HomeMy WebLinkAboutReso 2014-184 RESOLUTION ?�'0. 2014-184
RESOLUTION OF THE CIT1' COUNCIL OF THE CITY OF
CHUL.A VISTA APPROVIIvG AN A?�4E?�'DED a�TD
RESTATED OPERATII�'G .4GREEMENT BETWEEN THE
CITl' .4ND LIVI1vG COAST DISCOVERI' CENTER
R'HERE.AS, on June 11, 20li, the Cit�� of Chula and the Li�ing Coast Discoverv Center
(`LCDC") entered into a first amendment to the Operating Agreement for a period of one (1)
��ear, endine on June 30. 2014: and
WHEREAS, the Cit�� �9anaeer agreed to e�tend the Operatine Agreement until
September 30. 2014; and
WFIEREAS, the Amended and Restated Operatine Agreement ('`Agreemenr`) �vith an
expiration date of December 31. 201�. includes an auromatic term-extension pro�ision. ��hich
�Till estend the term of the Agreement to June 30, 2017, pro��ided certain performance
measurements are met, includine: (a) a separate operational resen e fund established and funded
for LCDC operations ��ith a minimum unencumbered balance of 5100,000; (b) established and
documented 27 ne�;� partnerships; collaborations, and/or programs that increase, in the aeeresate,
LCDC net revenues; (c) maintained or auemented LCDC Boazd membership; (d) over a 12
month period, increased LCDC general attendance bv t���o percent (2%) or greater as compared
to the pre��ious 12 month period; and (e) complied ���ith all material terms and conditions of this
Aereement: and
�'�'HEREAS. pro��isions of the Agreement provide that the Cit}� shall transfer all risht,
title and interest in and to the follo���ine vehicles currentiv used for LCDC operations: (a) 199�
Gillie, Lic. No. EOli�16, ���ith appro�imateh� 1�7;000 miles; and (b) 200� El Dorado E-Z Rider
IL Lic. \'o. 1212768, �+�ith approximatel�-4�;000 miles; and
�'�'HEREAS. these ��ehicles �rill be transferred to Operator at no cost and in �'as is"
condition: and
�i'HEREAS; additionall��_ the A�reement pro�•ides for the follo�i-ine: (a) Operator shall
not mal:e material modifications to the LCDC Impro��ements ���ithout Cit��'s prior ���ritten
appro��aL «�hich such approval shall not be materiall�� �vithheld or dela��ed; (b) the LCDC «ill
continue to submit quarterly financial reports to the Cit�; (c) the Cih� shall contribute �10,000
toH�ards the cost of an audit for the LCDC, �+�hich audit shall be completed and a copy pro��ided
to the Cih� no later than October l. 2014.
NOW. THEREFORE. BE IT RESOLVED bv the Cit�� Council of the Citv of Chula
Vista, that it appro��e the Amended and Restated Operatine Aereement bet���een the Cit�� of
Chula \'ista and Li��in� Coast Discover�� Center, in the form presented, ���ith such minor
modifications as mav be required or approved b}� the Cit}� Attorne��; a cop�� of «�hich shall be
kept on file in the Office of the Cit}� Clerk, and authorize and direct the Citv n4anaser to execute .
same.
Resolution No. 2014-1 S4
Paee No. 2
Presented bv Approved as to form b��
�;//-� /
Kristi McClure �� len R. ogins
Director of Recreation _� Att ey
PASSED, APPROVED; and ADOPTED by the City Council of the Cit�� of Chula Vista
California, this 23rd da�� of September 2014 by the following vote:
AYES: Councilmembers: A�uilar; Bensoussan, Ramirez, Salas and Cox
1�'AYS: Councilmembers: None
ABSENT: Councilmembers: 1�'one
�
Cher}�I Cox, vor
ATTEST:
/��� !
Donna R. Norris. CMC. Ciri Clerk
STATE OF CALIFORI�'IA ) ,
COUI�'TY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris; City Clerk of Chula Vista; California; do hereby certify that the fore�oing
Resolution No. 2014-184 ���as duly passed, appro��ed, and adopted by the City Council at a
reeular meetine of the Chula Vista City Council held on the 23rd day of September 2014.
Eaecuted this 23rd day of September 2014.
�.�.�� ��,�
Donna R. Norris, CM , City Clerk