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File #: EC-16-249   
Type: Executive Communication Status: Filed
File created: 12/19/2016 In control: City Council
Final action: 2/6/2017
Enactment date: Enactment #:
Title: Albuquerque Rail Yard - Annual Assessment of Samitaur Constructs
Attachments: 1. EC-249
Date Action ByActionResultAction Details
2/6/2017 City Council Receipt Be NotedPass Action details
1/18/2017 City Council Accepted with a recommendation Receipt Be Noted  Action details
1/9/2017 Finance & Government Operations Committee Sent to Council with a recommendation of Receipt Be NotedPass Action details
12/19/2016 City Council Received and Referred  Action details
12/19/2016 President Referred  Action details


TO: Isaac Benton, City Council President

FROM: Suzanne Lubar, Planning Director

Subject: title
Albuquerque Rail Yard - Annual Assessment of Samitaur Constructs

Background and Purpose

The Albuquerque Rail Yards (the "Rail Yards") is owned by the City of Albuquerque (the "City") and is located within the Broadway and Barelas communities south of Downtown. The Rail Yards consists of approximately 27 acres and 19 buildings and is listed on the National Register of Historic Places and the State Register of Cultural Properties.

The City selected Samitaur Constructs ("Samitaur") as the Master Developer for the Rail Yards and entered into a Master Development and Disposition Agreement ("MDDA") with Samitaur on July 24, 2014. The MDDA outlines the relationship between the City and Samitaur regarding the Rail Yards and describes the steps Samitaur must take to obtain title to the site. Working with Samitaur, the Albuquerque City Council adopted a Master Plan for the Rail Yards on June 16, 2014.

As outlined in Section 9.27.1 of the MDDA, the Albuquerque Development Commission ("ADC") must make an annual assessment of whether Samitaur has employed Reasonable Diligence over the past year on development of the Albuquerque Rail Yards (the "Project") and must submit its assessment in the form of a written report to the City Council through the Planning Director. As outlined in the MDDA, Reasonable Diligence shall mean:

"...good faith and commercially reasonable efforts toward Project completion, appropriate to the phase of development and under all of the circumstances, by one or more of the following activities: marketing the Project to end users, preparing and applying for site development plans, preparing infrastructure plans, constructing or facilitating the construction of infrastructure or other improvements, engaging in historic preservation or environmenta...

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