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Port of San Diego
PUBLISHED: Thursday April 22, 2010

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2604
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AN ORDINANCE GRANTING A LEASE TO FIFTH AVENUE LANDING, LLC

WHEREAS, the Board of Port Commissioners (Board) of the San Diego Unified Port District (District) previously approved a lease, dated 9 October 1984, as assigned and amended, with Fifth Avenue Landing, LLC as successor in interest, for the premises located bayward of Convention Way and Marina Park Way in the City of San Diego; and
WHEREAS, the Board previously certified the South Embarcadero Redevelopment Program 2 and Port Master Plan Amendment Final Environmental Impact Report, UPD No. 83356-EIR-435/SCH No. 1997051014 (Final EIR) which, among other things, analyzed the potential environmental impacts of certain land and water uses for said premises; and
WHEREAS, pursuant to Title 14, Section 15004(b)(2) of the California Code of Regulations (State CEQA Guidelines), a public agency may enter into a land acquisition agreement when the agency has conditioned the agency's future use of the site on compliance with the California Environmental Quality Act (CEQA) and the agency does not take any actions which foreclose alternatives or mitigation measures that would ordinarily be part of the CEQA review of the project; and
WHEREAS, pursuant to Resolution 2010-56, adopted 6 April 2010, the Board consented to the Assignment and Assumption of said lease, dated 9 October 1984, from Fifth Avenue Landing, LLC to San Diego Convention Center Corporation; and
WHEREAS, San Diego Convention Center Corporation's future use of the premises for any land or water use not previously analyzed in the Final EIR is conditioned on compliance with CEQA pursuant to State CEQA Guidelines Section 15004(b)(2); and
WHEREAS, the District and Fifth Avenue Landing, LLC desire to enter into a new lease for approximately 25,598 square feet of tideland area known as Parcel No. 1, and approximately 156,260 square feet of water area known as Parcel No. 2, located on Convention Way and Marina Park Way in the City of San Diego, and further in accordance with Paragraph 2.2 of said lease, the District may grant to said Fifth Avenue Landing, LLC an option to lease approximately 207,600 square feet of water area located contiguous to and extending beyond the leased premises, said option parcel more particularly described and delineated as Parcel No. 3, NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That lease agreement between the San Diego Unified Port District and Fifth Avenue Landing, LLC, a California limited liability company, to be placed on file in the office of the District Clerk, leasing certain premises located bayward of Convention Way and Marina Park Way in the City of San Diego, is hereby approved and granted, said lease agreement shall be in substantially the form presented to and considered at the meeting of the Board of Port Commissioners held on April 6, 2010.
Section 2. The Executive Director or his authorized representative is hereby directed to execute the said lease agreement with Fifth Avenue Landing, LLC on behalf of the District.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

YEAS-Bixler, Burdick, Cushman, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Padilla
SIGNED BY: Robert “Dukie” Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. April 22-00073131

SAN DIEGO UNIFIED PORT DISTRICT
ORDINANCE 2604
---

AN ORDINANCE GRANTING A LEASE TO FIFTH AVENUE LANDING, LLC

WHEREAS, the Board of Port Commissioners (Board) of the San Diego Unified Port District (District) previously approved a lease, dated 9 October 1984, as assigned and amended, with Fifth Avenue Landing, LLC as successor in interest, for the premises located bayward of Convention Way and Marina Park Way in the City of San Diego; and
WHEREAS, the Board previously certified the South Embarcadero Redevelopment Program 2 and Port Master Plan Amendment Final Environmental Impact Report, UPD No. 83356-EIR-435/SCH No. 1997051014 (Final EIR) which, among other things, analyzed the potential environmental impacts of certain land and water uses for said premises; and
WHEREAS, pursuant to Title 14, Section 15004(b)(2) of the California Code of Regulations (State CEQA Guidelines), a public agency may enter into a land acquisition agreement when the agency has conditioned the agency's future use of the site on compliance with the California Environmental Quality Act (CEQA) and the agency does not take any actions which foreclose alternatives or mitigation measures that would ordinarily be part of the CEQA review of the project; and
WHEREAS, pursuant to Resolution 2010-56, adopted 6 April 2010, the Board consented to the Assignment and Assumption of said lease, dated 9 October 1984, from Fifth Avenue Landing, LLC to San Diego Convention Center Corporation; and
WHEREAS, San Diego Convention Center Corporation's future use of the premises for any land or water use not previously analyzed in the Final EIR is conditioned on compliance with CEQA pursuant to State CEQA Guidelines Section 15004(b)(2); and
WHEREAS, the District and Fifth Avenue Landing, LLC desire to enter into a new lease for approximately 25,598 square feet of tideland area known as Parcel No. 1, and approximately 156,260 square feet of water area known as Parcel No. 2, located on Convention Way and Marina Park Way in the City of San Diego, and further in accordance with Paragraph 2.2 of said lease, the District may grant to said Fifth Avenue Landing, LLC an option to lease approximately 207,600 square feet of water area located contiguous to and extending beyond the leased premises, said option parcel more particularly described and delineated as Parcel No. 3, NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That lease agreement between the San Diego Unified Port District and Fifth Avenue Landing, LLC, a California limited liability company, to be placed on file in the office of the District Clerk, leasing certain premises located bayward of Convention Way and Marina Park Way in the City of San Diego, is hereby approved and granted, said lease agreement shall be in substantially the form presented to and considered at the meeting of the Board of Port Commissioners held on April 6, 2010.
Section 2. The Executive Director or his authorized representative is hereby directed to execute the said lease agreement with Fifth Avenue Landing, LLC on behalf of the District.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

YEAS-Bixler, Burdick, Cushman, Peters, Smith, Valderrama
NAYS-None
ABSTAINED-None
ABSENT-None
EXCUSED-Padilla
SIGNED BY: Robert “Dukie” Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Apr 22-00073133


Port of San Diego
PUBLISHED: Thursday April 22, 2010


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