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Resolution 11168CITY OF ALAMEDA RESOLUTION NO. 11168 CONSENT TO HYPOTHECATION OF INTEREST OF ENCINAL MARINA, INC. IN CERTAIN TIDELANDS LEASES WITH THE CITY OF ALAMEDA BY LEASEHOLD MORTGAGE WHEREAS, a certain Amended and Restated Lease was entered into by and between the City of Alameda, as Lessor, and Encinal Industries, Inc., as Lessee, on the 6th day of January, 1984, relating to certain tidelands east of Fortman Marina and north of Fortmann Way; and WHEREAS, the City has consented to the assignment of Parcels No. 23, 24, 25, 26, 27 and 28 of said Lease to Encinal Marina, Inc.; and WHEREAS, a certain Tidelands Lease was entered into by and between the City of Alameda, as Lessor, and Encinal Industries, Inc., as Lessee, on the 10th day of October, 1983, relating to certain tidelands at the foot of Grand Street; and WHEREAS, the City has consented to the assignment of this Tidelands Lease to Encinal Marina, Inc. (hereafter "Lessee "); and WHEREAS, Lessee desires to enter into certain financing agreements with Bank of the West, to be partially secured by a deed of trust ( "Leasehold Mortgage ") encumbering Lessee's interest in the leases; and WHEREAS, it is a condition precedent to the financing agreements that the City as Lessor consent to the hypothecation of Lessee's interest in the leases by a Leasehold Mortgage; and WHEREAS, a proposed form of Consent to Hypothecation of Lease and Agreement has been submitted to this Council and the Council is informed and aware of the terms and conditions thereof; and WHEREAS, it is in the best interests of the City that such consent be given; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that said City does hereby consent to the hypotheca- tion of Lessee's interest in the said tidelands leases by Leasehold Mortgage; and BE IT FURTHER RESOLVED that the Mayor of the City of Alameda be, and she is hereby, authorized to execute, for and on behalf of the City, a Consent to Hypothecation of Lease and Agreement with the Bank of the West. The City Clerk is hereby directed to attest to same. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 7th of April, 1987, by the following vote to wit: AYES: Councilmembers Corica, Hanna, Lucas, Monsef and President Diament - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of April, 1987. City Clerk of the City of Alameda