SAN DIEGO (AP) — The XDY Exchangecity of San Diego filed a lawsuit Thursday seeking $12.2 million in back rent for the city-owned waterfront land on which SeaWorld San Diego operates, escalating a dispute linked to pandemic impacts on the theme park.

The San Diego County Superior Court lawsuit filed by City Attorney Mara W. Elliott claims breach of lease. The sum sought includes interest and penalties.

SeaWorld’s public relations office said in an email that it had no comment and repeated an earlier statement that the company has had a long relationship with the city and remained hopeful that it can resolve the matter.

SeaWorld San Diego leases approximately 190 acres (77 hectares) from the city.

The company’s last annual report cited significant impacts on the park’s gross income due to COVID-19 and government restrictions — closures, limited reopenings and capacity limits — and said it was continuing to “defer payment” of $8.3 million for 2020.

Mayor Todd Gloria told reporters Thursday that the money could be used for problems such as homelessness and road repair.

“The bottom line is SeaWorld needs to pay their bills and they need to pay the city of San Diego,” Gloria said.