HomeMy WebLinkAboutC-7347-6 - West Pacific Coast Highway, 3333 and 3335 - Estoppel Certificate 2018CITY OF NEWPORT BEACH ESTOPPEL CERTIFICATE
To: East West Bank
135 N. Los Robles Avenue
Suite 600
Pasadena, CA 91101
Attn: Nick Nawaz
Re: Harbor Marina - 3333 Pacific Coast Highway, Newport Beach, CA
Golden Hills Properties, LLC, a California limited company ("Lessee"), is the current
lessee under that certain Lease Agreement, dated March 5, 1958, by and between the City of
Newport Beach ("City"), as lessor, and County of Orange, as lessee, as amended by a certain
First Amendment to Lease Agreement, dated August 26, 1993 (such lease, first amendment,
and all subsequent amendments thereto are, collectively, the "Marina Lease"). The County of
Orange assigned its rights and interests under the Marina Lease to Lessee pursuant to that
certain Assignment of Lease ("City Lease"), dated as of July 15, 1997, by and between the
County of Orange, as assignor, and Lessee, as assignee, recorded on July 16, 1997 as Instrument
No. 19970335015 in the Official Records of Orange County, California.
Pursuant to the Marina Lease, Lessee leases the marina facility property located at 3333
Pacific Coast Highway, Newport Beach, California, and more particularly described on Exhibit
"A" attached hereto (the "Marina Property").
The Marina Lease terminates on June 30, 2018. City and Lessee have entered into that
certain Lease Agreement (with Option for Renewal), dated December 22, 2017 (the
"Replacement Lease"), under which Lessee will continue leasing the Marina Property
commencing on July 1, 2018.
City hereby represents and warrants to Lessee that, as of the date hereof:
1. The City has entered into no amendment, modification or supplement to the
Marina Lease and such lease is in full force and effect.
2. The Marina Lease is in full force and effect in accordance with its terms. There
is no known default by Lessee in the performance of any covenant, agreement or condition
contained in the Marina Lease, and the City does not have, as of the date hereof, any known
defenses or offsets to the performance of the Marina Lease, nor has any event occurred or
failed to occur with which the giving of notice, the passage of time or both, would constitute a
default under the Marina Lease or give the City a defense or offset to Lessee's enforcement of
the Marina Lease.
3. There are no actions, whether voluntary or otherwise, pending against the City
under any bankruptcy or insolvency laws related to the lease.
4. As of the date hereof, Lessee has paid rent under the Marina Lease up to and
including January 31, 2018.
5. The Replacement Lease is in full force and effect in accordance with its terms
and the lease term thereunder commences on July 1, 2018.
6. The City has entered into no amendment, modification or supplement to the
Replacement Lease.
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This City of Newport Beach Estoppel Certificate is dated April 3, 2018.
14A 9A
CITY OF NEWPORT BEACH,
a Californiaeftnicilpal FNporation
By: _ ) —
Laua odi g W itlinger
Rea r rty istrator
Attachments: Exhibit "A" — Legal Descriptions
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Exhibit A
Legal Descriptions
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL NO. 1 APN: 049-130-26]:
A PARCEL OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, BEING A PORTION OF SECTION 28, T -6-S, R -10-W, S.B.B.M. AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING ATTHE U.S. BULKHEAD STATION NO. 227A (P.O.B.), AS U.S. BULKHEAD LINES AND
STATIONS ARE LAID OUT AND SHOWN UPON A MAP TITLED "HARBOR LINES, NEWPORT BAY
HARBOR", APPROVED BY THE SECRETARY OF THE ARMY, FEBRUARY 15, 1951, AND ON FILE IN
THE U.S. DISTRICT ENGINEER'S OFFICE, LOS ANGELES, CALIFORNIA; THENCE NORTHWESTERLY
ALONG THE NORTHWESTERLY PROLONGATION OF THE U.S. BULKHEAD LINE BETWEEN U.S.
BULKHEAD STATIONS NO. 227A AND 227B IN A DIRECT LINE, N 79. 02-20 W, A DISTANCE OF
28.23 FEET, TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN
DEED TO THE STATE OF CALIFORNIA FROM THE CITY OF NEWPORT BEACH, RECORDED IN BOOK
3111, PAGE 125, AND DATED JUNE 12, 1955, OFFICIAL RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE SOUTHWESTERLY ALONG A NON -TANGENT CURVE CONCAVE TO THE
NORTHWEST, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 56° 09'33 WEST, HAVING
A RADIUS OF 326.00 FEET AND A CENTRAL ANGLE OF 06° 50'46-, AN ARC DISTANCE OF 38.95
FEET; THENCE S 18'37'40" W, A DISTANCE OF 39.51 FEET, THENCE S 42` 37,40" W, A DISTANCE
OF 77.97 FEET, THENCE S 60° 26' 17 W, A DISTANCE OF 90.00 FEET TO THE SOUTHWESTERLY
PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL OF LAND, AS SHOWN ON A
RECORD OF SURVEY, RECORDED IN RS BOOK 220, PAGES 44-50, AND DATED JUNE 27, 2007,
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE S 18* 37'40' W, A DISTANCE
OF 34.79 FEET TO AN INTERSECTION WITH THE NORTH CHANNEL RESERVATION LINE AS
RECORDED IN BOOK 162, PAGE 1, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE
EASTERLY ALONG SAID CHANNEL RESERVATION LINE AND ITS NORTHEASTERLY
PROLONGATION, N 88° 54'01" E, A DISTANCE OF 138.65 FEET, TO THE U.S. BULKHEAD STATION
NO. 226A, AS SAID BULKHEAD STATIONS ARE LAID OUT AND SHOWN UPON A MAP TITLED
"HARBOR LINES, NEWPORT BAY HARBOR"; THENCE NORTHEASTERLY ALONG U.S. BULKHEAD
LINE BETWEEN U.S. BULKHEAD STATIONS NO. 226A AND 227A, N 18° 37,40" E,A DISTANCE OF
85.88 FEET; THENCE NORTHEASTERLY IN A DIRECT LINE TO U.S. BULKHEAD STATION NO. 227B,
N 36° 37'03- E, A DISTANCE OF 129.32 FEET; THENCE NORTHWESTERLY ALONG U.S. BULKHEAD
LINE, N 79° 02' 20" W, A DISTANCE OF 40.80 FEET TO U.S. BULKHEAD STATION NO. 227A, THE
POINT OF BEGINNING (P.O.B.).
Area contains approximately 17,210 square feet (0.395 acres), more or less.
A portion described in a Grant Deed, recorded June 12, 1955, in Book 3111, Page 125 of Official
Records of Orange County
A portion described in a Record of Survey, recorded June 27, 2007, in RS Book 220, Pages 44-
50 of Official Records of Orange County
A portion shown on ALTA Survey, filed 01/06/1989 by Douglas R Howard, PLS 6169 (per Psomas
and Associates)
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