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SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE GRANTING AMENDMENT NO. 4 TO LEASE WITH POINT LOMA MARINA, LLC AT 4980 NORTH HARBOR DRIVE TO REVISE THE WHEREAS,
DESCRIPTION OF THE LEASED PREMISES
the San Diego Unified Port District (District) is a public corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code
Appendix I (Port Act); and WHEREAS
, Section 87(b) of the Port Act grants authority to the District to lease the tidelands or submerged lands, or parts thereof, for limited periods, not
exceeding 66 years, for purposes consistent with the trusts upon which those lands are held, by the State of California; and WHEREAS
, Point Loma Marina, LLC (PLM) has a Lease with the District, with a term of 32 years and eight (8) months, expiring in January 2040, to operate a
marina and commercial site on at 4980 North Harbor Drive on America's Cup
Harbor in Shelter Island; and WHEREAS
, on September 16, 2014, the Board of Port Commissioners (Board) granted Ordinance 2783 adopting Amendment Number 3 to Lease (Amendment No. 3) with PLM, which increased the leased premises from approximately 75,650 square feet of land (1.74 acres) and 163,172 square feet of water (3.75 acres) to
approximately 95,679 square feet of land (2.20 acres) and 163,172 square feet of water (3.75 acres); and WHEREAS
, the legal description and plat map attached to Amendment No. 3
incorrectly delineated the area of premises that was to be used for a covered trash enclosure and associated landscaping; and WHEREAS
, the premises area for the trash enclosure was originally identified
as approximately 497 square feet in Amendment No. 3, but the actual area required for the trash enclosure is approximately 1,315 square feet, a difference of
approximately 818 square feet; and WHEREAS
, Amendment Number 4 to Lease with PLM increases the leased premises by approximately 818 square feet to accommodate the trash enclosure and landscaped area. NOW, THEREFORE
, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. Amendment Number 4 to Lease with Point Loma Marina, LLC at 4980 North Harbor Drive increasing and revising the description of the leased premises by approximately 818 square feet is hereby granted.
Section 2. The Assistant Executive Director or his designated representative is hereby directed to execute said Amendment Number 4 to Lease with Point Loma Marina, LLC at 4980 North Harbor Drive.
Section 3. This Ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.
APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL
PASSED AND ADOPTED by the Board of Port Commissioners of the San Diego Unified Port District, this 13th day of January 2015 by the following vote:
AYES: Bonelli, Castellanos, Malcolm, Merrifield, Moore, Nelson, and Valderrama
SIGNED BY: Dan Malcolm, Chairman
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub. Jan 20-00126994