PUBLIC NOTICES
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Port of San Diego
PUBLISHED: Wednesday August 21, 2013

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2733

ORDINANCE GRANTING AMENDMENT NO. 1 TO EICHENLAUB MARINE, INC. TO INCLUDE CURRENT LEASE PROVISIONS

WHEREAS
, the San Diego Unified Port District (District) is a public corporation
created by the Legislature in 1962 pursuant to Harbors and Navigation Code
Appendix I (Port Act); and
WHEREAS, Section 87(b) of the Port Act grants authority to the District to lease the tidelands or submerged lands, or parts thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which those lands are held, by the State of California; and
WHEREAS, Eichenlaub Marine, Inc. (Eichenlaub), a California corporation has a 30-year Lease with the District which commenced November 1, 2008 and expires
October 31, 2038 to operate a small marine sales and service facility on file in the
Office of the District Clerk as Document No. 54213; and
WHEREAS, Eichenlaub's lease provides that as a condition of the assignment and assumption of leasehold, the lease language be updated to current District standards; and
WHEREAS, rent will be increased to market two months in advance by applying the Los Angeles All Urban Consumer Price Index; and
WHEREAS, Amendment No. 1 includes the new rent review language that includes the baseball appraisal, as well as updated indemnity language that requires
Eichenlaub to cover any costs associated with processing environmental and coastal approvals and new labor and prevailing wage language.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That Amendment No. 1 to the 30-year lease agreement between the San Diego Unified Port District and Eichenlaub Marine, Inc., a California corporation to update to current lease provisions that includes rent review language that includes baseball appraisal, indemnity language that requires Eichenlaub to cover any costs associated with processing environmental and coastal approvals and new labor and prevailing wage language on file in the Office with the District Clerk as Document No.60668, is hereby approved and granted.
Section 2. The Executive Director or his designated representative is hereby
directed to execute Amendment No. 1 to the lease agreement between the San Diego Unified Port District and Eichenlaub Marine, Inc.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

AYES: Castellanos, Merrifield, Moore, Nelson, Smith, Valderrama
NAYS: None.
EXCUSED: Malcolm.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Ann Y. Moore, Chair
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub. Aug 21-00113597

SAN DIEGO UNIFIED PORT DISTRICT

ORDINANCE 2734

ORDINANCE GRANTING LEASE AMENDMENT NO. 2 TO THE CITY OF
NATIONAL CITY TO MODIFY LEASE TERMS DUE TO THE DISSOLUTION OF THE STATE OF CALIFORNIA REDEVELOPMENT AGENCIES

WHEREAS
, the San Diego Unified Port District (District) is a public corporation
created by the Legislature in 1962 pursuant to Harbors and Navigation Code
Appendix I (Port Act); and
WHEREAS, Section 30.5(e) of the Port Act states any property acquired by the
District shall become an asset of the public trust and be subject to Section 87; and
WHEREAS, Section 87(b) of the Port Act grants authority to the District to lease the tidelands or submerged lands, or parts thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which those lands are held, by the State of California; and
WHEREAS, pursuant to Ordinance No. 2613 adopted by the Board of Port
Commissioners (BPC) on June 8, 2010 the District and the Community Development Commission of the City of National City (CDC), a Redevelopment Agency for the City of National City (City) entered into a Lease wherein the District leased approximately 8,412 square feet of land area located at the south end of Goesno Place in the City of National City for the development of an Aquatic Center, on file in the Office of the
District Clerk as Document No. 56735; and
WHEREAS, In June 2011, the California legislature passed two bills that dissolved Redevelopment Agencies (RDA) throughout California, therefore dissolving the City's RDA; and
WHEREAS, District administratively approved, on the 8th day of July 2011, an
assignment of the Lease from Community Development Commission of National City to the City of National City, which Assignment and Assumption Approval is on file in the Office of the Clerk of Lessor bearing Document No. 57887; and
WHEREAS, the dissolution of the RDA created set-backs for the City regarding
progress with the development of the Aquatic Center and meeting its obligations of deadlines in its Lease with the District; and
WHEREAS, District and City, on the 11th day of January, 2013, mutually agreed to amend the commencement of construction of improvements to the National City Aquatic Center, which Amendment No. 1 is on file in the Office of the District Clerk bearing Document No. 59801; and
WHEREAS, concurrently with this Lease Amendment No. 2, the parties are
amending a Memorandum of Understanding concerning financial contributions to the Aquatics Center and desire to amend the Lease in accordance therewith.
NOW, THEREFORE, the Board of Port Commissioners of the San Diego Unified Port District does ordain as follows:
Section 1. That Amendment No. 2 to the Lease between the San Diego Unified Port District and the City of National City, a California municipal corporation is hereby granted and approved and is on file in the Office of the District Clerk.
Section 2. The Executive Director or his designated representative is hereby
directed to execute Amendment No. 2 to the Lease with the City of National City on behalf of the San Diego Unified Port District.
Section 3. This ordinance shall take effect on the 31st day from its passage by the Board of Port Commissioners.

AYES: Castellanos, Merrifield, Moore, Nelson, Smith, Valderrama
NAYS: None.
EXCUSED: Malcolm.
ABSENT: None.
ABSTAIN: None.
SIGNED BY: Ann Y. Moore, Chair
ATTESTED BY: Timothy A. Deuel, District Clerk
Pub. Aug 21-00113596


Port of San Diego
PUBLISHED: Wednesday August 21, 2013


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