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HomeMy WebLinkAboutReso 56-23 86-86W LibertineRESOLUTION NO. 56-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT #1 TO THE INTERIM MASTER LEASE AGREEMENT FOR LEASE SITE 86/86W, LOCATED AT 801 EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND LIBERTINE BREWING COMPANY, INC. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay is the lessor of certain properties on the Morro Bay Waterfront described as City Tidelands leases and properties; and WHEREAS, Libertine Brewing Company, Inc. is the current interim master leaseholder at Lease Site 86/86W; and WHEREAS, Tenant's representative was unable to obtain Concept Plan approval from the Planning Commission and City Council on or before April 30, 2023 at 4:00 p.m. as required by the approved Consent of Landowner (COL); and WHEREAS, the City and Tenant have negotiated a six-month extension of the COL with a cost recovery fee of $1,680 charged for staff time allocated to preparing the COL extension with daily penalty of $100/day for any daily delays past the programmed deadlines; and WHEREAS, the Parties desire to amend the Interim Master Lease term to conform with the date of Condition 13 of the COL, which states "The Applicant must obtain Building Plan approval on or before July 31, 2025 at 4:00 p.m." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The attached Amendment #1 to the Interim Master Lease Agreement for Lease Site 86/86W is hereby approved subject to Percentage Rent due being paid. 2. The Mayor is hereby authorized to execute said Interim Master Lease Agreement Amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 121h day of September 2023 on the following vote: AYES: Wixom, Barton, Edwards, Ford, Landrum NOES: None ABSENT: None ABSTAIN: None RECUSE: None r C�YY �f v CARLA WIXOM, Mayor AlEST. (A A SWA SON, City Clerk