HomeMy WebLinkAboutReso 2021-166RESOLUTION NO. 2021-166
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CHULA VISTA BAYFRONT
PROJECT PHASE 1A EARLY WORK IMPLEMENTATION
AND RIGHT-OF-ENTRY LICENSE AGREEMENT BETWEEN
THE SAN DIEGO UNIFIED PORT DISTRICT, THE CITY, THE
CHULA VISTA BAYFRONT FACILITIES FINANCING
AUTHORITY, AND RIDA CHULA VISTA, LLC
WHEREAS, the City, the San Diego Unified Port District (the “Port District”), and RIDA
Chula Vista, LLC (RIDA) entered into a Disposition and Development Agreement on or about
May 7, 2018, to construct a resort hotel, a convention center, and certain public improvements (the
“Project”) in the Chula Vista Bayfront Master Plan (the “CVBMP”) area; and
WHEREAS, the City, the Port District, RIDA, the Chula Vista Bayfront Facilities
Financing Authority (the “Authority”), and the Bayfront Project Special Tax Financing District
(the “Bayfront Financing District”) anticipate entering into a project implementation agreement
upon Close of Escrow (as defined in the DDA) (“the Project Implementation Agreement”); and
WHEREAS, the Project Implementation Agreement is expected to obligate RIDA to
construct the Project; and
WHEREAS, in order to allow for greater efficiency in the construction of certain public
infrastructure improvements (the “Developer’s Phase 1A Infrastructure Improvements”) post -
Close of Escrow and to shorten the construction schedule for the Project, RIDA has requested early
access to parcel H-3 and adjacent areas (the “ROE Premises”) to perform some of the Developer’s
Phase 1A Infrastructure Improvements (the “Early Work”); and
WHEREAS, the Chula Vista Bayfront Project Phase 1A Early Work Implementation and
Right of Entry License Agreement between the parties has been negotiated and is recommended
for approval and execution (the “Agreement”); and
WHEREAS, Chula Vista Municipal Code section 2.56.160.H authorizes public works to
be constructed by a developer in accordance with the Municipal Code; and
WHEREAS, Chula Vista Municipal Code section 2.56.160.H.1.c authorizes a developer to
act as prime contractor for a developer-performed public work where developer provides written
notice demonstrating its competence and qualifications to perform the public work and City
determines that the developer is competent and qualified to complete the work; and
WHEREAS, Chula Vista Municipal Code section 2.56.160.H.1.c requires a developer
acting as a prime contractor for a developer-performed public work to competitively bid all
subcontracts for the work; and
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Resolution No. 2021-166
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WHEREAS, Chula Vista Municipal Code section 2.56.160.H.5 authorizes the City to
require a developer to enter into an agreement to implement a developer-performed work in
accordance with City’s requirements for developer-performed public works, including the
modification and/or waiver of City’s standard requirements and procedures to be undertaken in
connection with the performance and completion of the public work; and
WHEREAS, Chula Vista Municipal Code section 2.56.160.H.5 states that City Council’s
approval of an agreement that clarifies and establishes the requirements for performance of the
developer-performed public work constitutes the City Council’s determination and finding that
such procedures satisfy all applicable requirements for developer-performed public work; and
WHEREAS, RIDA has provided written notice to City staff regarding its competence and
qualifications to perform the public work and City staff has determined that the developer is
competent and qualified to complete the work; and
WHEREAS, staff recommends authorizing RIDA to act as prime contractor to perform the
Early Work; and
WHEREAS, staff recommends approving the Agreement which describes the requirements and
procedures to be undertaken in connection with the performance and completion of the Early
Work; and
WHEREAS, the Agreement provides for the reimbursement of RIDA for costs incurred
performing the Early Work and includes appropriate provisions and safeguards related to
subcontractor procurement, insurance, indemnification, and risk mitigation.
NOW, THEREFORE, BE IT RESOLVED, based on the foregoing recitals and
determinations, the City Council of the City of Chula Vista hereby :
1. Authorizes RIDA to act as prime contractor for the Early Work.
2. Approves the Chula Vista Bayfront Project Phase 1A Early Work Implementation and
Right of Entry License Agreement, between the Port District, the City, the Authority, and
RIDA, in the form presented, with such minor modifications as may be required or
approved by the City Attorney.
3. Authorizes and directs the City Manager to execute the Agreement.
4. Directs a copy of the fully executed Agreement to be kept on file in the Office of the City
Clerk.
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Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of August 2021 by the following vote:
AYES: Councilmembers: Cardenas, 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. 2021-166 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 24th day of August 2021.
Executed this 24th day of August 2021.
Kerry K. Bigelow, MMC, City Clerk
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