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HomeMy WebLinkAbout2019 CON San Diego Unified Port District - Surrender and Termination of Lease and Quitclaim Deed - Aquatic Center�• PORTOf fSAN DIEGO Waterfront of Opportunity May 28, 2019 VIA US MAIL City of National City Attention: Audrey Denham 140 East 12th Street National City. CA 91950 Dear Ms. Denham: Re: Agreement for Surrender and Termination of Leave between the San Diego Unified Port District and City of National, bearing District Document No. 69960, filed May 24, 2019 Enclosed is the executed Duplicate Original of the above referenced document. The document is for the termination of Lease effective May 24, 2019. Thank you for your cooperation in this matter. bow\ Amber Jensen Asset Manager Real Estate AJ/mnh Enclosure cc: R. Donald, Real Estate SDUPD Docs No. 1581789 Port of San Diego, 3165 Pacific Highway, San Diego, CA 92101 portofsandiego.org San Diego Unified Porgy is rri t Document No. 6i:___ Filed MAY 2 4 2019 Office of the District Clerk AGREEMENT FOR SURRENDER AND TERMINATION OF LEASE This Agreement for Surrender and Termination of Lease, hereinafter "Agreement," is entered into as of V\4,y ay , 2019 between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter "Lessor" and CITY OF NATIONAL CITY, a municipal corporation, hereinafter "Lessee," WITNESSETH: WHEREAS, Lessor and Community Development Commission of National City, on the 8th day of June, 2010 entered into a lease of certain tidelands located in the City of National City, California, as more particularly described therein and attached hereto as Exhibits A and B ("Premises"), which lease is on file in the Office of the Clerk of Lessor bearing Document No. 56735, (hereinafter "Original Lease"); and WHEREAS, Lessor administratively approved, on the 8th day of July, 2011, an assignment of Original Lease from Community Development Commission of National City to Lessee, 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 11th day of January, 2013, entered into an Agreement for Amendment of Lease, Amendment No. 1, which Amendment is on file in the Office of the Clerk of Lessor bearing Document No. 59801, (hereinafter "Amendment No. 1"); and WHEREAS, Lessor and Lessee, on the 13th day of August, 2013, entered into an Agreement for Amendment of Lease, Amendment No. 2, which Amendment is on file in the Office of the Clerk of Lessor bearing Document No. 60803, (hereinafter "Amendment No. 2"); WHEREAS, Lessee has requested that the Original Lease, as assigned and amended by Amendment No. 1 and Amendment No. 2 (Original Lease together with assignment, Amendment No. 1, and Amendment No. 2 collectively referred to hereinafter as "Lease") be mutually terminated and surrendered to Lessor; Duplicate Original NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree to terminate the Lease by Lessee surrendering and vacating the Premises and Lessor accepting such surrender in accordance with the following: 1. Subject to the terms and conditions set forth herein, the Lease shall terminate on A`I a,`\ a4 \`\ ("Termination Date"). 2. On or before the Termination Date, Lessee shall execute, acknowledge and deliver to Lessor a good and sufficient deed whereby all right, title and interest in the Lease and Premises, including without limitation, any and all improvements located thereon, is quitclaimed to Lessor in the form attached hereto as Exhibit C ("Quitclaim Deed"). 3. On or before the Termination Date, Lessee shall execute, acknowledge and deliver to Lessor the Assignment of Coastal Development Permit CDP-2011-01, whereby interest and rights to, and obligations and liabilities arising from, Coastal Development Permit CDP-2011-01 are wholly assigned and transferred to Lessor as of the date of such document. 4. On or before delivery of the Quitclaim Deed, Lessee shall vacate the Premises and surrender possession to Lessor in accordance with the terms of the Lease. 5. Upon delivery of the Quitclaim Deed and Lessee vacating and surrendering the Premises in accordance with the terms of the Lease, Lessor shall accept the Quitclaim Deed and record it in the Official Records of San Diego County at the cost and expense of Lessee. 6. Prior to vacating the Premises and surrendering possession to Lessor, Lessee shall remove all furniture, equipment, and other personal property not listed and detailed in Exhibit D attached hereto. Upon delivery of the Quitclaim Deed and Lessee vacating and surrendering the Premises in accordance with the terms of the Lease, all rights, title and interest to the furniture, equipment, and other personal property listed and detailed in Exhibit D shall automatically transfer to Lessor, at no cost to Lessor. 7. Any remaining rights, duties, or obligations of the parties pursuant to the terms, covenants, and conditions in the Lease shall continue in full force and effect and shall not be affected by this Agreement. Nothing herein is intended nor shall be construed as a waiver of Lessor's rights or as a release of any of duties or obligations of Lessee, whether known or unknown at this time or upon the effective date of this Agreement. Explicitly and without limitation, all of Lessee's obligations under the Lease, Paragraphs 7, 22, 44, 45 and 47 shall survive this Agreement and the surrender and termination of the Lease. SIGNATURE PAGE FOLLOWS 2 APPROVED AS TO FORM AND LEGALITY GENERAL COUNS By: Assistant/Deputy APPROVED AS TO FORM: Angil P. Morris -Jones SDUPD Docs No.1560209 SAN DIEGO UNIFIED PORT DISTRICT, a public corporation. By: Tony G rd"on Director, Real Estate CITY OF NATIONAL CITY, corporation M.yor Solis unicipal 3 (FOR USE BY STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On Mal 20 'Lon before me, .0610'` `}`` PalW.iN Notary Public, personally appeared SQ4-til v -Sobs who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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 ANGELITA PALMA Commission No. 2215878 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires October 25, 2021 ------------------------------ 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 Doc ment ge Title or Type of Document: erne( °TV_ rl'NN.' o— Document Date: Signer(s) Other Than Named Above: Number of Pages: el- \Qvti��rti` Capacity(les) Claimedpby Signer(s) Signer's Name l'Si'GJon.dv.1 Si-oScat. s o Individual �p�� l Corporate Officer --Title(s): r `k" � o Partner -- ❑ Limited ❑ General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: C4.11 N--t,A (4 N=HT THLIk16FRINT nF b1-rdER Top of thumb here Signer's Name _ ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner-- Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: PI',HT TH II1.:INPRIr•Jr _IF -.P f 1EF Top of thumb here (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On 14a4-1 24, 201 q before me, w14,6 F. eu.3SGl ( Notary Public, personally appeared Ton! 6Drdoii who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/sk they -executed the same in his/hier4their authorized capacity(itas), and that by his/be#their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1 a`"="r�, BONNIE F. RUSSELL Comm.42150220 Notary Public - California San Diego County Comm. expires Apr. 23, 2020 (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: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name o Individual o Corporate Officer —Title(s): o Partner -- ❑ Limited ❑ General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Number of Pages: k -HT TH!!P,!BFPINT �F _1-rJER Top of thumb here Signer's Name o Individual o Corporate Officer--Title(s):_ o Partner -- Limited General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Rh -HT THi!`If— -f—NT L_T `_I_ IEi Top of thumb here 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 Unifed 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. dad. Charles J. efk w Date L.S.'7876 Expires 31 Dec. 2008 Land Surveyor San Diego Unified Port District EXHIBIT "A" 5 2D 00g'27 ?L7 27 27-001 WATER ES MT. G �l P.K1 STI G ,� S ER LINE r.•x. / 3" DIA. BRASS DISK MON. ,�� STAMPEDO"SDUPD-020" gAS ,I>t / 5 WN ON R.O.S 6 0 RAMP BOAT LAUNCH FACILITY 560'33'14"W 22.85' 528-001 LIMIT LINE OF COUNTY EASEMENT • �.' •OF SAN DIEGO (DOC. NO. 17271 FILED AUG. 30, 1984) 528-003 SDG&E EASEMENT ,' 028-010 028-010 \ MARINAPIER 32 i PIER 32 ` ROUP, C MARINA GROUP' '\ PARCEL NO.2 LLC. PARCEL NO.1 \ 583'38'48"W 23.01' 560'33'14"W 23.01' 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. S83'38'48"W 22.89' 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 i 205.00' TO , C SW OF SWEETWATER DATA TABLE RIVER CHANNEL GRAPHIC SCALE 0 S70'38'59"E-383.59'(CALC.) 0 10' 20' 40' 2Q N33'22'53"W-60.00' O N72'06'01"E-87.30' 40'� DRA VAOUEZ CHECKS')) .PjWN/G �. Ntyru4(4 SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WfTHIN CORPORATE LR,AITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER EXHIBIT 'B" DATE SEPT. 12. 2008 SCALE 1 "=40' REF. oz@-010 DRAWING NO. SHEET IOF 2 028-025 DEVSERV\REMI\E2B\028-025\028-025-091208dwg. 13'0,07E1,0,r PROLIZZ1R7,065' N72'06.01E 87.30' ............. .............. .......... ....... ........... ..................... • • . • .• • . • • A • 028-010 PIER 32 MARINA GROUP, LLC. PARCEL NO. 1 L=1171921" L=44.23' R=21.60' 8,412 SQ. Fr. s7706.01.,,, "" " • " ........... (DOC. NO. FILED AUG. 30.1984) GRAPHIC SCALE 0 5' 10' 15' , 1 = 15' . • • • • • .• • . • • DETAIL SCALE: 1"=15' • • \ 028-010 PARCEL NO. 2 A=29'08'47" L=18.98' R=37.30' N8707'02"W 4.57' 52643'14E 4.08' N72'06'01E 3.80' DRAWN_DADIN AMIE oiEckEDA44412,01.- REVEWIEEr701/441 • A P PRZ2 SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE UPAITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER EXHIBIT "B" DATE SEPT. 12. 2008 SCALE I.'"15. REF 028-010 DRAWING NO. SHEET ZOF 2 028-025 DEVSERV\ REM \ E028 028-025 \ 028-025-091208thvg. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Diego Unified Port District Corporate Services — Records Post Office Box 120488 San Diego, CA 92112-0488 ) ) ) (Space Above this Line for Recorder's Use) QUITCLAIM DEED This Quitclaim Deed ("Quitclaim") is dated as of the day of , 20 . The CITY OF NATIONAL CITY, a municipal corporation ("City" or "Grantor"), does hereby remise, release, and forever quitclaim to the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation ("District" or "Grantee"), all of its right, title, and interest in and to the Lease between City (as successor in interest to Community Development Commission of National City, a community development commission) and District dated June 8, 2010, as amended by Agreement for Amendment No. 1 dated January 11, 2013, and Agreement for Amendment No. 2 dated August 13, 2013, together with all of its right, title, and interest in and to the following described real property in the City of National City, in the State of California, including without limitation, any and all improvements thereupon: Approximately 8,412 square feet of land area located at 3300 Goesno Place in the City of National City, California, more particularly described and delineated on Drawing No. 028-025 dated September 12, 2008, attached hereto as Exhibits "A" and "B" and by this reference made a part hereof. GRANTOR: CITY OF NATIONAL CITY, a municipal corporation. By: Signature PRINT NAME: Alejandra Sotelo-Solis PRINT TITLE: Mayor 1 EXHIBIT "C" (FOR USE BY CITY OF NATIONAL CITY) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Number of Pages o Individual o Corporate Officer o Partner -- ❑ Limited ❑ General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: RIGHT THUMBPRINT OF Sn_ rIEF Too of thumb here Signer's Name ❑ Individual ❑ Corporate Officer --Title(s): c Partner — c Limited ❑ General c Attorney in Fact c Trustee o Guardian or Conservator u Other: Signer is Representing: IHUMBRKINT F SIGNER Top of thumb here (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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 Signer(s) Signer's Name o Individual o Corporate Officer--Title(s):_ o Partner-- 7 Limited 7 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: =H1 THUtiltrP'kINT Su5'1EP Top of thumb here Signer's Name ❑ Individual ❑ Corporate Officer--Title(s):_ ❑ Partner -- o Limited o General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: f-b,HT THUM -kINT r.FSI' MER Top 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.�Sefk w Date L.S.'7876 ExpireS 31 Dec. 2008 Land Surveyor San Diego Unified Port District EXHIBIT "A -\\\\" OD 'Z ?L F IZ),gL4NL ara al 527-001 2D' WATER ESMT. STI G S ER LINE P • C. �,, �- - 3" DIA. BRASS DISK MON. STAMPED "SDUPD-020" AS SHOWN ON R.O.S. 16668t4r- 14102‘‘ W"v° RAMP BOAT LAUNCH FACILITY 528-003 SDG&E EASEMENT 12 SQ. FT. 0.19 ACR 560'33'14"W 22.85' 528-001 EASEMENT LIMIT UNE 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 pOORDINATE SYSTEM ZONE 6, NAb 83, EPOCH 1991.35. 028-010 028-010 \ MARINAPIER 32 PIER 32 CROUP, MARINA GROUP, PARCEL NO.2 LLC. \ PARCEL N0.1 S83'38'48"W 23.01' S60'33' 14"W 23.01' S83'38'48"W 22.89' 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 CV -61 WA� 205.00' TO $ OF SWEETWATER I DATA TABLE RIVER CHANNEL GRAPHIC SCALE 10 S70'38'59"E-383.59'(CALC.) 0 10' 20' 40' 20 N33'22'53"W-60.00' 3Q N72'06'01 "E-87.30' 1" v 40' DRA VAOUEZ CHECKED Z''W1/` J_ R24/11V0:. Mi‘x- 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)"=40' REF. 028-010 DRAWING NO. SHEET 1 OF 1 028-025 DEVSERV\REMI\E28\028-025\028-025-09120Bdwg. ODD 20g.r? 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' ............:........... • 028-010 PARCEL NO. 2 1 11=29'08'47" L=18.98' R=37.30' ::::::51 T53'S9•E:.:::::::::::::.::::::::::517'S3'S9E :::::.::'.:: J 13 57 ..... �019 ACRE) ............::3 ao';•::•:::;•:::;�:: •='N72'O6'01'E::::Sf412 SQ. Fr. ......:..:...............;.:. 51T53S9E:::::::::::::: ••:•::•: .......,... • ::.EASEMENT •LIMITUNEOF.. COUNTY OF SAN DIEGO:: (DOC. NO. 17271 :........ : •FILED AUG. 30, 1984) •: GRAPHIC SCALE 0 5' 10' 15' 1•= 15' DETAIL SCALE: 1•=15' N8T07'02"W 4.57' S26.43' 14 E\ 4.08' N72'06'01 "E 3.80' DRAWKDAITAIN V.ASQ11EZ CHEWED ASA/220 - REyEWEgT.04/4u a..t: 9 w� rt�auetpy( SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE UMITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER EXHIBIT "B" DATE SEPT 12 2008 SCALE 1 •..15' REF. 028-010 DRAWING NO. SHEET ZOF 2 028-025 DEVSERV\REMI\E028\028-025\028-025--091208dwg. National City Aquatic Center Inventory of Equipment Item Units Folding Chairs 79 Folding Chair Cart 1 Round Folding Tables 10 Table Cart 1 TV & DVD Player 1 Cycling Bike 2 First Aid Kit (waterproof) 1 Heavy Duty Mat 1 Heavy Duty Mat 1 TV and DVD Player 1 Storage Cabinet 1 Binoculars 1 Sunscreen Dispenser 1 VHF Radios and Chargers 3 Waterproof VHF Radio Cases 3 Dri-Dek Tiles 2 Shower Curtains/Hooks 6 100 foot hose 1 First Aid Kit (mountable) 1 First Aid Kit (waterproof) 1 Megaphones 2 Hand Truck 1 Slip Guard Mats 2 Throw lines with bags 3 Tow lines 3 Flammable Safety Cabinet 1 Waterproof Backpack 1 Single Kayaks 16 Double Kayaks 8 Kayak Paddles 32 Kayak Seatbacks 35 Stand Up Paddleboard Paddles 12 Stand Up Paddleboards 11 Life Jackets with Whistles 47 Life Jacket Rack 1 Trash cans 4 EXHIBIT "D" = PORTof fSAN DIEGO Waterfront of Opportunity May 28, 2019 VIA US MAIL City of National City Attention: Audrey Denham 140 East 12th Street National City, CA 91950 Dear Ms. Denham: Re: Assignment of Coastal Development Permit CDP 2011-01 between the San Diego Unified Port District and City of National City, bearing District Document No. 69959, filed May 24, 2019 Enclosed is the executed Duplicate Original of the above referenced document. Thank you for your cooperation in this matter. Sincerely, aeAlle-,x) Amber Jensen Asset Manager Real Estate AJ/mnh Enclosure cc: R. Donald, Real Estate SDUPD Docs No. 1581697 Port of San Diego, 3165 Pacific Highway, San Diego, CA 92101 portofsandiego.org San Diego Unified P� t' i tr! t Document No. 69959 Filed MAY 2 4 2019 Office of the District Clerk ASSIGNMENT OF COASTAL DEVELOPMENT PERMIT CDP-2011-01 The CITY OF NATIONAL CITY, a municipal corporation, does hereby assign and transfer Coastal Development Permit CDP-2011-01 dated August 2, 2011 and bearing District Clerk Document No. 57961, as amended on July 18, 2013 and bearing District Clerk Document No. 60624, to the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation. Dated: SDUPD Doc 1560205 5 2019 CITY OF NATIONAL CITY a municipal PRINT NAME: Alejandra Sotelo-Solis PRINT TITLE: Mayor Duplicate Original AFFIDAVIT REGARDING COASTAL DEVELOPMENT PERMIT CDP-2011-01 The SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District), hereby assumes Coastal Development Permit CDP-2011-01 dated August 2, 2011 and bearing District Clerk Document No. 57961, and as amended on July 18, 2013 and bearing District Clerk Document No. 60624, from the CITY OF NATIONAL CITY. a municipal corporation, and agrees to comply with the terms and conditions contained therein as of the date written below. Dated: ;' lcL� , 2019 SAN DIEGO UNIFIED PORT DISTRICT, a public corporation By: K. Signature PRINT NAME: PRINT TITLE: £-.'rco1 D,"re c6/r) eeo, / f4 fc � PORTof fSAN DIEGO Waterfront of Opportunity November 26, 2019 VIA US MAIL City of National City Attn: Audrey Denham 140 East 12th Street National City, CA 91950 Dear Ms. Denham: Re: Quitclaim Deed between the San Diego Unified Port District and The City of National City for 8,412 Square Feet of Land Located at 3300 Goesno Place, National City, California, bearing District Document No. 70165, filed July 17, 2019 Acceptance of Quickclaim Deed between the San Diego Unified Port District and The City of National City, bearing District Document No. 70154, filed July 15, 2019 Enclosed is the executed Duplicate Original of the above referenced documents. Thank you for your cooperation in this matter. Sincerely, Amy Tigri Assistant Asset Manager Real Estate AT/mnh Enclosure SDUPD Docs No.1612319 Port of San Diego, 3165 Pacific Highway, San Diego, CA 92101 portofsandiego.org RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Diego Unified Port District Corporate Services — Records Post Office Box 120488 San Diego, CA 92112-0488 ) San Diego Unified Port District Document No. '-7l 65 Filed JUL 1 7 2019 Office of the District Clerk (Space Above this Line for Recorder's Use) QUITCLAIM DEED This Quitclaim Deed ("Quitclaim") is dated as of the 20 day of 20 )4 . The CITY OF NATIONAL CITY, a municipal corporation ("City" or Grantor"), does hereby remise, release, and forever quitclaim to the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation ("District" or "Grantee"), all of its right, title, and interest in and to the Lease between City (as successor in interest to Community Development Commission of National City, a community development commission) and District dated June 8, 2010, as amended by Agreement for Amendment No. 1 dated January 11, 2013, and Agreement for Amendment No. 2 dated August 13, 2013, together with all of its right, title, and interest in and to the following described real property in the City of National City, in the State of California, including without limitation, any and all improvements thereupon: Approximately 8,412 square feet of land area located at 3300 Goesno Place in the City of National City, California, more particularly described and delineated on Drawing No. 028-025 dated September 12, 2008, attached hereto as Exhibits "A" and "B" and by this reference made a part hereof. GRANTOR: CITY OF NATIONAL CIT a municipal corpor . 1 /IA Bv• PRINT NAME: Alejandra Sotelo-Solis PRINT TITLE: Mayor 1 Duplicate Original (FOR USE BY CITY OF NATIONAL CITY) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On k "VD ► Za (C before me, Notary Public, personally appeared %�-(-t,rd�. Soi'e.4o —Slit who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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. AvNtrA 7P, i 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 ANGELITA PALMA Commission No. 2215878 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires ()darer 25, 2021 ------------------------------ (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: Qv .►tv" Q.et Document Date: S-2�"1°1 Signer(s) Other Than Named Above: Capacity(Ies) Claimed by Signer(s) Signer's Name T' 1-96`^lkeN% Str't(o — SD�t i ❑ Individual • Corporate Officer —Title(s): µ030e o Partner-- 7 Limited General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: C1 I N.h,o..,.,,1 cAlci t•';�-FiI I N'; If,l'cFf." Ili Top of thumb here Number of Pages Signer's Name o Individual o Corporate Officer--Title(s): o Partner -- 7 Limited 7 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Top or thumb here 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 11719'21" 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. efk w Date L.S.'7876 Expires 31 Dec. 2008 Land Surveyor San Diego Unified Port District EXHIBIT "A 1 , RIff,r5II627 527-001 20' WATER ES MT. VA P• V, 3" DIA. BRASS DISK MON. r STAMPED "SDUPD-020" AS �, r7 SHOWN ON R.O.S. 16668 /'-010ii °Ur e 028-010 028-010. \ MARINA GPIER 32 PIER 32LLCROUP, MARINA GROUP. �PARCEL NO.2 LLC. PARCEL NO.1 \ RAMP BOAT LAUNCH FACILITY ST1 G 5 ER .LINE 560'33'14"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 c0ORDINATE SYSTEM ZONE 6, NAD 83, EPOCH 1991.35. 528-003 SDG&E EASEMENT S83'38'48"W 23.01' S83'38'48"W 22.89' DETAIL (SEE SHEET 2 OF 2) S6033' 14"W 41.02' SWEETWATER RIVER CHANNEL LIMIT PER CALTRANS RIGHT OF WAY MAP NO, 49503 DATED DEC. 1983 GRAPHIC SCALE 1O S70'38'59"E-383.59'(CALC.) 0 u10' -20' 40' 2� N33'22'53"W-60.00' 3Q N72'06'01 "E-87.30' 1" a 40' War w /1% 205.00' TO rr��/ N OF SWEETWATER DATA TABLE RIVER CHANNEL DRq VAOUEZ CHECKED /17aV/c. /- A4q,1J Vaz, SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE L MRB OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER EXHIBIT'B" DATE SEPT12 2006 SCALE 1 "=40' REF. 028-010 DRAWING NO. SHEET IOF 1 028-025 OlgTHOgr N72'06'01 "E 87.30' • 3'1 "0T50"E 028-010 PIER 32 MARINA GROUP, LLC. PARCEL NO. 1 L=11719'21" L=44.23' R=21.60' S1T53'59"E :::...... S1 T53'S9"E:-:: :::�: :::...'-.:•: .• :S17'S3-59E:'"' :1.85' : : 4.20': ................... N7206'01"E::::::8,412 SQ. FT. .9.-•O:.::..•:;:....:::- ...,.......•▪ .S1T53'59"E:•-- (r r:::: 0.19 AC 3.80':•::•:... .............. ............... ...................................................:..xllittl Ut WAT..��:4::.�:a::.�.'�: XL7::: ' 528-001'::::.::::::: • EASEMENT LIMIT- LINE••OF'.......... •.... ••::FILED AUG. 30, 1984)::::::: GRAPHIC SCALE D 5' 10' 15' ,1"= 15' DETAIL SCALE: 1"=15' 028-010 PARCEL NO. 2 — 0=29'08'47" L=18.98' R=37.30' N8T07'02"W t� 4.57' 526'43'14 E\ 4.08' N72'06'01 "E 3.80' DRAWN.12615111N VASOLFZ C1ECi0?DASRN1Nlc- REVIEWED7'!K/44s 722 SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE LIMITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER EXHIBIT "8" DATE SEPT. 12. 2008 SCALE 1 "=15' REEF. 028-010 DRAWING NO. SHEET ZOF .2 028-025 DEVSERV\REM!\E028\028-025\028-025--0912OBdwg. (z) San Diego Unified Port District Document No. 701.54 Filed JUL 1 5 2019 Office of the District Clerk SAN DIEGO UNIFIED PORT DISTRICT ACCEPTANCE This is to certify that the interest in real property conveyed by the Quitclaim Deed dated May 20, 2019 from the City of National City, a municipal corporation, to the San Diego Unified Port District, a public corporation, is hereby accepted by the undersigned officer by order of the San Diego Unified Port District pursuant to authority conferred by San Diego Unified Port District Ordinance No. 2937 adopted by the Board of Port Commissioners on March 12, 2019, and the grantee consents to recordation thereof by its duly authorized officer. Dated V't//q By Tony Gordon, Director, Real Estate DUPLICATE - ORIGINAL SDUPD D2 No. 1587109 (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On chak1 q, ZOII before me, WMvtif) F. &SSSe1 Notary Public, personally appeared I DYL t.j &rrlori who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hexlheir authorized capacity(ies), and that by his/lae #ho.k signature(s)- on the instrument the person(s), or the entity upon behalf of which the persons -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 4 BONNIE F. RUSSELL Comm. #2150220 Notary Public - California San Diego County Comm. expires Apr. 23, 2020 (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: Signer(s) Other Than Named Above: Capacity(Ies) Claimed by Signer(s) Signer's Name ❑ Individual a Corporate Officer--Title(s): o Partner-- 7 Limited ❑ General o Attorney in Fact o Trustee o Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name ❑ Individual o Corporate Officer--Title(s):_ ❑ Partner -- Limited ❑ General ❑ Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER E z RESOLUTION NO. 2019 — 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR SURRENDER AND TERMINATION OF LEASE BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR THE PROPERTY KNOWN AS THE NATIONAL CITY AQUATIC CENTER LOCATED AT 3300 GOESNO PLACE, THE QUITCLAIM DEED, AND THE ASSIGNMENT OF THE COASTAL DEVELOPMENT PERMIT. WHEREAS, in 2004, the City of National City's goal was to offer a public facility providing access to the waterfront; and WHEREAS, the City of National City and the San Diego Unified Port District worked together to realize the community goal and the National City Aquatic Center (NCAC) was completed in March of 2016; and WHEREAS, the National City Aquatic Center is a 4,700 square foot boat house/aquatic center located in the National City Marina District that provides recreational aquatic, safety, and environmental programs. In addition, there is potential for facility rentals such as birthday parties, baby showers, special family events, school programs, and community and corporate team building events; and WHEREAS, since March of 2015, the City of National City has been unable to find a viable operator for the National City Aquatic Center; and WHEREAS, in May of 2018, City Council approved the City to enter into discussions with the San Diego Unified Port District to transfer the National City Aquatic Center to the San Diego Unified Port District, reducing the City's structural deficit by $380,000; and WHEREAS, the City Council approval is required to complete the transfer of the National City Aquatic Center to the San Diego Unified Port District in order to reduce the structural deficit by $380,000 for the first year of operations and subsequently $255,000 annually; and WHEREAS, the San Diego Unified Port District agrees that the proposed actions will not prohibit the City of National City from requesting a new lease in the future, however, the San Diego Unified Port District is in no way obligated to agree to such a future request. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Mayor to execute the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property known as the National City Aquatic Center located at 3300 Goesno, the Quitclaim Deed, and the Assignment of the Coastal Development Permit. RESOLUTION NO. 2019— 25 PAGE TWO ATTE 7751 Michael R. ►1:IIa, City Clerk APPROVED AS TO FORM: PASSED and ADOPTED this 5th day of March, 2019. Passed and adopted by the Council of the City of National City, California, on March 5, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-25 of the City of National City, California, passed and adopted by the Council of said City on March 5, 2019. By: City Clerk of the City of National City, California Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 5, 2019 AGENDA ITEM NO.: 13 ITEM TITLE: Resolution of the City Council of the City of National City approving the Mayor to execute 1) the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property known as the National City Aquatic Center located at 3300 Goesno Place; 2) the Quitclaim Deed; and 3) the Assignment of the Coastal Development Permit. PREPARED BY: Audrey Denham DEPARTMENT*mu ity S:� es PHONE: 619-336-4243 APPROVED B ) L. 1 11��� , EXPLANATION: See attached staff report. FINANCIAL STATEMENT: APPROVED: W4,4 X�. FINANCE ACCOUNT NO. APPROVED: MIS The transfer of the NCAC to the Port reduces the City's General Fund expenditures by $380,000 for the first year of operations, which includes onetime expenses for furniture, fixtures and equipment. Thereafter, the General Fund budget would be reduced by $255,000 annually. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION El FINAL ADOPTION n STAFF RECOMMENDATION: Adopt the resolution, approving the Mayor to execute 1) the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property known as the National City Aquatic Center located at 3300 Goesno Place; 2) the Quitclaim Deed; and 3) the Assignment of the Coastal Development Permit. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1 Staff Report 2. Agreement for Surrender and Termination of Lease and Quitclaim Deed 3. Assignment of Coastal Development Permit /�soI4;s4 Ito aoil-2S vv 1// CALIFORNIA NAT �`j t/ �� j RIFTATED City Council Staff Report March 5, 2019 ITEM Staff Report: Resolution of the City Council of the City of National City approving the Mayor to execute 1) the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property known as the National City Aquatic Center located at 3300 Goesno Place; 2) the Quitclaim Deed; and 3) the Assignment of the Coastal Development Permit. BACKGROUND In 2004, it became a community goal to offer a public facility providing access to the waterfront. The City of National City (City) and the San Diego Unified Port District (Port) worked together closely to realize this community goal and the National City Aquatic Center (NCAC) was completed in March of 2016. The NCAC is a 4,700 square foot boat house/aquatic center located in the National City Marina District. The main purpose of the NCAC is to provide recreational aquatic, safety and environmental programs. In addition, there is potential for facility rentals such as birthday parties, baby showers, special family events, school programs, and community and corporate team building events. Since March 2015, the City of National City (City) has been unable to find a viable operator for the National City Aquatic Center (NCAC). Following is a timeline that shows the City and the Port's efforts to secure a long term operator for the NCAC: • March 2015: City advertises and distributes an RFP for qualified operators. • May 2015: City Council authorizes staff to begin negotiating terms of an Operating Agreement with the sole RFP responder, Pier 32 Marina. • June 2015: Pier 32 Marina ceases negotiations with the City due to the financial uncertainty of operating the NCAC. • February 2016: City Council authorizes staff to begin negotiating terms of an Operating Agreement with Southwestern Community College District (SWC). • June -August 2016: as an interim solution the City enters into a facility use permit with Community Rowing of San Diego (CRSD) to offer programs at the NCAC. • September 2016: City enters into a month to month facility use permit with CRSD to continue offering minimal programming. • November 2016: the City and the Port issue a joint RFP seeking an operator for the NCAC. Page 2 Staff Report — Transfer of NCAC to Port March 5, 2019 • December 2016: the sole RFP response is a collaborative proposal by four non-profit organizations: CRSD, SWC, Ocean Connectors, and the YMCA (together referred to as the Collaborative). • February 2017: City and Port staff meet with the Collaborative to discuss the proposal and request additional details. • March 2017: City Council authorizes staff to contract directly with each member of the Collaborative to provide short-term programming at the NCAC for summer 2017, while long-term negotiations continue with the Collaborative. • July 2017: the City and Port meet with the Collaborative to resume discussions about long-term operations of the NCAC. • August 2017: the Collaborative submits their final budget proposal. • September 2017: CRSD continues offering minimal programming through a month to month facility use permit with the City. • September 2017: City staff determined the Collaborative did not have the wherewithal to operate the NCAC. • December 2017: City staff entered into discussions with EXOS to operate the NCAC, with the intention of operating the NCAC in a similar fashion as Las Palmas Pool. • February 2018: City staff budget $380,000 for the first year of NCAC operations, which includes onetime expenses for furniture, fixtures and equipment. • May 2018: faced with a structural deficit City Council approves staff to enter into discussions with the Port to transfer the NCAC to the Port, reducing the structural deficit by $380,000. To this day, CRSD continues to offer minimal programming, such as summer, fall and winter boating camps. Additionally, the Sweetwater High School rowing team, in partnership with CRSD, continues to hold weekly rowing practice at the NCAC. DISCUSSION City staff are seeking City Council approval to complete the transfer of the NCAC to the Port in order to reduce the structural deficit by $380,000 for the first year of operations and subsequently $255,000 annually. The Port will continue to work with the City to ensure National City youth are benefiting from programming offered at the NCAC. In addition, per the Coastal Development Permit the NCAC will continue to be a boating and environmental science public education facility with programming primarily directed toward youth. The Port understands the importance of offering the National City community a place to participate in boating classes and camps, environmental science programs, health and safety courses and job -related educational opportunities. The City will partner with the Port to market programs directly to National City residents through social media, the City's quarterly newsletter, and flyers. The Port is also committed to continuing the partnership with CRSD to offer youth boating programs and make the NCAC available for Sweetwater High School to continue their rowing program. The City will be permitted to use the NCAC for meetings or special events based on availability. Should the City's financial situation improve the Port has agreed to work with the City to allow the Community Services Department to offer various camps and classes at the NCAC. Page 3 Staff Report — Transfer of NCAC to Port March 5, 2019 The Port will vote on the Agreement for Surrender, Quitclaim Deed and Termination of Lease during their next scheduled Board of Port Commissioners regular meeting on March 12, 2019. The transfer will go into effect 30 days following approval by the Board of Port Commissioners. FISCAL IMPACT The transfer of the NCAC to the Port reduces the City's General Fund expenditures by $380,000 for the first year of operations, which includes onetime expenses for furniture, fixtures and equipment. Thereafter, the General Fund would be reduced by $255,000 annually. RECOMMENDATION Adopt the resolution, approving the Mayor to execute 1) the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property known as the National City Aquatic Center located at 3300 Goesno Place; 2) the Quitclaim Deed; and 3) the Assignment of the Coastal Development Permit. AGREEMENT FOR SURRENDER AND TERMINATION OF LEASE This Agreement for Surrender and Termination of Lease, hereinafter "Agreement," is entered into as of , 2019 between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter "Lessor" and CITY OF NATIONAL CITY, a municipal corporation, hereinafter "Lessee," WITNESSETH: WHEREAS, Lessor and Community Development Commission of National City, on the 81h day of June, 2010 entered into a lease of certain tidelands located in the City of National City, California, as more particularly described therein and attached hereto as Exhibits A and B ("Premises"), which lease is on file in the Office of the Clerk of Lessor bearing Document No. 56735, (hereinafter "Original Lease"); and WHEREAS, Lessor administratively approved, on the 8th day of July, 2011, an assignment of Original Lease from Community Development Commission of National City to Lessee, 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 11th day of January, 2013, entered into an Agreement for Amendment of Lease, Amendment No. 1, which Amendment is on file in the Office of the Clerk of Lessor bearing Document No. 59801, (hereinafter "Amendment No. 1"); and WHEREAS, Lessor and Lessee, on the 13th day of August, 2013, entered into an Agreement for Amendment of Lease, Amendment No. 2, which Amendment is on file in the Office of the Clerk of Lessor bearing Document No. 60803, (hereinafter "Amendment No. 2"); WHEREAS, Lessee has requested that the Original Lease, as assigned and amended by Amendment No. 1 and Amendment No. 2 (Original Lease together with assignment, Amendment No. 1, and Amendment No. 2 collectively referred to hereinafter as "Lease") be mutually terminated and surrendered to Lessor; ORIGINAL NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties agree to terminate the Lease by Lessee surrendering and vacating the Premises and Lessor accepting such surrender in accordance with the following: 1. Subject to the terms and conditions set forth herein, the Lease shall terminate on ("Termination Date"). 2. On or before the Termination Date, Lessee shall execute, acknowledge and deliver to Lessor a good and sufficient deed whereby all right, title and interest in the Lease and Premises, including without limitation, any and all improvements located thereon, is quitclaimed to Lessor in the form attached hereto as Exhibit C ("Quitclaim Deed"). 3. On or before the Termination Date, Lessee shall execute, acknowledge and deliver to Lessor the Assignment of Coastal Development Permit CDP-2011-01, whereby interest and rights to, and obligations and liabilities arising from, Coastal Development Permit CDP-2011-01 are wholly assigned and transferred to Lessor as of the date of such document. 4. On or before delivery of the Quitclaim Deed, Lessee shall vacate the Premises and surrender possession to Lessor in accordance with the terms of the Lease. 5. Upon delivery of the Quitclaim Deed and Lessee vacating and surrendering the Premises in accordance with the terms of the Lease, Lessor shall accept the Quitclaim Deed and record it in the Official Records of San Diego County at the cost and expense of Lessee. 6. Prior to vacating the Premises and surrendering possession to Lessor, Lessee shall remove all furniture, equipment, and other personal property not listed and detailed in Exhibit D attached hereto. Upon delivery of the Quitclaim Deed and Lessee vacating and surrendering the Premises in accordance with the terms of the Lease, all rights, title and interest to the furniture, equipment, and other personal property listed and detailed in Exhibit D shall automatically transfer to Lessor, at no cost to Lessor. 7. Any remaining rights, duties, or obligations of the parties pursuant to the terms, covenants, and conditions in the Lease shall continue in full force and effect and shall not be affected by this Agreement. Nothing herein is intended nor shall be construed as a waiver of Lessor's rights or as a release of any of duties or obligations of Lessee, whether known or unknown at this time or upon the effective date of this Agreement. Explicitly and without limitation, all of Lessee's obligations under the Lease, Paragraphs 7, 22, 44, 45 and 47 shall survive this Agreement and the surrender and termination of the Lease. SIGNATURE PAGE FOLLOWS 2 APPROVED AS TO FORM AND LEGALITY SAN DIEGO UNIFIED PORT DISTRICT, GENERAL COUNSF.V a public corporation. By: Assistant/Deputy APPROVED AS TO FORM: By: Tony Gordon Director, Real Estate CITY OF NATIONAL CITY, a municipal Angil P. Morris -Jones corporation By: By: Roberto M. Contreras Mayor Alejandra Sotelo-Solis Deputy City Attorney SDUPD Docs No.1560209 3 (FOR USE BY STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public a other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, end not the truthfulness, accuracy, a validity of that document On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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. Slgner(s) Other Than Named Above Capacity('es) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer —Title(s) o Partner— -J Limited - General ❑ Attorney In Fact ❑ Trustee ❑ Guardian a Conservator o Other __ _.� Signer Is Representing Number of Pages Tcp of thuTb here Signer s Name o Individual o Corporate Officer —Title(s) o Partner — Limited :, General ❑ Attorney in Fact ❑ Trustee o Guardian or Conservator o Other Signer is Representing �'l•'•T TFif�iv�6r`�Ct Su;t:Eh To o! thumb r'o (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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. 1 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. Slgner(s) Other Than Named Above. Capacity(les) Claimed by Slgner(s) Signer's Name o Individual o Corporate Officer —Titte(s) ❑ Partner — Limited General a Attorney in Fact ❑ Trustee a Guardian a Conservator ❑ Other Signer Is Representing Number of Pages: Tor, of thumb Hera Signer's Name a Individual ❑ Corporate Officer —Title(s) ❑ Partner — 3 Limited General ❑ Attorney in Fact a Trustee o Guardian or Conservator o Other. Signer is Representing F IGhi; THU:.;I ,">;• r' Sb: t!E ' Legal Description for CITY OF NATIONAL CITY AQUATIC CENTER ' TIDELAND LEASE Within Corporate Limits of National City Alt 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, 1978, .File No. 78-164686, 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 2.38 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 28°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°06'0i' East a distance of 3.50 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 80'33'14' 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 8, N.A.D. 83, Epoch 1991.35. Charles J. efkOw Date L.S.'7876 Expires 31 Dec. 2008 Land Surveyor San Diego Unified Port District EXHIBIT "A" r O/5 TYPELANDg 527-001 2 0' WATER - ESMT. 528-003 SDGd&E EASEMENT 3' DL4. BRASS DISK MON. �� 1 STAMPED .5D1JPD-020' ASisia./A*10 4/ SHOWN ON R.O.S. 16868' \ 10A"Ardflr N1 fr. �saFr RAMP BOAT LAUNCH FACILITY 028-010 028-010 \ MARINA CROUP, PIER 32 PIER 32 MARINA GROUP, 'k PARCEL NO.2 LLC. PARCEL NO.1 ti DETAIL (SEE SHEET 2 OF 2) 9 ACRE): 41.02' SWEE7WATER RIVER ..• CHANNEL UMR S83.38'48'W PER CALTRANS lir': 23.0i' �, RJCHT OF WAY MAP NO, 49503 (SEE/33'14'W 0 DATED DEC. 1983 23.01' .2) S50'33'14'W �S83.38'48'W OF 22.85' 22-89' 528-001 EASEMENT OMIT OF OF COUNTY r 'e SAN DIEGO (DOC. NO. 17271 FLED AUD. 30, 1984) NOTES: 1. LJsE AREA SHOWN SHADED. 2. BEARINGS MD DISTANCES ARE GRID AND BASED UPON THE CALIFORNIA 00RDINATE SYSTEM ZONE 6, NA) 83, POCH 1991„35. 6 _.004k" 03414 ..cl- :,-.Fi A 205.00' TO 7'N �b"`�`" OF SW EETWATD1 N RIVER CHANNEL n DATA TABLE: 0 10 S70.38 'WE- 383.59 '(CALC. ) 0R' 2 S D 12CALE 0' 40' pi 0 N33'22'53'w-8O.00' ..1 0 N72'06'01'E-87.30' 1'w40' a SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE LIMITS OF NATIONAL CITY CITY OF NATIONAL CITY AQUATIC CENTER EXHIBIT `8` DATE SEPT. 12 2008 SCALE 1...4V REF. s 028=O14 sio� DR HEET 028-025 Ogg MVP' 22 t 7z Z Al N©0 N72'06'017 87.30' `•.51T5S59 :;COUNTY OF SAN NO. 17271:. '. •FlLED AUC. 30, GRAPH:C SCALE 0 5' 10' 15' 1' = 15' 028-010 PIER 32 MARINA GROUP, LLC. PARCEL NO. 1 L=11719'21" L=44.23'- — R=21.60. / A.29'08'47* L=18.98' R37.30' DETAIL SCALE: 1 •..15' 028-010 PARCEL NO. 2 1 N5707'0211 4,57' S26'43'14'E` 4.08' N72116'01 "E .80' DRAM/PL N VASQUIEZ ,(Sow II_. REVEWEEMAZ "PM lur SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE UMIi8 OF NATIONAL CITY CITY OF NATIONAL CITY AQUAT1C CENTER EXHISFT "B" DATE SEPT. 12. 208 SCALE 1••1S' REF 028-010 D1IAWIN3 NC: SHEErzOF.2 02B-025 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: San Diego Unified Port District Corporate Services — Records Post Office Box 120488 San Diego. CA 92112-0488 ) (Space Above this Line for Recorder's Use) QUITCLAIM DEED This Quitclaim Deed ("Quitclaim") is dated as of the day of 20_. The CITY OF NATIONAL CITY, a municipal corporation ("City" or "Grantor"), does hereby remise, release, and forever quitclaim to the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation ("District" or "Grantee"), all of its right, title, and interest in and to the Lease between City (as successor in interest to Community Development Commission of National City, a community development commission) and District dated June 8, 2010, as amended by Agreement for Amendment No. 1 dated January 11, 2013, and Agreement for Amendment No. 2 dated August 13, 2013, together with all of its right, title, and interest in and to the following described real property in the City of National City, in the State of California, including without limitation, any and all improvements thereupon: Approximately 8,412 square feet of land area located at 3300 Goesno Place in the City of National City, California, more particularly described and delineated on Drawing No. 028-025 dated September 12, 2008, attached hereto as Exhibits "A" and "B" and by this reference made a part hereof. GRANTOR: CITY OF NATIONAL CITY, a municipal corporation. By: Signature PRINT NAME: Alejandra Sotelo-Solis PRINT TITLE: Mayor 1 EXHIBIT "C" (FOR USE BY CITY OF NATIONAL CITY) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to wfiich this certificate is attached and not the truthfulness, accuracy a validity of that document On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 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 aid could prevent fraudulent removal and reattachment of this fomi to ancther document. Description of Attached Document Title a Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capaclty(Ies) Claimed by Signer(s) Signer s Name Signer s Name Individual _ Individual o Corporate Officer —T t ets ❑ Corporate Officer—TI'e(s) o Partner — L mded General o Partner — , Limited - General o Attorney n Fact o Attorney in Fact o Trustee a Trustee o Guardian or Conservator r o Guardian a Conservato- r. Other Other Signer is Representing Signer is Representing FI:.H1 iHJ� �F6'fitr ��F I•}71cr {rp,.tr tHi}r;t i- tt. (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) A notary public or ether officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ........... _._.. _._._._.- -.- -.--._..._. OPTIONAL Though Cie nfcrmabon be ow is not requ red by raw, it may prove valuable to person relying on the document and cou'd p event fraudulent removal and reattachment of th.s form to another document. Description of Attached Document Title or Type ct Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signers) Signers Name - Individual • Corporate Officer—Tilte(s) o Partner — Lim ted a General • Attorney in Fact • Trustee • Guardian or Conservator Other: Sgner is Representing Number of Pages Too cr Ihumb here Signer s Name c Individual n Corporate Officer—Til!e)s) o Partner — . Limited General o Attorney in Fact o Trustee c Guardian or Conservator Signer is Representing n 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 Part District by that certa n 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 78-164686, in the City of San Diego, County of San Diego, State of Califomia, 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. 18668, 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°0T50" East a distance of 2.36 feet to the beginning of a non -tangent 21.60 foot radius curve, concave southeasterty 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 United Port District Drawing No 028-025, dated September 12, 2008 and made a part of this agreement. All bearings and d.stances in the above legal description are grid, and based upon the California Coordinate System, Zone 6 N.A.D. 83. Epoch 1991.35. Arz 7• Z c6 Charles J. efk w Data L.S.'7876 Expires 31 Dec_ 2008 Land Surveyor San Dego Unified Port District EXHIBIT "A \\ " 0/57MM7 2 7&'L .4 NL ` 527-001 20' WATER ESMT. aST1G S ER LINE 3" DIA. BRASS 0.SK MON. STAMPED "SDUPD-020" AS SHOWN ON R.0 S. i 6868' 1 RAMP BOAT LAUNCH FAC LTIY NOTES: 560.33'14"W 22.85' 528-001 EASEMENT MR UNE OF COUNTY OF SAN DIEGO (DOC. NO. 17271 BLED AUG. 30, 1984) 1. LEASE AREA SHOWN SHADED. 2. BEARINGS AND DISTANCES ARE GRID AND BASED UPON 114E CALIFORNIA p00RD!NATE SYSTEM ZONE 6. NAb 83, EPOCH 1991.35. \` 01 0 I 1 PIER 32 , U.C.-.0, 1 MARINA GROUP, i PARCEL NO.2 \ PARCELLLC. N0.1 528-003 SDG&E EASEMENT 028-010 028-010 , PIER 32 MARINA GROUP, • 583.38'48-W 23.01' 56733' 14'W 23.01' S83'38'48"W 22.89' DETAIL (SEE SHOT 2 OF 2) S60.33'14 W 41.02' SWEEIWATER RIVER CHANNEL UNIT PER CALTRANS RIGHT OF WAY MAP NO. 49503 DATED DEC. 1983 205.00 704, . �'�� OF SWEcPXATEF? DATA TABLE RIVER CHANNEL 0S70.38'59"E-383.59'(CALC.) GRAPHIC SCALE 0 10 20' 40' 0 N33'22'53'W-60.00' Q N72'06'0 1 "E-87.30' 1" - 40' DRA •_.4 i, a 11.r1rosa rid/4" SAN DIEGO UNIFIED PORT DISTRICT TIDELAND LEASE WITHIN CORPORATE LMTS OF NATIONAL CRY CRY OF NATIONAL CRY AQUATIC CENTER EXHIBIT'B" DATE SEPT 12.1008 SCALE 1.=4D' REF 028-010 DRAWING NO. .LOFJ 028-025 DEVSERV\REMt\E28\028-025\028-025-081200dwg. DIV,160677 P7C2ffg401-70 I1.17.•••• N7706'01 87.30' \ 028-010 PARCEL NO. 2 028-010 PIER 32 MARINA GROUP. U.C. PARCEL NO. 1 L=1171921* L=44.23' R=21.60' • to=29•08.47. Lin 18.98' R=37.30' • *•':Nnowoi7g.:;:::::::: 8,412 SQ. • ........... 517559 ....... ...v.v... • ....... /..*uurr ETViAliR RIVER .50.y. • PER CALTRANS •:::;ARIGHT OF •••iir NO. .''..•..:.-..:•..::..:.:••:•;...."•• ..........::..,....•....:•:.. .•••......328-00.E.-:.•.:•:..L.. • gP;efr PMT..Y1.i '.: .::%.:.:...:7.:ff.:';•:;.?:COLN,,OF zDIG,.....::::::' (DOC No1727E' --•.• 30, ism) •::.:.;;;% - GRAPH:C SCALE 0 510' 15' I=T1 , 1. 23 15' DETAIL SCALE: 1...15' • N8T07'02"V 4.57' 525-43'14'E 4.08' N7208.01-E 80' ON. "PIM_ f ourrnvm$01,11 SAN DIEGO UNIFIED PORT DISTRICT 110ELAND LEASE WITHIN CORPORATE LIMITS OF NATIONAL MY CITY OF NATIONAL. CITY AQUATIC CENTER EXHIBIT 13-1 DATE SEPT. 12. 2008 SCALE 1.•15' REF 028-010 DRAWING HO. SHEET ZOF .2 028-025 1 1' 2 2 3 National City Aquatic Center Inventory of Equipment Item Units Folding Chairs 79 Folding Chair Cart 1 Round Folding Tables 10 Table Cart 1 TV & DVD Player 1 Cycling Bike 2 First Aid Kit (waterproof) 1 Heavy Duty Mat 1 Heavy Duty Mat 1 TV and DVD Player 1 Storage Cabinet 1 Binoculars 1 Sunscreen Dispenser VHF Radios and Chargers 3 Waterproof VHF Radio Cases 3 Dri-Dek Tiles 2 Shower Curtains Hooks 6 100 foot hose 1 First Aid Kit (mountable) 1 First Aid Kit (waterproof) 1 Megaphones 2 Hand Truck 1 Slip Guard Mats 2 Throw lines with bags 3 Tow lines 3 Flammable Safety Cabinet 1 Waterproof Backpack 1 Single Kayaks 16 Double Kayaks 8 Kayak Paddles 32 Kayak Seatbacks 35 Stand Up Paddleboard Paddles 12 Stand Up Paddleboards 11 Life Jackets with Whistles 47 Life Jacket Rack 1 Trash cans 4 EXHIBIT "D" ASSIGNMENT OF COASTAL DEVELOPMENT PERMIT CDP-2011-01 The CITY OF NATIONAL CITY, a municipal corporation, does hereby assign and transfer Coastal Development Permit CDP-2011-01 dated August 2, 2011 and bearing District Clerk Document No. 57961, as amended on July 18, 2013 and bearing District Clerk Document No. 60624, to the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation. Dated: , 2019 CITY OF NATIONAL CITY, a municipal corporation By: Signature PRINT NAME: Aleiandra Sotelo-Solis PRINT TITLE: Manor SDUPD Doc 156020S ORIGINAL AFFIDAVIT REGARDING COASTAL DEVELOPMENT PERMIT CDP-2011-01 The SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District), hereby assumes Coastal Development Permit CDP-2011-01 dated August 2, 2011 and bearing District Clerk Document No. 57961, and as amended on July 18, 2013 and bearing District Clerk Document No. 60624, from the CITY OF NATIONAL CITY, a municipal corporation, and agrees to comply with the terms and conditions contained therein as of the date written below. Dated: , 2019 SAN DIEGO UNIFIED PORT DISTRICT, a public corporation By: Signature PRINT NAME: PRINT TITLE: RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR SURRENDER AND TERMINATION OF LEASE BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR THE PROPERTY KNOWN AS THE NATIONAL CITY AQUATIC CENTER LOCATED AT 3300 GOESNO PLACE, THE QUITCLAIM DEED, AND THE ASSIGNMENT OF THE COASTAL DEVELOPMENT PERMIT. WHEREAS, in 2004, the City of National City's goal was to offer a public facility providing access to the waterfront; and WHEREAS, the City of National City and the San Diego Unified Port District worked together to realize the community goal and the National City Aquatic Center (NCAC) was completed in March of 2016; and WHEREAS, the National City Aquatic Center is a 4,700 square foot boat house/aquatic center located in the National City Marina District that provides recreational aquatic, safety, and environmental programs. In addition, there is potential for facility rentals such as birthday parties, baby showers, special family events, school programs, and community and corporate team building events; and WHEREAS, since March of 2015, the City of National City has been unable to find a viable operator for the National City Aquatic Center; and WHEREAS, in May of 2018, City Council approved the City to enter into discussions with the San Diego Unified Port District to transfer the National City Aquatic Center to the San Diego Unified Port District, reducing the City's structural deficit by $380,000; and WHEREAS, the City Council approval is required to complete the transfer of the National City Aquatic Center to the San Diego Unified Port District in order to reduce the structural deficit by $380,000 for the first year of operations and subsequently $255,000 annually. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Mayor to execute the Agreement for Surrender and Termination of Lease between the San Diego Unified Port District and the City of National City for the property known as the National City Aquatic Center located at 3300 Goesno, the Quitclaim Deed, and the Assignment of the Coastal Development Permit. PASSED and ADOPTED this 5th day of March, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CONTRACT TRANSMITTAL FORM (Attach as cover sheet to Documents dropped off to City Clerk's Office) Date: cember Vol2o19 From (Dept.): CCO(YWritiMikl � .XVIGe-S De r- A Submitted by (First & Last Name): le -at IA.0, L09e2 Vendor: ?OrA eak 3h Ve3o Resolution / NO Resolution No. (if applicable): 2OI ? -25 iz 4 Originals Provided to City Clerk (circle quantity) epartment has Co Duplicate Original Vendor has Copy