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HomeMy WebLinkAbout2011 CON San Diego Port District - National City Aquatic CenterSan Diego Llrniied Port District 58U MEMORANDUM OF UNDERSTANDING DocumentN �p 1 ? ��� BETWEEN SAN DIEGO UNIFIED PORT DISTRICT Filed �fflceottn Di District AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER The following recitals are a substantive part of this Memorandum of Understanding (MOU): WHEREAS, both the San Diego Unified Port District (District) and the City of National City (City) have worked cooperatively to develop the National City Aquatic Center (Project); and WHEREAS, the District has approved the Project's concept plan; and WHEREAS, the District certified the Project's Port Master Plan Amendment Mitigated Negative Declaration, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the District has granted the Community Development Commission of National City a thirty (30) year lease for the Project's site, with the condition that the project has commenced construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29, 2010 (Lease); and WHEREAS, the District has included $830,000 in its Capital Improvement Program as match funding for the Project as recommended by the Maritime Enhancement Advisory Committee; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's Document No. 57961 filed on August 10, 2011; and 1'22 NO THE EFORE, the parties hereto enter into this MOU effective as of this 6.J1 day of (,P 2011: 1. District agrees to transfer $830,000 to the City within sixty (60) calendar days of signature of this MOU for match funding for the Project. 2. City agrees to provide the remaining funding for the Project and to complete the construction of the Project. 3. City agrees to commence construction of the Project before December 31, 2012 or the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 4. City agrees to complete the construction of the Center on or before the expiration of the Coastal Development Permit, unless the District and City mutually agree to file for an extension. In the event construction is not completed and no extension has been granted, 1 Duplicate Original the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 5. This MOU shall commence effective on the date set forth above and shall continue until the Project is constructed and litigation and claims, if any, are settled. 6. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Boards of Directors, Councils or Commissioners. 7. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 8. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 9. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 10. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. Port Attorney By SDUPD Docs No.481368 2 SAN DIEGO UNIFIED PORT DISTRICT Karen`d. Weymann Director, Real Estate CITY OF NATIONAL CITY By Signaturena� PRINT NAME: /<o.J.+.�.� . �o a PRINT TITLE:' fps RESOLUTION NO. 2011 — 198 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR PORT FUNDING IN THE AMOUNT OF $830,000 AS MATCHING FUNDS TO THE 2011 TAX ALLOCATION BONDS FOR THE NATIONAL CITY AQUATIC CENTER, AND RATIFYING THE ASSIGNMENT BY THE PORT AND THE ASSUMPTION BY THE CITY OF THE LEASE OF PROPERTY AT GOESNO PLACE IN NATIONAL CITY WHEREAS, in 2010, the City Council participated in the creation and work efforts of a Port of San Diego Maritime Advisory Committee formed to address adverse impacts of industrial waterfronts in the communities of National City and Barrio Logan; and WHEREAS, as a result of these activities, the Board of Port Commissioners allocated $830,000 in new funding for construction of the $3.3 Million National City Aquatic Center (the "Project"), intended to open up National City's waterfront for boating to all people regardless of their ability to pay; WHEREAS, on June 8, 2010, the San Diego Unified Port District (the "Port District") entered into a 30-year lease (the "Lease") with the Community Development Commission of the City of National City ("CDC") for property located at Goesno Place, to be utilized for the Aquatic Center; and WHEREAS, pursuant to the Cooperation Agreement between the City and the CDC dated February 15, 2011, the Lease was assigned by the Port District and assumed by the City as part of the Assignment and Assumption Review and Approval dated July 8, 2011, and executed by the City Manager on July 12, 2011. Said Assignment and Assumption requires ratification by the City Council; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date, and the Building Permit for the Project was approved in August requiring construction to be underway within six months; and WHEREAS, on August 10, 2011, the Port District filed a Coastal Development Permit for construction of the National City Aquatic Center on Port lands within two years; and WHEREAS, the Port District has proposed a Memorandum of Understanding ("MOU") providing National City with the funding via a cash advance in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the Assignment by the San Diego Unified Port District and the Assumption by the City of National City of the 30-year Lease of property at Goesno Place in National City. Resolution No. 2011 — 198 Page Two BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a Memorandum of Understanding between the San Diego Unified Port District and the City of National City for Port funding in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit. PASSED and ADOPTED this 6th day of September, 2011. on Morrison, Mayor ATTEST: ha I R. Dalla C Cler k y ROVED AS TO FORM: is G. Si a City Attorn Passed and adopted by the Council of the City of National City, California, on September 6, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California PW;ljAil City CIZk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-198 of the City of National City, California, passed and adopted by the Council of said City on September 6, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 9 ITEM TITLE: k\ resolution of the City Council of the City of National City approving a Memorandum of Understanding between the San Diego Unified Port and the City of National City providing $830,000 in Port funding as a match to 2011 Tax Allocation Bonds for the National City Aquatic Center, and ratifying the Assignment by the Port and the Assumption by the City of the Lease of Property at Goesno Place (Port Capital Funding),I PREPARED BY: Patricia Beard DEPARTMENT: Redevelopment/Special Projects PHONE: 4255 APPROVED BY:.—.4., EXPLANATION: 'In the spring and summer of 2010, the City Council participated in the creation and work efforts of a Port of San Diego Maritime Advisory Committee formed to address adverse impacts of industrial waterfronts in the communities of National City and Barrio Logan. One result of these activities was that the Board of Port Commissioners allocated $830,000 in new funding for construction of the $3.3 million National City Aquatic Center, intended to open up National City's waterfront for boating to all people regardless of ability to pay. Pursuant to a lease dated June 8, 2010, the Port District entered into a 30-year lease with the CDC of property located at Goesno Place, to be utilized for the Aquatic Center. Consistent with the Cooperation Agreement between the City and the CDC dated February 15, 2011, the lease was assigned by the Port District and assumed by the City Manager on behalf of the City pursuant to the Assignment and Assumption Review and Approval dated July 8, 2011, and executed by the City Manager on July 12, 2011. It is now appropriate that the Assignment and Assumption be ratified by the City Council. Since the Community Development Commission issued Tax Allocation Bonds in February to fund completion of the project and since the Building Permit for the project was approved in August requiring construction to be underway within six months, Port staff is recommending providing the funding via a cash advance per the proposed MOU. If the City Council approves the MOU, the Port Commission will consider it at their September 13th meeting. The funds could then be provided within 60 calendar days of execution. The project would be required to commence construction by December 31, 2012 and to be completed by the expiration of the Coastal Development Permit. 1 FINANCIAL STATEMENT: ACCOUNT NO. APPROVED. Finance 524-409-500-598-3816. This MOU provides that $830,000 capital funding would be provided as a match to National City Tax Allocation Bond funding for construction of the Aquatic Center. Including soft costs, public art, staff time and construction, the project is anticipated to cost approximately $4 million. ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration under the California Environmental Qualit Act — UPD # 83356-MND-665 was filed by the Clerk of the Port of San Diego on October 11, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER The following recitals are a substantive part of this Memorandum of Understanding (MOU): WHEREAS, both the San Diego Unified Port District (District) and the City of National City (City) have worked cooperatively to develop the National City Aquatic Center (Project); and WHEREAS, the District has approved the Project's concept plan; and WHEREAS, the District certified the Project's Port Master Plan Amendment Mitigated Negative Declaration, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the District has granted the Community Development Commission of National City a thirty (30) year lease for the Project's site, with the condition that the project has commenced construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29, 2010 (Lease); and WHEREAS, the District has included $830,000 in its Capital Improvement Program as match funding for the Project as recommended by the Maritime Enhancement Advisory Committee; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's Document No. 57961 filed on August 10, 2011; and NOW THEREFORE, the parties hereto enter into this MOU effective as of this day of , 2011: 1. District agrees to transfer $830,000 to the City within sixty (60) calendar days of signature of this MOU for match funding for the Project. 2. City agrees to provide the remaining funding for the Project and to complete the construction of the Project. 3. City agrees to commence construction of the Project before December 31, 2012 or the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 4. City agrees to complete the construction of the Center on or before the expiration of the Coastal Development Permit, unless the District and City mutually agree to file for an extension. In the event construction is not completed and no extension has been granted, 1 the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 5. This MOU shall commence effective on the date set forth above and shall continue until the Project is constructed and litigation and claims, if any, are settled. 6. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Boards of Directors, Councils or Commissioners. 7. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 8. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 9. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 10. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By Karen J. Weymann Director, Real Estate SDUPD Docs No. 481368 2 CITY OF NATIONAL CITY By Signature PRINT NAME: PRINT TITLE: RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR PORT FUNDING IN THE AMOUNT OF $830,000 AS MATCHING FUNDS TO THE 2011 TAX ALLOCATION BONDS FOR THE NATIONAL CITY AQUATIC CENTER, AND RATIFYING THE ASSIGNMENT BY THE PORT AND THE ASSUMPTION BY THE CITY OF THE LEASE OF PROPERTY AT GOESNO PLACE IN NATIONAL CITY WHEREAS, in 2010, the City Council participated in the creation and work efforts of a Port of San Diego Maritime Advisory Committee formed to address adverse impacts of industrial waterfronts in the communities of National City and Barrio Logan; and WHEREAS, as a result of these activities, the Board of Port Commissioners allocated $830,000 in new funding for construction of the $3.3 Million National City Aquatic Center (the "Project"), intended to open up National City's waterfront for boating to all people regardless of their ability to pay; WHEREAS, on June 8, 2010, the San Diego Unified Port District (the "Port District") entered into a 30-year lease (the "Lease") with the Community Development Commission of the City of National City ("CDC") for property located at Goesno Place, to be utilized for the Aquatic Center; and WHEREAS, pursuant to the Cooperation Agreement between the City and the CDC dated February 15, 2011, the Lease was assigned by the Port District and assumed by the City as part of the Assignment and Assumption Review and Approval dated July 8, 2011, and executed by the City Manager on July 12, 2011. Said Assignment and Assumption requires ratification by the City Council; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date, and the Building Permit for the Project was approved in August requiring construction to be underway within six months; and WHEREAS, on August 10, 2011, the Port District filed a Coastal Development Permit for construction of the National City Aquatic Center on Port lands within two years; and WHEREAS, the Port District has proposed a Memorandum of Understanding ("MOU") providing National City with the funding via a cash advance in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the Assignment by the San Diego Unified Port District and the Assumption by the City of National City of the 30-year Lease of property at Goesno Place in National City. Resolution No. 2011 — Page Two BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a Memorandum of Understanding between the San Diego Unified Port District and the City of National City for Port funding in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit. PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney