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3 <br />SECOND AMENDMENT TO AMENDED NEWPORT DUNES SETTLEMENT AGREEMENT <br />THIS SECOND AMENDMENT TO AMENDED NEWPORT DUNES SETTLEMENT <br />AGREEMENT (this "Amendment "), entered into this "Ce day of Vli 2013 <br />( "Effective Date "), among the CITY OF NEWPORT BEACH, a municipal corporation <br />and charter city ( "City "), the COUNTY OF ORANGE, a political subdivision of the State <br />of California ( "County ") and WATERFRONT RESORT PROPERTIES L.P., a California <br />limited partnership, and NEWPORT DUNES MARINA, LLC, a California limited liability <br />company (jointly, the "Company "), is made with reference to the following facts: <br />A. The City, the County and the Company's predecessor in interest entered into an <br />Amended Newport Dunes Settlement Agreement that was executed on <br />December 9, 1988, and amended by First Amendment to Amended Newport <br />Dunes Settlement Agreement dated December 18, 1990 (as so amended, the <br />"Original Agreement "), with respect to the tidelands referred to in Recital A of the <br />Original Agreement, together with a small parcel of uplands (referred to herein as <br />the "Property ", and from time to time in this Amendment as a particular "Parcel" <br />as designated in Exhibit °A" attached hereto). The Original Agreement <br />constituted an amended and restated version of a prior agreement, as amended, <br />which was entered into in settlement of a City lawsuit that challenged, on <br />environmental and other grounds, the County's approval of a redevelopment plan <br />for the Property. <br />The Property is the subject of an Amended and Restated Lease between the <br />County of Orange and the Company executed on August 25, 2009 (the "Lease "); <br />C. Company is the current lessee and operator of the Property pursuant to the <br />Lease and the successor to Newport Dunes Partnership, a California partnership, <br />the party to the Original Agreement. Pursuant to the Original Agreement, <br />Company and its predecessors have constructed upon the Property certain <br />recreational and visitor - serving facilities (the "Improvements "), which facilities <br />include the following: <br />(1) A recreational vehicle park ('RV Park') with four hundred six (406) spaces <br />of the four hundred forty -four (444) spaces authorized by the Original Agreement; <br />(2) Related support uses for the RV Park including a convenience store, a <br />clubhouse, a laundry room, a meeting room, restrooms, maintenance facility and <br />two residential units (a manager's unit and an employee unit); <br />(3) An approximately four hundred thirty (430) slip marina, a clubhouse, <br />marina storage area and laundry and restrooms for marina tenants; <br />(4) Dry boat storage with approximately two hundred eighty -six (286) spaces, <br />temporary dry boat storage upon Parcel C of the Property, a six -lane boat <br />