HomeMy WebLinkAboutReso 2017-105RESOLUTION NO. 2017-105
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDED AND
RESTATED OPERATING AGREEMENT BETWEEN THE
CITY AND LIVING COAST DISCOVERY CENTER
WHEREAS, on September 23, 2014, the City of Chula and the Living Coast Discovery
Center ("LCDC") entered into an Amended and Restated Operating Agreement for a period of
one (1) year, with an expiration date of December 31, 2015, with an opportunity for term
extension upon performance measurements being met, ending on June 30, 2017; and
WHEREAS, the parties now desire to enter into a Second Amended and Restated
Operating Agreement -(the- *Agreement") for an initial term ending December 31, 2018, with an
automatic term extension to June 30, 2020, conditioned upon performance measurements being
met including: (a) a separate operational reserve fund established and funded for LCDC
operations with a minimum unencumbered balance of $100,000; (b) established and documented
27 new partnerships, collaborations, and/or programs that increase, in the aggregate, LCDC net
revenues; (c) maintained or augmented LCDC Board membership; (d) over a 12 month period,
increased LCDC general attendance by two percent (2%) or greater as compared to the previous
12 month period; and (e) complied with all material.terms and conditions of the Agreement; and
WHEREAS, the LCDC will continue to submit quarterly financial reports to the City;
and
WHEREAS, the LCDC will contract with an independent audit firm to conduct an audit
every other year at LCDC's cost; and
WHEREAS, the audit will be completed and a copy provided to the City of Chula Vista
Finance Director no later than November 1 of the audit year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of -the City of Chula
Vista, that it approves the Second Amended and Restated Operating Agreement between the City
of Chula Vista and Living Coast Discovery Center, in the form presented, with such minor
modifications as may be required or approved by the City Attorney; a copy of which shall be
kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute
same.
Presented by
Approved as to form by
Kristi McClure Huckaby len R. oogi
Director of Recreation ey
Resolution No. 2017-105
Page No. 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of June 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
InjEras, Mayor
ATTEST:
Cityilerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2017-105 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 20th day of June 2017.
Executed this 20th day of June 2017.
Donna R. N is, CM City Clerk