
COMMISSION AGENDA – Action Item No. 8f Page 2 of 3
Meeting Date: November 11, 2025
Template revised June 27, 2019 (Diversity in Contracting).
Subsequently, Concessionaire notified ADR staff that they could not come to an agreement with
the proposed brand and requested to terminate the Lease and Concession Agreement and return
the space to the Port for future redevelopment.
In keeping with the validity of the RFP process, staff believe terminating and re-leasing is the best
course of action and requests authorization for the Executive Director or his designee to execute
the Termination Agreement; and for Commission to provide authorization to include this location
with the other locations Commission has authorized for Request for Proposal on April 22, 2025.
FINANCIAL IMPLICATIONS
Under the original planned redevelopment of this space associated with the CCE project, there
was an anticipated break in revenue from November 2025 through June 2026, which will now
not occur, allowing for continued revenue generation with the current operator during this
timeframe.
This location will now be part of an upcoming RFP process as mentioned above, scheduled for Q1
2026. The space will not close until the selected operator has obtained the required permits to
begin construction, which is estimated to be Q2 2027. At that time, there will be a break in
revenue to the Port until the unit is re-opened, estimated in Q4 2027.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Allow Concessionaire to maintain the space and propose a different concept for
ADR staff to approve.
Pros:
(1) Concessionaire retains a location they were awarded through a competitive process.
Cons:
(1) Does not keep with the original concept the Concessionaire proposed as was awarded
as part of the process.
(2) Sets a precedent for future RFP awardees that they could change proposed concepts
after award.
This is not the recommended alternative.
Alternative 2 – Authorize the termination and direct ADR staff to negotiate directly with another
business for this location.
Pros:
(1) May reduce the downtime the space will be vacant.
Cons:
(1) Does not follow the competitive process Commission has authorized.