HomeMy WebLinkAboutAgreementSAN DIEGO UNIFIED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF MEMORANDUM OF UNDERSTANDING
AMENDMENT NO. 1
THIS AGREEMENT, made and entered into this day of
20 , by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, hereinafter called "District," and the CITY OF NATIONAL CITY, a municipal
corporation, hereinafter called "City," WITNESSETH:
WHEREAS, Pursuant to the State of California Assembly Sill No. 26 (2011-2012 lst Ex.
Sess) amending the Community Redevelopment Law of the Health and Safety Code
Sections 34161 thru 34194.5, the Redevelopment Agency Community Development
Commission of National City has been dissolved; and
WHEREAS, District and City, on the 13th day of September, 2011, entered into a
Memorandum of Understanding (MOU) regarding the National City Aquatic Center,
which MOU is on file in the Office of the Clerk of Lessor bearing Document No. 58060;
and
WHEREAS, District and City, on the 8th day of June, 2010, entered into a Lease of
certain area in the City of National City, California, which Lease is on file in the Office of
the Clerk of Lessor bearing Document No. 56735; and
WHEREAS, District, on the 26th day of September, 2011, fulfilled its obligation of
transferring match funding to City in the amount of $830,000 as recommended by the
Maritime Enhancement Advisory Committee; and
WHEREAS, District and City are mutually desirous of amending said MOU;
NOW THEREFORE, for valuable consideration, said MOU is hereby amended in the
following respects and no others, and except as expressly amended, all terms,
covenants and conditions of said MOU shall remain in full force and effect:
A. Said MOU is hereby amended by deleting item No. 3 and replacing it as
follows:
3. City agrees to commence construction of the Project before
December 31, 2013 or the City will return the $830,000 to the District within
sixty (60) calendar days and this MOU shall terminate.
1
ORIGINAL
IN WITNESS WHEREOF, parties hereto have executed this agreement as of the day
and the year first above written.
Port Attorney SAN DIEGO UNIFIED PORT DISTRICT
By By
Karen J. Weymann
Director, Real Estate
DEPUTY PORT ATTORNEY
APPROVED AS TO FORM: CITY OF NATIONAL CITY
By By
Claudia G. Silva
City Attomey
SDUPD Doc. No. 550189
2
Ron Morrison
Mayor
(FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT)
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Though the information below is not required by law. it may prove valuable to person relying on the document
and could prevent fraudulent removal and reatiathmen; of this form to another document.
Description of Attached Document
Title or Type or Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capaclly(ies) Claimed by SIgner(s)
Signer's Name
o Individual
o Corporate Officer—Title(s):
o Partner -• c Limited j General
o Attorney in Fact
o Trustee
o Guardian or Conservator
Other
Signer is Representing:
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Signer's Name
o individual
o Corporate Officer—Title(s):
o Partner -- n limited o General
o Attorney in Fact
a Trustee
a Guardian .or Conservator
o Other.
Signer is Representing:
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IIs=lGkt
(FOR USE BY CITY OF NATIONAL CITY)
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On before me,
Notary Public, personally appeared
who prti,red to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Though the Information below is not required by law. it rm.). prove valuable to person rely on The document
and Could prevent fraudulent removal and reattachment of thls form to another document.
Description of Attached Document
Titre or Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
a indMdual
ra Corporate Officer-•Title(s):
o Partner -- p Limited ❑ General
o Attorney in Fact
o Trustee
o Guardian or Conservator
CI Other:
Signer is Representing:
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Signer's flame
o individual
n Corporate Officer—Titte(s):
r3 Partner --r. Limited o General
o Attorney in Fact
❑ Trustee
o Guardian or Conservator
o Other.
Signer is Representing: