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HomeMy WebLinkAboutReso 86-18 Master Lease 845 Embarcadero and Amendment 2 885 EmbarcaderoRESOLUTION NO. 86A8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING AMENDMENT #4 TO THE NEW MASTER LEASE AGREEMENT FOR LEASE SITE 89/89W, LOCATED AT 845 EMBARCADERO, AND APPROVING AMENDMENT #2 TO THE NEW MASTER LEASE AGREEMENT FOR LEASE SITE 90190W, LOCATED AT 885 EMBARCADERO THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay ("City") is the lessor of certain properties on the Morro Bay Waterfront described as City Tidelands leases and properties; and WHEREAS, Boatyard LLC ("Tenant") has been the lessee of Lease Site 89/89W since 2006 and is a tenant in good standing; and WHEREAS, on October 11, 2016, Tenant and City entered into that certain new master lease agreement for Lease Site 89/89W (the "New Master Lease Agreement for Lease Site 89/89W"); and WHEREAS, Tenant is in escrow to purchase the leasehold interest in Lease Site 90/90W, where after Tenant intends to undertake significant renovation project on the Lease Site; and WHEREAS, on December 13, 2017, Tenant and City entered into that certain new master lease agreement for Lease Site 90/90W (the New Master Lease Agreement for Lease Site 90/90W") contingent upon close of said site purchase escrow; and WHEREAS, City and Tenant wish to resolve issues over a failing portion of the seawall on Lease Site 89/89W, cure certain site deficiencies on Lease Site 90/90W, and modify various provisions of the two New Master Lease Agreements, including the contingency and tolling provisions, by approving Amendment #4 of the New Master Lease Agreement for the Lease Site 89/89W and Amendment #2 of the New Master Lease Agreement for Lease Site 90/90W. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The attached Amendment #4 to the New Master Lease Agreement for Lease Site 89/89W is hereby approved. 2. The attached Amendment #2 to the New Master Lease Agreement for Lease Site 90/90W is hereby approved. 3. The Mayor is hereby authorized to execute said Amendments #4 and #2. 01181.0024/514664.1 PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 23Id day of October, 2018 on the following vote: AYES: Irons, Davis, Headding, Makowetski, McPherson NOES: None ABSENT: None nl_I ATTEST: 03 a Swanson, City Clerk r. 01181.0024/514664.1 cMENDIVIENT ., rTO THE LEASE- fl' LEASE SITE • AT;s 11= : -! This Amendment (this Amendment #4) is made and entered into as of this: r` day of 2018, by and between the City of Morro Bay, a municipal corporation of the State of California, hereinafter called "City," and Boatyard, LLC, a California limited liability company, hereinafter called "Tenant." (Collectively, City and Tenant are sometimes referred to herein as the "Parties".) WHEREAS, effective October 11, 2016, the Parties entered into that certain lease for Lease Sites 89/89W (Master Lease); WHEREAS, the Parties amended the Master Lease by executing Amendment #1, effective December 12, 2017, (Amendment #1), Amendment #2, effective July 10, 2018, (Amendment #2) and Amendment #3, effective August 29, 2018, (Amendment #3); called the "Amended Master Lease;" WHEREAS, the Parties again desire to amend the Amended Master Lease to make certain modifications thereto. 1. Unless expressly stated herein, words used in this Amendment #4 shall have the same meaning as stated in the Amended Master Lease, except to the extent the context requires otherwise. 2. The foregoing recitals are incorporated into this Amendment #4 as true and correct. 3. The Parties acknowledge and agree the Amended Master Lease and all of the terms, conditions and contingencies of the Amended Master Lease are in full force and effect. 4. Section 1.02 of the Amended Master Lease is amended to change the date of October 31, 2018, to November 23, 2018. 5. Section 2.01 of the Amended Master Lease is modified so neither Minimum Rent nor Percentage Rent is payable until the 366t" day after the Commencement Date. 6. Section 7:10 of the Amended Master Lease is amended to establish November 30, 20181 as the date certain for the potential maximum time the tolling period shall remain in effect. 01181.0024/514497.1 Page 1 Of 2 it IIT411ESS TTAEREOF, the •. - --• have executed this Amendment#• -• - .• CITY OF IV[ORRO BAY BOATYARD, LLC Jamie L. Irons, Mayor Cliff Branch, Manager APPROVED AS TO FORM: Joseph W. Pannone, City Attorney ATTEST: -Dana Swanson, City Clerk ouai.00z4/si4a9�.i Page 2 of 2 AMENDMENT #2 TO AND ASSIGNMENT AND ASSUMPTION OF THE LEASE AGREEMENT FOR LEASE SITE 90/90W, LOCATED AT 885 EMBARCADERO This Amendment (this Amendment #2) is made and entered into as of this c24 Jay of C D , 2018, by and between among the City of Morro Bay, a municipal corporation of the State of California, hereinafter called "City," and Fair Sky Properties, a California general partnership, hereinafter called "Tenant." (Collectively, City and Tenant are sometimes referred to herein as the "Parties.") WHEREAS, the current tenant of Lease Site 90/90W (commonly the "Otter Rock") (Premises) is Joseph Steinmann (Steinmann) and Boatyard LLC (Tenant's Assignor) is the current tenant of the adjacent leasehold interest Lease Site 89/89W; WHEREAS, with Steinmann's permission and acknowledgment, City and Tenant's Assignor executed and entered into that certain Master Lease Agreement effective as of December 13, 2017 (the "Master Lease") for the Premises, WHEREAS, City, Tenant's Assignor and Tenant amended the Master Lease by Amendment #1, effective August 29, 2018 (Amendment #1); WHEREAS, the Master Lease and Amendment #1 are hereafter called the "Amended Master Lease;" and WHEREAS, City and Tenant desire to make certain additional modifications to the Amended Master Lease. NOW THEREFORE, Tenant and City agree as follows: 1. Unless expressly stated herein, words used in this Amendment #2 shall have the same meaning as stated in the Amended Master Lease, except to the extent the context requires otherwise. 2. The foregoing recitals are incorporated into this Amendment #2 as true and correct. 3. Section 1.02 of the Amended Master Lease is amended to change the date of October 31, 2018, to November 23, 2018. 4. The Parties acknowledge and agree the Amended Master Lease and all of the terms, conditions and contingencies of the Amended Master Lease are in full force and effect. 01181.0024/514506.1 J W P 1of2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment #2 as of the date written above. CITY OF M'ORRO BAY FAIR SKY PROPERTIES Smith Family Trust, dated September 13 2004, General Partner By: JJBy: ie Irons, Mayor James Edmund Smith, Trustee APP VE S TO FORM: By: Beverly Elder Smith, Trustee r` J W. Pannone, City Attorney Clifford Branch Trust dated January 11, 2006, General Partner By: ana Swanson, City Clerk 01181.0024/514506.1 J W P 2of2 Clifford Branch, Trustee