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HomeMy WebLinkAboutReso 2002-227 RESOLUTION NO. 2002-227 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING THE FOUR-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, REMY, THOMAS AND MOOSE, LLP (CONSULTANT), MCMILLIN OTAY RANCH, LLC, AND OTAY PROJECT L.P. (APPLICANT), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the applicant, McMillin Otay Ranch, as developer of Village Six, and Otay Project L.P., as developer of Otay Ranch Village One, Village One West, and Village Five have agreed to enter into agreements whereby the developers fund contract to retain the firm of Remy, Thomas and Moose, LLP to provide legal advice and defend the City in connection with land use matters and potential litigation predicated upon alleged deficiencies in compliance requirements of the Otay Ranch development; and WHEREAS, Remy, Thomas and Moose have demonstrated knowledge of litigation issues facing the City and are familiar with City processes; and WHEREAS, Remy, Thomas and Moose are very familiar with development in the eastern territories and have performed satisfactorily in the past; and WHEREAS, staff recommends that the City's interests would be materially better served by waiving competitive bid requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the consultant selection process, approve a four-party agreement between City of Chula Vista, Remy, Thomas and Moose, LLP, consultant, McMillin Otay Ranch, LLC and Otay Project, L.P., applicant, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreements on behalf of the City of Chula Vista. Presented by Approved as to form by J.o .~.. P.._L. ippitt ~ ~ ~ ~M. Kaheny Public Works Director ~fy Attorney ~/ Resolution 2002-227 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of July, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ShfffeY Hort ~/gJ;?, Mayor ATrEST: Susan Bigelow, City Clerk U STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-227 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of July, 2002. Executed this 9th day of July, 2002. Susan Bigelow, City Clerk ~/