CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. R-26-27 ENACTMENT NO. ________________________
SPONSORED BY: Joaquín Baca, by request
RESOLUTION
title
Relating To The Approval Of The Capital Development Agreement For The Encuentro Home Health Aid Training Center, Developed By La Plaza De Encuentro Gathering Place (Baca, by request)
body
WHEREAS, the City of Albuquerque (the "City") is a legally and regularly created, established, organized, and existing municipal corporation of the State of New Mexico (the "State"); and
WHEREAS, the New Mexico Metropolitan Redevelopment Code, Section 3-60A-l et seq. NMSA 1978 (the "MR Code"), confers certain powers upon the municipality to promote catalytic developments within areas that have been deemed blighted by the governing body of the municipality and authorizes the municipality to create a Metropolitan Redevelopment Agency (MRA) for the purpose of elimination or prevention of slum or blight; and
WHEREAS, pursuant to the MR Code, Sections 3-60A-12 through 3-60A-13.1, as amended (the "Act"), the City is authorized to acquire, whether by construction, purchase, gift, or lease, and to finance, sell, lease, or otherwise dispose of, projects, as well as exempt property from taxes, as defined in the Act; and
WHEREAS, the City desires to promote redevelopment in areas designated as blighted and contribute to neighborhood stabilization by providing housing, convenient services, job and business support, building upgrades, infrastructure, and neighborhood beautification programs for such areas, and to promote the public health, welfare, safety, convenience, and prosperity; and
WHEREAS, the City Council (the "Council"), after notice and public hearing, as required by the Code, approved the Barelas Neighborhood Commercial Area Revitalization and Metropolitan Area Plan (“Barelas MR Plan”) in September 1991, by R-430 Enactment Number 148-1991; and
WHEREAS, the Council adopted an ordinance establishing the Albuquerque Development Commission (the "Development Commission") to review metropolitan redevelopment projects proposed to be owned and leased by the City pursuant to City Resolution No. 16-1985, as amended; and
WHEREAS, La Plaza De Encuentro Gathering Place, a duly organized and validly existing as such under the laws of the State New Mexico 501(c)3 (together with its successors and assigns, the “Developer”) presented to the Development Commission and the Council a capital development project (the “Project”) requesting City stewardship of Three Hundred Seven Thousand Eight Hundred and 00/100 Dollars ($307,800.00) Capital Outlay Funds from the New Mexico State Legislature. This sum includes HB285 Section 29 Subsection 43 from the 2021 legislative session, for Two Hundred Seventeen Thousand Eight Hundred and 00/100 dollars ($217,800) and HB505 Section 28 Subsection 7 from the 2023 legislative session for Ninety Thousand and 00/100 dollars ($90,000) appropriated to the Developer to design, develop, construct, equip, and implement a Home Health Aid Training Center (“The Center”); with the Capital Development Agreement and a Lease agreement whereby the City will, pursuant to the Act, acquire from the Developer the land and existing improvements located within the corporate limits of the city, and within the Barelas Metropolitan Redevelopment Area, for a period of 10 years and lease it back to the Developer to allow access to Capital Outlay to complete the Center; and
WHEREAS the capital outlay funds were re-appropriated to the City in R-25-216, which was enacted on January 5, 2026; and
WHEREAS, upon the conclusion of 10 years’ time and completion of the Project, the City will transfer back the land and all improvements; and
WHEREAS, the Albuquerque Development Commission reviewed the Capital Development Agreement, held a public hearing on the Project, and recommended approval to City Council on Thursday, February 19th, 2026, based on the findings that the Project will benefit the City's efforts to revitalize the Barelas Metropolitan Redevelopment Area, and is consistent with the goals and objectives of the MR Area Plan and the MR Code; and
WHEREAS, the City will effectuate the transfer of real property with the Developer related to the Project, as proposed in the Capital Development Agreement and as authorized by this Resolution; and
WHEREAS, under the Developer's proposal, after the City’s acquisition of the Property through a special warranty deed, the City and the Developer will enter into a Ground Lease Agreement (the "Lease") by which the Developer will lease and in lieu of Rent, Tenant shall provide, at no cost to the City, for the leasehold interest to use and occupy the Property, services (“In-Lieu-of-Rent Services”), comprising the Project from the City, and the Developer shall comply with the obligations incurred under the provisions of the Lease and this Resolution; and
WHEREAS, the Council has determined that it is in the best interest of the City to approve the Project and to execute and deliver the Lease and Deed, collectively referred to in the Resolution as the “Project Documents,” and other documents related thereto; and
WHEREAS, the City is authorized to execute the Project Documents under the Act and this Resolution and has concluded that it is desirable at this time to approve the Project, which constitutes a valid public purpose.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. RATIFICATION. All actions not inconsistent with the provisions of this Resolution previously taken by the Council and the officials of the City directed toward approval of the Capital Development Agreement and the Project should be approved, and the same hereby are ratified, approved, and confirmed.
Section 2. FINDINGS. The Council hereby declares that it has considered all relevant information presented to it relating to the Capital Development Agreement and the Project, and hereby finds and determines that approval of the Capital Development Agreement and the Project, and the execution of the relevant Documents, pursuant to this Resolution are necessary and advisable and in the interest of and will promote the public health, safety, morals, convenience, education, economy, and welfare of the city and the residents of the city. The Council finds that:
(1) The proposed activities under the Project aid in the elimination or prevention of slum or blight;
(2) The Project is consistent with the Albuquerque/Bernalillo County Comprehensive Plan and the Barelas Metropolitan Redevelopment Area Plan, and meets the criteria for Capital Outlay development support by MRA;
(3) The Project affords maximum opportunity consistent with the needs of the community for the rehabilitation or redevelopment of the area by private enterprise or persons, and the objectives of the Project justify the proposed activities as public purposes and needs;
(4) The developer of the Project is the Developer; and
(5) The Project advances the goals of the Barelas Metropolitan Redevelopment Area Plan by building a Home Health Aid Training Center (hereinafter referred to as “The Center”) on a vacant lot. The Center will feature an enclosed public structure with restrooms and a model two-bedroom, one-bathroom home, equipped with a fully operational kitchen for training and demonstration purposes. The Project will transform a lot on the 4th Street corridor, bringing more entrepreneurial activity and safety to a blighted area, thus contributing to the economic development and stability of the Barelas MR Area.
Section 3. THE PROJECT. The City shall acquire the Property, as described in the Albuquerque Development Commission Staff Report, attached as Exhibit A, for the purposes hereinabove described, and the Project shall be located at all times within the corporate limits of the City and within the Barelas Metropolitan Redevelopment Area.
Section 4. CAPITAL DEVELOPMENT AGREEMENT APPROVAL.
A. The Capital Development Agreement, as attached as Exhibit B, and made a part hereof, is approved in all respects.
B. Prior to execution of the Project Documents and upon approval of the Capital Development Agreement, the Developer shall provide to the City all documentation required to ensure conformance with the Capital Development Agreement and conditions for approval as recommended by the Albuquerque Development Commission.
Section 5. AUTHORIZATION OF OFFICERS; APPROVAL OF DOCUMENTS; ACTIONS TO BE TAKEN.
A. The form, terms, and provisions of the Project Documents are in all respects approved, authorized, and confirmed.
B. The Mayor or Chief Administrative Officer of the City is authorized to execute and deliver in the name and on behalf of the City, and the City Clerk or Deputy City Clerk is hereby authorized to attest, as necessary, the Project Documents with such changes therein as are not inconsistent with this Resolution.
C. The Mayor, Chief Administrative Officer, Treasurer, and City Clerk are further authorized to execute, authenticate, and deliver such certifications, instruments, documents, letters, and other agreements and to do such other acts and things as are necessary or appropriate to consummate the transactions contemplated by the Capital Development Agreement and the Project Documents.
D. The officers of the City shall take such action as is necessary to effectuate the provisions of the Capital Development Agreement and shall take such action as is necessary in conformity with the Act for the Project and for carrying out other transactions as contemplated by this Resolution, the Capital Development Agreement, and the Project Documents.
Section 6. LEASE TERM. The Lease term shall not exceed ten years.
Section 7. FINDINGS REGARDING CAPITAL OUTLAY DEVELOPMENT AND OTHER MATTERS. The Council makes the following determinations and findings:
A. The Developer is committed to providing fair consideration under the Lease through planned improvements to the Project property pursuant to the Capital Development Agreement, Project Documents, and the Act, and complying with the terms of the Lease.
B. It shall not be necessary to deposit any amount in a controlled account for the maintenance of the Project property.
C. The Lease requires that the Developer maintain the Project property in good repair and condition (excepting reasonable wear and tear) and carry all proper insurance with respect to the Project property.
Section 8. LIMITED OBLIGATIONS. Nothing contained in the Resolution or in the Project Documents or any other instrument shall be construed as obligating the City (except with respect to the Project property as provided in the Project Documents), nor as incurring a pecuniary liability or a charge upon the general credit of the City or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Project Documents or any other instrument be construed as obligating the City (except with respect to the Project property as provided in the Project Documents), nor as incurring a pecuniary liability or a charge upon the general credit of the City or against its taxing power, the City having no power to pay out of its general funds, or otherwise contribute any part of the costs of constructing or furnishing the Project property.
Section 9. APPROVAL OF INDEMNIFICATION. The Council specifically approves the provisions of the Lease relating to indemnification which provide that the Developer shall indemnify and hold harmless the City and its City Councilors, officials, members, officers, employees and agents against liability to the Developer, or to any third parties that may be asserted against the City or its City Councilors, officials, members, officers, employees, or agents with respect to the City’s ownership of the Project property and arising from the condition of the Project property or the acquisition, construction, and operation of the Project property by the Developer, except to the extent Section 56-7-1, New Mexico Statutes Annotated, 1978 Compilation, applies, and except claims for any loss or damage arising out of or resulting from the gross negligence or willful misconduct of the City or any member, officer, employee or agent of the City.
Section 10. REPEALER. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent with this Resolution are repealed by this Resolution, but only to the extent of that inconsistency. This repealer shall not be construed to revive any bylaw, order, resolution, or ordinance, or part thereof, previously repealed.
Section 11. SEVERABILITY. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of that section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution.
Section 12. EFFECTIVE DATE. This Resolution shall take effect five days after publication by title and general summary.