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Home My WebLink About2010 CON CDC Southwestern Community College - Amendment #3 DDANOTE TO FILE 07-20-10 IN THE MATTER OF: Resolution of the CDC approving a Third Amendment to the Disposition and Development Agreement (DDA) by and between the CDC and Southwestern Community College District to revise the schedule of performance and require Southwestern Community College District to invest in a facade improvement to the parking structure on 8th Street and Roosevelt Avenue for an amount not to exceed $50,000. Please note the following: FULLY EXECUTED ORIGINAL COPIES OF THE FOLLOWING WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK: • Original DDA dated 05-21-02 approved under CDC Resolution No. 2002-15 • Amendment #1 dated 11-14-02 approved under CDC Resolution No. 2002-61 • Amendment #2 dated 09-11-03 approved under CDC Resolution No. 2003-63 ORIGINATING DEPARTMENT: X CDC _ Housing & Grants City Attorney _ Human Resources City Manager _ MIS _ Community Svcs. _ Planning _ Engineering _ Police Finance Public Works Fire NTF THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT This THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the "Amendment") is made and entered into effective as of the 13th day of May, 2010, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (the "CDC"), and SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, a Community College District established pursuant to California law ("Developer"). RECITALS A. In furtherance of the objectives of the California Community Redevelopment Law, the CDC desires to redevelop an approximately 152,460 square foot portion of the National City Redevelopment Project which is bounded by 8th Street to the North, National City Boulevard to the East, Roosevelt to the West and Plaza Boulevard to the South located in the City of National City, County of San Diego, State of California (the "Site"). B. The CDC and Developer have previously entered into that certain Disposition and Development Agreement which was executed by the parties effective as of July 9, 2002 (the "Original Agreement") as amended by that certain Construction License, Indemnity Agreement and Amendment to the Disposition and Development Agreement dated October 15, 2002 (the "First Amendment") and Amendment to Disposition and Development Agreement dated September 11, 2003 (the "Second Amendment") (The Original Agreement, First amendment and Second Amendment are jointly referred to herein as the "DDA"). C. The Developer and CDC now desire to (i) revise the Schedule of Performance attached to the DDA, and (ii) require Developer to invest no more than $50,000 to improve the facade of the parking structure on the Site. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Defined Terms. All capitalized terms used in the Amendment shall have the same meanings as defined in the DDA unless otherwise defined herein. 2. Schedule of Performance. The Schedule of Performance attached to the Second Amendment as Exhibit "C" is hereby deleted and of no force or effect ab initio, and the Schedule of Performance attached the this Amendment as Exhibit "A" is hereby substituted in lieu thereof. 3. Facade Improvement. The Facade Improvement shall consist of an art piece on the West face of parking structure on the Site. Conceptual design of piece shall be provided to Developer by CDC. Facade Improvement requires CDC and Developer approval of final design plans. Developer shall retain complete ownership of Facade Improvement upon completion and maintain for 10 years. 4. Full Force and Effect of DDA. Except as amended hereby, the DDA shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date set forth above. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY. A public body corporate and politic. Dated: July 20 , 2010 By: ATTEST: By: ve Director, CDC APPROVED AS TO FORM: Acting City Attorney Ron Morrison, Chairman DEVELOPER: SOUTHWESTERN COMMUNITY COLLEGE DISTRICT. A Community College District Dated: 4/oz3 , 2010 By: l: Raj K. Chopra, Ph.D. Sup erintendent/President 2 Approved rMMebrthe officeddie PWdheeio&CnMrtmis &Cowl Service Affievd Deft 4-1,i1�? EXHIBIT A SCHEDULE OF PERFORMANCE Item SWC Submission of Mass Grading Plan DDA Approved by Council/Commission DDA Approved by SWC CDC Delivery of ALTA Survey Completion of Design Development Documents Construction Documents Completed *CDC Acquisition of title to Site and completion of CDC Improvements City Processing and granting of all required Approval, studies, EIR and parcel maps SWC Land Acquisition DSA Plan Check Bid Construction Documents Construction Contract Approval by SWC CDC Delivery of $2,500,000 to Account Start of Construction Phase 1 CDC Completion of Infrastructure Improvements Estimated Date of Phase 1 Completion *** Begin Phase II Preliminary Planning/City of National City and Southwestern Community College District Submit Basic Concept Drawings for Phase IIIIIV Complete Construction Documents and submit to DSA for Approval **Begin Phase III/IV Construction Projected End Date Received May 21, 2002 June 12, 2002 June 15, 2002 July 1, 2002 September 15, 2002 December 31, 2002 January 1, 2003 January 1, 2003 March 1, 2003 March 15, 2003 May 15, 2003 Prior to Start of Construction Phase 1 June 1, 2003 Prior to Phase 1 Completion September 1, 2004 June 1, 2005 March, 2012 July, 2013 July, 2014 September, 2015 Updated November, 2009 RESOLUTION NO. 2010 - 169 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CDC AND SOUTHWESTERN COMMUNITY COLLEGE DISTRICT TO REVISE THE SCHEDULE OF PERFORMANCE AND REQUIRE SOUTHWESTERN COMMUNITY COLLEGE DISTRICT TO INVEST IN A FACADE IMPROVEMENT TO THE PARKING STRUCTURE ON 8TH STREET AND ROOSEVELT AVE. FOR AN AMOUNT NOT TO EXCEED $50,000 ("EDUCATION VILLAGE") WHEREAS, the Community Development Commission of the City of National City (CDC) and the Southwestern Community College District (SCCD) executed a Disposition and Development Agreement (DDA) on May 21, 2002, for the development of the Education Village redevelopment project in Downtown National City; and WHEREAS, on November 14, 2002, the CDC and SCCD approved a Construction License, an Indemnity Agreement, and an Amendment to the DDA to provide for certain project coordination and construction efficiencies, and to amend the Schedule of Performance; and WHEREAS, on September 11, 2003, the CDC and SCCD approved a Second Amendment to the DDA to provide SCCD the flexibility to better manage project funding sources with no financial adverse effects to the CDC and to, once again, amend the Schedule of Performance to reflect the current status of the project; and WHEREAS, the parties have now determined that a Third Amendment to the DDA is necessary to amend the Schedule of Performance to allow SCCD to budget for the final phase of the project and improve the facade of the parking structure located at 8th Street and Roosevelt Avenue. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Third Amendment to the Disposition and Development Agreement with the Southwestern Community College District for the development of the Education Village redevelopment project. ATTEST: PASSED and ADOPTED this 20th day of July, 2010. on Morrison, Chairman PROVED TO FORM: audia G. City Attorne Passed and adopted by the Community Development Commission of the City of National City, California, on July 20, 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 Setwtacy.Cemmtlfiity Development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-169 of the Community Development Commission of the City of National City, California, passed and adopted on July 20, 2010. Secretary, Community Development Commission By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT EETING DATE: July 20, 2010 AGENDA ITEM NO.27 ITEM TITLE: Resolution of the Community Development Commission of the City of National City (CDC) approving a Third Amendment to the Disposition and Development Agreement by and between the CDC and Southwestern Community College District to revise the Schedule of Performance and require Southwestern Community College District to invest in a facade improvement to the parking structure on 8th St. and Roosevelt Ave. for an amount not to exceed $50.000. PREPARED BY: Colby Young, Project Manager DEPARTMENT: Redevelo•ment PHONE: X4297 APPROVED BY: EXPLANATION: Please see BACKGROUND REPORT FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: 411, 66.01 P03.4541,1 Finance MIS No fiscal impact to National City. Facade improvement value up to $50,000. SWCCD expansion value not yet determined. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: \TTACHMENTS: 1. Background Report 2. Proposed Third Amendment to Disposition and Development Agreement 3. Site Map i so1/4vt\ow1 \Ao. a0“0- 1.61 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax July 22, 2010 Mr. Raj Chopra Southwestern Community College District 900 Otay Lakes Road Chula Vista, CA 91910 Dear Mr. Chopra, On July 20th, 2010, Resolution No. 2010-169 was passed and adopted by the Community Development Commission of the City of National City authorizing execution of a Third Amendment to the Disposition and Development Agreement with Southwestern Community College District. We are forwarding for your records a certified copy of the above Resolution and a fully executed copy of the Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Community Development Commission