Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING MEMORANDUM OF
UNDERSTANDING REGARDING POTENTIAL
DEVELOPMENT OF CERTAIN PARK IMPROVEMENTS
BETWEEN THE CITY AND LANDIFY ECT CORPORATION
WHEREAS, Landify ECT Corporation (“ECT”) focuses on “upcycling,” including reusing tested and clean excavated soil from urban construction sites to assist communities and local authorities in the delivery of sustainable public park projects through a collaborative development model; and
WHEREAS, one of the benefits of ECT’s business model is that ECT will partially self - finance the public park development projects it undertakes; and
WHEREAS, the City has an interest in certain parcels of land to be developed for public park purposes, including but not limited to, those sites commonly known as the Lower Sweetwater Community Park and the Otay Ranch Community Park North (the “Proposed Park Projects”); and
WHEREAS, the City desires the future potential development of the Prop osed Park Projects; and
WHEREAS, the Lower Sweetwater Community Park is envisioned to include multipurpose fields, an outdoor basketball court, tennis/pickleball courts, play structures, a dog park, picnic tables, shade structures, as well as maintenance and restroom facilities; and
WHEREAS, the Otay Ranch Community Park North is envisioned to include multipurpose fields, baseball fields, an outdoor basketball court, tennis/pickleball courts, play structures, picnic tables, shade structures, as well as concessions, maintenance, and restroom facilities; and
WHEREAS, the City intends to initiate the necessary review and approval of each of the Proposed Park Projects pursuant to a master plan or similar process (each, a “Park Master Plan”) to be prepared by ECT; and
WHEREAS, the Parties desire to utilize ECT’s expertise to develop certain of the improvements in the Proposed Park Projects, consistent with the possible Park Master Plans; and
WHEREAS, the Parties desire to enter into a Memorandum of Understa nding Regarding Potential Development of Certain Park Improvements (the “MOU”, which is Attachment 1 to the Staff Report on this matter) to enable the Parties to undertake the required due diligence to evaluate the feasibility of the Proposed Park Projects including, among others, evaluating environmental conditions on the subject Park lands; and
Resolution No.
WHEREAS, should the Parties agree that proceeding with the Proposed Park Projects is feasible and mutually desirable, then the MOU will facilitate ECT’s proposal to construct some or all of the contemplated improvements (all such amenities and park uses to be discussed with the City and local stakeholders and approved by the City); and
WHEREAS, if, after receipt and satisfactory rev iew of ECT’s proposal to construct some or all of the contemplated improvements, the Parties intend to proceed with the Design, Entitlements, and Definitive Agreement(s), as described more fully in the MOU; and
WHEREAS, the City may identify and propose additional sites for public park development by the Parties in the future (the “Potential Park Projects”); and
WHEREAS, because ECT will develop certain improvements in the Proposed Park Projects without cost or expense to the City for such work, typical competitive bidding requirements do not apply; and
WHEREAS, City staff recommends approval and adoption of the MOU with ECT; and
WHEREAS, the City Council has reviewed and considered all materials for the MOU with ECT.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Memorandum of Understanding Regarding Potential Development of Certain Park Improvements, between the City and Landify ECT Corporation, 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 Manager to execute same.
Presented by Approved as to form by
Tiffany Allen Jill D.S. Maland
Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney