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HomeMy WebLinkAbout2001 CON CDC MOU (Amendment #1) SD Unified Port District - Harrison Ave ExtensionSan Diego Unified Port District Documennt No. 4 362 Filed AUG� Q Office of the District Clerk AMENDMENT NO. 1 TO AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT RELATIVE TO THE EXTENSION OF HARRISON AVENUE, THE NATIONAL CITY MARINA, OTHER POSSIBLE DEVELOPMENT AND RELATED PUBLIC IMPROVEMENTS AND CAPITAL DEVELOPMENT PROGRAMS IN THE VICINITY OF 24TH STREET AND HARRISON AVENUE, NATIONAL CITY RECITALS WHEREAS, the Community Development Commission of the City of National City ("CDC") and the San Diego Unified Port District ("District") entered into a Memorandum of Understanding dated June 10, 1997 ("1997 MOU") and recorded in the office of the District Clerk as Document No. 36077; and WHEREAS, CDC and District determined to expedite the projects described in the 1997 MOU to give more control to CDC to manage these projects and to that end, CDC and District modified the 1997 MOU and entered into an Amended and Restated Memorandum of Understanding ("2000 Amended MOU"), recorded on January 18, 2000, in the office of the District Clerk as Document No. 39834; and WHEREAS, on December 22, 1999, the District acquired the National Distribution Center property ("NDC"), and is now in the process of amending its Port Master Plan to incorporate NDC into the Port Master Plan; and WHEREAS, CDC and District have decided to further modify, clarify, and coordinate activities and work in concert regarding the "Marina Property" project and the NDC as described in the 2000 Amended MOU; and 1 DUPLICATE -ORIGINAL WHEREAS, the purpose of this Amendment No. 1 to Amended and Restated Memorandum of Understanding ("Amendment") is to further define the roles and obligations of CDC and the District relative to the Marina Property project. NOW THEREFORE, in consideration of the mutual benefit to be derived therefrom, CDC and District hereby agree as follows: A. Marina Property project. The total cost of the marina basin shall not exceed $7,500,000 unless mutually approved by the parties. The parties agree the total future costs (from May 31, 2001) to develop the Marina Property project (as further described below and in Exhibits A and B) shall not exceed $7,500,000 ($7,500,000 represents District contribution of $4,453,006 plus CDC contribution of $3,046,994). The CDC's minimum loan repayment of $3,046,994 shall be adjusted by the Building Construction Index. The BC' indexing will cease upon awarding of the construction contract for the marina basin. B. District Obligations. District shall assist in the development of the Marina Property project by causing the marina, as described on Exhibit A, to be dredged and improved in accordance with the project plans, specifications, and regulatory permit requirements. Exhibit A is attached hereto and incorporated herein by this reference. Provided, however, the District's contribution shall not exceed the amounts set forth in Exhibit B, attached hereto and incorporated herein by this reference. Upon satisfaction of the Conditions Precedent set forth in Paragraph D, below, (1) the District will immediately commence design revisions and complete in a timely manner, construction of the marina basin; and, (2) if required, the District will award the construction contract, provided there are no bid irregularities or protests, within 15 working days of the bid opening. C. CDC Obligations. The District and CDC entered into a promissory note dated July 26, 1999. Upon verification by lender of an event of sale by CDC of a property covered by the promissory note, whether such sale is to the District or a third party, for redevelopment purposes, during the loan term, the net proceeds received by CDC (including the present value of any seller financed notes), or $3,046,994 whichever is greater, will be delivered to the District to be applied to the outstanding loan balance and credited to the CIP funds available for National City Marina Development or other National City District CIP Projects. The CDC, without necessity of the District's prior request, will provide copies of fully executed escrow instructions and closing statements within ten (10) business days of close of escrow for the subject properties covered by the promissory note. Any breach of the provisions of this paragraph shall void this amendment. 2 D. Conditions Precedent. The following Conditions Precedent must be completed to the satisfaction of the District, in its sole discretion, prior to the commencement of District Obligations: 1. Approvals. a. All requirements for the development of the Marina Property project, including without limitation the California Environmental Quality Act and the California Coastal Commission Act, shall have been met; all necessary permits shall have been issued; and all legal challenge periods shall have run. 2. CDC shall pay off in full all sums, including principal and interest and any Additional Advances or Authorized Loan Expenditures as defined in the Master Loan Agreement, dated July 23, 1999, filed in the office of the District Clerk as Document No. 39455, now due and owing pursuant to the Promissory Note, dated July 26, 1999, filed in the office of the District Clerk as Document No. 39462. CDC shall deposit with the District the sum of $3,046,994 within five (5) business days of receipt of notification of the District's advertising for competitive bids to dredge the marina basin. The parties agree the identified source(s) of repayment of the loan is reimbursement from escrow of all funds forwarded by District for the acquisition of the 24th Street properties. The minimum reimbursement, as of the date of this Amendment, shall be $3,046,994 (reflects a $381,800 credit from the Promissory Note balance of $3,428,794). The repayment from the sale proceeds of the subject properties identified in the Master Loan Agreement, shall be through escrow; as confirmed by District review and approval of the escrow and any subsequent amendments. Upon deposit of said funds into escrow and payment thereof to the District, the obligations of both parties under the Master Loan Agreement and Promissory Note identified above shall be deemed fulfilled and said Master Loan Agreement and Promissory Note shall be deemed terminated. E. Joint Effort. The District and CDC will work together with Caltrans to coordinate and evaluate alternatives to traffic from Bay Marina Drive. Any costs associated with the traffic feasibility study shall be at the sole cost and expense of the CDC. The District shall not be responsible for any implementation or infrastructure costs including but not limited to street improvements and signage which are required as a result of redirecting truck traffic from Bay Marina Drive. The City of National City will assume full responsibility for any future enforcement of redirecting truck traffic from Bay Marina Drive. The CDC shall not use any MOU District funds to fund feasibility studies. Furthermore, no other new District funds shall be used for improvements for redirection of truck traffic from Bay Marina Drive. 3 F. All other terms, obligations, and understandings of the parties as set forth in the 2000 Amended MOU shall remain in full force and effect and shall be applicable to this Amendment. This Amendment No. 1 to the Amended and Restated Memorandum Of Understanding shall terminate on November 30, 2003, unless it is extended by mutual agreement prior to August 31, 2003. Dated: -TA 7 31r206► Approved as to form: PORT ATTORNE DEPUTY PORT ATTORN Y Dated: Approved as to form: CITY ATTORNEY SAN DIEGO UNIFIED PORT DISTRICT B Senior Director, Administrative Services/District Clerk COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: , i /.L It/off F:\Project\National City Comm Devel Commission IMOUI\Documents\MOUAmendment 7.9.01.doc 4 EXHIBIT A Description of Marina Property project. Project Description: 1) excavate approximately 638,000 cubic yards (cy) of fill and bay bottom sediment to create a marina basin and entrance; 2) transport and dispose of the excavated material (minus a 1-ft buffer layer) at the LA-5 ocean disposal site; 3) construct marina basin and entrance slope protection and floating debris barrier; and 4) construct a floating barrier across the Sweetwater River Channel upstream of the marina entrance. i EXHIBIT B 1. The cost of the Marina Property project shall not exceed $7,500,000 unless mutually agreed by the parties. 2. The District's contribution shall be as follows: a. Balance as of April 30, 2001 remaining under September 12, 1996 Memorandum of Understanding between District and City of National ("City"), District Document No. 33004, and the construction cost index escalators set forth therein. The amounts currently are: N.C. Marina BCI for marina Harrison Avenue Extension/24th Street BCI for Harrison Avenue/24th Street Civic Center Signal BCI for Civil Center Signal $ 2,386,303.10 533,786.72 959,882.00 6,607.60 150,000 29,795 Total 4,066,374.42 Less Reserve (24th Street) 400,000.00 Balance available for Marina $3,666,374.42 b. Amounts repaid by CDC pursuant to paragraph D. 2. * Reflects pending payments of $23,858.00 to CDC ii SAN DIEGO UNIFIED PORT DISTRICT ORDINANCE 2134 AN ORDINANCE AUTHORIZING AMENDMENT NO. 1 TO AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, pursuant to Ordinance 1897, adopted 17 June 1997, the Executive Director or his authorized representative was authorized and directed to execute, on behalf of the District, a Memorandum of Understanding (MOU) with the Community Development Commission of the City of National City (CDC) relative to the Extension of Harrison Avenue and Other Possible Development and Related Public Improvements in the Vicinity of 24th Street and Harrison Avenue in the City of National City, said MOU is on file in the office of the District Clerk as Document No. 36077; and WHEREAS, pursuant to Ordinance 2032, adopted 12 January 1999, said MOU was amended in accordance with Amendment No. 1, on file in the office of the District Clerk as Document No. 38473; and WHEREAS, pursuant to Ordinance 2054, adopted 22 June 1999, the Executive Director or his authorized representative was authorized and directed to execute a letter extending the term of said MOU, as amended, from June 30, 1999, to June 30, 2000, said letter is on file in the office of the District Clerk as Document No. 39281; and WHEREAS, pursuant to Ordinance 2077, adopted 30 November 1999, said MOU was amended in accordance with the Amended and Restated Memorandum of Understanding, on file in the office of the District Clerk as Document No. 39834; and WHEREAS, on December 22, 1999, the District acquired the National Distribution Center property and is now in the process of amending its Master Plan to incorporate said National Distribution Center property; and 2134 WHEREAS, the District and CDC desire to further modify, clarify and coordinate activities and work in concert regarding the Marina Property project and the National Distribution Center property as described in said Amended and Restated MOU; and WHEREAS, the District and CDC desire to enter into Amendment No. 1 to Amended and Restated Memorandum of Understanding, NOW, THEREFORE, The Board of Port Commissioners of the San Diego Unified Port District does ordain as follows: Section 1. That the Executive Director or his authorized representative is hereby authorized and directed to execute, on behalf of the District, an Amendment No. 1 to Amended and Restated Memorandum of Understanding with the Community Development Commission of the City of National City relative to the Extension of Harrison Avenue, the National City Marina, and Other Possible Development and Related Public Improvements and Capital Development Programs in the Vicinity of 24th Street and Harrison Avenue in the City of National City. Section 2. The Amended and Restated MOU shall terminate on November 30, 2003, unless it is extended by mutual agreement prior to August 1, 2003, in accordance with the terms, covenants and conditions contained in said Amendment No. 1 to Amended and Restated MOU, to be placed on file in the office of the District Clerk as Document No. 42362 Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners. sw 6/19/01 San Diego Unified Port District Document No. Filed AUG Zf-i 200162 Office of the District Clerk AMENDMENT NO. 1 TO AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT RELATIVE TO THE EXTENSION OF HARRISON AVENUE, THE NATIONAL CITY MARINA, OTHER POSSIBLE DEVELOPMENT AND RELATED PUBLIC IMPROVEMENTS AND CAPITAL DEVELOPMENT PROGRAMS IN THE VICINITY OF 24T" STREET AND HARRISON AVENUE, NATIONAL CITY RECITALS WHEREAS, the Community Development Commission of the City of National City ("CDC") and the San Diego Unified Port District ("District") entered into a Memorandum of Understanding dated June 10, 1997 ("1997 MOU") and recorded in the office of the District Clerk as Document No. 36077; and WHEREAS, CDC and District determined to expedite the projects described in the 1997 MOU to give more control to CDC to manage these projects and to that end, CDC and District modified the 1997 MOU and entered into an Amended and Restated Memorandum of Understanding ("2000 Amended MOU"), recorded on January 18, 2000, in the office of the District Clerk as Document No. 39834; and WHEREAS, on December 22, 1999, the District acquired the National Distribution Center property ("NDC"), and is now in the process of amending its Port Master Plan to incorporate NDC into the Port Master Plan; and WHEREAS, CDC and District have decided to further modify, clarify, and coordinate activities and work in concert regarding the "Marina Property" project and the NDC as described in the 2000 Amended MOU; and 1 DUPLICATE - ORIGINAL WHEREAS, the purpose of this Amendment No. 1 to Amended and Restated Memorandum of Understanding ("Amendment") is to further define the roles and obligations of CDC and the District relative to the Marina Property project. NOW THEREFORE, in consideration of the mutual benefit to be derived therefrom, CDC and District hereby agree as follows: A. Marina Property project. The total cost of the marina basin shall not exceed $7,500,000 unless mutually approved by the parties. The parties agree the total future costs (from May 31, 2001) to develop the Marina Property project (as further described below and in Exhibits A and B) shall not exceed $7,500,000 ($7,500,000 represents District contribution of $4,453,006 plus CDC contribution of $3,046,994). The CDC's minimum loan repayment of $3,046,994 shall be adjusted by the Building Construction Index. The BC' indexing will cease upon awarding of the construction contract for the marina basin. B. District Obligations. District shall assist in the development of the Marina Property project by causing the marina, as described on Exhibit A, to be dredged and improved in accordance with the project plans, specifications, and regulatory permit requirements. Exhibit A is attached hereto and incorporated herein by this reference. Provided, however, the District's contribution shall not exceed the amounts set forth in Exhibit B, attached hereto and incorporated herein by this reference. Upon satisfaction of the Conditions Precedent set forth in Paragraph D, below, (1) the District will immediately commence design revisions and complete in a timely manner, construction of the marina basin; and, (2) if required, the District will award the construction contract, provided there are no bid irregularities or protests, within 15 working days of the bid opening. C. CDC Obligations. The District and CDC entered into a promissory note dated July 26, 1999. Upon verification by lender of an event of sale by CDC of a property covered by the promissory note, whether such sale is to the District or a third party, for redevelopment purposes, during the loan term, the net proceeds received by CDC (including the present value of any seller financed notes), or $3,046,994 whichever is greater, will be delivered to the District to be applied to the outstanding loan balance and credited to the CIP funds available for National City Marina Development or other National City District CIP Projects. The CDC, without necessity of the District's prior request, will provide copies of fully executed escrow instructions and closing statements within ten (10) business days of close of escrow for the subject properties covered by the promissory note. Any breach of the provisions of this paragraph shall void this amendment. 2 D. Conditions Precedent. The following Conditions Precedent must be completed to the satisfaction of the District, in its sole discretion, prior to the commencement of District Obligations: 1. Approvals. a. All requirements for the development of the Marina Property project, including without limitation the California Environmental Quality Act and the California Coastal Commission Act, shall have been met; all necessary permits shall have been issued; and all legal challenge periods shall have run. 2. CDC shall pay off in full all sums, including principal and interest and any Additional Advances or Authorized Loan Expenditures as defined in the Master Loan Agreement, dated July 23, 1999, filed in the office of the District Clerk as Document No. 39455, now due and owing pursuant to the Promissory Note, dated July 26, 1999, filed in the office of the District Clerk as Document No. 39462. CDC shall deposit with the District the sum of $3,046,994 within five (5) business days of receipt of notification of the District's advertising for competitive bids to dredge the marina basin. The parties agree the identified source(s) of repayment of the loan is reimbursement from escrow of all funds forwarded by District for the acquisition of the 24th Street properties. The minimum reimbursement, as of the date of this Amendment, shall be $3,046,994 (reflects a $381 ,800 credit from the Promissory Note balance of $3,428,794). The repayment from the sale proceeds of the subject properties identified in the Master Loan Agreement, shall be through escrow; as confirmed by District review and approval of the escrow and any subsequent amendments. Upon deposit of said funds into escrow and payment thereof to the District, the obligations of both parties under the Master Loan Agreement and Promissory Note identified above shall be deemed fulfilled and said Master Loan Agreement and Promissory Note shall be deemed terminated. E. Joint Effort. The District and CDC will work together with Caltrans to coordinate and evaluate alternatives to traffic from Bay Marina Drive. Any costs associated with the traffic feasibility study shall be at the sole cost and expense of the CDC. The District shall not be responsible for any implementation or infrastructure costs including but not limited to street improvements and signage which are required as a result of redirecting truck traffic from Bay Marina Drive. The City of National City will assume full responsibility for any future enforcement of redirecting truck traffic from Bay Marina Drive. The CDC shall not use any MOU District funds to fund feasibility studies. Furthermore, no other new District funds shall be used for improvements for redirection of truck traffic from Bay Marina Drive. 3 F. All other terms, obligations, and understandings of the parties as set forth in the 2000 Amended MOU shall remain in full force and effect and shall be applicable to this Amendment. This Amendment No. 1 to the Amended and Restated Memorandum Of Understanding shall terminate on November 30, 2003, unless it is extended by mutual agreement prior to August 31, 2003. Dated: TO 3t,2t0► Approved as to form: PORT AT ORNM' DEPUTY PORT ATTORNEY Dated: Approved as to form: CITY ATTORNEY 1.14: mw. SAN DIEGO UNIFIED PORT DISTRICT Senior Director, Administrative Services/District Clerk COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY F.1Proioct,Natio'ral C ty Comm Dove! Commssinn I M0'J1,0onments4MOUAmencment 7.9.01.dac EXHIBIT A Description of Marina Property project. Project Description: 1) excavate approximately 638,000 cubic yards (cy) of fill and bay bottom sediment to create a marina basin and entrance; 2) transport and dispose of the excavated material (minus a 1-ft buffer layer) at the LA-5 ocean disposal site; 3) construct marina basin and entrance slope protection and floating debris barrier; and 4) construct a floating barrier across the Sweetwater River Channel upstream of the marina entrance. i EXHIBIT B 1. The cost of the Marina Property project shall not exceed $7,500,000 unless mutually agreed by the parties. 2. The District's contribution shall be as follows: a. Balance as of April 30, 2001 remaining under September 12, 1996 Memorandum of Understanding between District and City of National ("City"), District Document No. 33004, and the construction cost index escalators set forth therein. The amounts currently are: N.C. Marina BCI for marina Harrison Avenue Extension/24th Street BCI for Harrison Avenue/24th Street Civic Center Signal BCI for Civil Center Signal $ 2,386,303.10 533,786.72 959,882.00 6,607.60 150,000 29,795 Total 4,066,374.42 Less Reserve (24th Street) 400,000.00 Balance available for Marina $3,666,374.42 b. Amounts repaid by CDC pursuant to paragraph D. 2. * Reflects pending payments of $23,858.00 to CDC ii SAN DIEGO UNIFIED PORT DISTRICT ORDINANCE 2134 AN ORDINANCE AUTHORIZING AMENDMENT NO. 1 TO AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY WHEREAS, pursuant to Ordinance 1897, adopted 17 June 1997, the Executive Director or his authorized representative was authorised and directed to execute, on behalf of the District, a Memorandum of Understanding (MOU) with the Community Development Commission of the City of National City (CDC) relative to the Extension of Harrison Avenue and Other Possible Development and Related Public Improvements in the Vicinity of 24th Street and Harrison Avenue in the City of National City, said MOU is on file in the office of the District Clerk as Document No. 36077; and WHEREAS, pursuant to Ordinance 2C32, adopted 12 January 1999, said MOU was amended in accordance with Amendment No. 1, on file in the office of the District Clerk as Document No. 38473; and WIIEREAS, pursuant to Ordinance 2054, adopted 22 June 1999, the Executive Director or his authorized representative was authorized and directed to execute a letter extending the term of said MOU, as amended, from June 30, 1999, to June 30, 2000, said letter is on file in the office of the District Clerk as Document No. 39281; and \\'IIEREAS, pursuant to Ordinance 2077, adopted 30 November 1999, said MOU was amended in accordance with the Amended and Restated Memorandum of Understanding, on file in the office of the District Clerk as Document No. 39834; and \WHEREAS, on December 22, 1999, the District acquired the National Distribution Center property and is now in the process of amending its Master Plan to incorporate said National Distribution Center property; and 2134 WHEREAS, the District and CDC desire to further modify, clarify and coordinate activities and work in concert regarding the Marina Property project and the National Distribution Center property as described in said Amended and Restated MOU; and WHEREAS, the District and CDC desire to enter into Amendment No. 1 to Amended and Restated Memorandum of Understanding, NOW,'I'IIEREI'ORE, The Board of Port Commissioners of the San Diego Unified fort District does ordain as follows: Section 1. That the Executive Director or his authorized representative is hereby authorized and directed to execute, on behalf of the District, an Amendment No. 1 to Amended and Restated Memorandum of Understanding with the Community Development Commission of the City of National City relative to the Extension of 1 larrison Avenue, the National City Marina, and Other Possible Development and Related Public Improvements and Capital Development Programs in the Vicinity of 24th Street and Harrison Avenue in the City of National City. Section 2. The Amcndcd and Restated MOU shall terminate on November 30, 2003, unless it is extended by mutual agreement prior to August 1, 2003, in accordance with the terms, covenants and conditions contained in said Amendment No. 1 to Amended and Restated MOU, to be placed on file in the office of the District Clerk as Document No. 42362 Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners. sw 6/19/01