83-49 - Resolve Litigation Over Newport Dunes Redevelopment

RESOLUTION NO. 83 -49 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR & CITY CLERK TO EXECUTE AN AGREEMENT TO RESOLVE LITIGATION OVER NEWPORT DUNES REDEVELOPMENT WHEREAS, pursuant to the provisions of Chapter 526 of the California State Statutes of 1919, the State of California granted certain tidelands to the County of Orange, which grant was subject to certain conditions and restraints on the use of the property. These tidelands were re- granted by the State to the County, pursuant to the provisions of Chapter 415 of the Statutes of 1975; this grant again subject to certain conditions and restraints on the use of the property; and WHEREAS, The County of Orange has leased the property to Newport Dunes Corporation pursuant to two leases which run to May 30, 2008 and February 28, 2015, respectively; and WHEREAS, pursuant to these leases, Newport Dunes Corporation has improved the property such that certain recreational and visitor - serving facilities are now located on the property. These facilities include the following: The existing Anthony's Restaurant is approximately 7,500 sq. ft. and the i) A beach, consisting of approximately eleven acres, together with concessions to serve beachgoers such as fast food stands and businesses which rent beach equipment; ii) A recreational vehicle and travel trailer camping area, with 64 spaces fully serviced by sewer, water and electricity and 80 spaces which are partially served by such 0 utilities;