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AMENDMENT AND EXTENSION OF LEASE <br />This Amendme t and Extension of Lease (Amended Lease), entered into this of <br />day of , 2000 by and between the CITY OF NEWPPRT BEACH, a <br />municipal corpotation and charter city (City) and 10Vo Zg2dzl <br />(Lessee), is made with reference to the following facts, the'materiality and existence <br />of which is stipulated and agreed by the parties: wu fk qwo/' A ,, <br />A. City is the owner, and is in possession and control, of laparcel of real <br />property, consisting of tidelands and/or uplands, located northerly of Balboa <br />Boulevard and between approximately 16th Street and 18th Street in <br />Newport Beach, commonly known as Marinapark, generally described in <br />Exhibit "A" (Property); <br />B. The Property was under lease prior to the effective date of the Charter of the <br />City of Newport Beach and, pursuant to the provisions of Section 1402 of the <br />City Charter, the City Council is empowered to authorize execution of this <br />Lease by the Mayor; <br />C. Prior to the effective date of this Amended Lease, and pursuant to a lease <br />dated March 24, 1976, (hereinafter "1976 Lease"), the City leased 58 <br />mobilehome spaces on the Property pursuant to a standard lease which <br />would have expired on September 30, 1985, subject to the right of the <br />Lessee to extend the term for a five (5) year period under certain conditions; <br />D. Prior to the expiration of the 1976 Lease, the City leased the same 58 <br />mobilehome spaces on the Property pursuant to a lease that would have <br />expired on March 15, 2000 (1985 Lease) but for this Amended Lease; <br />E. The City Council finds and declares that this Amended Lease will continue to <br />preserve an important and unique housing resource and is a benefit to the <br />citizens of Newport Beach; <br />F. The Parties acknowledge that, subsequent to the effective date of the 1985 <br />Lease, State Lands Commission staff has discovered evidence that <br />suggests, but does not establish, that all of the Property consists of <br />tidelands. The City and Lessee contend that all of the Property leased for <br />mobilehome residency purposes is uplands owned by the City. The Parties <br />also acknowledge that they are awaiting a determination by State Lands <br />Commission staff as to the nature of the Property and that determination <br />may have a bearing on the types of land uses permitted on the Property. <br />City and Lessee, or Lessee's representative(s) will continue to cooperate in <br />good faith to obtain a determination that all or a portion of the Property is <br />uplands; <br />G. The Parties also acknowledge that the City has requested interested parties <br />to submit responses to a Request for Proposal — Marinapark Future <br />Use/Development (RFP) published in November, 1999. The RFP requests <br />interested parties to submit proposals for the future use of the Property, the <br />means by which the proposal would be implemented and the benefits of the <br />proposal to the City. The City has received eight (8) responses to the RFP <br />