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SAN DIEGO UNIFIED PORT DISTRICT
AN ORDINANCE AMENDING LEASE AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND SAN DIEGO CONVENTION CENTER
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 Fifth Avenue Landing, LLC, a California limited liability company, assigning said lease to the San Diego Convention Center Corporation, a non-profit public benefit corporation, for premises located bayward of Convention Center Way and Marina Park Way in the City of San Diego, said Assignment and Assumption of Lease Agreement to be placed on file in the office of the District Clerk; 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 San Diego Convention Center Corporation desire to enter into an Amended, Restated and Combined Lease for said premises; NOW, THEREFORE,
The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That lease agreement dated 9 October 1984 between the San Diego Unified Port District and the San Diego Convention Center Corporation, a non-profit public benefit corporation, (as successor in interest to Fifth Avenue Landing) for property located bayward of Convention Way and Marina Park Way in the City of San Diego, is hereby amended in accordance with the Amended, Restated and Combined Lease, said Amendment shall be in substantially the form presented to and considered at the meeting of the Board of Port Commissioners held on April 6, 2010, including the modifications to Paragraph 49, Subparagraphs (c) and (d), and Paragraph 50, Subparagraphs (a), (f) and (j), and shall be placed on file in the office of the District Clerk.
Section 2. 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
SIGNED BY: Robert Dukie Valderrama, Chairman
ATTESTED BY: Mary Ann Liner, District Clerk
Pub. Apr 23-00073212