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HomeMy WebLinkAbout2022 CON Unified Port District Five Party Agreement EIR - Sixth AmendmentDocuSign Envelope ID: 012AB945-2876-464A-A205-118F84C90956 SIXTH AMENDMENT TO AGREEMENT The parties to this Sixth Amendment to Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation ("District"), CITY OF NATIONAL CITY, a municipal corporation of the state of California (City), ICF JONES & STOKES, INC., a Delaware corporation ("Consultant"), PASHA AUTOMOTIVE SERVICES, a California corporation ("Pasha"), and GB CAPITAL HOLDINGS, a Limited Liability Corporation ("GB Capital"). Pasha and GB Capital are collectively referred herein as "Applicant" or "Applicants." The District and City are collectively referred herein as "Agencies." The Agencies, Consultant and Applicants are sometimes individually referred to as a "Party" and are sometimes collectively referred to as "Parties." Recitals: The Parties entered into an agreement, on file in the office of the District Clerk as Document No. 66173, filed February 23, 2017 ("Agreement"), for professional services whereby Consultant is to prepare an EIR for the Proposed Project, as defined and described in Exhibit A to the Agreement. An amendment to the Agreement is on file in the office of the District Clerk as Document No. 67390, filed October 13, 2017; a second amendment to the Agreement is on file in the office of the District Clerk as Document No. 69808, filed April 10, 2019; a third amendment is on file in the office of the District Clerk as Document No. 71568, filed June 22, 2020; a fourth amendment is on file in the office of the District Clerk as Document No. 72069, filed December 14, 2020; and a fifth amendment is on file in the office of the District Clerk as Document No. 73410, filed December 17, 2021. It is now proposed to enter into a Sixth Amendment to the Agreement to extend the termination date of the Agreement to December 31, 2022. The Parties Agree: The Agreement is amended as follows: 1. The term of the Agreement is hereby extended and shall terminate on December 31, 2022. DocuSign Envelope ID: 012AB945-2876-464A-A205-118F84C90956 2. All other terms, covenants, and conditions in the original Agreement, as amended, shall remain in full force and effect and shall be applicable to this Sixth Amendment. May 20, 2022 DATED: , 2022 Approved as to form and legality: SAN DIEGO UNIFIED PORT DISTRICT GENERAL COUNSEL �t �t Cla S. ftor 'i1noybLA, By By: Assistant General Counsel JASON H. GIFFEN Vice President, Planning & Environment jaw, (iri-u& Approved as to form and legality: CITY OF NATIONAL CITY, CITY ATTORNEY a Municipal Corporation of the State of California (J a .t,S f. bc.(1, jr. By i°jV'a�.) ,S-Oln, By: CHARLES E. BELL, JR. BRAD RAULSTON City Attorney City Manager ICF JONES & STOKES, INC., a Delaware Corporation By PASHA AUTOMOTIVE SERVICES, a California Corporation avvvi SLuuckArk.c.��i aan In itn By GB CAPITAL HOLDINGS, a Limited Liability Corporation of the State of California By 2 DocuSign Certificate Of Completion Envelope Id: 012AB9452876464AA205118F84C90956 Subject: Please DocuSign: Sixth Amendment to Five Party Agreement Source Envelope: Document Pages: 2 Signatures: 7 Certificate Pages: 6 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 5/18/2022 3:09:46 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Amy Sherburne Manning Amy_Manning@pashanet.com Corporate Secretary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/19/2022 8:16:23 AM ID: 5761 cbb9-86da-4a15-96c9-298bfea73988 Company Name: San Diego Unified Port District Jodi Young jodi.young@icf.com Manager, Contracts ICF Jones & Stokes, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/18/2022 3:33:02 PM ID:8f5210c9-7845-4e1b-abb4-299b41771858 Company Name: San Diego Unified Port District Gregory Boeh gboeh@gbcapitalholdings.com C.O.O. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/19/2022 10:01:07 AM ID: 2983d103-723e-4d25-9d4a-167e8ceaecfe Company Name: San Diego Unified Port District Holder: Joely Habib jhabib @ portofsandiego.org Pool: StateLocal Pool: San Diego Unified Port District Signature Signature Adoption: Pre -selected Style Signed by link sent to Amy_Manning@pashanet.com Using IP Address: 192.129.0.4 Signature Adoption: Pre -selected Style Signed by link sent to jodi.young@icf.com Using IP Address: 174.62.87.131 1vt,4br^y f �jbt U Signature Adoption: Pre -selected Style Signed by link sent to gboeh@gbcapitalholdings.com Using IP Address: 98.187.251.75 Status: Completed Envelope Originator: Joely Habib 3165 Pacific Highway San Diego, CA 92101 jhabib@portofsandiego.org IP Address: 207.215.153.162 Location: DocuSign Location: DocuSign Timestamp Sent: 5/18/2022 3:22:02 PM Viewed: 5/19/2022 8:16:23 AM Signed: 5/19/2022 8:16:34 AM Sent: 5/18/2022 3:22:03 PM Viewed: 5/18/2022 3:33:02 PM Signed: 5/18/2022 4:26:24 PM Sent: 5/18/2022 3:22:02 PM Viewed: 5/19/2022 10:01:07 AM Signed: 5/19/2022 10:02:44 AM Signer Events Rebecca S. Harrington rharrington@portofsandiego.org Senior Deputy General Counsel Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/19/2022 11:59:52 AM ID: deb96390-4a30-4fb3-a899-b29a8dad40bb Company Name: San Diego Unified Port District Jason H. Giffen jgiffen@portofsandiego.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/20/2022 6:49:55 AM ID: 03f 1809d-3f34-4789-be 16-4c732cecdd70 Company Name: San Diego Unified Port District Charles E. Bell Jr. cbell @ nationalcityca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/24/2022 7:52:42 AM ID: b5a46e65-0e06-4273-a5a3-32e1a46baf 16 Company Name: San Diego Unified Port District Brad Raulston braulston @ nationalcityca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/24/2022 8:33:25 AM ID:c1db2893-5112-4e15-bd8a-74f2917049dd Company Name: San Diego Unified Port District In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Signature t4iit wL S. A-avVitn.9atbin, Signature Adoption: Pre -selected Style Signed by link sent to rharrington@portofsandiego.org Using IP Address: 207.215.153.162 3asoln, (k, Girrua. Signature Adoption: Pre -selected Style Signed by link sent to jgiffen@portofsandiego.org Using IP Address: 68.101.166.211 Signed using mobile (Luw(.Gs f. 61.LL Signature Adoption: Pre -selected Style Signed by link sent to cbell@nationalcityca.gov Using IP Address: 12.188.214.220 trd KauL,S{btn, Signature Adoption: Pre -selected Style Signed by link sent to braulston@nationalcityca.gov Using IP Address: 76.249.139.91 Signature Status Status Status Timestamp Sent: 5/19/2022 10:02:46 AM Resent: 5/19/2022 11:57:41 AM Viewed: 5/19/2022 11:59:52 AM Signed: 5/19/2022 12:00:00 PM Sent: 5/19/2022 12:00:05 PM Viewed: 5/20/2022 6:49:55 AM Signed: 5/20/2022 6:51:04 AM Sent: 5/20/2022 6:51:05 AM Resent: 5/23/2022 11:13:54 AM Viewed: 5/24/2022 7:52:42 AM Signed: 5/24/2022 7:53:58 AM Sent: 5/24/2022 7:54:00 AM Viewed: 5/24/2022 8:33:25 AM Signed: 5/24/2022 8:33:47 AM Timestamp Timestamp Timestamp Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events OGCincomingdocs OCCincomingdocs@portofsandiego.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/1/2021 3:03:48 PM ID: c5b3a08a-1177-4ef5-bd56-d40f4708f984 Company Name: San Diego Unified Port District Guillermina Oliva goliva@ portofsandiego.org Executive Assistant -General Services San Diego Unified Port District Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Anna Buzaitis abuzaiti@portofsandiego.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/23/2022 3:27:42 PM ID: 5569a2d4-10b8-4ed4-b971-38534c073321 Company Name: San Diego Unified Port District Anna Buzaitis abuzaiti@portofsandiego.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/23/2022 3:27:42 PM ID: 5569a2d4-10b8-4ed4-b971-38534c073321 Company Name: San Diego Unified Port District Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Payment Events Status COPIED COPIED COPIED COPIED Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status Electronic Record and Signature Disclosure Timestamp Sent: 5/19/2022 12:00:02 PM Sent: 5/19/2022 12:00:03 PM Viewed: 5/19/2022 12:01:10 PM Sent: 5/19/2022 12:00:04 PM Viewed: 5/19/2022 12:29:22 PM Sent: 5/24/2022 8:33:49 AM Timestamp Timestamp Timestamps 5/18/2022 3:22:03 PM 5/24/2022 8:33:25 AM 5/24/2022 8:33:47 AM 5/24/2022 8:33:49 AM Timestamps Electronic Record and Signature Disclosure created on: 4/29/2021 8:53:11 AM Parties agreed to: Amy Sherburne Manning, Jodi Young, Gregory Boeh, Rebecca S. Harrington, Jason H. Giffen, Charles E. Bell Jr., Brad Raulston, OGCincomingdoc ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, San Diego Unified Port District (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. 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