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HomeMy WebLinkAboutC-7340-3 - Newport Blvd., 2300 (Newport Bay Marina) - Estoppel Certificate 2022ESTOPPEL CERTIFICATE To: NPBeach Marina, LLC, a Michigan limited liability company ("Lessee"), and PFSS 2020 Holding Company, LLC, a Delaware limited liability company, its successors and/or assigns ("Lender") Re: Lease Agreement with Options for Renewal, dated November 1, 2017 ("Lease') between City of Newport Beach, a municipal corporation and charter city as Lessor ("Lessor"), and Lessee for approximately 26,397 square feet of water area (the "Premises") located generally at 2300 Newport Boulevard, Newport Beach, California (the "Premises") Lessor understands that the Other Real Property (as defined in the Lease) is in escrow and Lender is contemplating financing a new loan for the Other Real Property (the "Loan") that would be secured in part by a lien against Lessee's successor and assigns' leasehold interest in the Premises (a "Leasehold Mortgage"). Lessor hereby certifies to and agrees with Lessee and Lender as follows: 1. The Lease is in full force and effect and has not been modified or amended. 2. Lessee has paid rent for the Premises up to and including 3 6—" , 2022. The current amount of fixed monthly rent is $_2,243.75. No rent has been or will be paid more than one (1) month in advance of its due date. 3. Landlord is presently holding a security deposit of $0.00. 4. The term of the Lease commenced on November 1, 2017. The current expiration date for the Lease is November 30, 2041. The Lessee under the Lease has no further option(s) to renew or extend the Lease. 5. As of the date hereof, there exists no breach, default, or event or condition which, with the giving of notice or the passage of time or both, would constitute a breach or default by Lessee or Lessor under the Lease. The person executing this certificate on behalf of Lessee is duly authorized to execute this certificate. Executed by Lessor on Mays , 2022. CITY OF NEWPORT BEACH, a California municipal corporation and charter city By: Joe n 0 4 Name: Seimone Jul—list/ Its: Community Development Director APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp LN City Attorney ATTEST: By: Leil; City