HomeMy WebLinkAbout2012 CON San Diego Port District - National City Aquatic Center - Amendment #1San Diego Unified Port District
Document No
59801
Filed_ ! !.
Q; ce e f tha ' strly'r Alark
SAN DIEGO UNIFIED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF LEASE
AMENDMENT NO. 1
THIS AGREEMENT, made and entered into this llth day of January , 20 13 ,
by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation,
hereinafter called "Lessor," and the CITY OF NATIONAL CITY, a municipal corporation,
hereinafter called "Lessee," WITNESSETH:
WHEREAS, Pursuant to the State of California Assembly Bill No. 26 (2011-2012 1st Ex.
Sess) amending the Community Redevelopment Law of the Health and Safety Code
Sections 34161 thru 34194.5, the Redevelopment Agency Community Development
Commission of National City has been dissolved; and
WHEREAS, Lessor and Lessee, on the 13th day of September, 2011, entered into a
Memorandum of Understanding (MOU) regarding the National City Aquatic Center, which
MOU is on file in the Office of the Clerk of Lessor bearing Document No. 58060; and
WHEREAS, Lessor administratively approved, on the 8th day of July 2011, an assignment of
the Lease from Community Development Commission of National City to the City of
National City, which Assignment and Assumption Approval is on file in the Office of the
Clerk of Lessor bearing Document No. 57887; and
WHEREAS, Lessor and Lessee, on the 8th day of June, 2010, entered into a Lease of
certain area in the City of National City, California, which Lease is on file in the Office of the
Clerk of Lessor bearing Document No. 56735; and
WHEREAS, Lessor and Lessee are mutually desirous of amending said Lease;
NOW THEREFORE, for valuable consideration, said Lease is hereby amended in the
following respects and no others, and except as expressly amended, all terms, covenants
and conditions of said Lease shall remain in full force and effect:
A. Said Lease is hereby amended by deleting the first paragraph in Paragraph 5 and
replacing it as follows:
1
Duplicate Original
5. CONSTRUCTION OF IMPROVEMENTS: On or before December 31, 2013,
Lessee shall provide evidence of financial capability and commence the construction of and
diligently proceed to completion, a aquatic and recreation center, hereinafter "Project."
The Project shall be substantially in accordance with plans and specifications, including but
not limited to working drawings, hereinafter "Plans," previously approved in writing by
Lessor, subject to changes thereto as may be approved by Lessor, in Lessor's sole
discretion. Said Plans, and any approved changes thereto, are by this reference made a
part hereof. Construction of the Project shall be completed by no later than
December 31, 2016. Provided, however, the commencement and completion dates may be
extended pursuant to Paragraph 5(e) herein. In the event of any inconsistency between the
Plans and the terms and conditions of this Lease, the terms and conditions of this Lease
shall prevail.
All other provisions of Paragraph 5, subparagraphs (b) through (f) shall remain in
accordance with the original Lease.
(ABSTRACT OF LEASE AMENDMENT NO. 1 FOLLOWS)
2
ABSTRACT OF LEASE AMENDMENT NO. 1
B. ABSTRACT OF LEASE AMENDMENT NO. 1: This is the final Paragraph and
Abstract of Lease Amendment No. 1 dated January 11 , 2013 ,
between SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, Lessor, and 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 Lease dated
July 29, 2010 on file with the Office of the District Clerk as SDUPD Doc. No. 56735, as
amended by this Lease Amendment No. 1, 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 and said
Lease Amendments, which are incorporated in this Abstract by this reference.
The term is thirty (30) years, beginning January 1, 2011, and ending on December
31, 2040.
This Abstract is not a complete summary of the Lease Amendment. Provisions in this
Abstract shall not be used in interpreting the Lease Amendment provisions. In the event of
conflict between this Abstract and other parts of the Lease Amendment, the other parts
shall control. Execution hereof constitutes execution of the Lease Amendment itself.
DATED:
January Pll,
Port rney
By
DEPUTY PORT ATTORNEY
20 13
APP' • ED AS TO FORM:
By
laudi
City
SDUPD Doc. No. 549486
Silva
Y
SAN DIEGO UNIFIED PORT DISTRICT
Kare��rf J. Weymann
Director, Real Estate
CITY OF IONAL CITY
By
on Morrison
Mayor
2
(FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT)
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On JAN 1 i 2013 before me, Ralph M. Carpio Notary Public, personally
appeared Karen J. Wevmann who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same in her authorized capacity, and that by her signature on the instrument
the person, or the entity upon behalf of which the person 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.
Signature
(Seal)
RAL.PH M. CARPIO
COMM. #1845071
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
pity A miesi r pins
Though the information below is not required by law, it may prove valuable to person 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:
Amendment No. 1 to Lease (#580601 with City of National City
Document Date: 1/11/2013
Number of Pages: 8
Signer(s) Other Than Named Above: Ron Morrison, City of National City Mayor
Capacity(ies) Claimed by Signer(s)
Signer's Name
• Individual
❑ Corporate Officer --Title(s):
❑ Partner -- Limited General
c Attorney in Fact
c Trustee
E Guardian or Conservator
• Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top Of thumb here
Signer's Name
❑ Individual
❑ Corporate Officer --Title(s):
n Partner -- Limited General
❑ Attorney in Fact
❑ Trustee
o Guardian or Conservator
❑ Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On 1 ,cceti bu- o2C%/ _ before me, lTy. Tr"
/J)
Notary Public, personally appeared n r,y-) /}) r) rr/ s(%Y-\
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name* is/aLe subscribed to the within instrument and acknowledged to me that
he/shP/thipL.y executed the same in his/ter/1be r authorized capacity), and that by
his/her/their signaturesignatureS0 on the instrument the persoris}; or the entity upon behalf of
which the person(.$ 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 hhnd and official seal.
Signature .����
(Seal)
VIRGINIA MILLER�r
Commission N 117499e
Notary Public • California
County
Cant an E d u ,r
Though the information below Is not required by law, it may prove valuable to person 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:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name
Number of Pages:
n Individual
c, Corporate Officer--Title(s):
o Partner-. ❑ Limited n General
rt Attorney in Fact
n Trustee
n Guardian or Conservator
o Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name
❑ Individual
n Corporate Officer--Title(s):
c, Partner -- n Limited n General
Li Attorney in Fact
a Trustee
a Guardian or Conservator
r Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of lhumb Mere
Legal Description for
CITY OF NATIONAL CITY
AQUATIC CENTER
' TIDELAND LEASE
Within Corporate Limits of National City
All that certain portion of land conveyed to the San Diego Unified Port District by that certain Act
of 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
Map 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
particularly 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
25, 2000; thence along a tie -line South 70°38'59" East a distance of 383.59 feet (calculated) to
the TRUE POINT OF BEGINNING; thence North 72°06'01" East a distance of 87.30 feet;
thence 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
distance 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
the beginning of a non -tangent 21.60 foot radius curve, concave southeasterly to which a radial
bears North 83°11'22" West; thence northeasterly along the arc of said curve through a central
angle of 117°19'21" an arc distance of 44.23 feet to the beginning of a 37.30 foot radius
compound curve, concave southwesterly; thence southeasterly along the arc of said curve
through a central angle of 29°08'47" an arc distance of 18.98 feet; thence South 26°43'14" East
a 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;
thence 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
distance of 7.50 feet; thence South 60°33'14" West a distance of 41.02 feet; thence South
83°38'48" West a distance of 23.01 feet; thence South 60°33'14" West a distance of 23.01 feet;
thence South 83°38'48" West a distance of 22.89 feet; thence South 60°33'14" West a distance
of 22.85 feet; thence North 33°22'53" West a distance of 60.00 feet to the TRUE POINT OF
BEGINNING, 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.
028-025, dated September 12, 2008 and made a part of this agreement.
All bearings and distances in the above legal description are grid, and based upon the California
Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35.
Charles J./Sefk¢w Date
L.S.'7876 Expires 31 Dec. 2008
Land Surveyor
San Diego Unified Port District
EXHIBIT "A"
1 \ ` 00,:c57/70Gt?
527-001
20' WATER
ESMT.
3" DIA. BRASS DISK MON.
STAMPED "SDUPD-020" AS
SHOWN ON R.O.S. 1666B:
RAMP
BOAT LAUNCH
FACILITY
S60'33`14"W
22.85'
528-001
FACEMENT 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.
``
0
028-010•
MARINA GROUP,
028-010 \ PIER 32
PIER 32
�`� MARINA GROUP,‘ PARCEL NO.2
ILC.
PARCEL NO.1
S83'38'48"W
22.89'
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
/ RG
P 205.OD' TO
ISIA
/ , " 5w OF SWEETWATER 11.
DATA TABLE: RIVER CHANNEL
GRAPHIC SCALE
0 S70'38'59"E-383.59'(CALC.) 0 10' 20' 40'
20 N33'22'53"W-60.00'
30 N72'06'01 "E-87.30' 1" = 40'
DRq N VAOUEZ
CHECKED �i 4//L
REVIEWED, A/II9/LT41
7-3:4*(
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND LEASE
WITHIN CORPORATE LIMITS OF NATIONAL CITY
CITY OF NATIONAL CITY
AQUATIC CENTER
EXHIBIT "B"
DATE SEPT. 12 2008
SCALE 1"=40'
REF. 025-010
DRAWING NO.
SHEET IOF 2
028-025
DEVSERV\REMI\E28\028-025\028-025-091208dwg.
' ODgYagGfi
N72'06'01 "E
87.30'
028-010
PIER 32
MARINA GROUP, LLC.
PARCEL NO. 1
a=117'19'21"
L=44.23'
R=21.60'
-S87'0750"E'::::
•
..................
:iN72'06'01"E:• <•:• '''''
':10.00' :::{:: `:::;•::: 17.53'59"E
N72'06'01'E- ,,.,• 8,412 SQ. FT. S72'O6'01 "w:
•
••'•• i::i:::584.22'14"W
:: ; SWEETWATER RIVER CHANNEL:.i:•::ii.:iiti:•:i:i•7.50':•i:
. EASEMENT LIMIT LINE OF
: COUNTY OF SAN DIEGO::•:::i:Cii:i:;•:.•i:::
(DOC. NO. 17271iif::iE;;(;(:?iir:;
:::FILED AUG. 30, 1984) ':ii:: `i: j
GRAPHIC SCALE
0 5' 10' 15'
1" = 15'
DETAIL
SCALE: 1 "=15'
028-010
PARCEL NO, 2
A=29'08'47"
L=18.98'
R=37.30'
N8T07'02"W
4.57'
S26'43'14 E`
4.05'
N72'06'01"E
3.80'
DRAWN_DARWIN VASQUEZ
CHECKED AsiLvrafvn."
REVIFWELYC' llac rW2 .
APPR ED
n
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
EXHIBIT "B"
DEVSERV\ Rail \EC28\028-025\028-025--091208dwg.
RESOLUTION NO. 2012 — 230
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
AMENDMENT NO. 1 TO THE LEASE BETWEEN THE SAN DIEGO
UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY
TO REVISE THE CONSTRUCTION COMMENCEMENT DEADLINE
FOR THE NATIONAL CITY AQUATIC CENTER FROM
DECEMBER 31, 2012 TO DECEMBER 31, 2013
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, 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, 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; and
WHEREAS, the City and the Port desire to amend the Lease to extend the
deadline for the commencement of construction of the National City Aquatic Center from
December 31, 2012 to December 31, 2013.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute an Agreement for Amendment of Lease, Amendment No. 1 between the
City of National City and the San Diego Unified Port District to amend the construction
commencement deadline for the National City Aquatic Center from December 31, 2012 to
December 31, 2013. Said Agreement for Amendment of Lease, Amendment No. 1 is on file in
the office of the City Clerk.
ATTEST:
PASSED and ADOPTED this 4th day of Decemb= . 12.
n Mornson, Mayor
P,' OVED AS TO FORM:
Mich el R. Da la, ity Clerk
a Gam Silva
City Attorne
Passed and adopted by the Council of the City of National City, California, on
December 4, 2012 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City CI rk of the City o ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-230 of the City of National City, California, passed and
adopted by the Council of said City on December 4, 2012.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ec c
""9ETING DATE: December 4, 2012
AGENDA ITEM NO. 14
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement for
Amendment No. 1 to the Lease between the San Diego Unified Port District and the City of National City
regarding the National City Aquatic Center to revise the construction commencement deadline from December
31, 2012 to December 31, 2013
PREPARED BY: Stephen Manganiello, City Engineerr
PHONE: 4382 APPROVED BY:
EXPLANATION:
The current Lease between the Port District and the City requires that construction of the Aquatic Center
commence no later than December 31, 2012. Execution of this agreement will amend the Lease to provide for a
one year extension of this deadline. If approved by City Council, Port staff will present the agreement to the Port
Board of Commissioners on December 11, 2012 for approval.
DEPARTMENT: Development Services/Engineering
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the resolution
BOARD / COMMISSION RECOMMENDATION:
N/A
I TACHMENTS:
1. Agreement
2. Resolution
e
RESOLUTION NO. 2012 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
AMENDMENT NO. 1 TO THE LEASE BETWEEN THE SAN DIEGO
UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY
TO REVISE THE CONSTRUCTION COMMENCEMENT DEADLINE
FOR THE NATIONAL CITY AQUATIC CENTER FROM
DECEMBER 31, 2012 TO DECEMBER 31, 2013
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, 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, 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; and
WHEREAS, the City and the Port desire to amend the Lease to extend the
deadline for the commencement of construction of the National City Aquatic Center from
December 31, 2012 to December 31, 2013.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes
the Mayor to execute an Agreement for Amendment of Lease, Amendment No. 1 between the
City of National City and the San Diego Unified Port District to amend the construction
commencement deadline for the National City Aquatic Center from December 31, 2012 to
December 31, 2013. Said Agreement for Amendment of Lease, Amendment No. 1 is on file in
the office of the City Clerk.
PASSED and ADOPTED this 4th day of December, 2012.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia Gacitua Silva
City Attorney
SAN DIEGO UNIFIED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF LEASE
AMENDMENT NO. 1
THIS AGREEMENT, made and entered into this 11th day of January 20 13
by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation,
hereinafter called "Lessor," and the CITY OF NATIONAL CITY, a municipal corporation,
hereinafter called "Lessee," WITNESSETH:
WHEREAS, Pursuant to the State of California Assembly Bill No. 26 (2011-2012 1st Ex.
Sess) amending the Community Redevelopment Law of the Health and Safety Code
Sections 34161 thru 34194.5, the Redevelopment Agency Community Development
Commission of National City has been dissolved; and
WHEREAS, Lessor and Lessee, on the 13«' day of September, 2011, entered into a
Memorandum of Understanding (MOU) regarding the National City Aquatic Center, which
MOU is on file in the Office of the Clerk of Lessor bearing Document No. 58060; and
WHEREAS, Lessor administratively approved, on the 8th day of July 2011, an assignment of
the Lease from Community Development Commission of National City to the City of
National City, which Assignment and Assumption Approval is on file in the Office of the
Clerk of Lessor bearing Document No. 57887; and
WHEREAS, Lessor and Lessee, on the 8th day of June, 2010, entered into a Lease of
certain area in the City of National City, California, which Lease is on file in the Office of the
Clerk of Lessor bearing Document No. 56735; and
WHEREAS, Lessor and Lessee are mutually desirous of amending said Lease;
NOW THEREFORE, for valuable consideration, said Lease is hereby amended in the
following respects and no others, and except as expressly amended, all terms, covenants
and conditions of said Lease shall remain in full force and effect:
A. Said Lease is hereby amended by deleting the first paragraph in Paragraph 5 and
replacing it as follows:
1
ORIGINAL.
5. CONSTRUCTION OF IMPROVEMENTS: On or before December 31, 2013,
Lessee shall provide evidence of financial capability and commence the construction of and
diligently proceed to completion, a aquatic and recreation center, hereinafter "Project."
The Project shall be substantially in accordance with plans and specifications, including but
not limited to working drawings, hereinafter "Plans," previously approved in writing by
Lessor, subject to changes thereto as may be approved by Lessor, in Lessor's sole
discretion. Said Plans, and any approved changes thereto, are by this reference made a
part hereof. Construction of the Project shall be completed by no later than
December 31, 2016. Provided, however, the commencement and completion dates may be
extended pursuant to Paragraph 5(e) herein. In the event of any inconsistency between the
Plans and the terms and conditions of this Lease, the terms and conditions of this Lease
shall prevail.
All other provisions of Paragraph 5, subparagraphs (b) through (f) shall remain in
accordance with the original Lease.
(ABSTRACT OF LEASE AMENDMENT NO. 1 FOLLOWS)
2
ABSTRACT OF LEASE AMENDMENT NO. 1
B. ABSTRACT OF LEASE AMENDMENT NO. 1: This is the final Paragraph and
Abstract of Lease Amendment No. 1 dated January 11, 2013
between SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, Lessor, and 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 Lease dated
July 29, 2010 on file with the Office of the District Clerk as SDUPD Doc. No. 56735, as
amended by this Lease Amendment No. 1, 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 and said
Lease Amendments, which are incorporated in this Abstract by this reference.
The term is thirty (30) years, beginning January 1, 2011, and ending on December
31, 2040.
This Abstract is not a complete summary of the Lease Amendment. Provisions in this
Abstract shall not be used in interpreting the Lease Amendment provisions. In the event of
conflict between this Abstract and other parts of the Lease Amendment, the other parts
shall control. Execution hereof constitutes execution of the Lease Amendment itself.
DATED: January 11
,2013
Port At ney / — SAN DIEGO UNIFIED PORT DISTRICT
By
DEPUTY PORT ATTORNEY
By
Karen J. Weymann
Director, Real Estate
APPROVED AS TO FORM: CITY OF NATIONAL CITY
By By
Claudia G. Silva
City Attorney
SDUPD Doc. No. 549486
2
Ron Morrison
Mayor
(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.
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.
Signature (Seal)
Though the information below is not required by law. it may prove valuable to person retying 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 Signers)
Signer's Name
o Individual
n Corporate Officer --Title(s):
o Partner-- ❑ Limited ra General
o Attorney in Fact
ri Trustee
ci Guardian or Conservator
• Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name
❑ Individual
❑ Corporate Officer--Title(s):
0 Partner -- n Limited o General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thump Hero
(FOR USE BY CITY OF NATIONAL CITY)
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
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foregoing paragraph is true and correct.
WITNESS my hand and official seal.
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Legal Description for
CITY OF NATIONAL CITY
AQUATIC CENTER
TIDELAND LEASE
Within Corporate Limits of National City
All that certain portion of land conveyed to the San Diego Unified Port District by that certain Act
of 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
Map No. 564, filed in the Office of the San Diego County Recorder on May 28, 1976, File No.
76-164586, in the City of San Diego, County of San Diego, State of California, and more
particularly 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
25, 2000; thence along a tie -line South 70°38'59" East a distance of 383.59 feet (calculated) to
the TRUE POINT OF BEGINNING; thence North 72°06'01" East a distance of 87.30 feet;
thence 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
distance 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
the beginning of a non -tangent 21.60 foot radius curve, concave southeasterly to which a radial
bears North 83°11'22" West; thence northeasterly along the arc of said curve through a central
angle of 117°19'21" an arc distance of 44.23 feet to the beginning of a 37.30 foot radius
compound curve, concave southwesterly; thence southeasterly along the arc of said curve
through a central angle of 29°08'47" an arc distance of 18.98 feet; thence South 26°43'14" East
a 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;
thence 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
distance of 7.50 feet; thence South 60°33'14" West a distance of 41.02 feet; thence South
83°38'48" West a distance of 23.01 feet; thence South 60°33'14" West a distance of 23.01 feet;
thence South 83°38'48" West a distance of 22.89 feet; thence South 60°33'14" West a distance
of 22.85 feet; thence North 33°22'53" West a distance of 60.00 feet to the TRUE POINT OF
BEGINNING, 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.
028-025, dated September 12, 2008 and made a part of this agreement.
All bearings and distances in the above legal description are grid, and based upon the California
Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35.
z`71-o8
Charles J. efkgw Date
L.S.7876 Expires 31 Dec. 2008
Land Surveyor
San Diego Unified Port District
EXHIBIT "A"
-\\\\\
` 5
DDDf 2g§
f7712(5 aDD
527-001
20' WATER
ESMT.
1 5
1 1
,
P.A. Se�
3" DIA. BRASS DISK MON.STAMPED "20" A
r
SHOWN SHOWN ON ��% I�
UI ...
RAMP
BOAT LAUNCH
FACILITY
E STI G
SE ER LINE
S60'33'14"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
C00RDINATE SYSTEM ZONE 6, NAD 83,
EPOCH 1991.35.
i
1
1 5 028-010
028-010 \ MARINA GROUP,
PIER 32
PIER 1
1 MARINA GROUP,1C
5 PARCEL NO.2
LL
`PARCELC. NO.1
528-003
SDG&E
EASEMENT
S83'38'48"W
23.01'
S60'33'14"W
23.01'
S83'38'48"W
22.89'
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
/e1tdP 205.00' TO�
SSE OF SWEETWATER
DATA TABLE:
10 S70'38'59"E-383.59
20 N33'22'53"W-60.00'
0 N72'06'01"E-87.30'
RIVER CHANNEL
GRAPHIC SCALE
'(CALC.) 0 10' 20' 40'
1"
DRA N VAUUEZ
CHECKED 3._
Mnoex---(
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND LEASE
WITHIN CORPORATE LIMITS OF NATIONAL CITY
CITY OF NATIONAL CITY
AQUATIC CENTER
EXHIBIT "8"
DATE SEPT. 12. 2008
SCALE 1"=40'
REF. 028-010
DRAWING NO.
SHEET JOF 1
028-025
DEVSERV\REMI\E28\028-025\028-025-091208dwg.
N72'06'01"E
87.30'
............... •
028-010
PIER 32
MARINA GROUP, LLC.
PARCEL NO. 1
,=11719'21"
L=44.23'
R=21.60'
::1N72'06'01 "E
'01"E ;: 8,412 SQ. FT.: S72'06 0
•i:: 584' 22' 14 "W e
:::.::::iiIMIT PER CALTRANS:::::4;isi:::::{:-i::•::::•:.:
EASEMENT„LIMIT .LINE....... ;•
;:.:•:•_r:::.:r :`i6i
GRAPHIC SCALE
0 5' 10' 15'
1" = 15'
DETAIL
SCALE: 1"=15'
02B-010
PARCEL NO. 2
L=29'0B'47"
L=18.98'
R=37.30'
i
N87'07'02"W \
4.57'
S26'43'14"E
4.08'
N72'06'01"E
3.80'
DRAWN DARWIN VASOUF7
CHECKED ,{6AN7oNfi-
REVIEWED'r0K, '+uai .
APPepal
SAN DIEGO UNIFIED PORT DISTRICT
'TIDELAND LEASE
WITHIN CORPORATE UMITS OF NATIONAL CITY
CITY OF NATIONAL CITY
AQUATIC CENTER
DATE SEPT. 12 200B
SCALE 1"=15'
REF. 028-010
DRAWING NO.
SHEET 20F 2
028-025
EXHIBIT "B"
DEVSERV\REMI\E028\028-025\028-025--091208dwg.
•
Unified Port
of San Diego
3165 Pacific Highway, San Diego, CA 92101
P.O. Box 120488, San Diego, CA 92112-0488
619.686.6200 - www.portofsandiego.org
January 28, 2013 VIA US MAIL
Mr. Stephen Manganiello
City Engineer
City of National City
Engineering Division
Development Services Department
1243 National City Boulevard
National City, CA 91950
Dear Mr. Manganiello:
Re: Agreement for Amendment of Lease Amendment No. 1 Between San Diego
Unified Port District and City of National City Located in National City, California
dated January 18, 2013, bearing District Document No. 59801
Agreement for Amendment of Memorandum of Understanding Amendment No. 1
Between San Diego Unified Port District and City of National City Located in
National City, California dated January 18, 2013, bearing District Document
No. 59802
Enclosed are the executed Duplicate Originals of both of the above documents.
Should you have any questions, please contact me at (619) 725-6005 or via email to
kmoden@portofsandiego.org.
Sincerely,
Kelly Moden
Asset Manager
Real Estate
KM/nj
Enclosures (2)
SDUPD Docs No. 562101
San Diego Unified Port District