HomeMy WebLinkAbout2012 CON San Diego Port District - National City Aquatic Center - Amendment #1 MOUSan Diego Unified Port District
Document No. _59802
$
Filed JAN 1 I3
Of ce of thr, ;,.ystrict Clerk
SAN DIEGO UNIFIED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF MEMORANDUM OF UNDERSTANDING
AMENDMENT NO. 1
THIS AGREEMENT, made and entered into this llth day of December
20 12 , by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, hereinafter called "District," and the CITY OF NATIONAL CITY, a municipal
corporation, hereinafter called "City," 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, District and City, 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, District and City, 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, District, on the 26th day of September, 2011, fulfilled its obligation of
transferring match funding to City in the amount of $830,000 as recommended by the
Maritime Enhancement Advisory Committee; and
WHEREAS, District and City are mutually desirous of amending said MOU;
NOW THEREFORE, for valuable consideration, said MOU is hereby amended in the
following respects and no others, and except as expressly amended, all terms,
covenants and conditions of said MOU shall remain in full force and effect:
A. Said MOU is hereby amended by deleting item No. 3 and replacing it as
follows:
3. City agrees to commence construction of the Project before
December 31, 2013 or the City will return the $830,000 to the District within
sixty (60) calendar days and this MOU shall terminate.
1
Duplicate Original
IN WITNESS WHEREOF, parties hereto have executed this agreement as of the day
and the year first above written.
Port Attorney
By
PEPUTY PORT ATTORNEY
APP',OVED AS TO FORM:
By
Clau.' . Silva
Ci �. rney
SDUPD Doc. No. 550189
SAN DIEGO UNIFIED PORT DISTRICT
By APB W
Karen Weymann
irector, Real Estate
CITY OF ZONAL CITY
By
2
Ron Morrison
Mayor
(FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT)
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On January 17, 2013 before me, Ralph M. Carpio Notary Public, personally appeared
Karen J. Weymann 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)
M.
My OOMmission Expires —
APRIL 17 2013
Though the information below is not required by law, it may prove valuable to person relying on the document
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Description of Attached Document
Title or Type of Document:
Amendment No. 1 to MOU (#58060) with City of National City
Document Date: 12/11/2012
Number of Pages: 4
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 --Titleis):
❑ Partner -- Limited General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
RIGHT THuMRPRINr
OF SIGNER
Top of thumb here
Signer's Name
❑ Individual
❑ Corporate Officer -Title(s):
❑ Partner -- Limited General
❑ Attorney in Fact
o Trustee
o Guardian or Conservator
❑ Other:
Signer is Representing:
RIGH I I HUINBPRINT
OF SIGNER
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On J/PC t.Zr �. O/� before me, V2r injC�
Notary Public, personally appeared /1Th %Y)cc
who proved to me on the basis of satisfactory evidence to be the person,(s) whose
name(s} is/aaa� subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/fheN##eir authorized capacitykiee), and that by
his/her4their signature$ on the instrument the person(,s}, 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
Signature
and and official seI.
4z41.0 69,
(Seal)
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:
VIRGINIA MILLER
Commission aM 1874918
Notary Public - California
San Diego Co
unty
26 20
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):
o Partner -- ❑ Limited o General
Attorney in Fact
o Trustee
Li Guardian or Conservator
El Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name
13 individual
n Corporate Officer--Title(s):,._._,_.,.
n Partner -- n Limited o General
it Attorney in Fact
n Trustee
o Guardian or Conservator
• Other:
Signer is Representing:
RIGI IT THUMBPRINT
OF SIGNER
Top of thumb here
RESOLUTION NO. 2012 — 229
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING
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, in 2010, the City Council participated in the creation and work efforts
of a Port of San Diego Maritime Advisory Committee that was 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; and
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 Port District and the City entered into 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; and
WHEREAS, the City and the Port desire to amend the MOU 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 Memorandum of Understanding,
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.
--- Signature Page to Follow ---
Resolution No. 2012 — 229
Page Two
PASSED and ADOPTED this 4th day of December 012.
ATTEST:
//7
on Morrison, Mayor
Michael R. Dalla, ity Clerk
PPROVED AS TO FORM:
citua Silva
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 Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-229 of the City of National City, Califomia, 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
•EETING
DATE:
December 4, 2012
AGENDA ITEM NO. 13
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 Memorandum of Understanding 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 DEPARTMENT: Development Services/Engineering
PHONE: 4382 APPROVED BY:
EXPLANATION:
The Port District previously allocated $830,000 in Capital Improvement Program Funds for construction of the
National City Aquatic Center. The current MOU between the Port District and the City requires that construction
of the Aquatic Center commence no later than December 31, 2012 in order to maintain use of said funds.
Execution of this agreement will amend the MOU to provide for a one year extension of this deadline and preserve
the use of said funds. If approved by City Council, Port staff will present the agreement to the Port Board of
Commissioners on December 11, 2012 for approval.
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
TTACHMENTS:
1. Agreement
2. Copy of MOU with City Council Resolution 2011-198
3. Resolution
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 MEMORANDUM OF UNDERSTANDING
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, in 2010, the City Council participated in the creation and work efforts
of a Port of San Diego Maritime Advisory Committee that was 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; and
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 Port District and the City entered into 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; and
WHEREAS, the City and the Port desire to amend the MOU 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 Memorandum of Understanding,
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.
--- Signature Page to Follow ---
Resolution No. 2012 —
Page Two
PASSED and ADOPTED this 4th day of December, 2012.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ron Morrison, Mayor
SAN DIEGO UNIFIED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF MEMORANDUM OF UNDERSTANDING
AMENDMENT NO. 1
THIS AGREEMENT, made and entered into this llth day of December
20 12 , by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public
corporation, hereinafter called "District," and the CITY OF NATIONAL CITY, a municipal
corporation, hereinafter called "City," 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, District and City, 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, District and City, 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, District, on the 26th day of September, 2011, fulfilled its obligation of
transferring match funding to City in the amount of $830,000 as recommended by the
Maritime Enhancement Advisory Committee; and
WHEREAS, District and City are mutually desirous of amending said MOU;
NOW THEREFORE, for valuable consideration, said MOU is hereby amended in the
following respects and no others, and except as expressly amended, all terms,
covenants and conditions of said MOU shall remain in full force and effect:
A. Said MOU is hereby amended by deleting item No. 3 and replacing it as
follows:
3. City agrees to commence construction of the Project before
December 31, 2013 or the City will return the $830,000 to the District within
sixty (60) calendar days and this MOU shall terminate.
1
ORIGINAL
IN WITNESS WHEREOF, parties hereto have executed this agreement as of the day
and the year first above written.
Port Attorney SAN DIEGO UNIFIED PORT DISTRICT
By By
DEPUTY PORT ATTORNEY' Karen J.Weymann
Director,
Real Estate
APPROVED AS TO FORM: CITY OF NATIONAL CITY
By By
Claudia G. Silva Ron Morrison
City Attorney Mayor
SDUPD Doc. No. 550189
2
(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)
OPTIONAL
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 Signer(s)
Signer's Name
o Individual
u Corporate Officer --Title(s):
o Partner -- o Limited o General
n Attorney in Fact
n Trustee
n Guardian or Conservator
n Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name
u Individual
n Corporate Officer —Title(s):
o Partner -- n Limited o General
o Attorney in Fact
o Trustee
o Guardian or Conservator
n Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
(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
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 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 Slgner(s)
Signer's Name
n Individual
Ei Corporate Officer--Title(s):
• Partner -- D Limited n General
o Attorney in Fact
a Trustee
cl Guardian or Conservator
El Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name
o individual
n Corporate Officer --Title(s):
o Partner -- n Limited o General
o Attorney in Fact
❑ Trustee
o Guardian or Conservator
❑ Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb hero
i
San D1ego Unified Part i triCLb r.
6 V
MEMORANDUM OF UNDERSTANDING Document Nf�T)
BETWEEN SAN DIEGO UNIFIED PORT DISTRICT Filed
'OfflceottheDistrictClerk
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
EFORE, the parties hereto enter into this MOU effective as of this I.IT V , 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,
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
SOUP° Docs No.481368
2
SAN DIEGO UNIFIED PORT DISTRICT
Karen'd. Weymann
Director, Real Estate
CITY OF NATIONAL CITY
By
Signature
PRINT NAME: /<v.J le.+. n I./a J
PRINT TITLE:4'f/0�
i
1
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 Gity'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�
Mic y Clerk
ROVED AS TO FORM:
aG
City Attorn
Passed and adopted by the Council of the City of National City, Califomia, 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
A;t2))
City CI k 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
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