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RESOLUTION NO. 2012 -96 <br />A RESOLUTION OF THE CITY COUNCIL <br />OF THE CITY OF NEWPORT BEACH <br />AMENDING RESOLUTION NO. 2012 -91 AND <br />RESOLUTION NO. 2012 -92 RELATED TO <br />LARGE COMMERCIAL MARINAS <br />LOCATED UPON TIDELANDS <br />WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ( "Beacon Bay <br />Bill ") the City of Newport Beach ( "City ") acts on behalf of the State of California as the <br />trustee of tidelands located within the City's limits, including Newport Harbor; <br />WHEREAS, Section 1(b) of the Beacon Bay Bill authorizes the City to allow third - <br />parties to use the tidelands for commercial purposes for a term not to exceed fifty (50) <br />years; <br />WHEREAS, on October 23, 2012 the City Council adopted Resolution No. 2012- <br />91 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH APPROVING A MODEL LEASE TEMPLATE AND MODEL PERMIT FOR <br />LARGE COMMERCIAL MARINAS LOCATED UPON TIDELANDS "; <br />WHEREAS, on October 23, 2012 the City Council adopted Resolution No. 2012- <br />92 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH SETTING RENT FOR LARGE COMMERCIAL MARINAS LOCATED UPON <br />TIDELANDS "; <br />WHEREAS, following the adoption of Resolution No. 2012 -91 and Resolution <br />No. 2012 -92 the Council Ad Hoc Committee on Harbor Charges ( "Committee ") <br />continued to seek and receive input from Large Commercial Marina operators regarding <br />possible improvements designed to protect and enhance Newport Harbor; <br />WHEREAS, based upon this new information, the Committee recommends an <br />amendment to Resolution No. 2012 -91 and Resolution No. 2012 -92, in part, to re- define <br />Large Commercial Marinas, the Rent phase in schedule, correct scrivener's errors and <br />revise the Market Adjustment Date, among other revisions; and <br />WHEREAS, the City Council finds this resolution is a successor resolution to <br />Resolution No. 2012 -91 and Resolution No. 2012 -92. <br />NOW, THEREFORE, the City Council of the City of Newport Beach resolves as <br />follows: <br />