HomeMy WebLinkAboutLeaseSAN DIEGO UNIF?ED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF LEASE
AMENDMENT NO, 2
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 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, 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, on the 11tt' day of January, 2013; mutually agreed to
amend the commencement of construction of improvements to the Nat onai City Aquatic
and Recreation Center (Project), which Amendment No. 1 is on file in the Office of the
District Clerk bearing Document No. 59801; and
WHEREAS, Lessor and Lessee, concurrently with this Amendment No. 2, are amending the
MOU; and
WHEREAS, Lessor and Lessee are mutually desirous of amending said Lease;
1
ORIGINAL
IOW THEREFORE, tor 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. Paragraph 6, TITLE TO IMPROVEMENTS, is hereby amended to add the following to the
end of Paragraph 6:
Notwithstanding anything to the contrary, title to the improvements constructed in
accordance with Paragraph 5 shall vest in Lessor. Lessee agrees to execute all
documents necessary to vest such title. Once constructed, the improvements
constructed by Lessee in accordance with Paragraph 5 herein shall become part of the
Leased Premises. Solely for the purpose of Paragraph 29 herein, the improvements to
be constructed by Lessee in accordance with Paragraph 5 herein, shall be considered
Lessee -owned improvements.
S. Paragraph 27, POLICY OF LESSOR, is renamed COMPLIANCE WITH PREVAILING
WAGE LAWS, and is completely replaced as follows:
27. COMPLIANCE WITH PREVAILING WAGE LAWS: Lessee acknowledges and
agrees that: (1) it is the sole and exclusive responsibility of the Lessee, and not Lessor, to
ensure that all persons and/or entities who provide any labor, services and/or equipment in
connection with any construction or work of improvement on any land or water areas
occupied by Lessee, shall comply with the requirements of California's prevailing wages
laws (the "PWL"); and (2) it is the sole and exclusive responsibility of Lessee, and not
Lessor, to determine whether such construction or work of improvement is subject to the
PWL by obtaining a determination by means that do not involve Lessor. If such construction
or work of improvement is determined to be subject to the PWL, Lessee shall comply with
all applicable provisions of the PWL, and shall ensure that all persons and/or entities who
provide any labor, services, equipment and/or materials in connection with such
construction or work of improvement shall likewise comply with all applicable provisions of
the PWL.
Lessee further acknowledges and agrees that Lessee's failure to comply with all applicable
provisions of the PWL, and ensure that all persons and/or entities who provide any labor,
services, equipment and/or materials in connection with such construction or work of
improvement shall likewise comply with a!I applicable provisions of the PWL, will render
Lessee, and not Lessor, liable for ail remedies (inclusive of ail applicable fines and
penalties), afforded by law as a consequence of such non-compliance. Lessee expressly
anrocc to rlofor►rl indomnifi and hnIrl I Acgnr harmlpcc fnr anv Haim rlamanrl Iiahilifv Inge
damage, cost, expense (including consultant/expert all attorneys' and consultant/exert fees), award, fine
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penalty or judgment arising out of, in connection with, or in any way related to the PWL
(collectively "PWL Claim"); except for any PWL Claim arising out of the sole negligence or
willful misconduct of Lessor. Lessee's obligation to defend Lessor hereunder shall arise
regardless of the merits of any PWL Claim, and shall continue until such PWL Claim has
been resolved by way of a final judgment or settlement, which ever may last occur.
Lessee's obligations hereunder are in addition to Lessee's indemnity obligations under
Paragraph 22 of this Lease, and all such indemnity obligations shall survive the termination
2
of this Lease and shall extend to any PWL Claim that may arise after the termination of the
Lease, as well as while it is in force.
DATED:
20
Port Attorney SAN DIEGO UNIFIED PORT DISTRICT
By By
pep, l'j foo A fi✓ Karen J. Weymann
Director, Real Estate
APPROVED AS TO FORM: CITY OF NATIONAL CITY
By By
Claudia G. Silva
City Attorney
SDUPD Doc. No. 590461
Ron Morrison
Mayor
3
(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) islare 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)
OPTIONAL--_ _..- - - --
Though the information below Is not repaired by law. it may prove valuable to person retying as the document
and could prevent fraudulent removal and reaitecliment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(sOther Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signers Name
n Individual
▪ Corporate Officer --Title(s).
u Partner -- o Limited a General
Attorney in Fact
o Trustee
r • Guardian or Conservator
e : Other:
Signer is Representing:
RIGHT THUMBPRINT
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Tau ar thumb hers
Siyiiei'$ Name
c3 Individual
ri Corporate Officer--Tit1e(s}:
o Partner -- cl Limited n General
o Attorney in Fact
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o Guardian or Conservator
o Other:
Signers Representing:
t�IQHT Tt#1Nruirmat'
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4
(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 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 IaN, it may prove valuable to person retying en the dooumen1
and could prevent fraudulent removal and reattachment of tills form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by signer{s}
Signer's Name
u Individual
u Corporate Officer --Titles±:
u Partner -- o Limited n General
u Attorney in Fact
• Trustee
• Guardian or Conservator
▪ Other:
Signer is Representing:
Number of Pages:
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OF.SIC.NE
Tcp of ltx.nnh hec
Signer's Name
ri Individual
ri Corporate Officer—Title(s):
E..1 Partner -- it Limited n General
n Attorney in Fact
e Trustee
n Guardian or Conservator
r Other: ....
Signer is Representing:
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5
Legal Description for
CITY OF NATIONAL CITY
AQUATIC CENTER
TIDELAND LEASE
Within Corporate Limits of National City
All that certain portion.af 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.
75-164.686, 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 "SDJPD-020" as shown on
Record of Survey Map No. 16668, filed in the office of the San. Diego County Recorder on July
26, 2000; thence along a tie -line South 70°38'59' East .a distance of 383.59 feet (calculated) to
the:TRUE PONT.IOF BEGINNING; thence North 72°06'01" East a distance of 87,30 feet;
thence South 17°53'59" East a distance of 1.30 feet thence North 72°08'01P East a distance of
13.57 feet thence South 17°53'69' East a distance of 1.85 feet thence North 72°.06'01" East a
distance of 10.O0 feet; thence North 26°24'43' West a distance of 5.10 feet thence North
33°14'O7" East a distance of 0.85 feet thence South 87°0750' East a distance of 2.36 feet to
the beginning of a non -tangent 21.60 foot radius curve, concave southeasterlyto which a radial
bears North 83°11'22" West thence northeasterly along the arc of said curve through a central
angle of 117°19'2.1" 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°D8'47" 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;
ther;ce South 83°38'48" West a distance of 22.89 feet thence South.60°33'14" West a distance
of 22.85 feet; thence North 33'22'53" 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.
Ail bearings and distances in the abdve legal description are grid, and based upon the California
Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35.
n /7/7
Charles J. eilaglw Date
'fob
L.S.'7876 Expires 31 Dec. 2008
San Diego Unified Part District 1c' aisr�to.
Land Surveyor
epi
Y 02 Ira
� f
OP
EXHIBIT "A"
56735
X \ 3
ffD'7r
527-001
20' WATER
ESMT.
3" DIA. BRASS DISK MON.
STAMPED "SDUPD-020" AS
SHOWN ON R.D.S. 16668:
RAMP
BOAT LAUNCH
FACILITY
NOTES;
560' 33' 14"W
22.85'
528-00i
EASEMENT LllvllT
LINE OF COUNTY
OF SAN DIEGO
(DOC. NO, 17271
FILED AUG. 30, 1904).
' 1 0. \kt
k
528-003
SDG&E
EASEMENT
r
MARINA ► GROUP, LLC.L
PARCEL NO2
LLC.
PARCEL N0.1
'+ DETAIL
(SEE SHEET 2 OF .2)
I X
•
%
028-01.0
028-00 PIER 32
PIER 32 MARINA GROUP,
ti
I��r \S83'38`48"W
23.01 '
S60'33' 14"W
23,01'
`S83' 38'48"W
22.89'
-
DATA TABLE:
1. LEASE AREA SHOWN SHADED. GRAPHIC SCALE
2.. BEARINGS AND DISTANCES ARE GRID ) S70'38'59"E-383.59XCALC.) 0 10' 20' 40
AN3. BASED UPON THE CALIFORNIA0 T 33'22'53"W-60.00' L
0�QQORDINATE SYSTEM ZONE 6, NAL) 03,
EPOCH i 1991 .35. ® N72`06'01 "E-87.30' 1" = 40'
•
S60'33' 14"W
41.02'
SWEETWATER RIVER
CHANNEL LIMIT
PER CALTRANS
RIGHT OF WAY
MAP NO. 4.9503
DATED DEC. 1983
205.00' TO
OF SWEETNATER
DaAV t.DA !IJN VAOUEZ ., .�� UNIFIED n DISTRICT r+� DATE SEPT,12. 200B
c1 ern�, t . liY 1ilE£ � �r+6I�t�D PORT i e�lo it Ea.� SCALE 1"ao.
,;�t.A✓fgrce. TIDELAND LEASE • REF 32.6--01u
WITHIN CORPORATE LIMITS OF NATIONAL CITY DRAWING NO.
CITY OF NATIONAL CITY SHEET 10F 2
AQUATIC CENTER , 028-025
Moti
EXHIBIT 13" 56735
5—O'31208d Hg.
44
Z:2aVONAVF
70EM
N77 06.01"E
87.30
028-010
PIER 32
MARINA GROUP, LLC.
PARCEL NO. 1
be=11719.21"
L=4-4.23.
R=21.60'
" .
S57.°7:59-7-:::-
-•:N721075;01"E- 59 -
• , , :S1 7'53'.597.E -A1 75359 "E • .
Sq. Ft
51 753 58 9 A .
- ;
::::::Egrt•IFMT. WhIK.
OUNTY OF SAN DtEGO
NO1727
•
GRAPHIC SCALE
0 5• 1 0' 1 6?
= 16'
DRAWICZMN vksam 1
•W
DETAIL
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND LEASE
WHIN CORPORATE WITS OF NATIONAL CRY
err( OF NATIONAL CITY
AQUATIC CENTER
EXHIBIT II"
\ 028-01 0
N. PARCEL NO. 2
b.=29' 08474
L= I 8.913.
R=37.30.
1,18707'02"1/0
4.57'
52643. 14"E
4.08.
1,1770601E
3.80'
DATE SEPT, it. 2.66a
scALE i".1V
REF, cqa-gl
DRAWING Na
SHEET ZOF
on -on
56735