CITY OF ALAMEDA ORDINANCE NO. ______
New Series
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE LEASE WITH PLAY HOUSE, LLC DBA
DIRECTOR’S CUT, FOR APPROXIMATELY 1,850 SQUARE FEET OF
RETAIL SPACE IN THE HISTORIC ALAMEDA THEATRE LOCATED
AT 231 9 CENTRAL AVENUE, ALAMEDA, TO MODIFY MONTHLY
RENT AND LEASE TERM, ESTABLISH OPERATING PROVISIONS ,
AND RELIEVE OUTSTANDING RENT
WHEREAS, Play House, LLC, a limited liability company doing business as Director’s Cut (Project Burger) (Play House), operates a family-friendly, sit -down restaurant the Alameda Theatre complex located at 2315 Central Avenue, Suite 122, Alameda consisting of approximately 1,850 rentable square feet; and WHEREAS, a 120-month lease with Play House commenced on May 1, 2018 and terminates on May 31, 2028, and includes one 5-year extension option; and WHEREAS, the City and Play House have negotiated a first amendment to the lease amending the lease termination date to October 31, 2025 , reducing the monthly base rent to a current market rate of $5,530 per month (or, approximately $2.98 per square foot), establishing operating requirements at six months and twelve months, and relieving Play House of prior outstanding rent.
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 on behalf of the City of Alameda, a first amendment to the lease with Play House, a California limited liability company , to amend the lease termination date to terminate on October 31, 2025, reduce the monthly rent to a current market rate of $ 5,530 per month ( Months 1-12) and $5,690 per month ( Months 13-24), establish operating milestone requirements at six months and twelve months, and relieve Play House of prior outstanding rent in the amount of $238,000 for the premises at 231 9 Central Avenue, Alameda 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 the 17th day of October 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 18th day of October 2023.
___________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
___________________________
Yibin Shen, City Attorney
City of Alameda