HomeMy WebLinkAboutReso 24-24 Amendment _1 to Interim Lease Agreement for Lease Site 62-62WRESOLUTION NO. 24-24
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
APPROVING AMENDMENT #1 TO THE INTERIM LEASE AGREEMENT
WITH TODD BASTON AND TAMARA GRAY-BASTON,
FOR LEASE SITE 62/62W LOCATED AT 551 EMBARCADERO
THE CITY COUNCIL
CITY OF MORRO BAY, CALIFORNIA
WHEREAS, the City of Morro Bay is the lessor of certain properties on the Mono Bay Waterfront
described as City Tidelands leases and properties; and
WHEREAS, Todd Baston and Tamara Gray-Baston (Tenant) are the current master leaseholder
at Lease Site 62/62W located at 551 Embarcadero under an Interim Lease Agreement, dated October
1, 2019, by and between the City and Tenant (Master Lease); and
WHEREAS, Tenant has submitted their preliminary site plans for redevelopment on May 23,
2023, for input by the City Council; and
WHEREAS, on September 12, 2023, Tenant obtained a Consent of Landowner (COL) which
provides permission and authority to submit their Lease Site 62/62W redevelopment plans for
Conditional Use Permit approval by the City; and
WHEREAS, the term of the Master Lease expires on September 30, 2024; however, the
redevelopment project will supersede this lease expiration date; and
WHEREAS, pursuant to Amendment #1 to the Master Lease, the City and Tenant have agreed
to extend the term of the Master Lease by 18 months, establishing a new lease expiration date of March
30, 2026, to allow continued compliance with the COL.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California,
as follows:
1. The Amendment #1 to the Master Lease for Lease Site 62/62W attached hereto is
hereby approved.
2. The City Manager is hereby authorized to execute said Amendment #1 in substantially
the form attached hereto and to take all actions necessary to effectuate Amendment #1.
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3. The City Clerk shall certify to the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting
thereof held on the 9th day of April 2024 on the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
l L-�Ac3y LA71`p(i�
Carla —Wixom, Mayor
TTEST
ana Swanson, City Clerk
01181.0024/972541.1
AMENDMENT #1 TO THE LEASE AGREEMENT FOR
LEASE SITE 62/62W,
LOCATED AT 551 EMBARCADERO
This Amendment #1 to the Lease Agreement ("Amendment #1 ") is made and entered into
as of this day of , 20241 by and among the City of Morro Bay, a municipal
corporation of the State of California, whereinafter called "City," and Todd Baston and Tamara
Gray-Baston, hereinafter called "Tenant." (Collectively, City and Tenant are sometimes referred
to herein as the "Parties.")
WHEREAS, this Amendment #1 amends that certain Interim Lease Agreement entered
into by and between the Parties and effective as of October 1, 2019 (the "Master Lease") for
Lease Site 62/62W located at 551 Embarcadero (the "Lease Site").
WHEREAS, on September 12, 2023, Tenant obtained a Consent of Landowner (COL)
which provides permission and authority to submit their Lease Site 62/62W redevelopment plans
for Conditional Use Permit approval by the City; and
WHEREAS, the term of the Master Lease expires on September 30, 2024; however, the
redevelopment project will supersede this lease expiration date; and
WHEREAS, the Parties now desire to enter into this Amendment #1 to extend the term of
the Master Lease by 18 months, establishing a new lease expiration date of March 30, 2026, to
allow continued compliance with the COL.
NOW THEREFORE, Tenant and City agree, as follows: Tenant and City shall provide for
the amendment of Lease as follows:
1. The foregoing recitals are incorporated into this Amendment #1 as true and
correct.
2. Section 2.01, "Term," of the Master Lease is hereby amended to extend the term
of the Master Lease by eighteen (18) Months, establishing a new lease expiration date of
March 30, 2026.
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3. All other provisions of the lease shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment #1 as of the
date written above.
CITY OF MORRO BAY Tenant
in
Carla Wixom, Mayor
Todd Baston
APPROVED AS TO FORM: Tamara Gray-Baston
Chris F. Neumeyer, City Attorney
ATTEST:
Dana Swanson, City Clerk
01181.0024/972542.1