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HomeMy WebLinkAbout2014 CON San Diego Port District - National City Aquatic Center - Construction Staging TUP - Amendment #1NOTE TO FILE 04-28-16 IN THE MATTER OF: Authorizing the Mayor to execute an Agreement for Amendment of Temporary Use Permit — Amendment No. 1, prepared by the San Diego Unified Port District, to extend the term of the Permit to November 29, 2015, to allow for construction staging on Port District land during construction of the National City Aquatic Center (Waterfront Adventure Center). Please note the following: NO FULLY EXECUTED ORIGINAL AMENDMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: NTF CDC _ Housing & Grants City Attorney Human Resources City Manager MIS Community Svcs. _ Planning X Engineering Police Finance Public Works Fire AGREEMENT FOR AMENDMENT OF TEMPORARY USE PERMIT AMENDMENT NO. 1 THIS AGREEMENT, made and entered into this day of by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District", and CITY OF NATIONAL CITY NATIONAL CITY, a municipal corporation, hereinafter called "Tenant", WITNESSETH: WHEREAS, District and Tenant, on the 10th day of April 2014, entered into a Temporary Use Permit "Permit", of certain tidelands in the City of National City, California, which Permit is on file in the Office of the Clerk of District bearing Document No. 61654; and WHEREAS, District and Tenant are mutually desirous of amending said Permit. NOW THEREFORE, for valuable consideration, said Permit is hereby amended in the following respects and no others, and except as expressly amended, all terms, covenants and conditions of said Lease shall remain in full force and effect: A. Said Permit is amended by deleting therefrom Paragraph 1, and substituting in lieu thereof Paragraph 1 as follows: The term of this Permit shall be for two (2) years commencing on the 30th day of November, 2013, and ending on the 29th day of November, 2015, unless sooner terminated as herein provided. APPROVED AS TO FORM AND SAN DIEGO UNIFIED PORT LEGALITY: DISTRICT By: By: Deputy General Counsel Joel Valenzuela Director, Maritime Operations APPROVED AS TO FORM: THE CITY OF NATIONAL CITY By: laudia G. Sil a City Attor ey SDUPD D2 No. 937426 By: Ron Morrison Mayor RESOLUTION NO. 2014 — 157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR AMENDMENT OF TEMPORARY USE PERMIT — AMENDMENT NO. 1, PREPARED BY THE SAN DIEGO UNIFIED PORT DISTRICT, TO EXTEND THE TERM OF THE PERMIT TO NOVEMBER 29, 2015, TO ALLOW FOR CONSTRUCTION STAGING ON PORT DISTRICT LAND DURING CONSTRUCTION OF THE NATIONAL CITY AQUATIC CENTER (WATERFRONT ADVENTURE CENTER) WHEREAS, on April 10, 2014, the San Diego Unified Port District granted a Temporary Use Permit ("TUP") to the City of National City to allow for construction staging on approximately 18,050 square feet of Port District land surrounding the National City Aquatic Center (Waterfront Adventure Center); and WHEREAS, based on the current construction schedule, the term of the TUP needs to be extended to November 15, 2015. 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 Temporary Use Permit — Amendment No. 1, prepared by the San Diego Unified Port District, to extend the term of the Permit to November 15, 2015, to allow for construction staging on Port District land during construction of the National city Aquatic Center (Waterfront Adventure Center). PASSED and ADOPTED this 18th day of November, 2014. gn Mayor ATTEST: Michael R. Dalla, City Clerk PPROVED TO FO Claudia aci ua Silva City Att• ne Passed and adopted by the Council of the City of National City, California, on November 18, 2014 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 IA,t,ZAjAP/ City erk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-157 of the City of National City, California, passed and adopted by the Council of said City on November 18, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT CQO‘y•$ MEETING DATE: November 18, 2014 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for Amendment of Temporary Use Permit — Amendment No. 1, prepared by the San Diego Unified Port District, to extend the term of the Permit to November 29, 2015 to allow for construction staging on Port District land during construction of the National City Aquatic Center (Waterfront Adventure Center) PREPARED BY: Stephen Manganiello DEPARTMENT: Engineering/Public Works PHONE: 336-4382 EXPLANATION: APPROVED BY: On April 10, 2014, the City of National City and the San Diego Unified Port District entered into a Temporary Use Permit (TUP) to allow for construction staging on approximately 18,050 square feet of Port District land surrounding the National City Aquatic Center (Waterfront Adventure Center). Refer to attached Drawing No. 028-029 dated October 25, 2013 of the original TUP for delineation of permit area. Based on the current construction schedule, the term of the TUP needs to be extended. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the Mayor to execute the Agreement to amend the TUP BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Agreement for Amendment of TUP — Amendment No. 1 2. Original TUP 3. Resolution :.rc‘40 v,o, QC‘`-1" Ffl J TEMPORARY USE PERMIT San EVQo Unified Port District Document No. 61654 APR 10 2014 Cffica of the bisLtrtet Cierk THIS PERMIT, granted this 18th day of March , 2014 , by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," to CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "Permittee," WITNESSETH: District for the considerations hereinafter set forth, hereby grants to Permittee upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California, entitled "San Diego Unified Port District Act," Stats. 1962, 1st Ex. Sess., c. 67, as amended, which lands are generally described as follows: Approximately 18,050 square feet of land surrounding the National City Aquatic Center located on Goesno Place in National City, California, more particularly delineated on Drawing No. 028-029 dated October 25, 2013, attached hereto and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. The term of this Permit shall be for eleven (11) months, commencing on the 30th day of November, 2013, and ending on the 31st day of October, 2014, unless sooner terminated as herein provided. 2. As for the consideration, for the benefit of visitors and the community, Permittee has been granted access to the above described premises for purposes of construction staging during the construction period of the National City Aquatic Center. 1 Duplicate Original -2- AGREEMENT FOR AMENDMENT OF TEMPORARY USE PERMIT AMENDMENT NO. 1 THIS AGREEMENT, made and entered into this day of , 20 , by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," and CITY OF NATIONAL CITY, a municipal corporation hereinafter called "Tenant," WITNESSETH: WHEREAS, District and Tenant, on the 10th day of April 2014, entered into a Temporary Use Permit, "Permit" of certain tidelands in the city of National City, California, which Permit is on file in the Office of the Clerk of District bearing Document No. 61654; and WHEREAS, District and Tenant are mutually desirous of amending said Permit; NOW THEREFORE, for valuable consideration, said Permit is hereby amended in the following respects and no others, and except as expressly amended, all terms, covenants and conditions of said Lease shall remain in full force and effect: A. Said Permit is amended by deleting therefrom Paragraph 1, and substituting in lieu thereof Paragraph 1 as follows: The term of this Permit shall be for two (2) years commencing on the 30th day of November, 2013, and ending on the 29th day of November, 2015, unless sooner terminated as herein provided. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT By: By: Deputy General Counsel Joel Valenzuela Director, Maritime Operations SDUPD D2 No. 937426 THE CITY OF NATIONAL CITY By: Signature PRINT NAME: Ron Morrison PRINT TITLE: Mayor -1- 3. The above -described premises shall be used only and exclusively for the purpose of construction staging during the construction of the National City Aquatic Center and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each instance. 4. Permittee agrees that in all activities on or in connection with the above - described premises, and in all uses thereof, Permittee shall abide by and conform to all laws and regulations. Said laws and regulations shall include, but are not limited to those prescribed by the San Diego Unified Port District Act; any ordinances of the cities in which the above -described premises are located, including the Building Code thereof; any ordinances and general rules of District, including tariffs; and any applicable traffic regulations and applicable laws whether municipal, state, or federal, as any of the same now exist or may hereafter be adopted or amended. In particular and without limitation, Permittee shall have the sole and exclusive obligation and responsibility to comply with the requirements of: (i) Article 10 of District Code entitled "Stormwater Management and Discharge Control," and (ii) the Americans With Disabilities Act of 1990, including but not limited to regulations promulgated thereunder, and District shall have no such obligations or responsibilities as to the above -described premises. 5. Tenant acknowledges and agrees that: (1) it is the sole and exclusive responsibility of the Tenant, and not District, 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 Tenant, shall comply with the requirements of California's prevailing wages laws (the "PWL"); and (2) it is the sole and exclusive responsibility of Tenant, and not District, to determine whether such construction or work of improvement is subject to the PWL by obtaining a determination by means that do not involve District. If such construction or work of improvement is determined to be subject to the PWL, Tenant 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. 6. Permittee shall keep the property and all equipment used in connection with this Permit in a clean, safe, sound and presentable condition at all times. 7. Permittee acknowledges prior examination of the premises and the condition thereof, and agrees that the improvements thereon, if any, are, in their present condition, satisfactory and usable for Permittee's purposes and that no representations as to value or condition have been made by or on behalf of the District. Permittee agrees to restore the premises to the same or better condition as when first occupied by Permittee. 2 -3- Permittee agrees that it shall make no changes or alterations in the premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Permittee further agrees to provide proper containers for trash and to keep the premises free and clear of rubbish, debris, and litter at all times. 8. On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the above -described premises are owned by and title thereto is vested in District. All structures, buildings, installations, and improvements placed on the above -described premises by Permittee subsequent to the commencement date of the term of this Permit shall at the option of District be removed by Permittee at Permittee's expense within ten (10) days after the expiration of the term of this Permit or sooner termination thereof. District may exercise said option as to any or all of the structures, buildings, installations, and improvements, either before or after the expiration or sooner termination of this Permit. If District exercises such option and Permittee fails to remove such structures, buildings, installations, and improvements within said ten (10) days, District shall have the right to have such structures, buildings, installations, and improvements removed at the expense of Permittee. As to any or all structures, buildings, installations, and improvements owned by Permittee for which District does not exercise said option for removal, title thereto shall vest in District, without cost to District and without payment to Permittee. Machines, appliances, equipment, and trade fixtures of any kind now existing or hereafter placed on the above -described premises by Permittee are owned by and title thereto is vested in Permittee and shall be removed by Permittee within ten (10) days after the expiration of the term of this Permit or sooner termination thereof; provided, however, Permittee agrees to repair any and all damage occasioned by the removal thereof. If any such machines, appliances, equipment, and trade fixtures are not removed within ten (10) days after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to District and without payment to Permittee, except that District shall have the right to have the same removed at the expense of Permittee. During any period of time employed by Permittee under this Paragraph to remove structures, buildings, installations, improvements, machines, appliances, equipment and trade fixtures, Permittee shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 9. Permittee hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within ten (10) days all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the area forming a part of or 3 -4- adjacent to the above -described premises, so as to restore the premises to the same or better condition as when first occupied by Permittee; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within ten (10) days by Permittee, District may remove, sell, or destroy the same at the expense of Permittee; and Permittee hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not removed shall become the property of District. During any period of time employed by Permittee under this paragraph to remove ships, vessels, barges, hulls, debris, surplus and salvage materials, Permittee shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 10. This Permit may be canceled by Executive Director of District or his duly authorized representative or Permittee by the giving of twenty-four (24) hours' notice in writing to the other party. Such cancellation shall be without liability of any nature. 11. This Permit shall not be transferred or assigned. 12. Permittee shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, or demands arising directly or indirectly out of the obligations undertaken in connection with this Permit, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Permittee indemnify and hold harmless District for any actions of Permittee or District, except for those arising out of the sole negligence or willful misconduct of District, including but not limited to claims based upon District's alleged breach of any statutory duty or obligation, or Permittee's duty under contracts with third parties. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Permittee's use, occupancy, or operation of the above -described premises, or arising from any defect in any part of said premises. 13. Permittee shall not engage in any activity on property of District other than the activity for which this Permit is expressly issued. 14. Permittee shall be subject to and comply with any special conditions attached hereto. 15. Permittee shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal 4 -5- injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Permittee, of any person acting for it or under its control or direction, or any person authorized by it to use the rented premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Permittee. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original. endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name, District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Permittee's insurance is primary and not excess or contributing to any insurance issued in the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, the Permittee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Permittee to obtain insurance sufficient in coverage, form and amount to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. 5 -6- District shall notify Permittee in writing of changes in the insurance requirements and, if Permittee does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Permittee, and District shall be entitled to all legal remedies. The procuring of such required policies of insurance shall not be construed to limit Permittee's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance, Permittee shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Permit or with the use or occupancy of the rented premises. 16. In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 17. Permittee shall comply with all requirements and directives of the Executive Director of District. 6 -7- 18. By signing this Permit, Permittee represents and warrants that it has independently inspected the premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the premises. Permittee agrees it is relying solely on such independent inspection, tests, investigations and observations in making this Permit. Permittee also acknowledges that the premises are in the condition called for by this Permit, that District has performed all work with respect to premises and that Permittee does not hold District responsible for any defects in the premises. Permittee furthermore accepts and shall be responsible for any risk of harm to any person and property, including without limitation employees of Permittee, from any latent defects in the premises. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By nr-Qt,ITY PORT ATTORNEY By J4.4.,...d •�Jcr�w+�tvti- Koren J. Weyrrtarnt £Ague 0.Svh4er Director, Real Estate Permittee hereby accepts this Permit and agrees to comply with all the terms and conditions thereof. SDUPD D2 No. 858607 THE CITY OF NATIONAL CITY By Signature PRINT NAME: Ron Morrison PRINT TITLE: Mayor 7 -8- PARKING AREA 028-010 PIER _ 32 `\ MARINA r`R0UP, LAC.,. \ PARC 0: !Z7 c��J7:a�7 $, —0 r. j. PERMIT AREA 18,050 SQ. FT± 0.41 ACRE)'_' . PERMIT AREA SHOWN SHADED. DRAWN JFF CHECKED U. V A 4 u z REVIEWED ESTATE SAN DIEGO UNIFIED PORT DISTRICT TEMPORARY USE PERMIT WITHIN CORPORATE LIMITS OF NATIONAL CITY CITY OF NATIONAL CITY EXHIBIT W',, W -9- DATE OCTOBER 25. 2013 SCALE 1 "=50' REF. DRAWING NO. SHEET 1 OF 1 028-029 0 M DEVSERV\REMI\E028\028-029\028-029_1025 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR AMENDMENT OF TEMPORARY USE PERMIT — AMENDMENT NO. 1, PREPARED BY THE SAN DIEGO UNIFIED PORT DISTRICT, TO EXTEND THE TERM OF THE PERMIT TO NOVEMBER 29, 2015, TO ALLOW FOR CONSTRUCTION STAGING ON PORT DISTRICT LAND DURING CONSTRUCTION OF THE NATIONAL CITY AQUATIC CENTER (WATERFRONT ADVENTURE CENTER) WHEREAS, on April 10, 2014, the San Diego Unified Port District granted a Temporary Use Permit ("TUP") to the City of National City to allow for construction staging on approximately 18,050 square feet of Port District land surrounding the National City Aquatic Center (Waterfront Adventure Center); and WHEREAS, based on the current construction schedule, the term of the TUP needs to be extended to November 15, 2015. 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 Temporary Use Permit — Amendment No. 1, prepared by the San Diego Unified Port District, to extend the term of the Permit to November 15, 2015, to allow for construction staging on Port District land during construction of the National city Aquatic Center (Waterfront Adventure Center). PASSED and ADOPTED this 18th day of November, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 October 14, 2015 TO: Steve Manganiello, City Engineer FROM: Michael Dalla, City Clerk SUBJECT: Incomplete 2014 Contract Documents Please review the attached list of contracts from 2014 for which our office has never received a fully executed original document. If your Department has or is able to acquire a fully executed original document, please provide it to us. After November 1st, it is my intention to insert a "Note to File" in the respective contract folder indicating that a fully executed original was never received by our office.