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HomeMy WebLinkAbout8365 - Assignment of Interest in Balboa Bay ClubRESOLUTION NO. 8365 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 FROM INDEPENDENCE MORTGAGE TRUST (SUCCESSOR IN INTEREST TO USF INVESTORS) TO CITINATIONAL DEVELOPMENT TRUST 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 particularly described in said lease, as amended, which is referred to in the consent to assign- ment authorized hereby as the "Main Lease "; and WHEREAS, one of the provisions of the said lease pro- vides 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 assign- ments of portions of the leasehold estate by deeds of trust and /or by sale lease -back of its leasehold estate and leasehold improve- ments 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 Mort- gage 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 Cali- fornia (herein called the "Original Deed of Trust "); and WHEREAS, International Bay Clubs, Incorporated, successor in interest to Balboa Bay Club, Inc., proposes to hypothecate addi- tional 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 "Supplemental Deed of Trust ") which encompasses the entire leasehold estate as well as portions -1- 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 Alfred Hart, Chester I. Lappen, Raymond E. Lee, Thurston H. Ross and Robert Schultz as Trustees of Citinational Development Trust, an unincorporated busi- ness Trust organized under the laws of the State of California, and their successor Trustees and assigns to secure the payment of a Renewal, Extension and Modification Note in the principal sum of $3,054,000.00 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 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 30th day of September 1974. ry ayor Pro Tempore ATTEST: . City Clerk DDO/bc c =�C FIED AS THE SI l e !9Y CLERK OF THE CITY OF HEWPO BEACH OCT 2 1974 PA%