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HomeMy WebLinkAbout8782 - Balboa Bay ClubRESOLUTION NO. 8782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ASSIGNMENT OF AN INTEREST IN THE BALBOA BAY CLUB LEASEHOLD ESTATE BY SUPPLEMENTAL DEED OF TRUST TO TITLE INSURANCE AND TRUST COMPANY, AS TRUSTEE FOR THE BENEFIT OF INDEPENDENCE MORTGAGE TRUST (SUCCESSOR IN INTEREST TO USF INVESTORS) WHEREAS, the City of Newport Beach has entered into a lease dated March 24, 1948, with the predecessors in interest to International Bay Clubs, Incorporated, a California corporation, which lease has since been amended by instruments dated April 10, 1950, September 29, 1952 and March 28, 1960, covering the premises in the City of Newport Beach more particu- larly described in said lease, as amended, which is referred to in the consent to assignment authorized hereby as the "Main Lease "; and WHEREAS, one of the provisions of the said lease provides that the lease may not be assigned without the consent of the City of Newport Beach; and WHEREAS, the City of Newport Beach has heretofore by Resolution No. 7586 on December 13, 1971, authorized certain assignments of portions of the leasehold estate by deeds of trust and /or by sale lease -back of its leasehold estate and leasehold improvements thereon; and WHEREAS, pursuant to that authority, a certain deed of trust dated February 25, 1972, between Lessee, as Trustor, USF Investment Managers, Inc. (now Provident Realty, Inc.), a Delaware corporation, as Trustee, and USF Investors (now Independence Mortgage Trust), a Georgia Business Trust, as • Beneficiary, was recorded March 16, 1972, in Book 10040, page 629 • of the official records in the office of the county recorder of Orange County, State of California (herein called the "Original Deed of Trust "); and s • t WHEREAS, the City of Newport Beach has heretofore by Resolution No. 8365 on September 30, 1974, authorized the execution of a Supplemental Deed of Trust in favor of Citinational Development Trust similar to the one now requested, which authority was never used and said Supplemental Deed of Trust was not recorded; and WHEREAS, International Bay Clubs, Incorporated, successor in interest to Balboa Bay Club, Inc., proposes to hypothecate additional portions of the leasehold estate created by the Main Lease by a deed of trust which will be supplemental to the Original Deed of Trust (hereinafter referred to as the "Supple- mental Deed of Trust ") which encompasses the entire leasehold estate as well as portions thereof as more particularly described in that certain Supplemental Deed of Trust to be given by International Bay Clubs, Incorporated, a California corporation, as Trustor, in favor of Title Insurance and Trust Company, a California corporation, as successor Trustee to Provident Realty, Inc. (formerly USF Investment Managers, Inc.) pursuant to a substitution of trustee and to Independence Mortgage Trust, an unincorporated business trust organized under the laws of the State of Georgia, and its successors and assigns to secure the payment of a Renewal, Extension and Modification Note in the principal sum of $3,054,622.94 and an Additional Note in the prin- cipal sum of $225,000.00 and certain other obligations therein described. An unexecuted copy of such Supplemental Deed of Trust is attached to the proposed Consent to Assignment of Leasehold Estate by Deed of Trust and marked Exhibit "A" thereto; and WHEREAS, it appears to be in the best interests of the citizens of the City of Newport Beach that the City consent to such assignments by the Supplemental Deed of Trust described above; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach hereby consents to the above - described -2- il� • assignment by Supplemental Deed of Trust subject to all of the terms and conditions set forth in the Consent to Assignment in the form described above or as modified, subject to the approval of the City Attorney, and hereby authorizes the Mayor and City Clerk to execute said consent to assignment on behalf of the City. ADOPTED this 24th day of ATTEST: J City Clerk J��ffD THE ORIGINA➢. .............. _........ - - ... ................. CITY CLERK OF THE CITY OF NcY - T BEAOi-0 1976. DDO /bc 5/20/76