HomeMy WebLinkAboutAgreementSAN DIEGO UNIFIED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF LEASE
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 "Lessor," and the CITY OF NATIONAL CITY, a municipal corporation,
hereinafter called "Lessee," WITNESSETH:
WHEREAS, Pursuant to the State of California Assembly Bill No. 26 (2011-2012 1st 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, Lessor and Lessee, on the 13`h 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, Lessor administratively approved, on the 8th day of July 2011, an assignment of
the Lease from Community Development Commission of National City to the City of
National City, which Assignment and Assumption Approval is on file in the Office of the
Clerk of Lessor bearing Document No. 57887; and
WHEREAS, Lessor and Lessee, 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, Lessor and Lessee are mutually desirous of amending said Lease;
NOW THEREFORE, for valuable consideration, said Lease is hereby amended in the
following respects and no others, and except as expressly amended, all terms, covenants
and conditions of said Lease shall remain in full force and effect:
A. Said Lease is hereby amended by deleting the first paragraph in Paragraph 5 and
replacing it as follows:
ORIGINAL
5. CONSTRUCTION OF IMPROVEMENTS: On or before December 31, 2013,
Lessee shall provide evidence of financial capability and commence the construction of and
diligently proceed to completion, a aquatic and recreation center, hereinafter "Project.'
The Project shall be substantially in accordance with plans and specifications, including but
not limited to working drawings, hereinafter "Plans," previously approved in writing by
Lessor, subject to changes thereto as may be approved by Lessor, in Lessor's sole
discretion. Said Plans, and any approved changes thereto, are by this reference made a
part hereof. Construction of the Project shah be completed by no later than
December 31, 2016. Provided, however, the commencement and completion dates may be
extended pursuant to Paragraph 5(e) herein. In the event of any inconsistency between the
Plans and the terms and conditions of this Lease, the terms and conditions of this Lease
shall prevail.
All other provisions of Paragraph 5, subparagraphs (b) through (f) shall remain in
accordance with the original Lease.
(ABSTRACT OF LEASE AMENDMENT NO. 1 FOLLOWS)
2
ABSTRACT OF LEASE AMENDMENT NO. 1
B. ABSTRACT OF LEASE AMENDMENT NO. 1: This is the final Paragraph and
Abstract of Lease Amendment No. 1 dated , 20 ,
between SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, Lessor, and the
CITY OF NAT]ONAL CITY, a municipal corporation, Lessee, concerning the Leased
Premises described in Exhibits "A" and "B," attached hereto and by this reference made a
part hereof.
For good and adequate consideration, Lessor leases the Leased Premises to Lessee, and
Lessee hires them from Lessor, for the term and on the provisions contained in Lease dated
July 29, 2010 on file with the Office of the District Clerk as SDUPD Doc. No. 56735, as
amended by this Lease Amendment No. 1, including without limitation provisions prohibiting
assignment, subleasing, and encumbering said leasehold without the express written
consent of Lessor in each instance, all as more specifically set forth in said Lease and said
Lease Amendments, which are incorporated in this Abstract by this reference.
The term is thirty (30) years, beginning January 1, 2011, and ending on December
31, 2040.
This Abstract is not a complete summary of the Lease Amendment. Provisions in this
Abstract shall not be used in interpreting the Lease Amendment provisions. In the event of
conflict between this Abstract and other parts of the Lease Amendment, the other parts
shall control. Execution hereof constitutes execution of the Lease Amendment itself.
DATED: , 20
PortAtrney / , _- SAN DIEGO UNIFIED PORT DISTRICT
By
DEPUTY PORT ATTORNEY
By
Karen J. Weymann
Director, Real Estate
APPROVED AS TO FORM: CITY OF NATIONAL CITY
By By
Claudia G. Silva Ron Morrison
City Attorney Mayor
SDUPD Doc. No. 549486
2
(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) istare 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 may prove valuable to person relying on the doc::menl
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Nacre
o individual
a Corporate Officer--Title(s):
o Partner •o Limited rj General
o Attorney in Fact
o Trustee
a Guardian or Conservator
ci Other:
Signer is Representing:
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Signer's Name
o individual
o Corporate Officer—Tit1e(s):
[] Partner — n Limited o General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer is Representing:
9ibCiH7, ti iiihkl9aR (td'
' OF, ICtwER
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(FOR USE BY CITY OF NATIONAL CITY)
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 sarne in his/her/their authorized capacity(ies), and that by
his/her/their signatures) 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)
- - - - - - ---- OPTIONAL
Though the inrormalion below is not required by law, it may prove valuable to person relying on the doom -rent
and ceikt prevent fraudulent rernoval and reattachment of this form to anottser document.
Description of Attached document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacityries) C!airned by Signer(s)
Signer's Name
❑ individual
t Corporate Officer--Title(s):
r_• Partner -- o Limited fit General
❑ Attorney in Fact
✓ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
RJGttiT Tel_e trR!NT
4e'S1GNER
Signer's Name
o E�:dividuaE
n Corporate Officer—Titie(s):
Partner -- n Limited o General
n At'orney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer is Representing:
:rliuviaPeiro
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Legal Description for
CITY OF NATIONAL CITY
AQUATIC CENTER
TIDELAND LEASE
Within Corporate Limits of National City
All that certain portion of land conveyed to the San Diego Unified Port District by that certain Act
of Legislature of the State of California pursuant to Chapter 67, Statutes of 1962, First
Extraordinary Session, as amended, and delineated as Parcel 1-A on that certain Miscellaneous
Map No. 564, filed in the Office of the San Diego County Recorder on May 28, 1976, File No.
76-164686, in the City of San Diego, County of San Diego, State of California, and more
particularly described as follows:
•
Commencing at a 3" diameter brass disk monument stamped "SDUPD-020" as shown on
Record of Survey Map No_ 16668, filed in the office of the San Diego County Recorder on July
25, 2000; thencealong a tie -line South 70'38'59" East a distance of 383.59 feet (calculated) to
the TRUE POINT OF BEGINNING; thence North 72°06'01" East a instance of 87.30 feet;
thence South 17°5315a" East a distance of 1.30 feet; thence North 72°06'01" East a distance of
13.57 feet; thence South 17°53'59" East a distance of 1.85 feet; thence North 72°06'01" East a
distance of 10.00 feet; thence North 26°24'43" West a distance of 5.10 feet; thence North
33°14'.07'1 East a distance of 0.85 feet; thence South 87°07'50" East a distance of 2.36 feet to
the beginning of a non -tangent 21.60 foot radius curve, concave southeasterly to which a radial
bears North 83°11122" West; thence northeasterly along the arc of said curve through a central
angle of 117°19$21" an arc distance of 44.23 feet to the beginning of a 37.30 foot radius
compound curve, concave southwesterly; thence southeasterly along the arc of said curve
through a central angle of 29°08'47" an arc distance of 18.98 feet; thence South 26°43'14" East
a distance of 4,08 feet; thence North 87°07'02° West a distance of 4.57 feet; thence South
17°53'59" East a distance of 8.50 feet; thence North 72°06'01" East a distance of 3.80 feet;
thence South 17°53'59" East a distance of 4.20 feet; thence South 72°06'01" West a distance of
3.80 feet; thence South 17°53'59" East a distance of 24.73 feet; thence South 84°22'14" West a
distance of 7.50 feet; thence South 60°33'14" West a distance of 41.02 feet; thence South
83°38'48" West a distance of 23.01 feet; thence South 60°33'14" West a distance of 23.01 feet;
thence South 83°38'48" West a distance of 22.69 feet; thence South S0°33'14" West a distance
of 22.85 feet; thence North 33°22253" West a distance of 60.00 feet to the TRUE POINT OF
BEGINNING, containing 8,412 square feet or 0.19 acre of tidelands area.
The above described land area is delineated on the San Diego Unified Port District Drawing No.
028-025, dated September 12, 2008 and made a part of this agreement.
Ali bearings and distances in the above legal description are grid, and based upon the California
Coordinate System, Zone 8, N.A.D, 83, Epoch 1991.35.
Charles J. efk$w Date
L.S,'7876 Expires 31 Dec_ 2008
Land Surveyor
San Diego Unified Port District
EXHIBIT' "
52.7-001
2D' WATER
iESMT.
RAMP
BOAT LAUNCH
FACILITY
560'33'14"W
22.85'
528-001
EASEMENT Mil
LINE OF COUNTY
OF SAN DIEGO
(DOC, NO. 17271
FILED AUG. 30, 1984)
NOTES;
1. LEASE AREA SHOWN SHADED.
2. BEARINGS AND DISTANCES ARE GRID
AND BASED UPON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6, NAD 83,
EPOCH 1991.35.
583'38'48"W
22.89'
028-010
028-Oi0 PIER 32
PEER 32 MARINA GROUP,
MARINA. GROUP.PARCEL NO.2
LLC.
PARCEL NO.1
DETAIL
(SEE SHEET 2 OF 2)
561733' 14"W
41.02'
SWEETWATER RIVER
CHANNEL LIMIT
PER CALTRANS
RIGHT OF WAY
MAP NO. 49503
DATED DEC. 1983
ch
tkiiiigL
in
" 205.00' TO 1.9 7
I , r VI* OF SWEETWATER �+
_ DATA TABLE RIVER CHANNEL t Lo
. 10 S70'38'59"E-383.59'(CALC.) O'RAP 2 SCALE o
0 10' 20' 40'
0 N33'22'531W-60.00' IPm1'
0 N72'06'01 "E--87.30' 1" = 40'
ILI
NEC
R
VAOUEZ
. /LfiQ4tt,
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND LEASE •
WITHIN CORPORATE LIMITS OF NATIONAL Cf?
C1TY OF NATIONAL CITY
AQUATIC CENTER
EXHIBIT °B"
DATE SEPT. 12. 2008
SCALE 1'=4•0'
REF 02S-010
DRAWING NO.
SHEET 1OF Z
028-025
028-010
PARCEL NO. 2
028-010
PIER 32
MAR' NA GROUP, LLC.
PARCEL NO. 1
A=11719'21'
L=44.23'
R=21.60'
L=29'08'47"
L=18.9.8'
R=37.30'
2:3• ...................:•
7 2z2 (Rj' 7.6\
0'
06.01'E ':�?•'11' •
...Nil?:0 r y.. $17'a3'59'E
•
:S17'53'59'E :....• :S17'53"59'
•
...N72'06'0Z'E 12 SO. �.: 572 06'01
40.19 ACRE: :3.
iuei`•..... ��584;22_1.4"YY%�?`•�4:'
fi1GHT OF WAtY.0 :;�^
_ 11F '1C'. 49503: f %i
;OUNTY OF SAN D1EGO ;'
Na 17271
;FlLED AUG. 30. 19B4 ,
GRAPHIC SCALE
0 5' 10' 15'
t 1' = 'I5'
1
DETAIL
SCALE: 1'=15'
N87'07'02"W tti
4.57'
S25'43'14' 1
4.08'
N72`05'01 `E
.80'
DMWN2 1W YASOUFZ
724"
SAN DIEGO UNIFIED PORT DISTRICT
.TIDELAND LEASE
W1T N CORPORATE LIMITS OFNAT10NAL. CITY
CITY OF NATIONAL CITY
AQUATIC CENTER
EXI- OBIT'BK
DATE SEPT. 12 2306
SCALE 1"-15'
REF. _ 0287D10
DRAWING NO
SHEET 2.OF 2
028-025