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HomeMy WebLinkAboutReso 20-19 MLA 82-85 725 Embarcadero executedRESOLUTION NO.20-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT #1 TO THE MASTER LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W BETWEEN THE CITY OF MORRO BAY AND 725 EMBARCADERO, LLC, LOCATED AT 725 EMBARCADERO 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, 725 Embarcadero, LLC (Doug Redican) has been the lessee of Lease Site 82-85/82W-85W since 1988, and is a tenant in good standing; and WHEREAS, 725 Embarcadero, LLC was granted approval of a new Master Lease Agreement ("Lease") on September 25, 2018 for the proposed lease site redevelopment project consisting of conversion of the upstairs building space to hotel rooms, public access and other improvements; and WHEREAS, the new Master Lease Agreement has provision for ten public parking spaces being leased to 725 Embarcadero, LLC for exclusive hotel patron use, but failed to make provision for relocating those parking spaces should they get displaced per the terms of the agreement; and WHEREAS, lessor and lessee now desire to amend the Lease, to provide for replacement of the leased parking spaces in a different location, should per the terms of the Lease the City acts to displace said parking spaces. 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 Master Lease Agreement for Lease Site 82-85/82W-85W is hereby approved. 2. The Mayor is hereby authorized to execute said Master Lease Agreement, PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 26"' day of March, 2019 on the following vote: AYES: NOES: Headding, Addis, Davis, McPherson TTEST: �a ana Swanson, City Clerk AMENDMENT #1 TO THE LEASE AGREEMENT FOR LEASE SITE 82-85/82W-85W, LOCATED AT 725 EMBARCADERO 1. This Amendment ("Amendment #1 ") is made and entered into as of this day of 2019, by and among the City of Morro Bay, a municipal corporation of the State of California, whereinafter called "City," and 725 Embarcadero, LLC, a California limited liability company, hereinafter called "Tenant." (Collectively, City and Tenant are sometimes referred to herein as the "Parties.") WHEREAS, this Amendment #1 is to that certain Lease, which was signed on behalf of the Parties and is effective as of September 26, 2018 (the "Master Lease"); WHEREAS, Tenant has received Concept Plan approval from the Planning Commission and City Council for conversion of the second story restaurant space to ten transient occupancy hotel units, and including other public access improvements as -proposed; WHEREAS, Tenant agreed to complete the hotel room conversion project in exchange for a new 50-year master lease agreement; and WHEREAS, the Parties desire to amend the Master Lease so the hotel room conversion project will receive financing needed to proceed. NOW THEREFORE, Tenant and City agree, as follows: 1. Subsection 13.04 B of the Master Lease is hereby amended and restated in its entirety to read as follows: B. Parking Spaces. CITY shall reserve ten spaces at CITY'S parking lot located at the northeast corner of Pacific Street and Market Avenue (Parking Spaces) exclusively for overnight parking of vehicles of patrons staying at the hotel on the Premises (Hotel Patrons) between the hours of 3:00 p.m. and 11:00 a.m., seven days a week. TENANT shall pay CITY $4,262,50 per year for such exclusive use of the Parking Spaces, The Parking Spaces shall be designated by signs (and standards/poles to attach the signs), all provided by TENANT, at its costs, indicating the Parking Spaces are so reserved for Hotel Patrons and violators are subject to enforcement. The signage and standards shall be approved by CITY'S Community Development Director and installed by CITY employees at no additional cost to TENANT. Annually, CITY'S City Council shall review this provision and determine if changes are required to best serve the general public and TENANT, including possible relocation of the area where ten parking spaces may be provided for use as discussed above. If after consultation with TENANT, CITY reasonably determines changes are required and TENANT does not agree with those changes, then CITY may determine to rescind this provision; provided, that if the rescission is due to the CITY'S determination of the need to relocate the Parking Spaces, then CITY and TENANT shall work in good faith to determine another reasonably acceptable location for ten parking spaces for TENANT to pay for and the Hotel Patrons to have use of as described above. If CITY decides to rescind TENANT'S use of the specific Parking Spaces and CITY and TENANT do not agree to a relocation site for ten parking spaces to be used and paid for as described above, then such decision of change and relocation to parking spaces within reasonable proximity of the location of the specific Parking Spaces may be implemented by CITY, upon no less than 120-days' written notice to TENANT. 2. Except as expressly stated herein, all provisions of the Master Lease shall remain in full force and effect. 3. The effective date of this Amendment #1 is the date first written above. IN WITNESS WHEREOF, the parties hereto have executed this Amendment #1 as of the date written above. CITY OF MORRO BAY By: APPROVED AS TO FORM: s F. Neumey�r, `i✓ity Attorney ATTEST: 0 ana Swanson, City Clerk 725 Embarcadero LLC a Limited Liability Company By: ican, Manager