HomeMy WebLinkAboutMOU with Resolution No. 2011-198San �Secsv L4nified Pertt� L7
MEMORANDUM OF UNDERSTANDING daculin:/Lio. Ztr
BETWEEN SAN DIEGO UNIFIED PORT DISTRICT Filed` 1
AND THE CITY OF NATIONAL CITY Cerk
REGARDING THE NATIONAL CITY AQUATIC CENTER Office ofthe District
The following recitals are a substantive pad 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 rr�
NO THE EFORE, the parties hereto enter into this MOU effective as of this �.J 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 (80) 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,
Duplicate Original
the City will return the $630,000 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
By
I
X) -flea* /oat- 42edmit
SDUPD Roca No. 481268
2
SAN DIEGO UNIFIED PORT DISTRICT
Karen . Weymann
Director, Real Estate
CITY OF NATIONAL CITY
By
Signaturena�
PRINT NAME: lCv•) /14.11A .1n
PRINT TITLE: 'f';/
RESOLUTION NO. 2011 . 198
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
A MEMORANDUM OF UNDERSTANDING BETWEEN
THE SAN DIEGO UNIFIED PORT DISTRICT AND
THE CITY OF NATIONAL CITY FOR PORT FUNDING
IN THE AMOUNT OF $830,000 AS MATCHING FUNDS TO
THE 2011 TAX ALLOCATION BONDS FOR
THE NATIONAL CITY AQUATIC CENTER, AND
RATIFYING THE ASSIGNMENT BY THE PORT AND
THE ASSUMPTION BY THE CITY OF THE LEASE OF
PROPERTY AT GOESNO PLACE IN NATIONAL CITY
WHEREAS, in 2010, the City Council participated in the creation and work efforts
of a Port of San Diego Maritime Advisory Committee formed to address adverse impacts of
industrial waterfronts in the communities of National City and Barrio Logan; and
WHEREAS, as a result of these activities, the Board of Port Commissioners
allocated $830,000 in new funding for construction of the $3.3 Million National City Aquatic
Center (the "Project"), intended to open up National City's waterfront for boating to all people
regardless cf their ability to pay;
WHEREAS, on June 8, 2010, the San Diego Unified Port District (the 'Port
District") entered into a 30-year lease (the "Lease) with the Community Development
Commission of the City of National City ("CDC") for property located at Goesno Place, to be
utilized for the Aquatic Center; and
WHEREAS, pursuant to the Cooperation Agreement between the City and the
CDC dated February 15, 2011, the Lease was assigned by the Port District and assumed by the
City as part of the Assignment and Assumption Review and Approval dated July 8, 2011, and
executed by the City Manager on July 12, 2011. Said Assignment and Assumption requires
ratification by the City Council; and
WHEREAS, on February 20, 2011, the CDC issued $39,660,000 in Tax
Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to
be complete within three years of the issuance date, and the Building Permit for the Project was
approved in August requiring construction to be underway within six months; and
WHEREAS, on August 10, 2011, the Fort District filed a Coastal Development
Permit for construction of the National City Aquatic Center on Port lands within two years; and
WHEREAS, the Port District has proposed a Memorandum of Understanding
("MOW") providing National City with the funding via a cash advance in the amount of $830,000
as matching funds to begin construction by December 31, 2012, and to complete the Project by
the expiration of the Coastal Development Permit.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby ratifies the Assignment by the San Diego Unified Port District and the
Assumption by the City of National City of the 30-year Lease of property at Goesno Place in
National City.
Resolution No. 2011 —198
Page Two
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a
Memorandum of Understanding between the San Diego Unified Port District and the City of
National City for Port funding in the amount of $830,000 as matching funds to begin
construction by December 31, 2012, and to complete the Project by the expiration of the
Coastal Development Permit.
PASSED and ADOPTED this 6th day of September, 2011.
ATTEST:
ha I R. Della, C
Clerk
rk
ROVED AS TO FORM:
ra
City Attom
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
September 6, 2011 by the following vote, to -wit:
Ayes: Councilrnembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None_
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
By:
City CI k of the City of ational City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO, 2011-198 of the City of National City, California, passed and
adopted by the Council of said City on September 6, 2011.
City Clerk of the City of National City, California
By:
Deputy