HomeMy WebLinkAbout2010 CON CDC Marina Gateway Dev. Co. - May 2010 AmendmentMAY 2010 AMENDMENT
to
EXCLUSIVE NEGOTIATING AGREEMENT
between
COMMUNITY DEVELOPMENT COMMISSION
of
THE CITY OF NATIONAL CITY
and
MARINA GATEWAY DEVELOPMENT COMPANY, LLC
WHEREAS, on May 18, 2004, the COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic
("CDC"), and MARINA GATEWAY DEVELOPMENT COMPANY, LLC, a California
limited liability company ("Developer"), entered into an EXCLUSIVE NEGOTIATION
AGREEMENT ("Agreement') for Developer to explore the feasibility of redeveloping the
property located at 720 West 23rd Street, (commonly known as the Ace Metals Site — APN #559-
118-02) of the City of National City Harbor Redevelopment Plan (the "Site").
WHEREAS, on June 19, 2007 the CDC entered a new Agreement with Developer to
develop at least two restaurants on two blocks identified as 720 West 23rd St (as shown above),
the vacant parcel immediately west of this site contiguous to the Caltrans right of way for
Interstate 5, and the block at 835 West 24th Street (APNs 559-117-04, 05, 06, 07, 12); and
WHEREAS, on February 19, 2008 the CDC and Developer entered a Memorandum of
Understanding to jointly retain a marketing company to assist with tenant recruitment for the
sites; and
WHEREAS, on June 16, 2009 the CDC and Developer amended the ENA to allow for
more time due to a national economic downturn which hindered tenant recruitment; and
WHEREAS, while the economic downturn continues, the CDC and Developer in 2010
are considering long term redevelopment opportunities for the Harbor District Redevelopment
Project Area including the sites subject to this ENA; and
WHEREAS, the CDC and Developer both desire to provide an additional year in which
to allow for economic recovery and identify end users for the ENA sites;
NOW, THEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT
AS FOLLOWS:
1. The CDC and Developer agree to extend the time of the First Negotiation
Period for a period of one year, expiring on June 30, 2011;
2. The Developer will provide written reports to the CDC staff every 30 days
to report on progress and/or problems with the proposed redevelopment;
and
3. Except as expressly amended herein or by prior Amendments, each and
every term of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have entered into this Amendment as of May 18, 2010.
Page 1 of 2
May 2010 Amendment to ENA w MGDC
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY, a public body, corporate
and politic:
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
By:
George H. Eiser, III, City -CDC Attorney
DEVELOPER:
MARINA GATEWAY DEVELOPMENT
COMPANY, LLC, a California limited
liability company
By: MRW Group, Inc, a Nevada corporation,
Manager
By:
Its: GI -it C7PrfIt‘ortw& GI.ht1,,4L
Page 2 of 2
May 2010 Amendment to ENA w MGDC
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY, a public body, corporate
and politic:
By:
Ron Morrison, Chairman
APPROVED AS TO FORM:
By:
George H. Eiser, III, City Attorney
DEVELOPER:
MARINA GATEWAY DEVELOPMENT
COMPANY, LLC, a California limited
liability company
By: MRW Group, Inc, a Nevada corporation,
Managing Member
By:
Its:
Page 2 of 2
May 2010 Amendment to ENA w MGDC
RESOLUTION NO. 2010 — 104
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE
THE MAY 2010 AMENDMENT TO
THE EXCLUSIVE NEGOTIATION AGREEMENT
BETWEEN THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AND MARINA GATEWAY DEVELOPMENT COMPANY
FOR THE MARINA GATEWAY SITES NORTH
OF BAY MARINA DRIVE
WHEREAS, on May 18, 2004, the Community Development Commission of the
City of National City ("CDC") and Marina Gateway Development Company, LLC, ("Marina
Gateway") entered into an Exclusive Negotiation Agreement ("ENA') for Marina Gateway to
explore the feasibility of redeveloping the property located at 720 West 23rd Street, (commonly
known as the Ace Metals Site — APN 559-118-02) of the City of National City Harbor
Redevelopment Plan (the "Site"); and
WHEREAS, on June 19, 2007, the CDC entered into a new Agreement with
Marina Gateway to develop at least two restaurants on two blocks identified as 720 West 23rd
Street, a vacant parcel immediately west of this site contiguous to the Caltrans right of way for
Interstate 5, and the block at 835 West 24th Street (APNs. 559-117-04, 559-117-05, 559-117-
06, 559-117-07, and 559-117-12); and
WHEREAS, on February 19, 2008, the CDC and Marina Gateway entered into a
Memorandum of Understanding to jointly retain a marketing company to assist with tenant
recruitment for the sites; and
WHEREAS, on June 16, 2009, the CDC and Marina Gateway amended the ENA
to allow for more time due to a national economic downturn that hindered tenant recruitment;
and
WHEREAS, while the economic downturn continues, the CDC and Marina
Gateway are considering long term redevelopment opportunities for the Harbor District
Redevelopment Project Area, including the sites subject to this ENA; and
WHEREAS, the CDC and Marina Gateway desire to extend the term of the June
2009 Amendment to the ENA for one (1) additional year in which to allow for economic recovery
and identify end users for the ENA sites, with Marina Gateway providing written reports to the
CDC staff every 30 days to report on progress and/or problems with the proposed
redevelopment.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute the May
2010 Amendment to the Exclusive Negotiation Agreement with the
Resolution No. 2010 — 104
Page 2
Marina Gateway Development Company for the Marina Gateway sites north of Bay Marina
Drive identified as APNs. 559-118-002, 559-117-004, 559-117-005, 559-117-006, 559-117-007,
and 559-117-12, and the adjacent vacant parcel immediately adjacent to the Caltrans right-of-
way for Interstate 5. Said Amendment to Exclusive Negotiation Agreement is on file in the office
of the City Clerk.
PASSED and ADOPTED this 18th day of May, 2010.
on Morrison, Chairman
ATTES
Bran, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Community Development Commission of the City of
National City, California, on May 18, 2010, by the following vote, to -wit:
Ayes: Commissioners Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, Community Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-104 of the Community Development Commission of the City
of National City, California, passed and adopted on May 18, 2010.
Secretary, Community Development Commission
By:
Deputy
C,a010-NO4
MEETING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
May 18, 2010
AGENDA ITEM NO. 29
ITEM TITLE:
A resolution approving the May, 2010 Amendment to an Exclusive Negotiation Agreement ("ENA")
with Marina Gateway Development Company for the Marina Gateway sites north of Bay Marina Drive
identified at APN #s 559-118-002, 117-04, 05, 06, 07, 12 and the adjacent vacant parcel immediately
adjacent to the Caltrans right of way for Interstate 5. (Redevelopment Division)
PREPARED BY: Patricia Beard it/
PHONE: Ext 4255
EXPLANATION:
DEPARTMENT: R
APPROVED BY:
2
nt Division
Since 2004, the Marina Gateway Development Company ("MGDC") and CDC have been committed to
expanding the Marina Gateway revitalization catalyzed by the 2008 Pier 32 Marina opening and 2009
opening of the Marina Gateway Hotel and Plaza project. For these sites north of Bay Marina Drive,
MGDC has conducted planning studies, marketing efforts in cooperation with CDC and CDC is
completing necessary environmental site remediation to allow redevelopment to occur. The economic
downturn of 2008-2010 has slowed the pace of development and no project has come forward in the
past year. In view of MGDC's completion of the hotel and plaza project and its commitment to the
overall Marina Gateway revitalization, staff desires to extend this ENA for an additional year.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
A developer deposit of $25,000 is on deposit for the ENA.
Finance
MIS
ENVIRONMENTAL REVIEW:
Should a project be found to be potentially feasible during the ENA period, review under the California
Environmental Quality Act will be required prior to a development agreement being presented to the City
Council/Community Development Commission.
ORDINANCE: INTRODUCTION: n FINAL ADOPTION:n
STAFF RECOMMENDATION:
Adopt the resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
roposed ENA
Map
Q.R.SOV.“ 0O1.1 Vo. a,o\o • V00•1
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, Califomia 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
June 29, 2010
Mr. Ival. Leetma
MRW Group, Inc.
2040 Harbor Island Drive, Suite 250
San Diego, CA 92101
Dear Mr. Leetma,
On May 18th, 2010, Resolution No. 2010-104 was passed and adopted by the
Community Development Commission of the City of National City, authorizing
execution of the May 2010 Amendment to the Exclusive Negotiation Agreement
with Marina Gateway Development Company.
We are enclosing for your records a certified copy of the above Resolution and a
fully executed original Amendment.
Sincerely,
J
Michael R. Dalia, CMC
City Clerk
Enclosures
cc: Community Development Commission