pages: CityCouncil/2021-05-18.pdf, 11
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CityCouncil | 2021-05-18 | 11 | Lands Act and the City is going to proceed with the Surplus Lands Act procedures. The Community Development Director responded the comments are correct; stated the option is a cautious approach; modification to the statute about how the exemptions may be applied is new and untested; other cities are taking a position that the land is exempt; staff feels as though the approach is risky and risk should be avoided; staff recommends taking a cautious approach. Councilmember Herrera Spencer expressed support for the approach. Councilmember Herrera Spencer moved adoption of the resolution exempting the properties from the Surplus Land Act and authorizing the City Manager to comply with Surplus Lands Act for the properties listed. Councilmember Knox White seconded the motion, which carried by the following roll call vote: Councilmembers Daysog: Aye; Herrera Spencer: Aye; Knox White: Aye; Vella: Aye; and Mayor Ezzy Ashcraft: Aye. Ayes: 5. (21-347) Introduction of Ordinance Approving a Second Amendment to the Lease with Greenway Golf Associates, Inc., a California Corporation, for Chuck Corica Golf Complex to Adjust Lease Area to Include the Old Fire Training Tower. Introduced. The Recreation and Park Director gave a brief presentation. Mayor Ezzy Ashcraft expressed concern about the lack of hold harmless language; inquired how the City would be protected if an injury incident occurs during demolition or renovation; stated that she is used to seeing a hold harmless clause in agreements. The City Attorney responded Section 12.4 of the original lease states the tenant shall indemnify, protect, defend and hold harmless the City and its employees arising from essentially the tenants use, occupation and enjoyment of the premises; stated the lease extends the premises; therefore, the protection applies to the proposed amendment; the amendment fits into the principal indemnification. Mayor Ezzy Ashcraft stated Greenway Golf will pay for any work completed; inquired whether there is a way to incorporate the hold harmless clause by reference within the amendment. The Chief Assistant City Attorney responded staff can include such language if Council directs as such; stated the hold harmless provision in the original lease carries forward. Mayor Ezzy Ashcraft stated that she would feel better having the language referenced. Councilmember Herrera Spencer stated Greenway Golf will receive storage space; inquired the size of the storage space. Regular Meeting Alameda City Council 10 May 18, 2021 | CityCouncil/2021-05-18.pdf |