HomeMy WebLinkAboutReso 2025-149RESOLUTION NO. 2025-149
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FOURTH 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, on July 28, 2020, the Parties entered into the Third Amended and Restated
Operating Agreement for the term ending June 30, 2023; the City Manager has extended the term
to September 9, 2025, 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 Fourth Amendment and Restated
Operating Agreement for a term ending June 30, 2029; and
WHEREAS, the LCDC will be required 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 the LCDC’s cost; and
WHEREAS, the audit will be completed, and a copy provided to the City of Chula Vista
Director of Finance no later than November 1 of the audit year; and
WHEREAS, the City will engage an independent auditor to complete one performance
audit in 2028 at the City’s expense.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Fourth Amended and Restated Operating Agreement between the City of Chula
Vista and Living Coast Discovery Center, in the form presented, with such 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 Manager to execute same.
Docusign Envelope ID: 3006F359-F6A8-4022-B7A0-342FF006517A
Resolution No. 2025-149
Page No. 2
Presented by Approved as to Form by
Courtney Chase Marco A. Verdugo
Deputy City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of September 2025 by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, 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. 2025-149 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 September 2025.
Executed this 9th day of September 2025.
Kerry K. Bigelow, MMC, City Clerk
Docusign Envelope ID: 3006F359-F6A8-4022-B7A0-342FF006517A