HomeMy WebLinkAboutCC RESO 15,223RESOLUTION NO. 15,223
RESOLUTION AUTHORIZING '1.11h MAYOR TO EXECUTE A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND nit
REDEVELOPMENT AGENCY OF 'fl-h CITY OF SAN DIEGO
BE IT RESOLVED by the City Council of the City of National City
that the Mayor is hereby authorized to execute a Memorandum of
Understanding between the City of National City and the Redevelopment
Agency of the City of San Diego pertaining to recission of Route 252, a
copy of which Memorandum of Understanding is attached hereto as Exhibit "A"
and incorporated herein by reference.
PASSED and ADOPTED this 24th day of February, 1987.
George Ei Waters, Mayor
ATTEST:
Ione'Campbell, City Cl k
APPROVED AS TO FORM:
Ha ate
George H. iser, III -City Attorney
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into on this
day of , 19 _, by and among the Redevelopment Agency of The
City of San Diego (hereinafter referred to as the "Agency") and the City of
National City (hereinafter referred to as "National City").
RECITALS
WHEREAS, the California Department of Transportation (hereinafter
referred to as "CALTRANS") has previously acquired right-of-way for the
State Highway Route 252 corridor for the proposed construction of 1.9 miles
of a new 6-lane freeway connecting Interstate 5 with Interstate 805; and
WHEREAS, in March 1980, the California Transportation Commission
(hereinafter referred to as "CTC") rescinded the State Highway Route 252
route adoption and authorized and directed CALTRANS to dispose of any
previously acquired freeway right-of-way; and
WHEREAS, at their August 28, 1986 meeting, the CTC indicated its
intent to authorize the Director of CALTRANS to execute a Director's deed
in favor of the Agency for the sale of excess land purchased as right-of-
way for State Highway Route 252; and
WHEREAS, CTC indicated that the sale of said excess land would be
contingent on provisions for addressing mitigation of traffic impacts
created by the rescission of State Highway Route 252; and
WHEREAS, the San Diego Association of Governments (hereinafter
referred to as "SANDAG"), has previously issued a report which recommends a
program of capacity enhancement/street improvement projects to mitigate
such impacts, which recommendations have been reviewed by CALTRANS and the
Cities of San Diego and National City, and modifications made thereto; and
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EXHIBIT "A"
WHEREAS, CIC found at its meeting of October 14, 1986, that this
local traffic mitigation program and its funding provisions is responsive
to CTC's concerns regarding mitigation of the impacts of the rescission of
State Highway mute 252; and
WHEREAS, CTC further resolved at its meeting of October 14, 1986,
that upon execution of a Memorandum of Understanding covering the terms and
conditions of funding the capacity enhancement/street improvement projects,
the terms and conditions of which shall be satisfactory to the Director of
CALTRANS and which may be modified from time to time by mutual consent of
the parties thereto, the Director of CALTRANS is authorized to execute and
deliver the Director's deed identified as 1086 Series, Item 27, at its
October 1986 meeting in favor of the Agency conveying the right-of-way for
State Highway Route 252; and
WHEREAS, Agency has executed or intends to execute an option
agreement containing terms and conditions specific to the purchase by
Agency of the excess land originally purchased by the State as right-of-way
for State Highway Route 252; and
WHEREAS, it is understood that this agreement is the compromise of
a dispute between the parties, and is not to be construed as an admission
by the City of National City that the mitigation measures included herein
are an adequate substitute for Route 252.
NOW, THEREFORE, in consideration of the recitals as herein
expressed and as terms and conditions for funding the capacity
enhancement/street improvement projects which constitute local traffic
mitigation program related to the Agency's purchase of said right-of-way,
the following understandings have been identified and are accepted by the
parties hereto:
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1. Agency will include in its Capital Street Improvement Program,
a $6.3 million contribution for capacity enhancement/street improvement
projects within the City of San Diego, as follows:
a. Division Street, Interstate 5 to
43rd Street
b. National Avenue, State Route 15 to
43rd Street
Zbtal $6.3 million
2. Agency will provide a $3.7 million contribution phased over 15
years for partial funding of the total $4.7 million cost of capacity
enhancement/street projects within National City which may include the
following projects:
a. 8th Street
b. National City Boulevard
c. Division Street
d. Plaza Boulevard
Zbtal $4.7 million
follows:
Payment of the $3.7 million Agency contribution to occur as
a. $2,500,000.00 to be provided in the first
ten years after execution of the Director's
deed, due upon demand but in no total amount
greater at any date than an amount equal to
$250,000.00 times the number of whole years
from date of execution;
b. $1,200,000.00 to be provided in the eleventh
through fifteenth years after execution of
the Director's deed, due upon demand but in
no total amount greater at any date than an
amount equal to $240,000.00 times the number
of whole years from the beginning of the
eleventh year.
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3. National City will fund the remaining $1.0 million in costs
associated with the capacity enhancement/street improvement projects
described in Item 2. above.
4. The terms and conditions of this Memorandum of Understanding
may be modified from time to time by the mutual written consent of the
parties as signatories thereto.
5. CALTRANS may enter into Memorandum of Understanding or other
agreements with National City relative to the provision of funds for said
projects in National City by Agency.
6. National City hereby releases and forever discharges The City
of San Diego, the Agency, Southeast Economic Development Corporation, Inc.,
CALTRANS, and all their elected and administrative officers and employees
of, from all claims and demands, rights and causes of action of any kind
the undersigned now has or hereafter may have on account of or in any way
growing out of the rescission of the State Highway Route 252 right-of-way.
This release expresses a full and complete settlement of a liability
claimed and denied, regardless of adequacy of the above consideration and
the acceptance of this release shall not operate as an admission of
liability on the part of anyone nor as an estoppel, waiver, or bar with
respect to any claim the party or parties released may have against the
undersigned. All rights given by Section 1542 of the Civil Code of
California, which is quoted below, are waived by National City. Civil Code
Section 1542: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
execution of the release, which if known by him must have materially
affected his settlement with the debtor."
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7. Upon the execution of this Memorandum of Understanding and
compliance with any appropriate requirement of the option agreement
referred to hereinabove, the Director of CALTRANS will deliver in a timely
manner his Director's deed in favor of the Agency conveying said excess
land.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding of the
Dated this
day of , 19
day of , 19
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN DIEGO
By
Executive Director
THE CITY OF NATIONAL CITY
Geo •e H. Waters, Mayor
I HEREBY APPROVE the form and legality of the foregoing Memorandum of
Understanding this day of , 19
JOHN W. WITT, General Counsel
BY
Janis Sammartino Gardner, Deputy Counsel
APPROVED AS TO FORM:
By
George H. Eiser, III, City Attorney
City of National City
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