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HomeMy WebLinkAbout2009 CC RESO 2009-165 CDCRESOLUTION NO. 2009 — 165 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY APPROVING THE SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC FOR TWO BLOCKS NORTH OF BAY MARINA DRIVE OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION, TO EXTEND THE FIRST NEGOTIATION PERIOD UNDER THE ENA THROUGH JUNE 30, 2010 WHEREAS, on June 19, 2007, the Community Development Commission of the City of National City (the "CDC") entered into an Exclusive Negotiation Agreement (the "ENA") with Marina Gateway Development Company, LLC (the "Developer") to develop APNs 559- 118-02, 559-117-04, 05, 06, 07, and 12, two blocks located on the north side of Bay Marina Drive (the "Site") to prospective users compatible with the nearby Marina Gateway Hotel and Commercial Project; and WHEREAS, on February 18, 2008, the CDC approved an extension to the ENA and a Memorandum of Understanding with the Developer to work cooperatively to recruit prospective users to the Site; and WHEREAS, the Developer has contributed $25,000 toward a marketing contract for the Site; and WHEREAS, the Developer is completing the Marina Gateway Hotel and Commercial Project including opening Buster's Beach House restaurant, and WHEREAS, the current economic downturn and the existence of blight on portions of the Site have militated against attracting prospective users to the Site; and WHEREAS, the Developer has proposed an Amendment to the ENA to extend the First Negotiation Period through June 30, 2010, to give the Developer additional time to generate interest in the Site by prospective users; and WHEREAS, the Developer has agreed in the proposed Amendment to the ENA to provide monthly written updates to staff and public updates to the CDC Board upon request from the Executive Director; and WHEREAS, a revised project description consistent with the Coastal Development Permit for the project has been prepared. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of National City hereby approves the Second Amendment to the Exclusive Negotiation Agreement by and between the Community Development Commission of the City of National City and Marina Gateway Development Company, LLC, for two blocks north of Bay Marina Drive owned by the Community Development Commission, to extend the First Negotiation Period through June 30, 2010. Said Second Amendment to the Exclusive Negotiation Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2009 — 165 June 16, 2009 Page 2 PASSED and ADOPTED this 16th day of June, 2009. on Morrison, Chairman ATTEST: APPROVED AS TO FORM: George H. user, III City Attorney Passed and adopted by the Community Development Commission of the City of National City, California, on June 16, 2009, by the following vote, to -wit: Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, om • • ' -velopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-165 of the Community Development Commission of the City of National City, California, passed and adopted on June 16, 2009. Secretary, Community Development Commission By: Deputy