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HomeMy WebLinkAboutReso 83-21 TLC Amendment #2 Redevelopment DeadlinesRESOLUTION NO. 83-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT #2 TO THE MASTER LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W, LOCATED AT 833 EMBARCADERO, BETWEEN THE CITY OF MORRO BAY AND TLC FAMILY ENTERPRISES 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, TLC Family Enterprises (Cherise Hansson and Travis Leage) have been the lessees of Lease Site 87-88/87W-88W since 2018, and are tenants in good standing; and WHEREAS, TLC Family Enterprises was granted approval of a new Master Lease Agreement on December 11, 2018 for a proposed lease site redevelopment project consisting of a complete site demolition and redevelopment of mixed restaurant, retail and hotel use; and WHEREAS, due to unforeseen circumstances necessitating a significant change to Tenant's building plans, and to the continued social, economic and supply chain effects of the COVID-19 pandemic, it is again necessary to amend TLC's lease site redevelopment deadlines as stipulated in the amended lease to provide more time to complete the necessary redevelopment steps. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, California, as follows: 1. The attached Amendment #2 to the Master Lease Agreement for Lease Site 87-88/87W-88W is hereby approved. 2. The Mayor is hereby authorized to execute said Master Lease Agreement Amendment. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14th day of December, 2021 on the following vote: AYES' Headding, Addis, Barton, Ford, Heller NOES' None ABSENT: None John Freaoding, Mayor---- ATTEST: ova - Dana Swanson, City Clerk AMENDMENT #2 TO THE LEASE AGREEMENT FOR LEASE SITE 87-88/87W-88W, LOCATED AT 833 EMBARCADERO This Amendment ("Amendment #2") is made and entered into as of this U# day ofbe( _f i'Y) 2021, by and among the City of Morro Bay, a municipal corporation of the State of California, hereinafter called "City,' and TLC Family Enterprises, a California corporation, hereinafter called "Tenant." (Collectively, City and Tenant are sometimes referred to herein as the "Parties.") WHEREAS, this Amendment #2 is to that certain amended Lease, which was signed on behalf of the Parties and is effective as of December 11, 2018 (the "Master Lease"), and amended on January 12, 2021; and WHEREAS, Tenant has received Precise Plan approval from the City of Morro Bay and Coastal Development Approval from the Califomia Coastal Commission for a complete redevelopment of the site including new restaurant, retail and hotel use, and other public access improvements as -proposed; and WHEREAS, Tenant is in final building plan check, and due to unforeseen circumstances necessitating a significant change to Tenant's building plans, and to the continued social, economic and supply chain effects of the ongoing COVID-19 pandemic, it is again necessary to amend the Master Lease to provide more time for Tenant to redevelop the lease site as - stipulated in the Master Lease; and WHEREAS, the Parties desire to amend the Master Lease so the redevelopment project can proceed as contemplated. NOW THEREFORE, Tenant and City agree as -follows: 1. Sections 13.02(G), 13.02(H) and 13.02(1) of the Master Lease Agreement between Tenant and City are replaced in their entirety to read as follows: Section 13.02 TENANT'S Obligation to Redevelop Site G. Obtain Building Permits for the Project no later than January 14, 2022. H. Commence construction of the Project no later than February 14, 2022. Commencement shall mean when the '1'F1NANT has incurred at least $50,000 of hard construction costs for actual work satisfactorily completed for the Project on the site pursuant to the approved Building Permit. I. Completion construction of all components of the Project no later than May 14, 2023. Completion shall mean when the Project is entitled to be issued a final Certificate of Occupancy. 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 #2 is the date first written above. IN WITNESS WHEREOF, the parties hereto have executed this Amendment #2 as of the date written above. CITY OF MORRO BAY By: Johayor APPROVED AS TO FORM: hi7IS A/NW Chris F. Neumeyer, City rrney ATTEST: 604-, tirk9n"------ Dana Swanson, City Clerk TLC Family Enterprises, a California Corporation cee- arise Hans 'on, President By: Travis Leage; Secreta