HomeMy WebLinkAboutMetropolitan Transit System and San Diego and Arizona Eastern Railway Company 2009NOTE TO FILE
IN THE MATTER OF: Ratifying a Second Amendment to the
Memorandum of Understanding between the San Diego
Metropolitan Transit System, the San Diego and Arizona
Eastern Railroad, the City of National City and the
Community Development Commission of National City in
conjunction with the Bay Marina Widening Project.
THE FULLY EXECUTED ORIGINAL AGREEMENT
HAS BEEN FILED WITH RESOLUTION NO. 2009-70
UNDER FILE NO. C2009-29.
Note: Only one fully executed original agreement has
been provided for both Resolution Nos. 2009-70
and 2009-75
NTF
MTS Doc. No. S200-06-291.2
SDAE 700
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN .THE
SAN DIEGO METROPOLITAN TRANSIT SYSTEM, SAN DIEGO AND ARIZONA
EASTERN RAILROAD, CITY OF NATIONAL CITY, AND COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
The Second Amendment to the Memorandum of Understanding (MOU) is made and entered
into by and between the San Diego Metropolitan Transit System (MTS), a California public agency
established under the Public Utilities Code, the San Diego and Arizona Eastern (SD&AE) Railway
Company, a public benefit corporation whose sole member is MTS, the City of National City (City), and
the Community Development Commission of the City of National City (CDC) (collectively the "Parties").
Whereas, the Parties wish to amend the MOU known as MTS Document Number S200-06-291,
including any amendments thereto, to further document the Parties' understanding and responsibilities
with respect to the redevelopment of properties in National City.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Paragraph 9 is modified as follows:
9. HARBOR DRIVE RAILS CROSSING
City shall remove paving to top of rail elevation if requested by SD&AE if and when the
rail lines crossing Harbor Drive are put back into service upon 30 days' written notice.
City shall complete the removal of the paving no later than 90 days following the 30
days' written notice. Failure to remove the paving within this time period will result in the
imposition of liquidated damages in the amount of $50 for every day the project is not
completed within the aforementioned time schedule. The terms of paragraphs 2 and 3
are incorporated herein.
2. Paragraph 11 is to be added as follows:
11. CLEVELAND AVENUE — BAY MARINA DRIVE
City requests and Railroad hereby approves the removal of the crossing
improvements at the intersection of Cleveland Avenue and Bay Marina Drive as
depicted on "Exhibit C".
City expressly acknowledges that Railroad shall have the sole and exclusive
discretion to order the City to rebuild this crossing to current standards such that
any form of railroad or transportation operations could be conducted by Railroad,
MTS or SD&AE. City shall commence work on rebuilding the crossing within 30
days of receiving a written notice from MTS and shall complete the rebuilding within
90 days. The improvements necessary to rebuild the crossing shall include, but are
not limited to rails, ties, track way, crossing panels, railway signaling equipment,
and ancillary improvements. Failure to rebuild the crossing within 90 days will result
in the imposition of liquidated damages at the rate of $50 for each day the
intersection is not rebuilt within the aforementioned time schedule.
All other terms and conditions of the original MOU and any amendments thereto shall remain
the same. IN WITNESS WHEREOF, the parties have caused this Amendment to the Memorandum of
Understanding to be executed by their duly authorized representatives on this VII day of
I'Y a , 2009.
METROPOLITAN TRANSIT SYSTEM
By:
Paul
CITY OF NATIONAL CITY
By:
ki, Chief Executive Officer Ron Morrison, Mayor
Approved as to form:
By: &
Tiffan
ral Counsel
SAN DIEGO AND ARIZONA EASTERN
RAILWAY COMPANY
By:
Pa I C. Jabl. ski, President
Approved as to form:
By:
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY, a public body,
corporate and politic:
By:
Ron Morrison, Chairman
Approved as to form:
Georg'e H. Eiser, III, Legal Counsel
cdcnc— logo.gif
L
EXHIBIT A
REDEVELOPMENT AREA
S200-06-291
EXHIBIT B
MOU AREA
c....garl;.r c.,.ty.
S200-06-291
0
RICK
RAIL
CUTS
EMOVE EXISTING
RAIL LINES
RAIL
CUTS
EXISTING
JOINT
REMOVE EXISTING
RAIL LINE
EXISTING RAILROAD
SIGNAL AND ELECTRICAL
CONTROL CABINET
TO BE REMOVED
REMOVE EXISTING RAIL
LINES FROM RAIL SWITCH
AND APPURTENANCES
SOUTH OF BAY MARINA
DRIVE TO THE TERMINUS
OF THE TRACKS
APPROXIMATELY 400
FEET NORTH OF 23RD STREE
EXISTING
JOINT
0
0
OF'
9
k\6
EXISTING : ' •AD
SIGNA ' BE REMOVED
PROPOSED CURB,
GUTTER, & SIDEWALK
5620 FRIARS ROAD
SAN DIEGO, CA 92110
619.291.0707
ENGINEERING COMPANY (FAX)619.291.4165
-�/
REMOVE EXISTING
RAIL LINE
RAIL
CUT
REM VE .. EXISTING
RA LINES
S
• YS
RAIL
CUT
EXISTING
MTS R/W
EXHIBIT "C"
kin
SCALE: 1" = 50'
RESOLUTION NO. 2009 — 75
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
RATIFYING A SECOND AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN DIEGO METROPOLITAN
TRANSIT SYSTEM, THE SAN DIEGO AND
ARIZONA EASTERN RAILROAD, THE CITY
OF NATIONAL CITY, AND THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY
OF NATIONAL CITY IN CONJUNCTION WITH
THE BAY MARINA WIDENING PROJECT
WHEREAS, as part of the Bay Marina Drive Widening Project, railroad
improvements owned by the San Diego & Arizona Eastern Railroad (SD & AE) were required to
be removed; and
WHEREAS, in order to remove these improvements, the City and the Community
Development Commission (CDC) were required to enter into a Second Amendment to a
Memorandum of Understanding (MOU) previously entered into between the City, the CDC, SD
& AE, and the Metropolitan Transit System (MTS), which owns SD & AE; and
WHEREAS, due to the urgency in completing the removal of improvements, the
Second Amendment to the MOU was executed by the Mayor on March 12, 2009; and
WHEREAS, the Second Amendment to the MOU has been approved by MTS
and SD & AE; and
WHEREAS, it is appropriate that the CDC and the City Council ratify the Second
Amendment to MOU.
NOW, THEREFORE, BE IT RESOLVED, that the Board of the CDC hereby
ratifies the Second Amendment to the MOU between the City, the CDC, MTS, and SD & AE
which was executed by the Chairman on March 12, 2009.
PASSED and ADOPTED this 7th day of April, 200
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H'Eiser, Ill
City Attorney
Passed and adopted by the Community Development Commission of the City of
National City, California, on April 7, 2009, by the following vote, to -wit:
Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, Comm OM Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-75 of the Community Development Commission of the City of
National City, California, passed and adopted on April 7, 2009.
Secretary, Community Development Commission
By:
Deputy
City of National City, California
Community Development Commission
COUNCIL AGENDA STATEMENT
"'MEETING DATE April 7, 2009
AGENDA ITEM NO.
27
(ITEM TITLE Resolution of the Community Development Commission of the City of National City (CDC)
ratifying a Second Amendment to the Memorandum of Understanding (MOU) with Metropolitan Transit
System (MTS), San Diego and Arizona Eastern Railroad, City of National City and the Community
Development Commission of the City of National City in conjunction with the Bay Marina Drive Widening.
PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583
EXPLANATION
As part of the Bay Marina Drive Widening Project, railroad improvements must be removed to provide the
most cost effective way of widening the street. The MOU amendment provides authority to the City to
remove necessary railroad improvements in the area as outlined in Exhibit C of the attached MOU.
Due to the urgency in completing the work, the Agreement has already been signed and should now be
ratified by the Board.
At this time there is no cost associated with this MOU.
Environmental Review X N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resoluti
BOARD / COMMISS N RECOMMENDATION
N/A
ATTACHMENTS (Listed Below)
1. Resolution
2. MOU
Resolution No.
A-200 (Rev. 7/03)
OFFICE OF THE CITY CLERK
Metropolitan Transit (MTS) / San Diego & Arizona
Eastern Railroad
Resolution No. 2009-75
Amendment #2 to MOU
Bay Marina Drive Widening
Barby Tipton (Engineering) Forwarded
Copy of Agreement to Parties
1243 National City Blvd., National City, CA 91950
619-336-4228 phone • 619-336-4229 fax