregate products/
completed operations
$1,000,000
aggregate - all other
(if applicable)
$100,000 each occurrence $250,000 ·aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000. will be considered equivalent to the required minimum limits shown above.
B. SUBROGATION WAIVER:
LESSEE agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that LESSEE shall look solely to its insurance for recovery. LESSEE hereby grants to city, on · .behalf of any insurer providing comprehensive general and automotive liability insurance to either LESSEE or City with respect to the services of LESSEE herein, a waiver of any right to subrogation which any such insurer of said LESSEE may acquire against City by virtue of the payment of any loss under such • insurance.
C. FAILURE TO SECURE:
If LESSEE at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the LESSEE'S name or as an agent of the LESSEE and shall he compensated by the LESSEE for the costs of the insurance premiums at the maximum rate permitted by law computed from the date _written notice is received that the premiums have been paid.
D. ADDITIONAL INSURED:
City, its City Council, Boards and Commissions, officers, and 4 employees shall be named as an addltional insu red under all insurance coverages , except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
18. LESSEE shall maintain all equipment and conduct all operations in a safe and orderly manner and shall, at the request of the City Manager or his/her designee, withdraw from using any equipment or cease any operations deemed to be unsafe or detrimental for use by or to the public.
19. LESSEE shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY and including the Special Federal Conditions which apply to the use of CDBG Entitlement funds. · The Special Federal Conditions are attached hereto as Exhibit C and incorporated by this reference.
20. In the event of claims or suits by third parties, LESSEE shall indemnify and hold harmless CITY, its City council, boards and co:mrnissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys• fees, regardless of the merits or outcome of any such claim or suit, arising from or in any manner connected to LESSEE•s negligent performance of services or work conducted or performed pursuant to this agreement.
21. The prevailing party in any action or proceeding to enforce any provision of this lease shall be awarded reasonable attorneys• fees and costs incurred in that action or proceeding.
22. This lease shall be terminated by LESSEE'S failure to honor any of the provisions set forth in this agreement.
Additionally, this lease is terminable at the end of each five year 5 pe'l:'iod by eithe r. par t y p-i;-ovided t hat t he par.~.y gives nin e (9) months notice o f inte nt t o term ina te tp t he othe'r: par t:.y cmd in the case of the CITY that CITl/ tias an adopted plan for Re<levelop1nent.
If CI'1'¥ exercises thi$ tel7lli1'lo1tion pption i:in or ))efore februc1ry l, 1996, CITY shall, at its own e~pense, relocate LESSEE. .\fter Febn~ary 1, 1996, the lease will automat.i.c<11l.y l>e renewe<l c1t the end of each remaining five year period, un+~l>lil th@ City has plan$ to use this property for another specific use .to connection wil::h redevelop111ent.
IN WITHESS WHEREOF, the part.iiils agree to e:i.:ec~te ttiis :'l1sr docun1ent on the ~il.~l _ day, .:ram1ary, 1~91.
Recommended for Approval:
Approved as to form:
LESSEE;
6 EXHIBIT A
LEGAL DESCRIPTION - PROPOSED FOOD BAN~ PAJ\CBL
EAST OF CONS'l'ITO'TION WAY, SOU'l'.B OF ATLANTIC AVENUE Real property in the City of Alameda, County of Alameda, State of California, described as follows:
Being a portion of Tract 30, as shown on the map entitled, "Map of Alameda Marsh • Land, as partitioned among the owners thereof, in the' suit numbered 8923 and entitled, 'Pacific Improvement Company, plaintiff, vs. James A. Waymire, et al., defendants, Superior Court of Alameda County, State of California, "' filed for record July 30, 1900, in Book 25 of Maps, at page 74, Records of Alameda County,· California, further described as follows:
Coltllllencing at the certain granite monument, designated as "ll\" lying on the segregation line as shown on the
"Official resurvey of the segregation line and vicinity," filed August 13, 1951, in Book 3 of Surveys by licensed surveyors, at page 16, Alameda County Records, said
monument having coordinates; Y=470,611.66, X=l,487,425,99 based on the California coordinate system, zone III, as are all bearings and distances in this description;
Thence South 83'10'28", East 57.69 feet along said
segregation line to a point on the Easterly right of way line of the Southern Pacific Company, said point being
the Southwestern corner of said tract 30, said point also being the true point of beginning; Thence North 4•46
1 53" West, 223.93 feet along said
Easterly right of way line to a point on a nontangent
curve concave to the Northeast, having a radius of 527.68 feet (a radial line to said point bears South
0 61•s1•24u West);
Thence South Easterly along the arc of said curve 120.59 feet, through a central angle of 13•05•39";
Thence South 4•46'53" ·East, 131.95 feet more or less to a point on said segregation line;
Thence North 8J•10•2s 11 West, 61.25 feet along said segregation line to the beginning.
Containing 0.239 of an acre, more or less.
G
•
( .
EXHIBIT~
BUILDING AHD OTHER IMPROVEMENTS
The CITY agrees to supply a either a new or rehabilitated 24 1 x 60• mobile modular structure which meets the requirements of the Uniforn Federal Accessibility Standards, 1984 (41 CFR 3) and the , .
Handicapped Accessibility Requirements of the state of California Title 24. The engineer or architect responsible for such design, construction or alteration shall certify compliance with the above standards. In resolving any conflict between the accessibility standards cited above, the more stringent standard shall apply.
The CITY agrees to landscape the property.
The CITY agrees to pave the prop~rty.
The CITY agrees to provide utility, including sewer hookups ·., •'
..
i
"i
••
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(
EXHIBIT C
SPECIAL FEDERAL CONDITIONS
Eligibility and Benefit
CITY is a participant in the Co111rnunity Development Block Grant Program (CDBG} authori~ed under ~he Housing and Colllmunity /
Development Act of 1974, as amended, and has determined there is a citywide need for distributing. emergency food for low- and moderate-income per~ons and families. CITY has prograwned funds . . from FY 1988-89 and FY 1990-91 CDBG Entitlements for the purpose of acquiring the premises to store and distribute emergency food, an eligible use of funds under Section 570.201 (a}.
LESSEE agrees to meet the national objective of benefitting low- and moderate-income persons per Section 570.208 (a}, by providing emergency food to households at least 51t of which have incomes at or below 80% of the median income for the San Francisco/Oakland SMSA as established by the Departinent of Housing and Urban Development Section 8 Program.
civil Rights/Equal opportunit~
' :. t
This agreement is subject to laws concerning Civil Rights and Equal Opportuni~y including but not limited to:
Civil Rights Act Qf 1964
Under Title VI of the civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjecte.d to discrimination under any program or activity receiving Federal financial assistance.
i
L
section 102 ot the Housing 104 co.mrnunity Development Act of llli
Ho persop J.n the United States shall on the grounds of race, col.or , n ati onal origin, or sex be exclud9.d fro m participation in., be denied the 'benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made available under this title.
Section 109 of the Act further provides that any prohibition against discriminat~on on the _basis of age under the Age Discrimination Act of 1975 {42 u.s.c. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 {29 ·u.s.c. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
Nondiscrimination Based on Handicap (24 CFR 8)
These regulations implement Section 504 of the Rehabilitation Act of 1973, as amended, as cited in section 109 of the Housing and community Development Act.
'
The LESSEE•s program must be operated so that, when viewed in its ,entirety , it is readily accessible to and usable by individuals with handicaps. LESSEE is required to make reasonable acco:mmodations (ie. adaptiops of the facility, program or service} which will allow a qualified individual with handicaps to participate. However, LESSEE is not required to take any action which can be· demonstrated to impose an undue financial and administrative burd~n.
Political Activity
In accordance with Section S70.207(a)(3), the premises shall not be used for any partisan_ political activity, or to further the election o~ defeat of any candidate for any puQlic office. ii
Ameudmentt o Alameda }roocl Bank Lease
This is an Amendment to the Alameda food ~ank Lease entered inlo on January 31, 1991, by and between the CITY OF ALAMEDA, a mwiieipal corporation (hereinafter "CITY"), and the ALAMTIDA EMERGENCY FOOD, INC. (hereinaller "LESSEE'') who agree as follows:
WHEREAS, on January 31, 1991, the CITY llnd LESSEE entered into a lease of properly located at J 900 Thau Way in Almneda., California whereby the CfJY leased properly to LESSEE to operate a food bank (bereinul1er "LEASE"); and WHEREAS, CITY and LESSEE wish to wuend the LEASE as regards to notic:e required for termination.
NOW_, THEllli.FOllli, the l'AKTlliS agree as follows:
SECTION ONE. Paragraph 22 of the I ,EASE i~ amended in. its entirety to read as follows:
22. This lease shall be terminated by LE8SEE's failure to honor any of the provisions set forlh in this agreement. Additionally, this lease is "terminable at the end of each live year period hy eilher party provided that the party gives six: (6) months nolice of intent lo terminate to the other party and in tl1e case of the CITY that CITY ha8 an adopled plan for Redevelopment After Fcbruruy 1, 1996, the lease will automatically be renewed at the end of each remaining five year period, unless the ClTY has plans to use this pT(>p<1tly for another specific use in connection with redevelopment or lhe CJ.TY gives six (6) m,mlhs notice a~ provided in this paragraph.
SECTION TWO. Except ll~ modi lied hy Sedion One of' thi~ A111endment, each and every other provision of I.he r .F.ASF. shall remain in full lorce aud efle<..1.
IN WflNESS WHEREOF, the parlies agree to execute this document on the day of January, 2001.
Recommended for Approval:
Approved as to form:
Attest:
ClTY OF !\Li\lvlEDJ\, a municipal
Corporation
Ry __________ _
ALAMEDA EMERGENCY 1-'OOD,
INC.
By
ALAMEDA JEAN SWEENEY OPEN SPACE PARK
Atlantic Avenue
Constitution Way
Eagle Avenue
Eagle Avenue
Eighth Street
Nason Street
Ninth Street
Wood Street
Chapin Street
St. Charles Street
Bay Street
Sherman
Bay/Eagle
Community
Garden
Fruit T ree Orchard
Existing Oak T rees
Park Structure
1 Mile T rail & Bike Loop
Public Art
Water & Dry Creek
Foot Bridge
Plaza or Special Paving
Natural Landscape
Lawn Area
Existing Vegetation
Community Garden
* Plantings will be predominantly California native species 0 125 250 500' 1” = 125’ SCALE 1ac
1 min. WalkN
© 2014 KK Design Studio
Masterplan
Key
From: Trish Spencer
To: Lara Weisiger
Subject: Fw: follow up on All Good Living questions
Date: Tuesday, October 3, 2023 10:01:48 AM
Attachments: 1992-06-02 Measure C.pdf
FinalLetter_84-2883326_ALLGOODLIVINGFOUNDATIONINC_09302020_00 (1).tif From: Amy Wooldridge
Sent: Monday, October 2, 2023 5:51 PM
To: Trish Spencer
Cc: Jennifer Ott; Yibin Shen
Subject: follow up on All Good Living questions
Hello Councilmember Herrera Spencer,
This is to provide answers to the questions you raised in our discussion today about the All Good Living lease agreement.
The original ballot measure language you requested is attached (Lara may have also sent it to you earlier today)
The existing modular trailer was installed in 2007. I confirmed these trailers generally have a lifespan of 25 – 30 years.
The lease with All Good Living requires that they maintain the trailer, property around it and parking lot in a neat and clean condition.
Staff spoke with them today and they
intend to paint the trailer and want to generally beautify the trailer and area around it.
I confirmed that as a new tenant, a new Certificate of Occupancy is required. This means that a Building Inspector would inspect the trailer, including the interior, to confirm it meets CA Building Code, for example fire code, ADA access, utilities and HVAC
I confirmed that All Good Living is a 501c3 as recognized by the IRS. Their non-profit determination letter is attached.
Below is the list we received regarding the sports equipment All Good Living has donated to date and the organizations they donated to:
1. Chess sets (200 sets)
2. Lacrosse equipment (20 sticks)
3. Basketballs (300 Balls)
4. Golf equipment (40 Clubs/20 shoes)
5. Baseball/Softball equipment (40 gloves and bats)
Places receiving the donations:
1. Alameda County McKinney Vento students
" . - ----_._,-
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& Voter Information Pamphlet
AMERICAN INDEPENDENT PARTY
Consolidated Primary Election
Tuesday, June 2, 1992
THE LOCATION OF YOUR
POLLING PLACE
IS SHOWN ON BACK COVER
TAKE THIS SAMPLE BALLOT TO THE POLLS
AND PREMARK IT TO AVOID DELAY
POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M.
NOTICE: Absent Voter Ballot Application On Back Cover
Muestra de Salota
y Folleto de Informacion para el Votante
PARTIDO INDEPENDIENTE AMERICANa
Elecci6n Primaria Consolidada
martes, 2 de junio de 1992
EL LUGAR DONDE DEBE
USTED VOTAR
APARECE EN LA CUBIERTA POSTERIOR
PARA EVITAR DEMORAS, MARQUE ESTA MUESTRA DE
BALOTA DE ANTEMANO Y TRAIGALA CUANDO VENGA AL
LUGAR DE VOTACI6N EL DiA DE LAS ELECCIONES.
LAS ELECCIONES EMPIEZAN A LAS 7 A.M. Y TERMINAN A LAS 8 P.M.
AVISO: La Solicitud para Balota de Votante Ausente aparece en la cubierta posterior
...
The proposed balot measure would amend the City Charter to consolidate future General Muncipal Elections withStatewide November General Elections. Statewide November General Elections are held in November of each even- numbered year. Ifthis balot measure is passed, the City s General Muncipal Elections would be held on the same day asthe Statewide General Elections, which is in November of each even-numbered year.
If passed, the tenns of the current Mayor and members of the City CouIIii and members of the Board of Education would be shortened by approximately 4 to 5 months. The next General Municipal Election would be held in November 199 instead of March, 1993. Subsequent elections would be held every 2 years and subsequent elected offcials would serve their full tenn.
The Registrar of Voters estimates that the consolidation proposed by this balot meas ure could provide the City ofAlameda with a 25% to 45% cost savings. Recent General Municipal Elections have cost approximately $40 00 to$45 00.
s/CAROL KORADE
City Attorney
City of Alameda
No arguments submitted for or a9ainst Measure
PROPOSED CHARTER AMENDMENT OF THE CITY OF ALAMEDA
MEASURE C: Shal the City Charter of the City of Alameda be amended to prohibit sale or YES
alenation of public parks and recreational lands
, including Alameda Golf Complex, unlessauthoried by majority vote of the electors; except the City Council may lease or grantconcessions, pennits, licenses, or easements in any public park or recreational land and may sell any public park or recreational land if it is replaced with a facilty of comparable size and utilty?
FULL TEXT OF MEASURE C
Section 22- . Notwthstanding any other provisions of this Charter to the contrar, the public parks of the City shalnot be sold or otherwse alenated except pursuant to the affnnative votes of the majority ofthe electors voting on such aproposition; except that the City Counci may (a) lease or grant concessions or privieges in public parks or any portionthereof or buiding or structure situated therein, or (b) grant permts, licenses or easments for street, utilty or any otherpurpses in public parks or any portion thereof or buidig or structure situated therein, or (c) sell or dispose of publicparks or any portion thereof if, after a public hearing or hearngs in each ca, the City Counci determes that anothernew public park has been or wi be designated by the City Counci for public park purpses and opened to the public forpublic park purpses. The City Counci slial determne that said " new public park" is of comparable size and utilty andserves the same servce area with substantialy the same amenities and improvements. As used herein " public parksmeans any and al lands of the City which have been or wi be designated by City Counci for public park
purses and/orcreational uses and opened to the public for public park purpses and/or recreational uses. "Public parks" also includesthe Alameda Golf Complex.
AM2
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CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE C
Ths balot measure wi amend the Alameda City Charter to prohibit, with certain specifed exceptions, the sale,alenation of public parks without a majority vote of the City electors who vote on the issue. Public parks are defined toinclude the Chuck Corica Golf Complex (fonnerly Alameda Golf Complex) and other land designated and open to the public for public park pUrses and/or recreational uses. Recreational uses are facilties such as boating facilties. Passiveparks, such as Towata Park, are considered public parks. Open space, such as the Portola Triangle, is not included in thedefition of public park. Alenation is a broad tenn covering various fonns of transferring property. The specified exceptions are the followig. Leases, such as the swimig pool leases, would be permitted without avote of the electors under the provision alowing the City Counci to grant leases , concessions or privieges to use publicparks. Simiarly, permts, licenses and easements for street, utity and other purposes would be alowed without a vote ofthe electors. Public parks could be sold without a vote of the electors only if certai conditions are met. The conditionswould requie that the City Counci hold one or more public hearings and determne that there wi be another new publicpark as a replacement. The City Counci would have to fid that the replacement park be (1) designated for public parkpurses, (2) open for public park purses, (3) of comparable size and utity, and (4) of servce to the same servce areawith substantialy the same amenities and improvements.
The current Charter restriction on the sale or lease of public parks is that four Councilmembers must vote for the sale orlease. Other laws and deed restrictons may also restrict or condition the sale or lease of public parks.Ths measure may result in restricting the City s abilty to finance projects by mortgage-type mechanisms such asleaseback or asset transfer financig. s/CAROL KORADE'
City Attorney
City of Alameda
ARGUMENT IN FAVOR OF MEASURE C
Alamedans have the opportunity to protect their precious public parks and envionment for generations to come withthe passage of Measure C. Ths measure is the most important piece of legislation to come before Alameda voters since 'the pasage of Measure ''A'' in 1972 which saved our precous victorian homes , historic buidings and heritage. Simplyput, Measure C wi take out of the hands of politician the abilty to sell any of our precious public parks, golf courses andboatig facities and put it in the hands of you, the people. Only you, the citizen and taxpayer, would be able to sell it.Ths is your land. Ths is your public park. Ths should be yours to decide. Taxpayers throughout Calforna have beenappaled and outraged by imense sellg of public parks. Let's not fool ourselves, it could happen here someday.Alameda is a most unique recreational community. Established in 190 , its City Recreation and Park Department is thesix oldest in the State of Caforna. Our forefathers had the vision to leave us a legacy of outstanding recreationalfacities. Let us do the same for our chidren and grandchidren. We have the chance, now, to make history. Thepreservation of our beauti public parks should be a top priority of al Alamedans. The choice is yours. The time is now.Vote YES on Measure C. s/"Lil" Americh
Alameda Councian
s/aul Aragon
Fonner Golf Commssioner
s/on Sherratt
Fonner Recreation Commssioner
s/Chuck Corica
Fonner Mayor
sle Janvier
Educator
No argument submitted against Measure C.
AM3
2. Alameda Unified School District
3. Academy of Alameda
4. NEA/Alameda Community Learning Center
5. Building Futures
6. Alameda Point Collaborative
7. Chuck Corica programs
8. Oakland Unified School District
9. San Lorenzo School district
10. Fremont School district
Thank you,
Amy
Amy Wooldridge, she/her
Assistant City Manager
[email protected]
(510) 747-4709