The URL can be used to link to this page

Home My WebLink About1996 CON CDC MOU SD Unified Port District - MarinaORIGINAL Document No. 34780 Filed SD � DISTRICTG 2C3 199 ice MEMORANDUM OF UNDERSTANDING between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and the SAN DIEGO UNIFIED PORT DISTRICT relative to the NATIONAL CITY MARINA and OTHER POSSIBLE DEVELOPMENT and RELATED PUBLIC IMPROVEMENTS in the Vicinity of 24TH STREET and HARRISON AVENUE, NATIONAL CITY The San Diego Unified Port District (District) is in the process of conducting planning and engineering studies for the National City Marina (Marina) and studying the possible acquisition of rights -of - way and construction of Harrison Street from 24th Street south to the Marina; the possible acquisition of rights -of -way and the construction of street improvements on the south side of 24th Street between Harrison Street and Interstate 5 (I-5); and the possible acquisition of property located in the southwest quadrant of I-5 and 24th Street in National City as depicted on attached Exhibit "A" (all of the possible acquisition properties are collectively called the "Subject Properties"). The Community Development Commission of the City of National City (CDC) is in the initial stages of implementation of a Redevelopment Program. It is in the best interest of both the District and CDC to coordinate activities and to work in concert in order to achieve development that is mutually beneficial. The purpose of this Memorandum of Understanding (MOU) is to define the role of the CDC relative to its participation in the planning and implementation process of current projects funded by the District within the City of National City. The below -listed tasks are necessary to make a decision as to land use, the extent of public improvements, and which of the Subject Properties shall be acquired under the current District -funding program: 1. The District shall undertake a Port Master Plan update of the National City Tidelands (Tidelands) as part of the District's planning process. The CDC shall conduct a planning effort on the area between I-5 and the Tidelands at its own cost. The two planning efforts are to be coordinated and complement each other, if possible. 1 DUPLICATE • OICI` I or 2. A feasibility study of the land use potential of District -owned, Tideland and upland property adjacent to the Marina site shall be conducted by Keyser Marston Associates, Inc., pursuant to Paragraph 3 below. The land use shall consider both the Marina and the CDC's Harbor District Redevelopment Plan. At the District's sole option, the CDC shall assist the District in marketing the District's available upland property. The CDC shall have the right of first refusal to purchase the available non -Tideland property for a period of five years commencing August 1, 1996 and ending July 31, 2001 as follows: If the District receives a purchase offer for all or part of said non -Tidelands property, for which District staff is prepared to recommend acceptance to the District's Board of Port Commissioners, the District shall notify the CDC in writing of the price, terms and conditions of said purchase offer and if the CDC decides to purchase the property from the District, it must, within thirty (30) days of the date that the CDC is notified in writing of said purchase offer, submit its own purchase offer to the District containing price, terms and conditions identical to said purchase offer. If the CDC fails to timely submit its own purchase offer, the CDC's Right of First Refusal in this MOU is null and void and of no further force or effect. 3. The CDC shall amend its contract with Keyser Marston Associates, Inc., for planning services requested by the District for the proposed National City Marina and environs. The District shall reimburse the City for actual expenses, not to exceed $20,700. 4. The District shall prepare preliminary road designs of the proposed improvements to allow construction of Harrison Street and 24th Street. The CDC, with the assistance of the City Engineer, will review the preliminary designs and provide input prior to the conclusion of the final design. The District and the CDC shall mutually agree on the extent of the right-of-way improvements before this project proceeds. 5. The District shall obtain Preliminary Title Reports (litigation guarantees) of the Subject Properties proposed for acquisition and shall conduct due diligence investigations. 6. The CDC shall inform all owners (or their agents) of the Subject Properties of the possibility of property acquisition, that an appraisal, possibly soils studies, and a Phase I and possibly Phase II environmental (toxic) assessments need to be conducted and the possible public improvements that may be constructed. Prior to informing the owners (or their agents) of the Subject Properties, the information letter shall be reviewed and approved by the legal counsels of the CDC and District relative to avoidance of inverse condemnation proceedings. 7. The District shall be responsible for obtaining narrative appraisals covering the Subject Properties prepared by an appraiser(s) who holds the MAI designation. The District shall have necessary soils studies, Phase I, and if necessary, Phase II environmental (toxic) assessments conducted on the 2 Subject Properties. In addition, the District shall obtain a reuse analysis of the property located in the southwest quadrant of I-5 and 24th Street that may be acquired. 8. Upon receipt of the preliminary title reports, appraisals, Phase I environmental (toxic) assessments, Phase II environmental assessments (if necessary), necessary soils studies, and the reuse analysis, the District shall, after consulting with the CDC, consider the acquisition of some or all of the Subject Properties. If these acquisitions and related public improvements are to proceed, factors that shall be considered are the (1) cost of the Subject Properties to be acquired and public improvements in relation to the District's budget; (2) costs to remove existing improvements and remediate environmental contamination in the ground and groundwater; (3) agreement on the reuse of the Subject Properties not acquired for right-of-way purposes; and (4) the District's Capital Improvement Program (CIP) projects and available funding for National City. The maximum expenditures of those expenses incurred by the CDC which shall be reimbursed by the District shall not exceed the dollar amount committed in the CIP Project to National City. In addition, those funds reimbursed by the District to the CDC shall be considered part of the District's CIP projects for National City. 9. Although the District is not committing to the future acquisition of any of the Subject Properties proposed under this MOU, the District intends to conduct the planning and engineering studies described in this MOU. As to the planning and engineering studies for which the District is financially responsible, including, but not limited to, the CDC's contract amendment with Keyser Marston Associates, Inc., for the National City Marina and environs planning services, the scope of work and monitoring the progress of said studies shall be under the sole control of the District. The District and the CDC agree to expedite the process (as described above). The District and CDC recognize that the CIP funds allocated for the National City Marina Development is $5,497,000 with a $3,000,000 offset. This MOU shall terminate on June 30, 1997. Any extension must be mutually agreed upon, in writing, by the Executive Director of the 3 011 District and the CDC prior to June 30, 1997. Any extension of this MOU shall be for a maximum of sixty (60) days. Notwithstanding the foregoing, the District's and CDC's obligations as to the CDC's right of first refusal in paragraph 2 above shall continue through July 31, 2001. DATED: Port Attorney By 0l3 , 1996 SAN DIEGO UNIFIED PORT DISTRICT ive Director - COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By Exe ive Director Paul Desrochers 4 • • • 40111. • elig u. -• �i . .4 tiV .Z/+4; • POR. PAR. ISO �*. r. \h OR' ' September 5, 1996 Port of San Diego and Lindbergh Field Air Terminal (619) 686-6200 • P.O. Box 488, San Diego, California 92112-0488 Paul Desrochers Executive Director Community Development Commission City of National City 140 East 12th Street, Suite B National City, CA 91950 Dear Mr. Desrochers: RECEIVED SEP - 6 1996 Community Development Commission Re: Memorandum of Understanding Between the Community Development Commission of the City of National City and the San Diego Unified Port District Enclosed is the executed Duplicate Original of the above - referenced document. Your cooperation in this matter has been appreciated. Sincerely, 4v,-4 DAVID A. SANDOVAL Assistant Manager Real Estate Operations DAS/tw Enclosure