HomeMy WebLinkAboutReso 82-15 Assigning lease site 65-66 and 65W-66W located at 571 Embarcadero to Rick and Teri GambrilRESOLUTION NO.82-15
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ASSIGNING LEASE SITE 65-66/65W-66W
LOCATED AT 571 EMBARCADERO
TO RICK AND TERI GAMBREL
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, since 1997, Abba Imani, has been the lessee of Lease Site 65-
66/65 W-66 W; and
WHEREAS, Abba Imani is selling the Master Lease and applied for Assignment
and Assumption of the Master Lease for Lease Site 65-66/65W-66W to Rick and Teri
Gambril, and both parties are currently in escrow on said property; and
WHEREAS, Abba Imani has satisfactorily submitted the necessary documents
for Assignment and Assumption of Lease Site 65-66/65W-66W.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Morro Bay, California, as follows:
1. The City Council approves the subject Assignment and Assumption
Agreement contingent upon successful closing of escrow between
Abba Imani and Rick and Teri Gambril.
2. Recordation of the subject Assignment and Assumption Agreement
shall occur only after recordation of the reconveyance of Document
#2013060707 and Document # 15-44433.
3. The Mayor is hereby authorized to execute said Assignment and
Assumption Agreement, as approved by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a
regular meeting thereof held on the 8th day of December, 2015 on the following vote:
AYES:
NOES:
ABSENT:
JE L. IRONS, Ma or
ATTEST:
—&�
av1SonJ
A SWANSON, City Clerk
This document is recorded for the
benefit of the City of Morro Bay and
is exempt from recording fees,
pursuant to Government Code
Sections 6103 and 27383.
RECORDING REQUESTED BY:
City of Morro Bay
WHEN RECORDED MAIL TO:
City of Morro Bay
City Attorney
595 Harbor Street Space above reserved for use of -
Morro Bay, CA 93442 County Recorder
ASSIGNMENT AND ASSUMPTION AGREEMENT
This Assignment and Assumption Agreement is made and entered into as of this 10th day of
November, 2015, by and between Abba Imani (hereinafter referred to as "Assignor") and Rick and
Teri Gambril (hereinafter referred to as "Assignee").
1. Assignee acknowledges the City of Morro Bay (the "City") has leased certain
premises to Assignor under a Lease dated October 12, 2010, that commenced on
January 1, 2011, known as Morro Bay Lease Site 65-66/65W-66W (the "Master
Lease"). Assignee acknowledges any assignment of the Master Lease is subject to
prior approval by the City's City Council and is also subject to prior execution of
this Agreement between Assignor and Assignee.
On the Effective Date (defined below), Assignee agrees (i) to comply with all the
terms and conditions of the Master Lease, (ii) to assume all liabilities required under
the Master Lease and any amendments, (iii) to defend, indemnify and hold harmless
the City and its officers, employees and representatives from and against, any and all
claims, lawsuits, costs and expenses, including reasonable attorney's fees and court
costs arising from, or in any way related to the Master Lease, in accordance with the
terms set forth in the Master Lease, and (iv) to maintain liability insurance in the
manner, form and amount required by Master Lease and any amendments, thereto,
with the City, its officers, employees and representatives, included as an additional
insureds without offset against the City's insurance.
Assignor hereby assigns to Assignee all rights, title and interest Assignor has in the
Master Lease, effective on the Effective Date. The "Effective Date" is the date this
instrument is recorded in the Office of the San Luis Obispo County Recorder, if it has
been signed on behalf the City, Assignor and Assignee.
01181,0024/275625.3 1 of 3
4. Assignor confirms to the City Assignor has no actual knowledge or reasonable cause
to believe any release of hazardous substance has come to be located on/or beneath
the real property during the term of Assignors' occupation of the leased premises
that has not been reported pursuant to Health & Safety Code Section 253597.
This instrument may be executed in counterparts, each of which shall constitute an
original and both of which shall constitute a single instrument.
6. Prior to the recordation of this Assignment and Assumption Agreement, Assignor
and Assignee acknowledge the current Deed of Trust recorded against the property
improvement for $400,000 (Doc#2013060707) will be paid off and a reconveyance
of same duly recorded.
7. Prior to the recordation of this Assignment and Assumption Agreement, Assignor
and Assignee acknowledge the current Deed of Trust recorded against the property
improvement for $200,000 (Doc# l 5-44433) will be paid off and a reconveyance of
same duly recorded.
Assignee acknowledges the historic significance of the Salt Building and its proper
maintenance and preservation is a priority for the City.
Abba Imani
Dated: _, 2015 7-
The undersigned consents to and accepts, on and after the Effective Date, assignment &
assumption of the payment of rent, including all percentage of gross sales rent, and
performance of all duties and obligations of tenant as set forth in the Master Lease.
Dated: ! `'l' , 2015 By:
Rick Gambril
i/
Dated: i , 2015 By:
Teri Gambril
Oil81.0024/275625.3 2 of 3
The City, Lessor named in the Master Lease, consents to this Assignment upon the conditions
set forth above. The City also consents to the agreement by Assignee to assume, on and after the
Effective Date, the payment of rent, including all percentage of gross sales rent, and tenant's
performance of all duties and obligations as set forth in the Master Lease, This Assignment
has been approved by the City's City Council on or prior to the date set forth below.
City of Morro Bay
Dated: i 4_ t , 2015:'`
By: Jamie L. Irons, Mayor'
City of Morro Bay
is
01181.0024/275625.3 3 of 3
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STATE OF CALIFORNIA )
COUNTY OF
On - , before me; t ' , a Notary Public,
personally appeared _. ,-2 ) r / >f ! Jho proved to me on the basis of
satisfactory evidence to be the person(s) whose`name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public f
KM
Eq
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individual who signed the document to which this
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STATE OF CALIFORNIA )
COUNTY OF
�� �/ ,before me, a Notary Public,
On —j ;
personally appeared / kT�/> li 1 i °, who proved to me on the basis of
satisfactory evidence to be the person(s) whose names) is/are subscribed to the within
instrument, and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public __._
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
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document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
Countyof
2
On c �`f e « � � f before me, <� 5 VOV\ 5: i� �
Date Here Insert Name and Title of they Officer
personally appeared
1
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Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
rA DANA SWANSON
Commission #r 2092016
i . -� Notary Public - California i
= San Luis Obispo County
My Comm. E ires Dec 31, 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
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Description of Attached Document
Title or Type of Document: 4Ssjz�r«ns�. SSrf.c.+ Document
Number of Pages: 3 Sig ` r(s) Other Than Named Above:
Date: [ 2y ! r
Capacity(ies) Claimed by Signer(s)
Signer's Name: u c- - 1 -,�., Signer's Name:
VLCorporate Officer — Title(s): %,-�_t' ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: '3—\j Signer Is Representing:
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