CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. R-26-55 ENACTMENT NO. ________________________
SPONSORED BY: Joaqu?n Baca
RESOLUTION
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Establishing A Moratorium On Opening The Common Area Central Courtyard At The Lofts At Albuquerque High For Public Use Between 9:00 AM And Dusk And Requiring A Report From The City Administration (Baca)
body
WHEREAS, The Historic Albuquerque High School Campus (the "Campus"), a mixed-use re-development community, was redeveloped in the late 1990s and early 2000s into the existing structure, comprising of residential and commercial spaces; and
WHEREAS, the Campus includes the Lofts at Albuquerque High (the "Lofts"), a residential development comprised of redeveloped lofts for sale or lease; and
WHEREAS, the Lofts contain amenities, including access to and use of the Common Area Central Courtyard (the "Commons"); and
WHEREAS, since the Campus' opening in 2002, the Commons have been maintained by the Historic Albuquerque High School Campus Association (the "Association"); and
WHEREAS, pursuant to the Campus Declaration of Charter, Easements, Covenants, and Restrictions ("Declaration") and the Campus Development Agreement between the City of Albuquerque and the developer, Paradigm and Company, L.L.C. (the "Development Agreement"), the Commons is to be accessible by the public from 9:00 AM to dusk, but may be restricted from the public at night (see Declaration, Sections 1.4(c), 3.2, and 3.3; and see Development Agreement Section 414(b)(iii)); and
WHEREAS, pursuant to these provisions, the Owners of the Lofts and the City may cooperate in amending the Declaration and the Development Agreement to "provide reasonable public access to the Commons that is compatible with the interest of the private Owners, their tenants, and the City" if "unrestricted access between [9:00 AM and dusk] places an unreasonable burden on private Owners or their tenants, or negatively effects leasing an...
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