HomeMy WebLinkAboutReso 2020-175RESOLUTION NO. 2020-175
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE THIRD AMENDED AND
RESTATED OPERATING AGREEMENT BETWEEN THE
CITY AND LIVING COAST DISCOVERY CENTER
WHEREAS, on October 1, 2014, the City of Chula Vista 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; and on February 4, 2016 the City
Manager extended the term to June 30, 2017 under the Article 3.2 of the Operating Agreement;
and
WHEREAS, on July 1, 2017, the Parties entered into the Second Amended and Restated
Operating Agreement for the term ending December 31, 2018; in June 2019 the City Manager
extended the term to June 30, 2020 under the Article 3.2 of the Operating Agreement; and
WHEREAS, in order to further extend the Operating Agreement, and to update certain
provisions thereof, the Parties now desire to enter into this Third Amendment and Restated
Operating Agreement for an initial term ending December 31, 2021, with an automatic term
extension to June 30, 2023, 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,
maintained LCDC general attendance equal to or greater than the previous 12 month period; and
(e) complied with all material terms and conditions of this Third Amended 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 Third 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.
DocuSign Envelope ID: 6258DF95-8BEB-433D-928F-8845C3F13184
Resolution No. 2020-175
Page No. 2
Presented by Approved as to form by
Tracy Lamb Glen R. Googins
Director of Community Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of July 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-175 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of July 2020.
Executed this 28th day of July 2020.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: 6258DF95-8BEB-433D-928F-8845C3F13184