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HomeMy WebLinkAboutCC RESO 2015-164RESOLUTION NO. 2015 — 164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING RESOLUTION 2015-142 APPROVING AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER (RENAMED AS THE WATERFRONT ADVENTURE CENTER); AUTHORIZING THE MAYOR TO EXECUTE A REVISED AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING WHEREIN THE PORT DISTRICT AGREES TO CONTRIBUTE AN ADDITIONAL $223,110 TOWARDS COMPLETION OF THE PROJECT, BASED ON ADDITIONAL LANGUAGE REQUESTED AND APPROVED BY THE BOARD OF PORT COMMISSIONERS AT THEIR PUBLIC MEETING HELD ON OCTOBER 6, 2015; AND AUTHORIZING THE APPROPRIATION OF $223,110 TO THE PROJECT, WHICH WILL BE REIMBURSED BY THE PORT DISTRICT SUBJECT TO THE TERMS OF THE AMENDMENT WHEREAS, on August 6, 2013, the City Council adopted Resolution No. 2013- 119 entering into an Amended and Restated Memorandum of Understanding ("MOU") related to the National City Aquatic Center (renamed the Waterfront Adventure Center) between the San Diego Unified Port District and the City of National City; and WHEREAS, at the October 27, 2014 Port District Capital Improvement Program Workshop, the Board of Port Commissioners approved the City's request for an additional $500,000 to complete the Project; and WHEREAS, on December 16, 2014, the City Council adopted Resolution No. 2014-175 entering into Amendment No. 1 of the Amended and Restated MOU increasing the Port District's contribution to the Project by $500,000; and WHEREAS, on September 15, 2015, the City Council adopted Resolution No. 2015-142, authorizing the Mayor to execute Amendment No. 2 to the Amended and Restated Memorandum of Understanding wherein the Port District agreed to contribute an additional $223,110 towards completion of the Project; and WHEREAS, at a public meeting on October 6, 2015, the Board of Port Commissioners unanimously approved the additional $223,110, but revised Amendment No. 2 to add conditions to the reimbursement of the $223,110, as follows: The District shall not be obligated to reimburse City for the last $223,110 of the maximum $4,633,110 until City has received all of the following and provided copies to District: (1) unconditional waivers and releases from all contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, other persons or entities that provided work for the Project, and any other person or entity that filed a stop work notice and/or preliminary notice related to the Project; (2) a Certificate of Occupancy for the Project; (3) Americans with Disabilities Act (ADA) inspection approval for the Project; and (4) recordation of Notice of Completion with the County. ; and Resolution No. 2015 — 164 Page Two WHEREAS, staff takes no exception to these conditions added to Amendment No. 2. and requests that the City Council rescind Resolution 2015-142, which adopted the original Amendment No. 2, and authorize the Mayor to execute the revised Amendment No. 2; and WHEREAS, an appropriation of $223,110 to the Project is necessary, which will be reimbursed by the Port District subject to the terms of Amendment No. 2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby rescinds Resolution No. 2015-142, adopted on September 15, 2015. BE IT FURTHER RESOLVED that the City Council authorizes the Mayor to execute a revised Amendment No. 2 to the Amended and Restated Memorandum of Understanding related to the National City Aquatic Center (renamed the Waterfront Adventure Center) between the San Diego Unified Port District and the City of National City wherein the Port District agrees to contribute an additional $223,110 towards completion of the Project based on additional language requested and approved by the Board of Port Commissioners at their public meeting held on October 6, 2015. BE IT FURTHER RESOLVED that the City Council authorizes the appropriation of $223,110 to the Project, which will be reimbursed by the Port District subject to the terms of the Amendment. PASSED and ADOPTED this 3rd day of November, 2015. Morrison, Mayor ATTEST: ael R. Dalla, City Clerk APPROVED AS TO FORM: Clau•ia acitu. Silva City Attorn: y Passed and adopted by the Council of the City of National City, California, on November 3, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 'A;i4j City Jerk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-164 of the City of National City, California, passed and adopted by the Council of said City on November 3, 2015. City Clerk of the City of National City, California By: Deputy