Parks, Recreation & Waterfront Department

Request for Applications & Opportunity for Lease

225 University Avenue at the Berkeley Waterfront OPPORTUNITY FOR LEASE The approximately 1,800 square foot property at 225 University Avenue, Berkeley, CA, at the Berkeley Waterfront, will be available for lease in May, 2020. The City requests that interested parties submit applications by Monday, February 17, 2020, at 5:00 p.m.

The City of Berkeley seeks a tenant that will: a) Enhance recreational enjoyment of the Waterfront through offering services, food, beverages,

or retail items, while catering in some part to the boating/fishing/marina community (this may be as simple as providing food/drinks/services, offering fishing licenses for sale, or as involved as operating a bait shop).

b) Comply with the uses permitted by the Public Trust Doctrine; c) Attract the public to the Waterfront; and d) Become a successful, vibrant component of the Waterfront for the next 5 to 8 years.

For profit and non-profit entities are welcome to apply. Please note that the building is not available for residential use. The City’s preference for a term is 5 years, with a 3 year option to extend. The City seeks a triple net lease, in which improvements and maintenance will be the sole responsibility of the tenant. BACKGROUND: The City of Berkeley owns all the land and buildings in the Berkeley Waterfront. The property is within State of California Public Trust Lands and is therefore subject to the Public Trust Doctrine that guides uses of these lands. Its overarching principle is that trust lands belong to the public and are to be used to promote public rather than exclusively private purposes. This can be interpreted to cover a wide range of uses that promote public enjoyment of these lands and waterways, from visitor-serving facilities like restaurants and shops to recreational or community organizations.1 The Berkeley Marina is located west of Interstate 80 with convenient access from University Avenue and panoramic views of San Francisco and the Bay. The Marina contains about 1,000 wet slips (100 live-aboard vessels), a public boat launch, charter sport fishing boats, ferry service, Skates on the Bay Restaurant, Hana Japan Restaurant, the Berkeley Boathouse Restaurant, the Doubletree hotel, Berkeley yacht club, three sailing clubs, and 100 acres of parks. Additionally, there is a City-operated Shorebird Park Nature Center with an adjacent children's play area, “Adventure Playground.” Many visitors enjoy these and other amenities at the Waterfront.

The City owns the building, which is located adjacent to the Hana Japan Restaurant, and across from the South Sailing Basin and Marina Harbormaster’s Office at the Berkeley Waterfront. A bait shop has been at the site for 10+ years in the roughly 1,500 square foot space. Currently the “Berkeley Sportsman’s Center” sells Peet’s coffee, snacks, beverages, beer/wine, to the general public, and fishing licenses, bait, and fishing gear/tackle to the boating community. The shop also boils live crab for fisherman/customers returning from charter boat trips in the winter, and facilitates booking of some charter fishing boat trips for the charter boats that operate on the adjacent K-Dock.

1 See Attachment C for more detail.

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The Building has undergone a series of improvements in the past four years, including:

a) New exterior paint (2015) b) New landscaping (2019) c) New restroom with ADA-compliant (Americans

with Disabilities Act) ramp (2019/2020) – in progress

d) ADA access to the building from the sidewalk. e) New storefront doors accessible and visible via

University Avenue Improvements and maintenance to the building may be undertaken by the tenant.2 Acquisition of a liquor license, if necessary, would be the sole responsibility of the tenant. Generally, the City of Berkeley must ensure that uses of the subject property is consistent with public trust needs, have a public purpose or benefit, and are water-dependent. Uses that directly promote trust uses or that accommodate the public’s enjoyment of trust lands are also permitted. For example, a business that serves Waterfront visitors, park-goers, walkers, runners, fisherman, sailors, etc., or that draws visitors to the Berkeley Waterfront, would likely be consistent with the Public Trust. DEADLINE FOR APPLICATIONS Monday, February 17, 2020 APPLICATION INSTRUCTIONS To submit an application, please complete the following:

1) City of Berkeley Business Rental Application (See Attachment A) 2) Supplemental Information (See Attachment B)

Please send completed applications via email or mail to:

Ali Endress, Waterfront Manager City of Berkeley, Department of Parks, Recreation, and Waterfront 201 University Avenue Berkeley, CA 94710 AEndress@cityofberkeley.info

The deadline for receipt of applications is Monday, February 17, 2020 at 5:00 p.m. SELECTION CRITERIA The City will evaluate applications according to the following criteria:

a. Proposed use of the property: i. The potential to attract the public to the Berkeley Waterfront

ii. Compliance with the spirit of the Public Trust Doctrine.

2 The tenant shall be responsible for submitting plans and specifications and obtaining any permits required for any proposed rehabilitation or remodeling of the buildings. The tenant will also be responsible for ensuring that the premises meet all City of Berkeley, State and Federal codes.

iii. Adds value to the Berkeley Waterfront and broader community. iv. Lease rate

b. Financial capability to improve and maintain the property. c. Management and organizational capacity to successfully operate the proposed

activities. d. Experience operating a similar facility and activity.

QUESTIONS & ANSWERS / BUILDING WALK THROUGH On Wednesday, January 22, 2020, at 2:00 pm, the City of Berkeley will host a Question and Answer (Q&A) session, and a walk through of the building. We encourage interested applicants to attend. The purpose of this walk through is to allow potential tenants an opportunity to inspect and evaluate the condition of the property, including taking measurements and photographs prior to submitting an application. This will also be an opportunity to ask questions about the Public Trust Doctrine and permissible uses. Questions will also be accepted in writing until Friday, January 31, 2020. The questions and responses will be shared with all interested applicants, both during the walk-through and also in written format. TIMETABLE

Friday, January 3, 2020 Application instructions made available for interested parties. Wednesday, January 22, 2020 Q&A and building walk-through at 225 University Avenue

Friday, January 31, 2020 Deadline for applicants to submit questions. Wednesday, February 5, 2020 City response to questions.

Monday, February 17, 2020 Applications due via email at 5pm to aendress@cityofberkeley.info

February –May, 2020 Application review and selection; due diligence and lease development; Parks & Waterfront Commission review; request for City Council approval; lease finalization.

May, 2020 Estimated lease start date. ATTACHMENTS Attachment A Business Rental Application Attachment B Supplemental Information Attachment C Granted Lands Statute, California State Lands Commission Attachment D Property Layout Attachment E Property Location

CITY OF BERKELEY — LEASE APPLICATION ATTACHMENT A

PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.17 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular.

COMPLETE ALL ITEMS (Co-applicants complete separate forms.)

OCCUPANT

BUSINESS/ORGANIZATION: ____________________________________________________ LEGAL NAME: ________________________________________________________________

Sole Proprietorship Partnership Corporation Limited Liability Company Non-Profit Organization

ADDRESS (MAIN OFFICE): ______________________________________________________

YEAR ESTABLISHED: ______ FEDERAL ID#: ________________________________

DESCRIPTION OF BUSINESS: ___________________________________________________

__________________________________________________________________________________

NUMBER OF EMPLOYEES: __ GROSS ANNUAL REVENUE: _____________________

CONTACT PERSON: _______________________ TITLE: ________________________

PHONE #: _________ FAX #: _________ EMAIL: __________________________ Met with Planner at Permit Service Center and understand requirements and timeline for permit process. YES | NO

COMMERCIAL RENTAL HISTORY (No less than 2 years)

PRESENT ADDRESS: _______________________________________________ RENT OWN RENTAL/MORTGAGE AMOUNT PAID MONTHLY: ____________________

DATES OCCUPIED: _____________ REASON FOR LEAVING: ____________________

_________________________________________________________________________________

LANDLORD NAME/MORTGAGE CO.: _____________________________________________

PREVIOUS ADDRESS: _______________________________________________ RENT OWN RENTAL/MORTGAGE AMOUNT PAID MONTHLY: ____________________

DATES OCCUPIED: _____________ REASON FOR LEAVING: ____________________

_________________________________________________________________________________

LANDLORD NAME/MORTGAGE CO.: _____________________________________________

BANK ACCOUNTS & FINANCIAL STATEMENTS

BANK NAME: ________________________________________ACCOUNT SINCE: ______

ADDRESS: _________________________________________________________________________

BANK CONTACT: _____ ______ ____________ CONTACT PHONE: __________

ACCOUNT #: ___________ CHECKING SAVINGS BALANCE ____________

9 Please attach business financial statements for the past 2 years. 9 If not currently operating a business, attach personal financial statements and/or income tax returns.

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CITY OF BERKELEY — LEASE APPLICATION ATTACHMENT A

9 If you have filed for a personal or business bankruptcy in the last 7 years, please attach details.

PRINCIPAL(S)

NAME: ___________________________________TITLE: _________________________

ADDRESS: _____________________________________________________________

EMAIL: __________________________________________PHONE: ________________

NAME: ___________________________________TITLE: _________________________

ADDRESS: _____________________________________________________________

EMAIL: __________________________________________PHONE: ________________

OTHER INFORMATION Sections 7(a)(1) and (b) of the Federal Privacy Act of 1974 (Public Law 93.5.79) provide:

“It shall be unlawful for any Federal, State or Local Government Agency to deny to any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose his/her social security account number.” “Any Federal, State or Local Government Agency which requests an individual to disclose his/her social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.”

The Social Security/Federal ID Number will be used to conduct a credit check and obtain applicant’s credit report, and to trace delinquent tenants who have vacated without leaving a forwarding address. The undersigned makes application to rent commercial property at the City of Berkeley’s 90 Bolivar Drive property. If approved and all terms agreed to, applicant agrees to sign a lease agreement and to pay all sums that may be due before and during occupancy. 9 Applicant represents that statements made in all submitted application documents are true and correct. 9 Applicant hereby authorizes verification of all information, including but not limited to obtaining a credit

report, and agrees to furnish additional credit references &/or business references on request. 9 Applicant acknowledges receipt of notification of the provisions of the Federal Privacy Act of 1974 and

consent thereof. I CERTIFY THAT I HAVE READ THE CITY OF BERKELEY BUSINESS RENTAL APPLICATION AND AGREE TO THE CONDITIONS SET FORTH.

APPLICANT’S SIGNATURE: ______________________________________ DATE: ______________

APPLICANT’S TITLE: ________________________ ______________

--------------------------------------------------------------- STAFF ONLY -----------------------------------------------------------------

RECEIVED BY (PRINT) ___________________________________________ DATE: ____________________

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ATTACHMENT B

SUPPLEMENTAL INFORMATION

Please complete all sections, and submit per the instructions above. Responses may be entered below, or on a separate sheet.

Entity Identification

1. Name of Applicant:

2. Name of existing businesses if applicable:

3. Location of principal place(s) of existing business:

4. Federal ID#:

Program Description

1. Proposed activities or services: Describe your proposed use of the property. Provide a detailed description of proposed programming activities or services to be provided to the public at the premises. Describe how your operation will attract the public to the Berkeley Waterfront.

2. Permissible Use: Description of how entity’s proposed activities or service comply with the Public Trust Doctrine (75 words or less explaining how the use is water-related commerce

3. Marketing: Description of how you will market or advertise your proposed program or activity.

4. Schedule: Proposed operating schedule, including days and times the activity or services will be in operation.

Property Improvements and Maintenance

1. Improvements: List proposed tenant-funded improvements to the property, including timeline for completing and estimated cost.

2. Maintenance: List proposed tenant-funded general maintenance / preventive maintenance measures, including timeline and estimated cost.

3. ADA Access: List plans for ensuring compliance with the Americans with Disabilities Act (ADA).

Lease Rate

1. Lease Rate: Describe proposed payment to the City of Berkeley for the space. Please specify monthly and annual payment proposal.

Financial Capability

2. Funding: Describe source of funds to pay for tenant improvements, maintenance, products, staffing, inventory, marketing, and all costs associated with launching and operating a successful business.

3. Income: Provide a simple projection of business revenues.

4. Financials: Provide summary financial statements for the past two years.

5. Contract: If your organization has had a contract or lease terminated in the last 5 years, describe such incident.

Management and Organizational Capability

1. Management: Describe management structure for proposed operations.

2. Staffing: Provide an organizational chart showing proposed staffing of these operations. Provide resume(s) and references for the day-to-day manager(s).

Experience and References

1. Experience: Describe relevant experiences in operating a similar program or business.

2. References: Provide a minimum of three (3) references.

Attachment C: Granted Lands Statute, California State Lands Commission

Attachment D:

Property Layout at 225 University Avenue (Apx. 1,800 Square Feet)

--------------------- University Avenue ------------------

Subject Location 225 University Avenue

Attachment E: Property Location