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AGENDA ITEM REVIEW FORM |
6.C.
Regular City Council Meeting
- Meeting Date:
- 03/22/2017
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding First Amendment to Development Agreement for Las Quintas De San Luis Two (II) Subdivision, owner Riedel Holdings, L.L.C. and Nieves Riedel. (Kay Marion Macuil, City Attorney)
SUMMARY:
This Agenda Item and the Agenda Item on the Intergovernmental Agreement (IGA) with the High School District are together on the Agenda as they must be considered together. The reason they need to be considered together is that all of the obligations of the City in the IGA with the High School District are contracted to Riedel Holdings, L.L.C. and Nieves Riedel in this First Amendment to the Development Agreement for Las Quintas De San Luis II. If the vote is for approval of one agenda item, the vote must be for approval of both.
The City of San Luis and Yuma Union High School District #70 wish to enter into an Intergovernmental Agreement in which the school will provide a utility easement that will connect to Las Quintas De San Luis 2 Subdivision. This is the shortest line to the the existing lift station and it is a gravity line rather than a forced line.
The City and the High School District have entered into a previous IGA which allows City recreational activities on the school recreational areas so improvements in the area will benefit both the High School District and the City.
Here is a summary of the IGA. In exchange for the easement from the High School District, the City (through this agreement with Riedel Holdings, L.L.C. and Nieves Riedel) is to move the fence currently in place ten (10) feet south, to provide a wastewater line, then 45 days after building the wastewater line build a concession stand and a restroom both for the recreational areas, and hold a fund of $4,500.00 to be used for any future fees the City may impose on the district into the future. If the concession stand and restroom are not built, then the school has the option of taking the $15,000.00. Riedel Holdings, L.L.C. has already provided to the City a $19,500.00 cashier's check to cover these funds. If the $15,000.00 is not used it will be returned to Riedel Holdings, L.L.C. plus any interest accrued. The High School District did not want a time limit on the $4,500.00 so that amount cannot be returned to Riedel Holdings, L.L.C.
If the wastewater line is not built within five (5) years then the City returns the easement to the High School District.
The City of San Luis and Yuma Union High School District #70 wish to enter into an Intergovernmental Agreement in which the school will provide a utility easement that will connect to Las Quintas De San Luis 2 Subdivision. This is the shortest line to the the existing lift station and it is a gravity line rather than a forced line.
The City and the High School District have entered into a previous IGA which allows City recreational activities on the school recreational areas so improvements in the area will benefit both the High School District and the City.
Here is a summary of the IGA. In exchange for the easement from the High School District, the City (through this agreement with Riedel Holdings, L.L.C. and Nieves Riedel) is to move the fence currently in place ten (10) feet south, to provide a wastewater line, then 45 days after building the wastewater line build a concession stand and a restroom both for the recreational areas, and hold a fund of $4,500.00 to be used for any future fees the City may impose on the district into the future. If the concession stand and restroom are not built, then the school has the option of taking the $15,000.00. Riedel Holdings, L.L.C. has already provided to the City a $19,500.00 cashier's check to cover these funds. If the $15,000.00 is not used it will be returned to Riedel Holdings, L.L.C. plus any interest accrued. The High School District did not want a time limit on the $4,500.00 so that amount cannot be returned to Riedel Holdings, L.L.C.
If the wastewater line is not built within five (5) years then the City returns the easement to the High School District.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR LAS QUINTAS DE SAN LUIS TWO (II) SUBDIVISION AND AUTHORIZE APPROPRIATE STAFF TO TAKE ALL ACTION NECESSARY TO PUT IT INTO EFFECT.
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):
There is no fiscal impact on the City for this agenda item.