Legislation Details

File #: 2023-0091    Version: 1 Name:
Type: Action Item Status: Passed
File created: 3/20/2023 In control: Board of Port Commissioners
On agenda: 4/11/2023 Final action: 4/11/2023
Title: RESOLUTION FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING, BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301 AND 15304 AND CONSENTING TO A SECOND AMENDMENT TO RESTAURANT LEASE BETWEEN PACIFIC GATEWAY, LTD DBA SAN DIEGO MARRIOTT MARQUIS AND MARINA AND OS PACIFIC, LLC DBA ROY'S RESTAURANT, LOCATED AT 333 WEST HARBOR DRIVE, TO EXTEND THE RESTAURANT LEASE TERM BY 10 YEARS WITH TWO 5-YEAR OPTIONS TO EXTEND
Attachments: 1. 10. 2023-0091 Attachment A - Location Map, 2. 10. 2023-0091 Attachment B - Amendment No. 2 with Roy's Restaurant, 3. 10. 2023-0091 Draft Resolution
DATE: April 11, 2023

SUBJECT:

Title
RESOLUTION FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING, BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301 AND 15304 AND CONSENTING TO A SECOND AMENDMENT TO RESTAURANT LEASE BETWEEN PACIFIC GATEWAY, LTD DBA SAN DIEGO MARRIOTT MARQUIS AND MARINA AND OS PACIFIC, LLC DBA ROY'S RESTAURANT, LOCATED AT 333 WEST HARBOR DRIVE, TO EXTEND THE RESTAURANT LEASE TERM BY 10 YEARS WITH TWO 5-YEAR OPTIONS TO EXTEND
Body

EXECUTIVE SUMMARY:

Host Hotels & Resorts LP owns Pacific Gateway Ltd. dba San Diego Marriott Marquis and Marina ("Pacific Gateway"), which operates a hotel and marina located at 333 West Harbor Drive in San Diego (the "Premises") (see, Attachment A - Location Map). Pacific Gateway and the San Diego Unified Port District ("District") are parties to that certain Amended, Restated, and Combined Lease, as amended, dated December 5, 1995 and recorded in the Office of the District Clerk as Document No. 33656 (the "Lease") for the operation of Pacific Gateway's hotel and marina operations, which, should the applicable extension options be validly exercised, expires in 2083 (the "Master Lease").

Pacific Gateway and OS Pacific LLC dba Roy's Restaurant ("Roy's Restaurant") are parties to that certain Restaurant Lease dated as of August 21, 2006 (as amended by that certain First Amendment to Restaurant Lease dated June 20, 2007, the "Sublease"), pursuant to which Roy's Restaurant operates an upscale Pacific Rim style restaurant and cocktail lounge on a portion of the Premises. Pacific Gateway has requested District consent to a Second Amendment to Restaurant Lease (the "Second Amendment") (see Attachment B - Second Amendment to Restaurant Lease) between Pacific Gateway and Roy's Restaurant in order to extend the Sublease term by ten (10) years plus two additional five (5) year extension options and to add additional terms, including an obligation that Roy's Restaurant invest ap...

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