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HomeMy WebLinkAbout2013 CON San Diego Port District - National City Aquatic Center - Amendment #2 MOUSan Diego Unified Port District 60744 Documet',t No. AMENDED AND RESTATED i=iioe SEP 0 6 2013 MEMORANDUM OF UNDERSTANDING 07fIc:iOfih�LdritriotClerk BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER THIS AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING, made and entered into this 13 th day of August , 2013, 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,": 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 granted the Community Development Commission of National City a thirty (30) year lease for the Project's site, with the condition that the project commenced construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29, 2010 (Lease); and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, the District and City entered into an amendment to the Lease on January 11, 2013, extending the date of commencement of construction to December 31, 2013, SDUPD Clerk's Document No. 59801 filed on January 18, 2013; and WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's Document No. 57961 filed on August 10, 2011 and has additionally granted a two-year extension of the Permit through August 2, 2015; and WHEREAS, the District and the City, on the 13th day of September, 2011, entered into a Memorandum of Understanding ("MOU") regarding the Project, 1 Duplicate Original which MOU is on file in the Office of the District Clerk bearing Document No. 58060; and WHEREAS, District, on the 26th day of September, 2011, fulfilled its MOU obligation to transfer funds to City in the amount of $830,000; and WHEREAS, District and City, on the 11th day of December, 2012, mutually agreed to MOU Amendment No. 1 which extended the deadline for commencement of construction to the Project, which is on file in the Office of the District Clerk bearing Document No. 59802; and WHEREAS, City has requested the District increase its financial support for the Project by reallocating its planned financial support for a separate National City Park project to the Project; and WHEREAS, the parties have agreed to amend and restate their agreement regarding the Project in this Amended and Restated MOU. NOW THEREFORE, the parties agree that all terms of the MOU are hereby replaced in their entirely with the following: 1. City agrees to design and construct the Project. City shall advertise, award, and enter into a Construction Contract with Contractor including all construction of the Project and commence construction by December 31, 2013. District shall not be a party to Construction Contract and shall, in no way, be liable under Construction Contract to City, Contractor, or anybody. City shall complete construction of Project on or before the expiration of the Coastal Development Permit, unless the District and City mutually agree to file for an extension. 2. District agrees to contribute a total amount not to exceed $3,910,000 to the Project for design and construction as follows: (a) District shall transfer to City $830,000 to be used towards design and/or construction costs. City acknowledges that this obligation of the District has previously been satisfied in full by a transfer on September 26, 2011. (b) District shall reimburse City for Project construction costs in an amount not to exceed $3,080,000 in accordance with and subject to Section 5 herein. 3. City agrees to be solely responsible for any Project costs in excess of the $3,910,000 contribution from the District. City shall not be relieved of any obligations under this MOU due to increased expenses or cost overruns. 4. Due to the wind down of redevelopment and the California Department of Finance's refusal to recognize the Aquatic Center as an enforceable obligation of what was formerly the City's redevelopment agency, City requested District significantly increase its financial support for the Project. 2 City acknowledges that, District has accommodated City's request and that District's previously planned financial support for a separate National City Park project has been reallocated to this Project. 5. District reimbursement of City's construction costs (a) District shall only reimburse City's payments to Contractor pursuant to the Construction Contract, including change orders; (b) City shall submit Contractor's pay application and City's proof of payment to District along with any request for reimbursement. (c) District shall reimburse City in the amount of the construction costs incurred by City up to the amount of the Construction Contract, but such reimbursement will not exceed $3,080,000 should the Construction Contract exceed this amount. (d) Any credits or adjustments subsequently agreed upon between City and Contractor shall be reflected in reimbursement requests to District. (e) In addition to the total not -to -exceed limit, District's reimbursement of City's construction costs shall not exceed $1.2 million in District's Fiscal Year 2013/2014 (July 1, 2013 through June 30, 2014). If City requests reimbursement exceeding $1.2 million in District's Fiscal Year 2013/2014, the amount exceeding $1.2 million may be reimbursed in District's Fiscal Year 2014/2015. (f) District's obligation to reimburse City shall not commence until City has completely spent the $830,000 previously paid by District for design and/or construction costs. City shall first provide District documentation that such has been spent. 6. Change Orders. City agrees to give District no less than five business days' notice prior to executing any change order or otherwise agreeing to an increase in contract price. In the event "unforeseen conditions" arise, or due to other conditions a change order needs to be expedited, the City may waive this notice requirement. City will notify District as soon as practicable in the event of a waiver of this provision. 7. If City fails to meet any of the deadlines in Section 1 above, City shall return all funds District has paid to City under this MOU regardless of expenses actually incurred by City related to the Project within sixty (60) calendar days. 8. 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. 3 9. 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 Councils or Board of Commissioners. 10. 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. 11.AII 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. 12. 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. 13. 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. 14. 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, parties hereto have executed this Amended and Restated Memorandum of Understanding as of the day and the year first above written. Port Attorney By �yu� �o0,- , .%. Simon Kann APPVED AS TO FORM: By is G. Silva ttorney SDUPD Doc. No. 590 2 4 SAN DIEGO UNIFIED PORT DISTRICT Wemann Director, Real Estate CITY, OF NAYIONAL CITY B Ron Morrison Mayor RESOLUTION NO. 2013 — 119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER WHEREIN THE PORT DISTRICT AGREES TO REIMBURSE THE CITY OF NATIONAL CITY FOR PROJECT CONSTRUCTION COSTS IN AN AMOUNT NOT TO EXCEED $3,080,000, AND AUTHORIZING THE APPROPRIATION OF $3,080,000 TO THE AQUATIC CENTER ACCOUNT NO. 001-409-500-598-3816 FROM THE GENERAL FUND WHEREAS, the San Diego Unified Port District ("District") and the City of National City have worked cooperatively to develop the National City Aquatic Center ("Project"); and WHEREAS, in 2006, the District approved the Project's concept plan, and certified the Project's Port Master Plan Amendment Mitigated Negative Declaration; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission in 2006; and WHEREAS, the District granted the Community Development Commission of the City of National City ("CDC") a thirty (30) year lease for the Project's site, with the condition that the Project commenced construction before December 31, 2012, which was approved by the City through the adoption of CDC Resolution No. 2010-105, on May 18, 2010; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011- 198, entering into a Memorandum of Understanding ("MOU") with the District regarding the Project, and ratifying the Assignment by the Port and the Assumption by the City of the Lease of the property at Goesno Place in National City, the future site of the Project; and WHEREAS, the District, on the September 26, 2011, fulfilled its MOU obligation by transferring funds to City in the amount of $830,000 to be used towards design and/or construction costs for the Aquatic Center; and WHEREAS, on December 4, 2012, the City Council adopted Resolution No. 2012-229, entering into Amendment No. 1 to the MOU, and Resolution No. 2012-230 entering into Amendment No. 1 to the 30-year Lease, both of which extended the date of commencement of construction to December 31, 2013; and WHEREAS, the District issued the Project's Coastal Development Permit and has additionally granted a two-year extension of the Permit through August 2, 2015; and WHEREAS, the former Redevelopment Agency to the Community Development Commission issued tax allocation bonds in 2011, of which $3.3 Million of the 2011 Tax Allocation Bonds were budgeted for the construction of the Aquatic Center, but due to the dissolution of redevelopment agencies statewide, the State Department of Finance denied the use of these funds for construction; and Resolution No. 2013 — 119 Page Two WHEREAS, because the 2011 Tax Allocation Bonds cannot be used for the Project, the City requested that the Port District reallocate its planned financial support for a separate park project in National City to the Aquatic Center Project; and WHEREAS, on July 16, 2013, the Board of Port Commissioners approved the allocation of $3,080,000 from a separate park project in National City to the Aquatic Center Project, pending amendments to the MOU and Lease Agreement; and WHEREAS, an appropriation of funds in the amount of $3,080,000 from the General Fund is requested for the construction of the Aquatic Center Project, which will be reimbursed by the Port District pursuant to the terms of the Amended and Restated MOU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Amended and Restated Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center. BE IT FURTHER RESOLVED that the City Council approves an appropriation in the amount of $3,080,000 from the General Fund to the Aquatic Center Account No. 001-409- 500-598-3816, pending the reimbursement from the San Diego Unified Port District. PASSED and ADOPTED this 6th day of August, ? . ATTEST: i hael RDella, it ROVED AS TO FORM: ii .17t_ qW'a Silva ity Att. - on Morrison, Mayor M R. y Clerk Passed and adopted by the Council of the City of National City, California, on August 6, 2013 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 W PLC I City Clerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-119 of the City of National City, California, passed and adopted by the Council of said City on August 6, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2013 AGENDA ITEM NO. 19 ITEM TITLE: A resolution of the City Council of the City of National City, 1) approving the Amended and Restated Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center wherein the Port District agrees to reimburse National City for project construction costs in an amount not to exceed $3,080,000, 2) authorizing the Mayor to execute the Amended and Restated Memorandum of Understanding, and 3) authorizing the appropriation of $3,080,000 to the Aquatic Center through the General Fund, to be reimbursed by the Port District via the terms of the Amended and Restated MOU PREPARED BY: Stephen Manganiello DEPARTMENT: Engineering PHONE: 336-4382 APPROVED BY: EXPLANATION: See attached /4X FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Appropriate $3,080,000 to Account No. 001-409-500-598-3816 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 3. Amended and Restated MOU Explanation Since 2004, the City of National City has been working cooperatively with the San Diego Unified Port District (SDUPD) to develop the National City Aquatic Center. On June 8, 2010, the Port District granted the Community Development Commission (CDC) of National City a thirty (30) year lease for the project site located on Goesno Place, with the condition that the project commenced construction before December 31, 2012. On July 8, 2011, consistent with the Cooperation Agreement between the City and the CDC dated February 15, 2011, the Port District administratively approved assignment of the lease from the CDC to the City, pursuant to the Assignment and Assumption Review and Approval. The lease was assumed and executed by the City Manager on behalf of the City. On January 11, 2013, the Port District and City entered into Amendment No. 1 to the lease, extending the date of commencement of construction to December 31, 2013. The Port District issued a Coastal Development Permit for the project (SDUPD Clerk's Document No. 57961 filed on August 10, 2011), and has additionally granted a two-year extension of the Permit through August 2, 2015. On September 13, 2011, the Port District and City entered into a Memorandum of Understanding ("MOU") regarding the project. On September 26, 2011, the Port District fulfilled its MOU obligation to transfer funds to the City in the amount of $830,000 to be used towards design and/or construction costs. On December 11, 2012, the Port District and City mutually agreed to MOU Amendment No. 1 which extended the deadline for commencement of construction to December 31, 2013. City Council approved a budget of $3.3 million in 2011 Tax Allocation Bonds for the construction of the Aquatic Center. However, due to the dissolution of redevelopment agencies statewide, the State Department of Finance has not authorized the use of these funds for construction of the Aquatic Center at this time. Therefore, the City requested that the Port District reallocate its planned financial support for a separate National City Park project to the Aquatic Center project. On July 16, 2013, the Board of Port Commissioners approved the reallocation of $3,080,000 from the National City Park project to the Aquatic Center project, pending amendments to the MOU and Lease. Staff recommends that City Council, 1) approve the Amended and Restated MOU, 2) authorize the Mayor to execute the Amended and Restated MOU, and 3) appropriate $3,080,000 to the Aquatic Center project through the General Fund, to be reimbursed by the Port District via the terms of the Amended and Restated MOU. AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER THIS AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING, made and entered into this th day of , 2013, 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,": 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 granted the Community Development Commission of National City a thirty (30) year lease for the Project's site, with the condition that the project commenced construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29, 2010 (Lease); and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, the District and City entered into an amendment to the Lease on January 11, 2013, extending the date of commencement of construction to December 31, 2013, SDUPD Clerk's Document No. 59801 filed on January 18, 2013; and WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's Document No. 57961 filed on August 10, 2011 and has additionally granted a two-year extension of the Permit through August 2, 2015; and WHEREAS, the District and the City, on the 13th day of September, 2011, entered into a Memorandum of Understanding ("MOU") regarding the Project, 1 ORIGINAL which MOU is on file in the Office of the District Clerk bearing Document No. 58060; and WHEREAS, District, on the 26th day of September, 2011, fulfilled its MOU obligation to transfer funds to City in the amount of $830,000; and WHEREAS, District and City, on the 11th day of December, 2012, mutually agreed to MOU Amendment No. 1 which extended the deadline for commencement of construction to the Project, which is on file in the Office of the District Clerk bearing Document No. 59802; and WHEREAS, City has requested the District increase its financial support for the Project by reallocating its planned financial support for a separate National City Park project to the Project; and WHEREAS, the parties have agreed to amend and restate their agreement regarding the Project in this Amended and Restated MOU. NOW THEREFORE, the parties agree that all terms of the MOU are hereby replaced in their entirely with the following: 1. City agrees to design and construct the Project. City shall advertise, award, and enter into a Construction Contract with Contractor including all construction of the Project and commence construction by December 31, 2013. District shall not be a party to Construction Contract and shall, in no way, be liable under Construction Contract to City, Contractor, or anybody. City shall complete construction of Project on or before the expiration of the Coastal Development Permit, unless the District and City mutually agree to file for an extension. 2. District agrees to contribute a total amount not to exceed $3,910,000 to the Project for design and construction as follows: (a) District shall transfer to City $830,000 to be used towards design and/or construction costs. City acknowledges that this obligation of the District has previously been satisfied in full by a transfer on September 26, 2011. (b) District shall reimburse City for Project construction costs in an amount not to exceed $3,080,000 in accordance with and subject to Section 5 herein. 3. City agrees to be solely responsible for any Project costs in excess of the $3,910,000 contribution from the District. City shall not be relieved of any obligations under this MOU due to increased expenses or cost overruns. 4. Due to the wind down of redevelopment and the California Department of Finance's refusal to recognize the Aquatic Center as an enforceable obligation of what was formerly the City's redevelopment agency, City requested District significantly increase its financial support for the Project. 2 -2- City acknowledges that, District has accommodated City's request and that District's previously planned financial support for a separate National City Park project has been reallocated to this Project. 5. District reimbursement of City's construction costs (a) District shall only reimburse City's payments to Contractor pursuant to the Construction Contract, including change orders; (b) City shall submit Contractor's pay application and City's proof of payment to District along with any request for reimbursement. (c) District shall reimburse City in the amount of the construction costs incurred by City up to the amount of the Construction Contract, but such reimbursement will not exceed $3,080,000 should the Construction Contract exceed this amount. (d) Any credits or adjustments subsequently agreed upon between City and Contractor shall be reflected in reimbursement requests to District. (e) In addition to the total not -to -exceed limit, District's reimbursement of City's construction costs shall not exceed $1.2 million in District's Fiscal Year 2013/2014 (July 1, 2013 through June 30, 2014). If City requests reimbursement exceeding $1.2 million in District's Fiscal Year 2013/2014, the amount exceeding $1.2 million may be reimbursed in District's Fiscal Year 2014/2015. (f) District's obligation to reimburse City shall not commence until City has completely spent the $830,000 previously paid by District for design and/or construction costs. City shall first provide District documentation that such has been spent. 6. Change Orders. City agrees to give District no less than five business days' notice prior to executing any change order or otherwise agreeing to an increase in contract price. In the event "unforeseen conditions" arise, or due to other conditions a change order needs to be expedited, the City may waive this notice requirement. City will notify District as soon as practicable in the event of a waiver of this provision. 7. If City fails to meet any of the deadlines in Section 1 above, City shall return all funds District has paid to City under this MOU regardless of expenses actually incurred by City related to the Project within sixty (60) calendar days. 8. 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. 3 -3- 9. 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 Councils or Board of Commissioners. 10. 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. 11.AII 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. 12. 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. 13. 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. 14.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, parties hereto have executed this Amended and Restated Memorandum of Understanding as of the day and the year first above written. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By :► /- .¢f4Y4-`5- 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. 590442 4 -4- Revised August 6, 2013 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER WHEREIN THE PORT DISTRICT AGREES TO REIMBURSE THE CITY OF NATIONAL CITY FOR PROJECT CONSTRUCTION COSTS IN AN AMOUNT NOT TO EXCEED $3,080,000, AND AUTHORIZING THE APPROPRIATION OF $3,080,000 TO THE AQUATIC CENTER ACCOUNT NO. 001-409-500-598-3816 FROM THE GENERAL FUND WHEREAS, the San Diego Unified Port District ("District") and the City of National City have worked cooperatively to develop the National City Aquatic Center ("Project"); and WHEREAS, in 2006, the District approved the Project's concept plan, and certified the Project's Port Master Plan Amendment Mitigated Negative Declaration; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission in 2006; and WHEREAS, the District granted the Community Development Commission of the City of National City ("CDC") a thirty (30) year lease for the Project's site, with the condition that the Project commenced construction before December 31, 2012, which was approved by the City through the adoption of CDC Resolution No. 2010-105, on May 18, 2010; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011- 198, entering into a Memorandum of Understanding ("MOU") with the District regarding the Project, and ratifying the Assignment by the Port and the Assumption by the City of the Lease of the property at Goesno Place in National City, the future site of the Project; and WHEREAS, the District, on the September 26, 2011, fulfilled its MOU obligation by transferring funds to City in the amount of $830,000 to be used towards design and/or construction costs for the Aquatic Center; and WHEREAS, on December 4, 2012, the City Council adopted Resolution No. 2012-229, entering into Amendment No. 1 to the MOU, and Resolution No. 2012-230 entering into Amendment No. 1 to the 30-year Lease, both of which extended the date of commencement of construction to December 31, 2013; and WHEREAS, the District issued the Project's Coastal Development Permit and has additionally granted a two-year extension of the Permit through August 2, 2015; and WHEREAS, the former Redevelopment Agency to the Community Development Commission issued tax allocation bonds in 2011, of which $3.3 Million of the 2011 Tax Allocation Bonds were budgeted for the construction of the Aquatic Center, but due to the dissolution of redevelopment agencies statewide, the State Department of Finance denied the use of these funds for construction; and Revised August 6, 2013 Resolution No. 2013 — Page Two WHEREAS, because the 2011 Tax Allocation Bonds cannot be used for the Project, the City requested that the Port District reallocate its planned financial support for a separate park project in National City to the Aquatic Center Project; and WHEREAS, on July 16, 2013, the Board of Port Commissioners approved the allocation of $3,080,000 from a separate park project in National City to the Aquatic Center Project, pending amendments to the MOU and Lease Agreement; and WHEREAS, an appropriation of funds in the amount of $3,080,000 from the General Fund is requested for the construction of the Aquatic Center Project, which will be reimbursed by the Port District pursuant to the terms of the Amended and Restated MOU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Amended and Restated Memorandum of Understanding between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center. BE IT FURTHER RESOLVED that the City Council approves an appropriation in the amount of $3,080,000 from the General Fund to the Aquatic Center Account No. 001-409- 500-598-3816, pending the reimbursement from the San Diego Unified Port District. PASSED and ADOPTED this 6th day of August, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor Unified Port of San Diego Applicant: 3165 Pacific Highway, San Diego, CA 92101 P.O. Box 120488, San Diego, CA 92112-0488 619.686.6200 x. www.portofsandiego.org COASTAL DEVELOPMENT PERMIT AMENDMENT San Dieoe Unified Port District Leslie Deese, City Manager Document P!o. . 6 0 6 City of National City 1243 National City Boulevard National City, CA 91950 Project: NATIONAL CITY AQUATIC CENTER Location: 'riled AUG 01. 2013 0111c.2 of the i istr ct Clerk Southeast corner of Pepper Park, south of W 32nd Street, west of National City Marina, south of southern terminus of Goesno Place, in National City, California You are hereby granted an Amendment to Coastal Development Permit (CDP) Number CDP-2011-01. The original CDP, Document No. 57961, was issued to the Applicant on August 2, 2011, in conformance with the California Coastal Act of 1976 and the CDP Regulations of the San Diego Unified Port District. This Amendment grants the Applicant a two-year time extension for commencing construction of the proposed project to August 2, 2015. The District has determined that the CDP Amendment is an immaterial change to the permit, and is consistent with the certified Port Master Plan. If you have any questions on this permit amendment, please contact the Environmental and Land Use Management Department of the San Diego Unified Port District at (619) 686- 6283. WAYNE DARBEAU President/Chief Executive Officer By: JA ON H. GIFFEN D' ector, Environm tal and Land Use Management I have read and understand the terms, conditions, limitations, and provisions of this permit amendment and agree to abide by them. Signature ofPermittee Leslie Deese, City Manager, City of National City `111$I13 Date San Diego Unified Port District Ow- Pro - Unified Port of San Diego SAN DIEGO UNIFIED PORT DISTRICT Environmental & Land Use Management Department P.O. BOX 120488 SAN DIEGO, CA 92112-0488 (619) 686-6283 Fax: (619) 686-6508 LETTER OF TRANSMITTAL Via US Mail Date: August 2, 2013 To: Steve Manganiello City of National City 1243 National City Boulevard National City, CA 91950 Et E1VEU ENGIREERIND DEPT. an AU6 -5 A fl: 42 Subject: Amendment to Coastal Development Permit for National City Aquatic Center ❑ For Your Review ❑ For Your Approval ❑ Per Your Request ❑ For Your Comment ® For Your Records ❑ For Your Signature Hi Steve: Enclosed is a documented duplicate original of the Amendment to Coastal Development Permit for the National City Aquatic Center. This amendment grants a two year time extension for the commencement of construction of the aquatic center to August 2, 2015. If you have any questions or require additional information, please call me at (619) 686-7263 or email me at abuzaiti©portofsandiego.org. Sincerely, ANNA BUZAITIS Associate Redevelopment Planner Or- Pro - Unified Port of San Diego 3165 Pacific Highway, San Diego, CA 92101 P.O. Box 120488, San Diego, CA 92112-0488 619.686.6200 • wwvv.cortotsandiego.org September 19, 2013 VIA US MAIL 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: Amended and Restated Memorandum of Understanding Between San Diego Unified Port District and the City of National City Regarding the National City Aquatic Center between the San Diego Unified Port District and City of National City, dated September 6, 2013, bearing District Document No. 60744. Enclosed is the executed Duplicate Original of the above referenced document. 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/mnh Enclosure SDUPD Docs No. 599976 San Diego Unified Port District