Agmt 2017 Amend No. 1 Lease Apple Company/Marina Inn

Home

FIRST AMENDMENT OF LEASE BETWEEN THE CITY OF SAN LEANDRO and APPLE INNS,INC. related to THE MARINA INN,SAN LEANDRO, CALIFORNIA 61 ay THIS First AMENDMENT OF LEASE is made and entered into this /1�-, t Of September 2017, by and between the CITY OF SAN LEANDRO, a municipal corporation, hereinafter referred to as "City" or "Lessor" and APPLE INNS, INC., a California corporation, hereinafter called "Lessee." Lessee owns, maintains, and operates THE NLARINA INN, at 68 Monarch Drive, San Leandro, California(the"Marina Inn Property"). RECITALS A. Lessee owns, maintains, and operates the Marina Inn Property pursuant to a ground lease entered into between the City and the Lessee approved by the City of San Leandro City Council on April 2, 1984,and executed April 5, 1984 (the"Lease"). B. On or about July 20, 2015, the City Council adopted Resolution No. 2015-125 (the "Resolution") certifying the Environmental Impact Report (the "EIR.7), adopting mitigation findings, findings concerning alternatives, a statement of overriding considerations and a mitigation monitoring program under the California Environmental Quality Act ("CEQA") for the specific activities and approvals that collectively constitute the "San Leandro Shoreline Development Project"described in Chapter 3 of the EIR(the"Project"). C. On or about August 18, 2015, the Coalition for the San Leandro Shoreline filed a verified petition for writ of mandate ("Petition") against the City entitled Coalition for the San Leandro Shoreline, an unincorporated association v. City of San Leandro, City Council of San Leandro and Does I through 10, Alameda County Superior Court Case No. RG 15782404 (the "Action"), in which it alleged that the City had violated CEQA by its actions approving the Resolution. D. On or about June 8, 2016, the City filed an answer to the Petition in the Action, in which the City denied all of the material allegations in the Petition and asserted affirmative defenses. E. On July 11, 2017,the parties to the Action reached a settlement to resolve all issues related to the Action, the Resolution, and the Project(collectively, the"Dispute"), in accordance with the terms of a settlement agreement. The settlement agreement resolves all issues relating to the Dispute. F. Petitioner dismissed the Action effective July 13,2017. G. This First Amendment of Lease executes several of the terms of the July 11, 2017 settlement agreement. WHEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: