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HomeMy WebLinkAboutReso 2024-065RESOLUTION NO. 2024-065 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT TO PROVIDE LEGAL SERVICES FOR COMMUNITY FACILITIES DISTRICT FORMATION, BOND COUNSEL, AND BOND DISCLOSURE SERVICES BETWEEN THE CITY AND BEST, BEST & KRIEGER FOR COMMUNITY FACILITIES DISTRICT 2024-2 (676 MOSS STREET) WHEREAS, Shea Homes Limited Partnership, (“Developer”) is the owner of the Moss Street project located at 676 Moss Street (“the Project”). Developer has requested that the City of Chula Vista (City”) form a Community Facilities District (“CFD”) to finance public improvements and development impact fees, which are a requirement to develop the Project; and WHEREAS, the City of Chula Vista (“City”) requires legal services, independent bond counsel, and bond disclosure services to be performed in connection with the formation of this CFD 2024-2 (676 Moss Street); and WHEREAS, in accordance with Chula Vista Municipal Code (“CMVC”) Section 2.56.110(A)(1) and (F), staff has determined that Best, Best & Krieger has the demonstrated competence and qualifications for the services required, including their knowledge and experience with the City’s bond financings, and has also determined that their fees are fair and reasonable; and WHEREAS, the City Attorney’s Office, in consultation with the Purchasing Agent, has determined that pursuant to CVMC Section 2.56.110(F), the award of the contract to Best, Best & Krieger is based on their unique qualifications and performance characteristics providing legal services for CFD formation, bond, and disclosure services in the City of Chula Vista; and WHEREAS, staff recommends that the City enter into an agreement with Best, Best & Krieger to provide necessary legal services, bond counsel, and bond disclosure services for the formation of CFD 2024-2 (676 Moss Street); and WHEREAS, Best, Best & Krieger warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required to the City in accordance with the time frames and the terms and conditions of the Legal Services Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Legal Services Agreement for Legal Services, Bond Counsel, and Bond Disclosure Services between the City and Best, Best and Krieger 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 City Attorney to execute same. DocuSign Envelope ID: D79EDC2E-9023-4D34-85C4-80F13A1FCD04 Resolution No. 2024-065 Page No. 2 Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of April 2024 by the following vote: AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, 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. 2024-065 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of April 2024. Executed this 23rd day of April 2024. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: D79EDC2E-9023-4D34-85C4-80F13A1FCD04