the flip side would be, what it years three, four, five, we see an increase? we have locked ourselves into giving significant sums. if there is revenue in excess of a certain amount, can that be taken into account? >> it is not a percentage-range police. it is a rental for office space, shared space. right now, the rental rate is quite high. we do not think in the next five years that we are going to go beyond that. >> without the increases, it would still be -- all right. given the comments that we heard earlier, in light of the issues surrounding the america's cup, unless there is some reason we need to vote on this today, i would like to move that we defer this item to a future date.

>> [inaudible] >> you need to come to the podium to speak. >> please, we would love to hear your comments. >> i just want to point out that we are not talking about five years. we are talking about the three remaining years. we are locked in, as you put it, for the next three years, not five. >> i wish i could say everyone's revenue was going up significantly, which would have made it significant. >> this is our second concession. we did have a long period of time where rates went up dramatically, and as you point out, we were foreclosed from participating on that. we renegotiated a new lease and this is the second time we have been asked to provide relief. so both parties have been wrong in history. >> but the issue still remains, the withdrawal of this motion to

deal with the issues that came up today. >> continuance. >> correct. >> i would like to move that we continue this item and respect -- request staff come back to us with recommendations regarding the america's cup. >> ok, so withdrawn. second? all in favor? aye. any proposed? -- any opposed? >> i just ask that this is brought back to us and staff does further work regarding the america's cup, potential usage of the southern apron. >> director moyer, i think we all agree that this item needs a bit more work. we've been but to hear it again.

-- we would love to hear it again. >> item 10. request approval of a resolution to authorize the executive director to enter into a memorandum of understanding with the arts commission to locate a sculpture of harry bridges in the harry bridges plaza, located between the north and southbound lanes of the embarcadero roadway in front of the ferry building, across from market street. >> good afternoon, commissioners. on july 27, 1999, the port commission adopts a resolution naming the plaza immediately west of the ferry building as harry bridges plaza. the commission's resolution also called for a monument recognizing harry bridges and to direct a project sponsored to return to this project for approval of the monument design. since then, the committee has selected an artist and developed a design for the monument, as you can see here. harry bridges is widely considered one of america's

great labor leaders because of his commitment to labor issues, being at the forefront for racial equality, civil liberties, and world peace, and he played a prominent role in the san francisco general strike, which brought labor issue to the forefront across the country. he also served on this commission from 1970 to 1982. the sculpture will be a bronze, a 12 foot tall likeness of harry bridges. i believe this is a 50% scale model, but we are looking at 81% sculpture -- a 200% sculpture in real life. the sculpture would stand on top of a square 4 foot tall granite base with embedded text informing visitors of his accomplishments and importance to our waterfront. it would be located in the central area of the plaza, in

front of market street, but slightly out of the corridor, as shown here. the location in front of the ferry building, slightly out of the corridor, defined by the market's streakcurbs, free of the primary flow of pedestrians on market street. the sculpture of harry bridges is now before you for consideration along with approval to authorize the port to enter into a memorandum of understanding between the port and san francisco arts commission for the purpose of installing and maintaining the proposed monument for a period of 20 years. the sculpture would be funded by the committee for harry bridges plaza, would enter into a separate agreement with the arts commission to cover monument installation and maintenance, similar to how other art installations are developed on port property. the mou would allow use of the site without fee.

insulation and minutes of the sculpture by the arts commission would be at the cost to the port and the port could require removal of the monument if so desired. if approved, the committee would finalize the fund-raising, have the monument fabricated and named for installation in 2013, presumably in time for the possible america's cup activities. here with us is susan from the arts commission. she can answer questions related to that. we also have a member of the harry bridges plaza committee. >> thank you for this opportunity. this is richard meade, secretary-treasurer of the committee. we are very excited to begin a fund-raising on this. we have been working on this for a long time. if you have any questions, i will be happy to answer them. >> can i have a motion? is there any public comment on this item?

besides corrine woods. is there any public comment on this item? commissioners? questions, comments? >> maybe this is a reflection of the rendering, it looks like the statue is a little further out of the pedestrian thruway. i was wondering why it was not placed all the way past the flow of pedestrian traffic through the crosswalk? >> the shaded area on your screen right now aligned with market street. your question is would be placed further to the north, which is further away from that? >> i am looking at what i thought was the crosswalk. people would walk straight

across the crosswalk. they would block into the statute. >> the general flow -- well, you can see the crosswalk on the west side of the street, as indicated by the pointer there. it is a compromise of trying to locate -- your opinions are certainly value and will come -- the location is a compromise of trying to locate the sculpture in a prominent location in front of the ferry building so what has a relationship to the front and center, yet pushing it to the side so that it does not interfere with the flow of pedestrians. that balance was trying to be struck. >> it looks to me, if you look at a crosswalk on the left side, large numbers of people moving, i wonder if that impact

was taken into account. it may be a moot issue. >> we analyzed it in the field several times and we became comfortable with that at staff level. certainly, willing to take your recommendations. >> i am not suggesting that it should be moved elsewhere, but i wanted to make sure it was not -- high volume -- >that is exactly what i was trying to say, thank you. >> in other words, dead center. >> from a liability standpoint -- thank you. >> any other comments? >> i just wanted to mention i think it is an attractive statute. i am sure you spend a lot of time on the design. -- spent all lot of time on the

design. >> we spent a long time searching for the artist. bruce wolfe, the fellow that we found, is from the bay area. he is nationally recognized for his work on public are. >> thank you. you did a wonderful job. thank you for the gift to the port. all in favor? aye. >> resolution 1157 has been approved. [applause] >> item 10b. request authorization to award, said the -- subject to board of supervisors approval, a five- year lease for surface parking, especially events and signature between the port of san francisco and china basin ball park company, llc, the pier 48

valley and access from terry francis boulevard in mission rock street. >> the development groups project manager is here before you today to seek approval for an interim, five-year lease for surface parking and special events. in 1997, the port commission authorized a 10 year lease for the development and construction of a new parking lot, part of which had been a warehouse site. the lease was subsequently approved by the board and commenced, just prior to opening in 1999, april of 2000. in november, 2009, the current lease term expired. the holdover month-to-month status with the board, in april

of this year, the port staff issued a letter to the tenants, as allowed by the existing lease hole over language, using the market adjustment as a basis for negotiations, moving forward, staff negotiated terms for a more -- for a better, five-year lease. also, the use of pier 48, on a non-exclusive license basis. 377 is under normal lease terms. expansion into pier 48 and the roof local license -- revokeable license agreement, getting to monthly base rent, we have broken into two seasons.

the high season recognizes 89% of the demand and revenue associated with it, occurring during the baseball season. april through september, three of $55,000 per month. october through month if it through march is $45,000 per month, subject to a increase. reflecting standard parking agreements, 46% of the gross revenue after deducting the tax share. this lease allows for $627,000 by and substantiated, annual costs associated with ball park parking.

post-game cleaning and labor associated with the site. extraordinary costs are based on 2011 total costs for these types of offenses. the existing lease, today, authorized the special events and commercial uses. it would expand to shed an and , allowing for support coordination at that site with maximum revenue generation. we will use marketing expertise to pay rent consistent with the commission of the site, approved

every year. at the discretion of the ports special director, requiring additional approval from the port commission. staff report mentioned that threshold a few days ago. >> thank you. promotional space within, if you are familiar with parking lot silage to tell you where your car is, it allows her car to be placed on that. subject to the rights of the port development partner, in may of 2010 cuff the terms were

negotiated for the development of the least into 2016. the dna contains language recognizing the lease and pork parking facility is not encumbered. a public bidding process to identify a new parking lot. staff recommends that the commission find it practical, because of the uncertainties presented by the developers rights presented by dna. staff receives to the board for direct approval of the new lease terms.

for a subsequent least of the site. thank you for your time and consideration. mr. jack bayer is in the audience as well. >> thank you. >> so moved. >> seconded. >> [laughter] >> look at this. >> representing the mission- missioncac on the transportation coordinating committee, we have been neighbors of the ballpark.

we along great. we do not always agree on everything. it has come to our attention that the mission they statement corp. is spending a fairly significant amount of money for us, $20,000 per year, in excess of normal thing that costs. the port parking lot lease has mitigation measures to be negotiated, initiative -- initially in 1997, going into

mission creep. of what the mission they make mince corp. considers their normal cleanup costs. how much should normally be reimbursed? we have not stop talking for 10 years. we think it is important for the neighborhood to not have to pick up these costs. >> is there any other public comment on this item?

>> you mentioned this in your report, and i wanted to clarify of $355,000 less? >> it is meant to mirror, that is right. operating something special at the park, whether or not there is a better way to find more parking revenue, in terms of spaces to identify something of

a special event. given that we have these different, fixed payments, is there a formula that can be identified so that there is a sharing of the fact that if there is more utilization during the low season, which is what we are addressing more so, understanding when the games aren't used. putting together uses in the neighborhood to cause high your utilization. i want to make sure that the port is thinking this through in and not losing out on opportunities, other than having to identify something special. >> i believe that negotiations with the giant recognizes that it is the main benefit in shed

a. we recognize that there could be overlapping uses where the parking lot is utilized. an event that needs to occur. we have worked out some language to make the port hole if there is a loss of revenue. >> i hope that there is something more specific than simply identifying special events as 14 days in duration. i want to make sure that there is a situation where the port shares, along with a look to the past. looking at the upside, as well as being fixed and boxed in.

>> my ability to generate revenue from these resources in these areas have probably enhanced revenue from that side alone. coordinating schedules to take advantage of opportunities as they come to the port. >> so that we do not feel that we missed out on an opportunity on behalf of the pork? >> especially with areas surrounding revoke licenses. >> commissioner? >> i guess, do it.

october, we are all assuming we will be back in the post-season. >> it would be nice. >> does this account for pending development around that area? changing some of the spaces available? and the usage there? >> we anticipate the parking for this site coming into more demand over the next several years. we are starting to see if you have been by there recently. there was more specificity as lots go way, two 23 years at the most. the potential for increased parking rates is something that we anticipate. >> an increased potential to be reflected? >> yes. >> the base rent was set pretty

high for the season. as the area develops, there is another point to your question. commuter use could grow. if that never goes up, they fled to support directly. >> i wanted to reflect on oracle world and the incredible sums paid for usage of areas. if something like that were to occur for a few days, it would trigger an increase. >> that would depend on the fed was a special event or not. plus parking.

>> thank you very much. all in favor? >> aye. >> resolution 1168 has been approved. >> item 11 a, request approval of eat -- and least l-14935 with horn blow or yachts, inc., a california corporation, for a five-year lease with 15-year extension, for premises located at pier 9 self. >> we propose this item for a lease with hornblower yachts. here nine is located on the northeast waterfront of the embarcadero.

it was previously occupied by signature diming. the site has been vacant since 2009. the majority of office space, formerly occupied by signature dining out, has been containing 1200 square feet of shed space, apron space, and 23,000 square feet of submerged land, to allow for a maritime retail opportunity. maritime retail opportunities of up to 10 years are exempted from the public bidding process. however, in this case, in order to thoroughly that the interests of the pier 9 site and make sure that there is an open and

transparent process, the court look for -- prospective tenants in a public process. way of 2010, the port issued a request for proposals for excursion vessel operations. we are f p had clear specifications posted on the report website forest -- excursion operators. the port held a conference in june of 2010. it received only one qualified response, which came from the hornblower yacht group.

they reached mutually acceptable terms and conditions for the proposed lease, outlined in the staff report. the proposed lease provides for an initial term of five years. with a minimum, monthly base rent of $5,400, plus 6% of gross revenues. adjusted annually by 3% for the remainder of the term. the lease grants for lower 160 month extension option. the base rent for the option. would be the prevailing market rate. the permitted use is for vl