HomeMy WebLinkAbout2013 CON San Diego Port District - National City Aquatic Center - Amendment #2 LeaseSan Diego Unified Poorrt,I istri�t �
Document No. (8 ��
Filed SEP 2 3 2013
Office of the District Clerk
SAN DIEGO UNIFIED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF LEASE
AMENDMENT NO. 2
THIS AGREEMENT, made and entered into this 13th day of August , 2013 ,
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, on the 11th day of January, 2013, mutually agreed to
amend the commencement of construction of improvements to the National City Aquatic
and Recreation Center (Project), which Amendment No. 1 is on file in the Office of the
District Clerk bearing Document No. 59801; and
WHEREAS, Lessor and Lessee, concurrently with this Amendment No. 2, are amending the
MOU; and
WHEREAS, Lessor and Lessee are mutually desirous of amending said Lease;
1
Duplicate Original
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. Paragraph 6, TITLE TO IMPROVEMENTS, is hereby amended to add the following to the
end of Paragraph 6:
Notwithstanding anything to the contrary, title to the improvements constructed in
accordance with Paragraph 5 shall vest in Lessor. Lessee agrees to execute all
documents necessary to vest such title. Once constructed, the improvements
constructed by Lessee in accordance with Paragraph 5 herein shall become part of the
Leased Premises. Solely for the purpose of Paragraph 29 herein, the improvements to
be constructed by Lessee in accordance with Paragraph 5 herein, shall be considered
Lessee -owned improvements.
B. Paragraph 27, POLICY OF LESSOR, is renamed COMPLIANCE WITH PREVAILING
WAGE LAWS, and is completely replaced as follows:
27. COMPLIANCE WITH PREVAILING WAGE LAWS: Lessee acknowledges and
agrees that: (1) it is the sole and exclusive responsibility of the Lessee, and not Lessor, to
ensure that all persons and/or entities who provide any labor, services and/or equipment in
connection with any construction or work of improvement on any land or water areas
occupied by Lessee, shall comply with the requirements of California's prevailing wages
laws (the "PWL"); and (2) it is the sole and exclusive responsibility of Lessee, and not
Lessor, to determine whether such construction or work of improvement is subject to the
PWL by obtaining a determination by means that do not involve Lessor. If such construction
or work of improvement is determined to be subject to the PWL, Lessee shall comply with
all applicable provisions of the PWL, and shall ensure that all persons and/or entities who
provide any labor, services, equipment and/or materials in connection with such
construction or work of improvement shall likewise comply with all applicable provisions of
the PWL.
Lessee further acknowledges and agrees that Lessee's failure to comply with all applicable
provisions of the PWL, and ensure that all persons and/or entities who provide any labor,
services, equipment and/or materials in connection with such construction or work of
improvement shall likewise comply with all applicable provisions of the PWL, will render
Lessee, and not Lessor, liable for all remedies (inclusive of all applicable fines and
penalties), afforded by law as a consequence of such non-compliance. Lessee expressly
agrees to defend, indemnify and hold Lessor harmless, for any claim, demand, liability, loss,
damage, cost, expense (including all attorneys' and consultant/expert fees), award, fine,
penalty or judgment arising out of, in connection with, or in any way related to the PWL
(collectively "PWL Claim"), except for any PWL Claim arising out of the sole negligence or
willful misconduct of Lessor. Lessee's obligation to defend Lessor hereunder shall arise
regardless of the merits of any PWL Claim, and shall continue until such PWL Claim has
been resolved by way of a final judgment or settlement, which ever may last occur.
Lessee's obligations hereunder are in addition to Lessee's indemnity obligations under
Paragraph 22 of this Lease, and all such indemnity obligations shall survive the termination
2
of this Lease and shall extend to any PWL Claim that may arise after the termination of the
Lease, as well as while it is in force.
DATED: A030 t ") , 20 t3
Port Attorney
By
Pep Porn ,¢/,0v-ww, ,
Simon Kann
APPROVED AS TO FORM:
By
I: * is G. Silva
City A , rtiney
SDUPD Doc. No. 590461
SAN DIEGO UNIFIED PORT DISTRICT
By
Karen J. Weyann
Director, Real Estate
CITY OF NATIONAL CITY
Ron Morrison
Mayor
3
(FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT)
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
On i�l t.^F / c�?f,/.3 before me, e.�,e. 1/c�iJ,IAJ
Notary Public, personally appeared 'eA ' � rr� r✓N
who proved to me on the basis of satisfactory evidence
to be the person z) whose
name(e) is/ar-e- subscribed to the within instrument and acknowledged to me that
fie/she/they executed the same in 4 /her/their authorized capacity,(iesl, and that by
#is/her/theif signatureks1 on the instrument the person(s), or the entity upon behalf of
which the personas') 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 =t- d and official eat.
Signature (Seal)
BARBARA Y. DUNN
COMM. 01891150
NOTARY PUBLIC • CALIFORNIA
SAN DIEGO COUNTY
CommiNior eon 27, 2014
Though the information below is not required by taw, 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
to Individual
t Corporate Officer--Title(s):_
o Partner -• o Limited (3 General
• Attorney in Fact
n Trustee
Guardian or Conservator
Li Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name
Li Individual
n Corporate Officer--Titte(s):._...
n, Partner -- n Limited n General
❑ Attorney in Fact
o Trustee
Guardian or Conservator
o Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
4
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
}
}
On August 7, 2013 before me, MICHAEL R. DALLA, City Clerk personally
appeared RON MORRISON, MAYOR who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to on the
attached instrument, and acknowledged to me that he executed the same in his
authorized capacity, and that by his 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
ichael R. Dal a — City Clerk
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 6.50 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.
Ali 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.
Zi•o8
Charles J../SefkOw Date
L.S.'7876 Expires 31 Dec. 2008
Land Surveyor
San Diego Unified Port District
EXHIBIT "A"
56735
\ 000 nogg k
ffDCNIJAYGS5
527-001
2D' WATER
ESMT.
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
COORDINATE SYSTEM ZONE 6, NAD 83,
EPOCH 1991.35.
DRAWN.DAW VAOUEZ
CHECKED. ,UMVA
REVEWEv/ PiVart,riticrA.
0
S83'38'48"W
22.89'
028-010
028-010 \ MARINA GROUP,
PIER 32
PIER 1
MARINA GROUP,‘‘ PARCEL N0.2
LLC. PARCEL N0.1
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
HprlN �
ERG
sWP 205.00'TO�
OF SWEETWATER
DATA TABLE RIVER CHANNEL
S70'38'59"E-383.59'(CALC. GRAPHIC SCALE
1
) 0 10' 20' 40'
0 N33'22'53"W-60.00'
1" 30 N72'06'01 "E-87.30' 1" = 40'
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. 028-010
DRAWING NO.
SHEET 1OF 2
028-025
56735
N72'06'01"E
87.30'
028-010
PIER 32
MARINA GROUP, LLC.
PARCEL NO. 1
A=11719'21"
L=44.23'
R=21.60'
•"S87'07'50"
N83 11 22 W(R) : ..
jN72'06'01"E:::.:.
}. 10.00';:: - +............:.: S1 T53'59
:..:8.5u :.::,
•
... .... 1.85' y; ::. �.-::.::-:::::::::::::.-:.-::.ii•r?iii:i' 4.20':iPi N720601 E
8412 SQ.FT
•
• :•�rr:i:::'T53'59"E:::.•::::iti:ii:::•:...:i.0.19 .....
S1
\ 028-010
PARCEL NO. 2
A=29.08'47"
L=18.98'
R=37.30'
.......................................
......... _...................v.., w,,..w. ' ' ....
GRAPHIC SCALE
0 5' 10' 15'
1" 15'
•
DETAIL
SCALE: 1"=15'
NBT07'02"W
4.57'
S26'43'14 E\
4.08'
N72.06'01 "E
3.80'
DRAWRIaitYIN VASOUFZ
CHECKED A5,.41(7?WII .
REVIEWED 'I4444xM
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND LEASE
WITHIN CORPORATE UMFTS OF NATIONAL CITY
CITY OF NATIONAL CITY
AQUATIC CENTER
EXHIBIT "6"
DATE SEPT. 12. 2008
SCALE 1"... 15'
REF. 028-010
DRAWING NO.
SHEET 2.OF 2
028-025
56735
co
a
rn
O
N
O
01
N
N
0
col
0
CO
(.4
W
a
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
September 17, 2013
Ms. Kelly Moden
Asset Manager
Real Estate
San Diego Unified Port District
P.O. Box 120488
San Diego, CA 92112-0488
Re: Notarization of Agreement for Amendment of Lease Amendment No. 2
Dear Ms. Moden,
Enclosed are two fully executed original Agreement for Amendment of Lease
Amendment No. 2, which have been notarized on our behalf per your request.
After processing, please return a fully executed original Amendment to us for our
files.
Sincerely,
4,
Michael R. Da la, CMC
City Clerk
Enclosures
OsP-
Unified Port
of San. Diego
September 13, 2013
Stephen Manganiello
City Engineer
City of National City
Engineering Division
Development Services Department
1243 National City Boulevard
National City, CA 91950
Dear Mr. Manganiello:
3165 Pacific Highway, San Diego, CA 92101
P.O. Box 120488, San Diego, CA 92112-0488
619.686.6200 • www.portofsandiego,org
Re: Notarization of Agreement for Amendment of Lease Amendment No.2
Enclosed are two copies of the above -referenced document for your use of District
tidelands. Although all parties have signed off on this letter, both "Original" and "Duplicate
Original" must be notarized on your behalf.
Following processing, the copy of Agreement for Amendment of Lease Amendment No.2
marked "Duplicate Original," signed by both parties, will be returned to you.
If you have any questions, please contact me at (619) 686-6507 or via email to
kmoden@portofsandiego.org.
Sincerely,
Kelly Moden
Asset Manager
Real Estate
KM/mnh
Enclosures (2)
SDUPD Docs. No. 599248
San Diego Unified Port District
RESOLUTION NO. 2013 — 120
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
AMENDMENT OF LEASE AMENDMENT NO. 2 BETWEEN
THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY
OF NATIONAL CITY REGARDING THE AQUATIC CENTER PROJECT
WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011-
198, entering into a Memorandum of Understanding ("MOU") with the District regarding the
Aquatic Center Project (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, 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 which extended the date of commencement
of construction to December 31, 2013; and
WHEREAS, the District is desirous of amending said Lease to amend Paragraph
6, TITLE TO IMPROVEMENTS, and amending the title of Paragraph 27 from "POLICY OF
LESSOR" to "COMPLIANCE WITH PREVAILING WAGE LAWS", and amending Paragraph 27
in its entirety; and
WHEREAS, the City and District, concurrently with this Amendment No. 2, are
amending the MOU.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement for Amendment of Lease
Amendment No. 2 between the San Diego Unified Port District and the City of National City for
the National City Aquatic Center to amend Paragraph 6, TITLE TO IMPROVEMENTS, to amend
the title of Paragraph 27 from "POLICY OF LESSOR" to "COMPLIANCE WITH PREVAILING
WAGE LAWS", and to amend Paragraph 27 in its entirety.
PASSED and ADOPTED this 6th day of August,
on Morrison, Mayor
ATTEST:
Michael R. Dalla, ity Clerk
RO ED AS TO FORM:
Claudia Ga"itua Silva
City Attorn
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
A
City Jerk 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. 2013-120 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. 20
ITEM TITLE:
A resolution of the City Council of the City of National City approving Amendment No. 2 to the Aquatic
Center Lease Agreement between the San Diego Unified Port District and the City of National City,
and authorizing the Mayor to execute Amendment No. 2 to the Lease Agreement
PREPARED BY: Stephen Manganiello
PHONE: 336-4382
EXPLANATION:
See attached
DEPARTMENT: Engineering
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
No financial impact
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Explanation
2. Resolution
3. Amendment No. 2 to Lease Agreement
-�'
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 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.
On July 16, 2013, at the request of the City, 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. Based on the reallocation of
funds for construction, the Lease must be amended to include language regarding
compliance with prevailing wage laws.
In addition, the attached Amendment No. 2 to the Lease Agreement includes language
vesting title to the improvements constructed to the Port District. Once the City
completes construction of the improvements, they shall become part of the Leased
Premises.
Staff recommends that City Council approve Amendment No. 2 to the Aquatic Center
Lease Agreement between the San Diego Unified Port District and the City of National
City, and authorize the Mayor to execute Amendment No. 2 to the Lease Agreement.
SAN DIEGO UNIFIED PORT DISTRICT
AGREEMENT FOR AMENDMENT OF LEASE
AMENDMENT NO. 2
THIS AGREEMENT, made and entered into this day of , 20,
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, on the 11th day of January, 2013, mutually agreed to
amend the commencement of construction of improvements to the National City Aquatic
and Recreation Center (Project), which Amendment No. 1 is on file in the Office of the
District Clerk bearing Document No. 59801; and
WHEREAS, Lessor and Lessee, concurrently with this Amendment No. 2, are amending the
MOU; and
WHEREAS, Lessor and Lessee are mutually desirous of amending said Lease;
1
-1-
ORIGINAL
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. Paragraph 6, TITLE TO IMPROVEMENTS, is hereby amended to add the following to the
end of Paragraph 6:
Notwithstanding anything to the contrary, title to the improvements constructed in
accordance with Paragraph 5 shall vest in Lessor. Lessee agrees to execute all
documents necessary to vest such title. Once constructed, the improvements
constructed by Lessee in accordance with Paragraph 5 herein shall become part of the
Leased Premises. Solely for the purpose of Paragraph 29 herein, the improvements to
be constructed by Lessee in accordance with Paragraph 5 herein, shall be considered
Lessee -owned improvements.
B. Paragraph 27, POLICY OF LESSOR, is renamed COMPLIANCE WITH PREVAILING
WAGE LAWS, and is completely replaced as follows:
27. COMPLIANCE WITH PREVAILING WAGE LAWS: Lessee acknowledges and
agrees that: (1) it is the sole and exclusive responsibility of the Lessee, and not Lessor, to
ensure that all persons and/or entities who provide any labor, services and/or equipment in
connection with any construction or work of improvement on any land or water areas
occupied by Lessee, shall comply with the requirements of California's prevailing wages
laws (the "PWL"); and (2) it is the sole and exclusive responsibility of Lessee, and not
Lessor, to determine whether such construction or work of improvement is subject to the
PWL by obtaining a determination by means that do not involve Lessor. If such construction
or work of improvement is determined to be subject to the PWL, Lessee shall comply with
all applicable provisions of the PWL, and shall ensure that all persons and/or entities who
provide any labor, services, equipment and/or materials in connection with such
construction or work of improvement shall likewise comply with all applicable provisions of
the PWL.
Lessee further acknowledges and agrees that Lessee's failure to comply with all applicable
provisions of the PWL, and ensure that all persons and/or entities who provide any labor,
services, equipment and/or materials in connection with such construction or work of
improvement shall likewise comply with all applicable provisions of the PWL, will render
Lessee, and not Lessor, liable for all remedies (inclusive of all applicable fines and
penalties), afforded by law as a consequence of such non-compliance. Lessee expressly
agrees to defend, indemnify and hold Lessor harmless, for any claim, demand, liability, loss,
damage, cost, expense (including all attorneys' and consultant/expert fees), award, fine,
penalty or judgment arising out of, in connection with, or in any way related to the PWL
(collectively "PWL Claim"), except for any PWL Claim arising out of the sole negligence or
willful misconduct of Lessor. Lessee's obligation to defend Lessor hereunder shall arise
regardless of the merits of any PWL Claim, and shall continue until such PWL Claim has
been resolved by way of a final judgment or settlement, which ever may last occur.
Lessee's obligations hereunder are in addition to Lessee's indemnity obligations under
Paragraph 22 of this Lease, and all such indemnity obligations shall survive the termination
2
-2-
of this Lease and shall extend to any PWL Claim that may arise after the termination of the
Lease, as well as while it is in force.
DATED:
, 20
Port Attorney SAN DIEGO UNIFIED PORT DISTRICT
By v �r By
Dept, i.y OA /R*h✓ 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. 590461
3
-3-
(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 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
o Individual
u Corporate Officer--Title(s):
u Partner -• o Limited n General
ri Attorney in Fact
r, Trustee
Guardian or Conservator
Other:
Signer is Representing:
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OF SIGNER
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Signer's Name
Individual
ro Corporate Officer--Titte(s)'__._,.,._
ri Partner -- n Limited n General
❑ Attorney in Fact
o Trustee
n Guardian or Conservator
n Other:
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4
-4-
(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 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
u Individual
r., Corporate Officer--Title(s):
u Partner -- u Limited o General
o Attorney in Fact
r, Trustee
r_ Guardian or Conservator
c Other:
Signer is Representing:
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o Individual
❑ Corporate Officer—Title(s):__.,_,
e Partner -- n Limited n General
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5
-5-
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./SefkOw Date.
L.S.'7876 Expires 31 Dec. 2008
Land Surveyor
San Diego Unified Port District
EXHIBIT "A"
56'735
ql
-6-
\\\
527-001
2D' WATER
ES MT.
E STI G
S ER LINE
3" DIA. BRASS DISK MON.
STAMPED "SDUPD-020" AS
SHOWN ON R.O.S. 16668:
RAMP
BOAT LAUNCH
FACILITY
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
COORDINATE SYSTEM ZONE 6, NO 83,
EPOCH 1991.35.
DRA VAOUEZ
H6GKED4G
RZWAW Jo' R tgn.tarrz4
72
028-010
028-010 \ PIER 32
\MARIN
PIER 32 , ROUP,
LLC.
, MARINA GROUP, . PARCEL NO.2
\
LLC.
PARCEL NO.1
528-003
SDG&E
EASEMENT
S83'38'48"W
22.89'
DETAIL
(SEE SHEET 2 OF 2)
560'33'14"W
41.02'
SWEETWATER RIVER
CHANNEL LIMIT
PER CALTRANS
RIGHT OF WAY
MAP NO. 49503
DATED DEC. 1983
C E
P 205.00' TO Pall
' - — 9w OF SWEETWATER
DATA TABLE RIVER CHANNEL
GRAPHIC SCALE
Q S70'38'59"E-383.59'(CALC.) 0 10. 20. 40.
O N33'22'53"W-60.00'
30 N72'06'01"E-87.30' 1" = 40'
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'
FEE, 028-010
DRAWING NO.
SHEET IOF -
028-025
56735
-7-
00,07H2O
FORMIHNOff
N72'06'01 "E
87.30'
N33' 14'07"E
D.85'
028-010
PIER 32.
MARINA GROUP, LLC.
PARCEL NO. 1
A=11719'21"
L=44.23'
R=21.60'
,s5
8,412 SQ. IZ • S7Z os'01
ACRE)... •
•
;;EASME NT,t,IMIT.,UNE..OF.:::::::::::..:........:..:�:`�
•s:• COUNTY OF SAN DIEGO•i:i:citirFi :{i:?:::c.:'.
(DOC. NO. 17271;:
::: FILED AUG. 30, 1984);•:i:i::i::::r,
GRAPHIC SCALE
0 5' 10' 15'
1" = 15'
DETAIL
SCALE: 1"=15'
\ 028-010
PARCEL NO. 2
0=29'08'47'
L=18.98'
R=37.30'
N87'07'02"W
4.57'
S26'43'14"E\
4.08'
N72'06'01 "E
3.80'
Y
DRAWN.DARWIN +VASQUEZ
C ECKEDVf1—
p da a d. ..•
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"=15'
REF 028-010
DRAWING NO.
SHEET 2.0F 2
028-025
56735
RESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
AMENDMENT OF LEASE AMENDMENT NO. 2 BETWEEN
THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY
OF NATIONAL CITY REGARDING THE AQUATIC CENTER PROJECT
WHEREAS, on September 6, 2011, the City Council adopted Resolution 2011-
198, entering into a Memorandum of Understanding ("MOU") with the District regarding the
Aquatic Center Project (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, 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 which extended the date of commencement
of construction to December 31, 2013; and
WHEREAS, the District is desirous of amending said Lease to amend Paragraph
6, TITLE TO IMPROVEMENTS, and amending the title of Paragraph 27 from "POLICY OF
LESSOR" to "COMPLIANCE WITH PREVAILING WAGE LAWS", and amending Paragraph 27
in its entirety; and
WHEREAS, the City and District, concurrently with this Amendment No. 2, are
amending the MOU.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Agreement for Amendment of Lease
Amendment No. 2 between the San Diego Unified Port District and the City of National City for
the National City Aquatic Center to amend Paragraph 6, TITLE TO IMPROVEMENTS, to amend
the title of Paragraph 27 from "POLICY OF LESSOR" to "COMPLIANCE WITH PREVAILING
WAGE LAWS", and to amend Paragraph 27 in its entirety.
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