HomeMy WebLinkAbout2010 CON CDC San Diego Port District - Lease National City Aquatic & Education Center (3)ABSTRACT OF LEASE
51. ABSTRACT OF LEASE: This is the final Paragraph and Abstract of Lease,
hereinafter "Abstract," dated , between SAN DIEGO UNIFIED
PORT DISTRICT, Lessor, and COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF NATIONAL CITY, a municipal corporation, Lessee, concerning the Leased
Premises described in Exhibits "A" and "B," attached hereto and by this reference made a
part hereof.
For good and adequate consideration, Lessor leases the Leased Premises to Lessee, and
Lessee hires them from Lessor, for the term and on the provisions contained in the Lease
dated , including without limitation provisions prohibiting
assignment, subleasing, and encumbering said leasehold without the express written
consent of Lessor in each instance, all as more specifically set forth in said Lease, which
said Lease is incorporated in this Abstract by this reference.
The term is thirty (30) years, beginning January 1, 2011, and ending December 31, 2040.
This Abstract is not a complete summary of the Lease. Provisions in this Abstract shall not
be used in interpreting the Lease provisions. In the event of conflict between this Abstract
and other parts of the Lease, the other parts shall control. Execution hereof constitutes
execution of the Lease itself.
Dated: , 20_
Port Attorney SAN DIEGO UNIFIED PORT DISTRICT
By By
Karen J. Weymann
Director, Real Estate
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation
By
Name:
Title:
35
(FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT)
(STATE OF CALIFORNIA)
(COUNTY OF SAN DIEGO)
On before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to the person(s)
relying on the document and could prevent fraudulent removal and reattachment of this
form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
❑ Individual
o Corporate Officer -Title(s):
❑ Partner -- n Limited ❑ General
o Attorney in Fact
❑ Trustee
o Guardian or Conservator
o Other:
Signer is Representing:
RIGHT THUMBPRINT
Top of thumb here
Signer's Name
o Individual
o Corporate Officer -Title(s):
❑ Partner -- ❑ Limited ❑ General
❑ Attorney in Fact
o Trustee
o Guardian or Conservator
❑ Other:
Signer is Representing: —
RIGHT THUMBPRINT
Top of thumb here
36
(FOR USE BY GUARANTOR)
(STATE OF CALIFORNIA)
(COUNTY OF SAN DIEGO)
On before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Though the information below is not required by law, it may prove valuable to the person(s)
relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
o Individual
❑ Corporate Officer -Title(s):
❑ Partner -- ❑ Limited ❑ General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other
Signer is Representing:
RIGHT THUMBPRIN
Top of thumb here
Signer's Name
o Individual
o Corporate Officer -Title(s):
o Partner -- ❑ Limited ❑ General
❑ Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer is Representing:
RIGHT THUMBPRINT
Top of thumb here
37
\
PP7L 2L L ANDS
527-001
20' WATER
ESMT.
STI G
SE ER LINE
3DIA. BRASS DISK MON.
STAMPED "SDUPO-020" AS
SHOWN ON R.O.S. 16668.
RAMP
BOAT LAUNCH
FACILITY
560'33' 14"W
22.85'
528-001
EASEMENT LIMIT
LINE OF COUNTY
OF SAN DIEGO
(DOC. NO. 17271
FILED AUG. 30, 1984)
NOTES:
1. LEASE AREA SHOWN SHADED.
2. BEARINGS AND DISTANCES ARE GRID
AND BASED UPON THE CALIFORNIA
COORDINATE SYSTEM ZONE 6, NAD 83,
EPOCH 1991.35.
028-010 `
PIER 32
MARINA GROUP,
LLC.
`PARCEL NO.1
528-003
SOG&E
EASEMENT
583'38'48"W
23.01'
S83'38'48'W
22.89'
028-010
PIER 32
MARINA GROUP,
LLC.
PARCEL NO.2
DETAIL
(SEE SHEET 2 OF 2)
S60'33' 14"W
41.02'
SWEETWATER RIVER
CHANNEL LIMIT
PER CALTRANS
RIGHT OF WAY
MAP NO. 49503
DATED DEC. 1983
P 205.00' TO
OF SWEETWATER 11
DATA TABLE RIVER CHANNEL
GRAPHIC SCALE
10 S70'38.59-E-383.59'(CALC.) 0 10' 20' 40'
20 N33' 22'53 "W-60.00'
® N72'06'01"E-87.30' 1" = 40'
•
DRAWN DARWIN VAOUFZ
CHECKEDAAMWiG
RE1fEWEi`rvlgn r�cuz
MDial(1-7
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND LEASE
WITHIN CORPORATE LIMITS OF NATIONAL CITY
CITY OF NATIONAL CITY
AQUATIC CENTER
DATE SEPT. 12, 2008
SCALE 1'=40'
REF 028-010
DRAWING o.
SHEET 1 OF _2
028-025
DEVSERV\REMI\E28\028-025\028-025-091208dwg.
f7ODL [,4. 7DY
N72'06'01 "E
87.30'
•'EASEMENT LIMIT LINE OF
:COUNTY OF SAN DIEGO:::
(DOC. NO. 17271
:•::•FILED AUG. 30. 1984):-:
GRAPHIC SCALE
0 5' 10' 15'
1" = 15'
028-010
PIER 32
MARINA GROUP, LLC.
PARCEL NO. 1
A=117'19'21"
L=44.23'
R=21.60'
DETAIL
SCALE: 1"=15'
\ 028-010
PARCEL NO. 2
/J
p=29'08. 47 "
L=18.98'
R=37.30'
N87'07'02"W
4.57'
S26'43' 14"E`
4.08'
N72'06'01"E
3.80'
l
DRAWN DARWIN VASOUEZ_
CHECKED iS4,V727N![..
REVIEWED?' 0444 "u4ap#9i
..
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND LEASE
WITHIN CORPORATE UMITS OF NATIONAL CITY
CITY OF NATIONAL CITY
AQUATIC CENTER
DATE SEPT. 12. 2008
SCALE 1"=15'
REF. 028-010
DRAWING NO.
SHEET 2.OF 2
028-025
DEVSERV\REMI\E028\028-025\028-025--091208dwa.
Legal Description for
CITY OF NATIONAL CITY
AQUATIC CENTER
TIDELAND LEASE
Within Corporate Limits of National City
qlI that certain portion of land conveyed to the San Diego Unified Port District by that certain Act
3f Legislature of the State of California pursuant to Chapter 67, Statutes of 1962, First
Extraordinary Session, as amended, and delineated as Parcel 1-A on that certain Miscellaneous
Vlap No. 564, filed in the Office of the San Diego County Recorder on May 28, 1976, File No.
76-164686, in the City of San Diego, County of San Diego, State of California, and more
)articularly described as follows:
commencing at a 3" diameter brass disk monument stamped "SDUPD-020" as shown on
record of Survey Map No. 16668, filed in the office of the San Diego County Recorder on July
?5, 2000; thence along a tie -line South 70°38'59" East a distance of 383.59 feet (calculated) to
:he TRUE POINT OF BEGINNING; thence North 72°06'01" East a distance of 87.30 feet;
hence South 17°53'59" East a distance of 1.30 feet; thence North 72°06'01" East a distance of
13.57 feet; thence South 17°53'59" East a distance of 1.85 feet; thence North 72°06'01" East a
iistance of 10.00 feet; thence North 26°24'43" West a distance of 5.10 feet; thence North
33°14'07" East a distance of 0.85 feet; thence South 87°07'50" East a distance of 2.36 feet to
he beginning of a non -tangent 21.60 foot radius curve, concave southeasterly to which a radial
)ears North 83' 11'22" West; thence northeasterly along the arc of said curve through a central
3ngie of 117°19'21" an arc distance of 44.23 feet to the beginning of a 37.30 foot radius
;ompound curve, concave southwesterly; thence southeasterly along the arc of said curve
hrough a central angle of 29°08'47" an arc distance of 18.98 feet; thence South 26°43'14" East
distance of 4.08 feet; thence North 87°07'02" West a distance of 4.57 feet; thence South
17°53'59" East a distance of 8.50 feet; thence North 72°06'01" East a distance of 3.80 feet;
hence South 17°53'59" East a distance of 4.20 feet; thence South 72°06'01" West a distance of
3.80 feet; thence South 17°53'59" East a distance of 24.73 feet; thence South 84°22'14" West a
iistance of 7.50 feet; thence South 60°33'14" West a distance of 41.02 feet; thence South
33°38'48" West a distance of 23.01 feet; thence South 60°33'14" West a distance of 23.01 feet;
hence South 83°38'48" West a distance of 22.89 feet; thence South 60°33'14" West a distance
>f 22.85 feet; thence North 33°22'53" West a distance of 60.00 feet to the TRUE POINT OF
3EGINNING, containing 8,412 square feet or 0.19 acre of tidelands area.
the above described land area is delineated on the San Diego Unified Port District Drawing No.
)28-025, dated September 12, 2008 and made a part of this agreement.
kit bearings and distances in the above legal description are grid, and based upon the California
oordinate System, Zone 6, N.A.D. 83, Epoch 1991.35.
9- 27 08
Tharles J. efk w Date
..S. 7876 Expires 31 Dec. 2008
.and Surveyor
;an Diego Unified Port District
RESOLUTION NO. 2010 — 105
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CHAIRMAN TO EXECUTE
A 30-YEAR LEASE AGREEMENT WITH THE SAN DIEGO
UNIFIED PORT DISTRICT FOR PROPERTY IN
PEPPER PARK FOR THE CONSTRUCTION OF
THE NATIONAL CITY AQUATIC AND EDUCATION CENTER
WHEREAS, the Community Development Commission of the City of National
City ("CDC") has been working cooperatively since 2004 to develop a permanent facility in
Pepper Park for the National City Aquatic and Education Center; and
WHEREAS, the project has been on continuing extensions for building permits
with the National City Building Division for more than two years because funding for construction
has not been available; and
WHEREAS, on May 4, 2010, the City Council authorized staff to apply for
construction funding through a State Grant for Outdoor Education Facilities; and
WHEREAS, proof of property control, such as a lease agreement, is required for
the grant; and
WHEREAS, a 30-year lease agreement between the City of National City and the
Unified Port of San Diego at the cost of $1 per year is proposed wherein the CDC will lease
8,412 square feet of land immediately south of the Pepper Park parking lot and immediately
east of the boat launch ramp.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute a 30-Year
Lease with the San Diego Unified Port District for property in Pepper Park for the construction of
the National City Aquatic and Education Center. Said Lease Agreement is on file in the office of
the City Clerk.
PASSED and ADOPTED this 18th day of May, 2010.
on Morrison, Chairman
APPROVED AS TO FORM:
7 OAP-z
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, Co velopment Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-105 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
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE:
May 18, 20101
AGENDA ITEM NO.3I0
fEM TITLE:
Resolution approving a 30-year lease at $1 per year with the Unified Port of San Diego for property in
Pepper Park on which to construct the National City Aquatic and Education Center.
PREPARED BY: Patricia Beard- DEPARTMENT: Redevelopment Division
PHONE: 14250 APPROVED BY;
EXPLANATION:
Since 2004, the CDC has been working cooperatively to develop a permanent facility in Pepper Park for
the National City Aquatic and Education Center. These efforts have included the development of site
plans and construction drawings paid for, in part, by the County of San Diego, certification of a Mitigated
Negative Declaration under the California Environmental Quality Act paid for by the Port, a Port Master
Plan Amendment and the operation of programming out of temporary facilities by the South Bay Family
YMCA since July, 2004.
The project has been on continuing extensions for building permits with the National City Building
Division for more than two years because funding for construction has not been available. On May 4,
2010 the City Council authorized staff to apply for construction funding through a State Grant for
Outdoor Education Facilities. Proof of property control, such as a lease, is required for the grant and
lid lease is attached to this item for consideration. Please see the attached Background Report for
aetails about the lease.)
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. The cost of this 30 year lease is $30 at $1 per APPROVED:
year. 511-409-500-598-3816.
ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration under CEQA for the project has
been certified by the Board of Port Commissioners.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
MIS
STAFF RECOMMENDATION: Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Background Report
Proposed Lease
Proposed Lease Plat
(IE,So\..vc\O‘.1 No. ao\o•\os