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AGENDA ITEM REVIEW FORM
6.I.
Regular City Council Meeting
Meeting Date:
02/26/2025
Department Head:
Jose A. Guzman
Submitted By:
Jose A. Guzman, Director of Development Services, Development Services
Action Requested:
Motion
Resolution

ITEM:

Discussion and possible action on any and all matters regarding Resolution No. 2355. A Resolution of the Mayor and City Council of the City of San Luis, Arizona, approving the First Amendment to La Esperanza Estates Subdivision Development Agreement as approved by Resolution No. 2292; repealing conflicting provisions; and providing for severability.  (Jose A. Guzman, Director of Development Services)

SUMMARY:

City Council approved a Development Agreement between the City of San Luis and Riedel Holdings LLC for the La Esperanza Estates Subdivision under Resolution No. 2292. The subdivision approval and Development Agreement included conditions requiring full improvements along adjacent streets, including 6th Avenue, as stipulated in Subdivision Regulations Section 3.3(4). Due to the City’s timeline for the 6th Avenue project, it was determined that accepting financial assurance in lieu of immediate construction was the most practical approach. Therefore, the City accepted a cashier's check from the Owner in the amount of $180,655.23, which was based on the engineer's cost estimate for the required improvements. 

The original approval conditioned the use of these funds solely on improvements along the subdivision's frontage. However, in coordination with the Owner, staff recommends amending the Development Agreement to authorize the use of these funds for the design, right-of-way acquisition, and construction of the entire 6th Avenue project rather than limiting use to the subdivision frontage. This amendment ensures that the funding aligns with the City's infrastructure planning and ongoing improvements along 6th Avenue. All other provisions, as outlined in Resolution No. 2292, will remain unchanged and in effect. 

The proposed amendment will include the following language:
  1. Unless specifically amended, all provisions of the Development Agreement shall remain in full force and effect.
  2. The Development Agreement is hereby amended to allow the City to use the $180,655.23 provided by the Owner for the design, right-of-way acquisition, and related costs associated with improving the entire 6th Avenue project, not just the frontage of the La Esperanza Estates Subdivision.  

RECOMMENDATION / SUGGESTED MOTION:

I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2355, AS PRESENTED. 

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
N/A
CITY/STATE/FEDERAL FUNDS:
N/A
TOTAL:
N/A
BUDGETED AMOUNT:
N/A
AVAILABLE AMOUNT TO TRANSFER:
N/A
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
N/A

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

N/A

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