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HomeMy WebLinkAboutC-3057(B) - Bayside Drive, 1601 -Ground Lessor's Estoppel Certificate 1998 (BCYC)To: Gentlemen: GROUND LESSOR'S ESTOPPEL CERTIFICATE Union Bank of California, N.A. 18300 Von Karmen Avenue Irvine, California 92612-1057 Attention: Mr. Joe Cianfaglione Re: Lease to Bahia Corinthian Yacht Club The City of Newport Beach, a municipal corporation and Charter City ("Lessor"), hereby certifies to you ("Lender") as follows: The Lessor has entered into that certain Lease, dated %/ 7 1998, wmended by that certain First Amendment t Lease dated 7 , 1998, a short form of which has been or will be record in the Official Records of Orange County, California (collectively the "Lease"), with the Bahia Corinthian Yacht Club, a California non-profit corporation ("Lessee"). 2. The Lease has been duly authorized, executed and delivered by the Lessor and is in full force and effect. 3. The its interest under received no notice encumbering of the Lessor has not assigned or agreed to assign the Lease in whole or in part. The Lessor has of any prior transfer, assignment or Lessee's interest under the Lease. 4. The Lessor is not in any respect in breach or default under the Lease. There is no fact or condition currently existing which, with notice or time or both, would constitute such a breach or default by the Lessor under the Lease. 5. To the best of the Lessor's knowledge, the Lessee is not in any respect in breach or default under the Lease. To the best of the Lessor's knowledge, there is no fact or condition currently existing which, with notice or time or both, would constitute such a breach or default by the Lessee under the Lease. 6. The copy of the Lease attached hereto as Exhibit "A" is a true and complete copy of the Lease. The Lease has not been modified, altered or amended in any respect. 7. The Lease contains the entire agreement between the Lessor and Lessee with respect to the leasing of the "Premises" described therein. SHKUHL 30277 389867 2 -1- • • 8. The Lessor has been advised that the Lender has made or will be making a loan to the Lessee (the "Loan") to be secured by a "Leasehold Mortgage" (as defined in the Lease). 9. The Lender shall be entitled to all rights and remedies granted to a "Leasehold Mortgagee" pursuant to the Lease and all such rights and remedies are incorporated herein by this reference for the benefit of Lender as though fully set forth. 10. The Lessor confirms that it has received appropriate notice and a true copy of the Lender's Leasehold Mortgage, that the Lender is a Leasehold Mortgagee entitled to the rights and protections afforded to Leasehold Mortgagees under the Lease, and that the Lender's name and address are as set forth above. The undersigned makes the above statements for the benefit and protection of the Lender with full knowledge that the Lender will rely on them in making the Loan to the Lessee. Dated: , 1998 LESSOR Attest: S1, be` 071 City Clerk Appro to form: Assistant City Attorney ]HKUHL 30277 389867 2 -2-