HomeMy WebLinkAboutAquatic Center Proposed AgreementMEMORANDUM OF UNDERSTANDING
BETWEEN SAN DIEGO UNIFIED PORT DISTRICT
AND THE CITY OF NATIONAL CITY
REGARDING THE NATIONAL CITY AQUATIC CENTER
The following recitals are a substantive part of this Memorandum of Understanding (MOU):
WHEREAS, both the San Diego Unified Port District (District) and the City of National City
(City) have worked cooperatively to develop the National City Aquatic Center (Project); and
WHEREAS, the District has approved the Project's concept plan; and
WHEREAS, the District certified the Project's Port Master Plan Amendment Mitigated Negative
Declaration, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and
WHEREAS, the Port Master Plan Amendment for the Project was certified by the California
Coastal Commission, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and
WHEREAS, the District has granted the Community Development Commission of National City
a thirty (30) year lease for the Project's site, with the condition that the project has commenced
construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29,
2010 (Lease); and
WHEREAS, the District has included $830,000 in its Capital Improvement Program as match
funding for the Project as recommended by the Maritime Enhancement Advisory Committee;
and
WHEREAS, the District has consented to the transfer of the Lease to the City of National City;
and
WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's
Document No. 57961 filed on August 10, 2011; and
NOW THEREFORE, the parties hereto enter into this MOU effective as of this day of
, 2011:
1. District agrees to transfer $830,000 to the City within sixty (60) calendar days of signature
of this MOU for match funding for the Project.
2. City agrees to provide the remaining funding for the Project and to complete the
construction of the Project.
3. City agrees to commence construction of the Project before December 31, 2012 or the City
will return the $830,000 to the District within sixty (60) calendar days and this MOU shall
terminate.
4. City agrees to complete the construction of the Center on or before the expiration of the
Coastal Development Permit, unless the District and City mutually agree to file for an
extension. In the event construction is not completed and no extension has been granted,
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the City will return the $830,000 to the District within sixty (60) calendar days and this MOU
shall terminate.
5. This MOU shall commence effective on the date set forth above and shall continue until the
Project is constructed and litigation and claims, if any, are settled.
6. All obligations of the parties under the terms of this MOU are subject to the appropriation of
the required resources by the parties and the approval of their respective Boards of
Directors, Councils or Commissioners.
7. This MOU shall be interpreted in accordance with the laws of the State of California. If any
action is brought to interpret or enforce any term of this MOU, the action shall be brought in
a state or federal court situated in the County of San Diego, State of California.
8. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
9. For purposes of this MOU, the relationship of the parties is that of independent entities and
not as agents of each other or as joint ventures or partners. The parties shall maintain sole
and exclusive control over their personnel, agents, consultants, and operations.
10. No alteration or variation of the terms of this MOU shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
11. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights
in third parties to this MOU or affect the legal liability of the parties to this MOU to third
parties.
IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and
year first above written.
Port Attorney SAN DIEGO UNIFIED PORT DISTRICT
By By
Karen J. Weymann
Director, Real Estate
SDUPD Docs No. 481368
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CITY OF NATIONAL CITY
By
Signature
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