HomeMy WebLinkAbout2007 CON CDC Marina Gateway / Sycuan - 8th Amendment DDA Section 22 RevisionNOTE TO FILE
04-20-10
IN THE MATTER OF: Resolution of the CDC authorizing the
Chairman to execute an Agreement revising Section 22 of
the 8th Amendment to the Disposition and Development
Agreement (DDA) with Marina Gateway Development
Company, LLC. Please note the following:
A FULLY EXECUTED ORIGINAL AGREEMENT WAS NEVER
FILED WITH THE OFFICE OF THE CITY CLERK
ORIGINATING DEPARTMENT: _ CDC Housing & Grants
X City Attorney _ Human Resources
City Manager _ MIS
_ Community Svcs. _ Planning
Engineering _ Police
Finance _ Public Works
Fire
• 11-27-07 - Checked with Pat Beard with CDC
• 11-39-07 - Per Colby Young with CDC, they sent a partially executed original contract to
developer to sign and return
• 12-12-07 - Requested Colby Young with CDC to follow up
NTF
AGREEMENT REVISING SECTION 22
OF THE EIGHTH AMENDMENT TO
DISPOSITION AN DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND
MARINA GATEWAY DEVELOPMENT
COMPANY, LLC.
THIS AGREEMENT REVISING SECTION 22 OF THE EIGHTH AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT ("Agreement") is entered into as of October
2, 2007, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a public body, corporate and politic (the "CDC") and MARINA GATEWAY
DEVELOPMENT COMPANY, LLC, A California limited liability company (the "Developer") (CDC
and Developer are sometimes referred to herein as the "Parties") and amends the Eighth Amendment to
Disposition and Development Agreement dated September 18, 2007, previously entered into by the
Parties.
Recitals
A. On September 18, 2007, the CDC adopted Resolution NO. 2007-225, approving the 8`h
Amendment to Disposition and Development Agreement (the "8`h Amendment") with the Developer
pertaining to the Marina Gateway Project (the "Project").
B. The main purpose of the 8th Amendment was to provide for the conveyance by the CDC
to MGDC of land somewhat less in area than originally contemplated in the DDA, with the CDC
retaining a portion of land over which it would grant an easement to the Developer.
C. Section 22 of the 8th Amendment amended Section 403 of the DDA pertaining to the
Developer's maintenance and regulatory compliance responsibilities.
D. The CDC and the Developer now desire to revise Section 22 of the 8th Amendment to
clarify the Developer's responsibilities under Section 403 of the DDA.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Parties herby agree to amend Section 22 of the Eighth Amendment
to the Disposition and Development Agreement as follows:
22. Section 403 of the DDA is deleted and replaced with:
Maintenance and Regulatory Compliance Covenants. The
Developer shall maintain the Redevelopment Site and all improvements
thereon, including all landscaping and erosion control, in a commercially
reasonable manner. The Developer agrees that it shall assume all
obligations detailed in the Post Closure Monitoring and Maintenance
Plan (PCMMP) developed for this Redevelopment Site, except for such
activities as are required to obtain final satisfaction of the requirements
AGREEMENT RE: 8TH AMFNDMFNT
PAGE 1 OF 2
of the Certificate of Completion, regardless of whether the underlying
ownership of the property vests in the CDC, or a successor to its
interests, or the Developer, but excluding all federal owned and operated
lands.
With the foregoing exception, each and every provision of the Eight Amendment to the Disposition
and Development Agreement dated September 18, 2007, shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the
date first set forth above.
ATTESTED:
CDC:
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY, a public body,
corporate and politic
BradRaulston, Secretary By:
George H. Beer, III
City Attorney
Ron Morrison, Chairman
By: MRW Group, Inc., a Nevada
corporation, Manager
By:
Its:
STDC:
SYCUAN TRIBAL DEVELOPMENT
CORPORATION, A tribally chartered
corporation
By:
Its:
AGREEMENT RE: 8" AMENDMENT
PAGE 2 OF 2
RESOLUTION NO. 2007 — 242
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE
AN AGREEMENT REVISING SECTION 22 OF
THE 8T" AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT WITH
MARINA GATEWAY DEVELOPMENT COMPANY, LLC
WHEREAS, on September 18, 2007, the Community Development Commission
of the City of National City ("CDC") adopted Resolution No. 2007-225, approving the 8th
Amendment to Disposition and Development Agreement (the "8th Amendment") with Marina
Gateway Development Company, LLC ("MGDC"), pertaining to the Marina Gateway Project (the
"Project"); and
WHEREAS, the main purpose of the 8th Amendment was to provide for the
conveyance by the CDC to MGDC of land somewhat less in area than originally contemplated in
the DDA, with the CDC retaining a portion of land over which it would grant an easement to
MGDC; and
WHEREAS, Section 22 of the 8th Amendment amended Section 403 of the DDA
pertaining to MGDC's maintenance and regulatory compliance responsibilities; and
WHEREAS, the CDC and MGDC now desire to revise Section 22 of the 8th
Amendment to further clarify MGDC's responsibilities under Section 403 of the DDA.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
Agreement Revising Section 22 of the 8th Amendment to the Disposition and Development
Agreement with Marina Gateway Development Company, LLC. Said Agreement is on file in the
office of the City Clerk.
PASSED and ADOPTED this 16th day of October,107.
'Ron Morrison, Chairman
ATTEST:
Brad R"aulston, Secretary
APPROVED AS TO FORM:
George I-f. Eiser, III
Legal Counsel
Passed and adopted by the Community Development Commission of the City of National
City, California, on October 16, 2007, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secreta
y Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-242 of the Community Development Commission of the City of
National City, California, passed and adopted on October 16, 2007.
Secretary, Community Development Commission
By:
Deputy
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE October 16, 2007 AGENDA ITEM NO.
20
ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A REVISION TO SECTION 21 OF THE
EIGHTH AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH MARINA
GATEWAY DEVELOPMENT COMPANY, LLC,
PREPARED BY
EXPLANATION
George H. Eiser, III PU DEPARTMENT City Attorney
(Ext. 4221)
Please see attached memorandum.
Environmental Review 'I N/A
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
• Proposed Resolution
• Revised Agreement
A-200 (9/99)