File #: 2017-0361    Version: 1 Name:
Type: Action Item Status: Passed
File created: 7/13/2017 In control: Board of Port Commissioners
On agenda: 8/8/2017 Final action: 8/8/2017
Title: ORDINANCE GRANTING AMENDMENT NO. 2 TO LEASE WITH SILVER GATE YACHT CLUB, LOCATED AT 2091 SHELTER ISLAND DRIVE, IN THE CITY OF SAN DIEGO TO SET FIXED SCHEDULED RENT INCREASES FOR THE REMAINDER OF THE TERM IN PLACE OF FUTURE RENT REVIEWS, AND UPDATE CERTAIN LEASE PROVISIONS
Attachments: 1. 7. 2017-0361 Attachment A, 2. 7. 2017-0361 Attachment B, 3. 7. 2017-0361 Attachment C, 4. 7. 2017-0361 Draft Ordinance
DATE: August 8, 2017

SUBJECT:

Title
ORDINANCE GRANTING AMENDMENT NO. 2 TO LEASE WITH SILVER GATE YACHT CLUB, LOCATED AT 2091 SHELTER ISLAND DRIVE, IN THE CITY OF SAN DIEGO TO SET FIXED SCHEDULED RENT INCREASES FOR THE REMAINDER OF THE TERM IN PLACE OF FUTURE RENT REVIEWS, AND UPDATE CERTAIN LEASE PROVISIONS
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EXECUTIVE SUMMARY:

Silver Gate Yacht Club, a California non-profit mutual benefit corporation (SGYC), leases land and water from the District at 2091 Shelter Island Drive in the City of San Diego pursuant to a Lease and Lease Amendment No. 1 expiring March 31, 2049. SGYC consists of approximately 147 boat slips used for the promotion of San Diego harbor and navigation, and for State-wide public recreational activities.

Pursuant to the current lease1 as further amended by Lease Amendment No. 12, a rent adjustment is required for the ten-year period from January 1, 2017 through December 31, 2026 to be mutually agreed upon by Lessor and Lessee. District staff and SGYC have agreed to a proposed Lease Amendment No. 2 (Amendment) which sets the percentage rent rate by which gross income is multiplied for the remaining rental periods of the Lease in place of future rent reviews, states the calculation of Minimum Annual Rent (MAR), clarifies and limits certain deductions from gross income upon which percentage rent is based, and clarifies SGYC's responsibility for maintenance of the premises, including dredging.

RECOMMENDATION:

Recommendation
Adopt an Ordinance Granting Lease Amendment No. 2 to Lease with Silver Gate Yacht Club, Located at 2091 Shelter Island Drive, in the City of San Diego to Set Fixed Scheduled Rent Increases for the Remainder of the Term in Place of Future Rent Reviews, and Update Certain Lease Provisions
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FISCAL IMPACT:

Under Lease Amendment No. 2, the percentage rent rate increases over the remainder of the Lease term from the current percentage. Certain allowable deductions from gross revenue are restricted, preven...

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