Item 7a Memo
PORT OF SEATTLE MEMORANDUM COMMISSION AGENDA Item No. 7a Date of Meeting March 24, 2009 DATE: March 18, 2009 TO: Tay Yoshitani, Chief Executive Officer FROM: Michael McLaughlin, Director Cruise and Industrial Properties Greg Englin, Manager, Dock Operations SUBJECT: Seventeenth Amendment to Lease with Seafreeze Acquisition LLC at Terminal 115. REQUESTED ACTION Request for Port Commission authorization for Chief Executive Officer to execute the Seventeenth Amendment to Lease with Seafreeze Acquisition LLC at Terminal 115. BACKGROUND Seafreeze Acquisition LLC ("Seafreeze"), a Port tenant at Terminal 115, owns and operates a large, full service seafood processing plant and frozen food warehousing and distribution facility, which is positioned to service the domestic and international markets. The company employs 600 people at the site. Seafreeze Acquisition LLC recently purchased the assets of Seafreeze Limited Partnership, which had leased the property since 1978. Under the former lease with Seafreeze Limited Partnership, the Commission approved the Sixteenth Lease Amendment in November 2008, which authorized that the Chief Executive Officer may consent in writing to a future assignment or transfer of the lease. The purchase of the business and facility improvements at Terminal 115 by Seafreeze and the Port's consent to assignment of the land lease to Seafreeze was completed in December 2008. The change in ownership was announced in January 2009. Under the new ownership, Seafreeze is upgrading its operations at Terminal 115 with financing provided by Bank of America. Seafreeze initially plans to invest $1.5 million. Seafreeze has requested the Port to amend its lease as required by the bank. The proposed lease amendment stipulates that the bank must approve in writing any voluntary termination or cancellation of or any material modification to the lease so long as the loan is outstanding. Approval of this amendment carries no risk to the Port. The amendment must be approved before the loan commitment expires on March 31, 2009. COMMISSION AGENDA Tay Yoshitani, Chief Executive Officer March 16, 2009 Page 2 of 2 Seafreeze's operations have a significant direct and indirect economic impact on the Port and the region. Seafreeze pays the Port market rate rent, and, as noted above, is a large employer providing family-wage jobs. Seafreeze's operations are also significant as they indirectly benefit other sectors of the economy, including trucking, rail, and marine vessel transport, as well as fishing, agriculture, and logistics services. PREVIOUS COMMISSION ACTION The Commission approved the Sixteenth Lease Amendment on November 25, 2008. ALTERNATIVES CONSIDERED/RECOMMENDED ACTION Alternative 1: Amend the lease. This alternative would allow Seafreeze Acquisition LLC to secure its financing package from the Bank of America. This is the recommended alternative. Alternative 2: Do not amend the lease. This alternative would prevent the tenant from securing its current financing package. FINANCIAL IMPLICATIONS None. ENVIRONMENTAL/COMMUNITY BENEFITS None. TRIPLE BOTTOM LINE SUMMARY Approval of the proposed lease amendment will have positive economic and financial impacts on the existing tenant. The changes in the lease should result in a more competitively positioned business in the harbor and long-term retention of 600 employees currently working at Seafreeze Acquisition LLC.
Limitations of Translatable Documents
PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.