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HomeMy WebLinkAbout2015 CON San Diego Port District - National City Aquatic Center - Amendment #2 MOU (2)NOTE TO FILE 01-29-18 IN THE MATTER OF: Resolution 2015-142, of the City of National City approving Amendment No. 2 to the amended and restated MOU with the San Diego Unified Port District regarding the National City Aquatic Center. Please note the following: A FULLY EXECUTED ORIGINAL AMENDMENT NO. 2 WAS NEVER FILED WITH THE OFFICE OF THE CITY CLERK. NOTE: RESCINDED BY RESOLUTION NO. 2015-164 ADOPTED ON 11-03-15. ORIGINATING DEPARTMENT: CDC Housing & Grants City Attorney Human Resources City Manager MIS Community Svcs. _ Planning X Engineering _ Police Finance X Public Works Fire *09-23-15: Forwarded (2) partially executed original Amendments to Tirza (ENG) to process for signature. NTF AMENDMENT NO. 2 TO THE 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 AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER is made and entered into this day of , 2015, 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, on August 13, 2013, the parties entered into The Amended and Restated Memorandum of Understanding between the District and the City regarding the National City Aquatic Center (Project), on file in the Office of the District Clerk as Document No. 60744; and WHEREAS, on January 13, 2015, the parties executed Amendment No. 1 to The Amended and Restated Memorandum of Understanding between the District and the City regarding the Project, on file in the Office of the District Clerk as Document No. 63880. WHEREAS, due to increased costs of construction, the City has requested that the District increase the not -to -exceed amount of reimbursement under this MOU. NOW THEREFORE, the parties agree that The Amended and Restated Memorandum of Understanding between San Diego Unified Port District and the City of National City regarding the National City Aquatic Center be amended as follows: A. Paragraph 2 shall be replaced in its entirety with the following: 2. District agrees to contribute a total amount not to exceed $4,633,110 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. 1 (b) District shall reimburse City for Project construction costs in an amount not to exceed $3,803,110 in accordance with and subject to Section 5 herein. B. Paragraph 3 shall be replaced in its entirety with the following: 3. City agrees to be solely responsible for any Project costs in excess of the $4,633,110 contribution from the District. City shall not be relieved of any obligations under this MOU due to increased expenses or cost overruns. C. All remaining terms shall remain in full force and effect. IN WITNESS WHEREOF, parties hereto have executed this Amendment No. 2 to The Amended and Restated Memorandum of Understanding between San Diego Unified Port District and the City of National City regarding the National City Aquatic Center as of the day and the year first above written. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT By By Deputy General Counsel Karen G. Porteous EVP, Administration APPROVED AS TO FORM: CITY OF NATIONAL CITY By By Clau•ia G. Silva Ron Morrison Cit A orney Mayor 2 RESOLUTION 2015 — 142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER (RENAMED AS THE WATERFRONT ADVENTURE CENTER) WHEREIN THE PORT DISTRICT AGREES TO CONTRIBUTE AN ADDITIONAL $223,110 TOWARDS COMPLETION OF THE PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT, AND AUTHORIZING THE APPROPRIATION OF $223,110 TO THE PROJECT, TO BE REIMBURSED BY THE PORT DISTRICT VIA THE TERMS OF THE AMENDMENT WHEREAS, on August 13, 2013, the San Diego Unified Port District ("Port District") and the City of National City entered into an Amended and Restated Memorandum of Understanding (MOU) related to the National City Aquatic Center, which has since been renamed as the Waterfront Adventure Center; and WHEREAS, at the October 27, 2014 Port District Capital Improvement Program Workshop, the Board of Port Commissioners approved the City's request for an additional $500,000 to complete the Project, and subsequently executed Amendment No. 1 to the Amended and Restated MOU increasing the Port District's contribution to the Project by $500,000; and WHEREAS, Amendment No. 2 to the Amended and Restated MOU provides for an additional $233,110 in Port District Capital Improvements Project contributions to reimburse Project Waterfront Adventure Center construction costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to the Amended and Restated Memorandum of Understanding between the City of National City and the San Diego Unified Port District increasing the Port District Capital Improvements Project contributions an additional $233,110 to reimburse the City for construction costs of the Waterfront Adventure Center Project. Said Amendment No. 2 is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of Septemb2015. on Morrison, Mayor ATTEST: / £ PPROVED TO FOR ar Michael R. Dalla, ity Clerk dia Gacitu.; Silva City Attor •ey Passed and adopted by the Council of the City of National City, California, on September 15, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ll 4-4Pil City Cl k 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. 2015-142 of the City of National City, California, passed and adopted by the Council of said City on September 15, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA ca0t0-1Q4) COUNCIL AGE N DA STATEMENT MEETING DATE: September 15, 2015 AGENDA ITEM NO_ 20 ITEM TITLE: A resolution of the City Council of the City of National City, 1) approving Amendment No. 2 to the Amended and Restated Memorandum of Understanding (MOU) between the San Diego Unified Port District and the City of National City regarding the National City Aquatic Center (renamed as the Waterfront Adventure Center) wherein the Port District agrees to contribute an additional $223,110 towards completion of the Project, 2) authorizing the Mayor to execute the Amendment, and 3) authorizing the appropriation of $223,110 to the Project, to be reimbursed by the Port District via the terms of the Amendment (pending approval by the Board of Port Commissioners) PREPARED BY: Stephen Manganiello DEPARTMENT: Engineering/Public Works PHONE: 336-4382 APPROVED BY: EXPLANATION: On August 13, 2013, the San Diego Unified Port District and the City of National City entered into an Amended and Restated MOU (on file in the Office of the District Clerk as Document No. 607444) related to the National City Aquatic Center, which has since been renamed as the Waterfront Adventure Center. At the October 27, 2014 Port District Capital Improvement Program Workshop, the Board of Port Commissioners approved the City's request for an additional $500,000 to complete the Project. Both parties subsequently executed Amendment No. 1 to the Amended and Restated MOU (on file in the Office of the District Clerk as Document No. 63880), thereby increasing the Port District's contribution to the Project by $500,000. ' 1 order to provide for an additional $233,110 in Port District CIP contributions to reimburse Project construction osts, staff is requesting City Council approval of Amendment No. 2 to the Amended and Restated MOU. This Amendment No. 2 will be presented to the Board of Port Commissioners for review at their "Special Meeting" on September 23, 2015. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Appropriate $223,110 to Account No. 001-409-500-598-3816 (pending approval by the Board of Port Commissioners at their "Special Meeting" on September 23, 2015). ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS:: 1. I mendment No. 2 2. Resolution i LUT\01A O. rd05 - \ AMENDMENT NO. 2 TO THE 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 AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER is made and entered into this day of , 2015, 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, on August 13, 2013, the parties entered into The Amended and Restated Memorandum of Understanding between the District and the City regarding the National City Aquatic Center (Project), on file in the Office of the District Clerk as Document No. 60744; and WHEREAS, on January 13, 2015, the parties executed Amendment No. 1 to The Amended and Restated Memorandum of Understanding between the District and the City regarding the Project, on file in the Office of the District Clerk as Document No. 63880. WHEREAS, due to increased costs of construction, the City has requested that the District increase the not -to -exceed amount of reimbursement under this MOU. NOW THEREFORE, the parties agree that The Amended and Restated Memorandum of Understanding between San Diego Unified Port District and the City of National City regarding the National City Aquatic Center be amended as follows: A. Paragraph 2 shall be replaced in its entirety with the following: 2. District agrees to contribute a total amount not to exceed $4,633,110 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. 1 (b) District shall reimburse City for Project construction costs in an amount not to exceed $3,803,110 in accordance with and subject to Section 5 herein. B. Paragraph 3 shall be replaced in its entirety with the following: 3. City agrees to be solely responsible for any Project costs in excess of the $4,633,110 contribution from the District. City shall not be relieved of any obligations under this MOU due to increased expenses or cost overruns. C. All remaining terms shall remain in full force and effect. IN WITNESS WHEREOF, parties hereto have executed this Amendment No. 2 to The Amended and Restated Memorandum of Understanding between San Diego Unified Port District and the City of National City regarding the National City Aquatic Center as of the day and the year first above written. APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT By By Deputy General Counsel Karen G. Porteous EVP, Administration APPROVED AS TO FORM: CITY OF NATIONAL CITY By By Claudia G. Silva City Attorney 2 Ron Morrison Mayor RESOLUTION 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AMENDMENT NO. 2 TO THE AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER (RENAMED AS THE WATERFRONT ADVENTURE CENTER) WHEREIN THE PORT DISTRICT AGREES TO CONTRIBUTE AN ADDITIONAL $223,110 TOWARDS COMPLETION OF THE PROJECT, AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT, AND AUTHORIZING THE APPROPRIATION OF $223,110 TO THE PROJECT, TO BE REIMBURSED BY THE PORT DISTRICT VIA THE TERMS OF THE AMENDMENT WHEREAS, on August 13, 2013, the San Diego Unified Port District ("Port District") and the City of National City entered into an Amended and Restated Memorandum of Understanding (MOU) related to the National City Aquatic Center, which has since been renamed as the Waterfront Adventure Center; and WHEREAS, at the October 27, 2014 Port District Capital Improvement Program Workshop, the Board of Port Commissioners approved the City's request for an additional $500,000 to complete the Project, and subsequently executed Amendment No. 1 to the Amended and Restated MOU increasing the Port District's contribution to the Project by $500,000; and WHEREAS, Amendment No. 2 to the Amended and Restated MOU provides for an additional $233,110 in Port District Capital Improvements Project contributions to reimburse Project Waterfront Adventure Center construction costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to the Amended and Restated Memorandum of Understanding between the City of National City and the San Diego Unified Port District increasing the Port District Capital Improvements Project contributions an additional $233,110 to reimburse the City for construction costs of the Waterfront Adventure Center Project. Said Amendment No. 2 is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of September, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney