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HomeMy WebLinkAboutReso 92-20 Anderson Assignment & Deed of TrustRESOLUTION NO. 92-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING THE ASSIGNMENT OF LEASE SITE 91-92/91W-92W TO ANDERSON INN LLC; CONDITIONALLY AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS NECESSARY FOR THE ASSIGNMENT AND ASSUMPTION, AND ACCEPTING NEW DEEDS OF TRUST FOR FINANCING ON THE PROPERTY RELATED THERETO AT LEASE SITE 91-92/91W-92W, LOCATED AT 897 EMBARCADERO ROAD, MORRO BAY; AND RESCINDING RESOLUTIONS NO. 17-20 AND 76-20 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, for nearly 50 years, the Anderson Family and the Anderson Family Partnership have been the lessees of Lease Site 91-92/91W-92W, located at 897 Embarcadero Road; and WHEREAS, first in February, 2020 and again in August, 2020 the Anderson Family Partnership previously attempted to sell their leasehold interest and improvements, as approved by the City Council in Resolution Nos. 17-20 and 76-20, but those sales fell out of escrow and were not consummated; and WHEREAS, the Anderson Family Partnership now desires to sell those leasehold interest and improvements to Anderson Inn LLC; and WHEREAS, Anderson Family Partnership and Anderson Inn LLC have satisfactorily submitted the necessary documents for the assignment and assumption, and the Anderson Family Partnership is a tenant in excellent standing: and WHEREAS, Anderson Inn LLC is financing the purchase of the leasehold and improvements with a loan from Pacific Premier Bank, as well as a loan from the Anderson's for part of the purchase price, using the lease agreement and improvements as security; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows. 1. Resolutions No. 17-20 and 76-20 are hereby rescinded. 2. The City Council approves assignment and assumption of the leasehold interest to Anderson Inn LLC' provided, that all standard stipulations for assignment are met per the City's assignment application form and Anderson Inn LLC is officially formed and registered to do business in California and the City . The Mayor is hereby authorized to execute said assignment and assumption, as approved by the City Attorney. 4. The Mayor is hereby directed to execute, as necessary, any and all documents, as approved by the City Attorney, necessary to consummate the lending deeds of trust desired by Anderson Inn LLC PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 27th day of October, 2020 on the following vote: AYES- Headding, Addis, Davis, Heller, McPherson NOES' None ABSENT: None John Heading, Mayor ATTEST: Dana Swanson, City Clerk