ORDINANCE O2026.30.DOCX

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Ordinance No. O2026.30
ORDINANCE NO. O2026.30
AN ORDINANCE OF THE CITY COUNCIL OF THE 
CITY OF TEMPE, ARIZONA AUTHORIZING THE 
TRANSFER AND/OR ABANDONMENT OF VARIOUS 
PROPERTY INTERESTS AND AUTHORIZING THE 
CITY MANAGER TO EXECUTE AN AMENDED 
DEVELOPMENT AGREEMENT AND ADDITIONAL 
DOCUMENTS ASSOCIATED WITH 1ST & FARMER, 
LLCAND 
THE 
PROJECT 
LOCATED 
AT 
THE 
NORTHEAST CORNER OF 1ST STREET AND FARMER 
AVENUE AND AUTHORIZING THE WAIVER OF ANY 
REVERSIONARY CONSIDERATIONS WITH RESPECT 
TO ZONING AND DEVELOPMENT CASE NO. DS230661 
/ PL230127 / ZON230008 / PAD230010.
WHEREAS, City and 1st & Farmer, LLC (“Developer”) are parties to that certain 
Development and Disposition Agreement (First and Farmer) dated July 28, 2023 (C2023-190) 
and recorded on August 1, 2023 as Document No. 2023-0400502, Official Records of 
Maricopa County, Arizona (the “DDA”); 
WHEREAS, after the execution and recordation of the DDA, City and Developer 
entered into that certain Memorandum of Understanding (Gonzales-Martinez House) dated 
September, 2023 (the “MOU”).  The MOU further described the “Rehabilitation” work to be 
performed under the DDA and provided for certain costs incurred by Developer under the 
MOU to be credited against the Purchase Price to be paid by Developer to City under the DDA; 
and
WHEREAS the DDA contemplates, among other things, an exchange of property 
interests between City and Developer in order to accomplish a replat and 
development/redevelopment of the area; and
WHEREAS, City and Developer desire to amend and update the DDA within the 
meaning of A.R.S. §9-500.05 to set forth their agreements regarding development of the 
Property, which will include the City’s abandonment of a segment of Farmer Avenue, located 
north of 1st Street, City accepting a Special Warranty Deed and Deeds of Trust, and such 
related matters as they deem appropriate;
WHEREAS, Section 6-304(E) of the Tempe Zoning and Development Code (“ZDC”) 
requires that, if a building permit application is not submitted within two years of rezoning 
approval,  the Council consider whether the zoning should revert to its previous classification; 
and

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Ordinance No. O2026.30
WHEREAS, the Applicant has appeared before this Council and the Council has 
determined that a completed building permit application is not feasible within two years of the 
approval of Case No. DS230661 / PL230127 / ZON230008 / PAD230010, but it remains in 
the best interests of the City, the Developer and the general public that the rezoning remain 
applicable and any reversionary considerations be removed; and 
WHEREAS, Section 2.11(g) of the Tempe City Charter requires an ordinance to 
convey or authorize the conveyance or lease of any interest in City-owned lands; and
WHEREAS, the City has determined that it is in the best interests of the City of Tempe 
to enter into all documents referenced herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 
CITY OF TEMPE, ARIZONA, as follows:
Section 1: That the City Manager (or designee) is authorized to execute an amended 
Development Agreement as necessary to develop the Property in substantially the form on file 
with the City Clerk’s Office and to execute all other documents reasonably necessary or 
appropriate to effectuate the transactions contemplated in the DDA as amended or this 
Ordinance, including without limitation those documents referenced in or attached as exhibits 
to the DDA as amended.
Section 2.  That any reversionary zoning considerations for Case No. . DS230661 / 
PL230127 / ZON230008 / PAD230010, as set forth in Tempe ZDC 6-304(E) are hereby 
removed;
Section 3.  That the Community Development Director is hereby authorized to take 
such actions as are necessary, to abandon, relinquish and vacate any Right of Way identified 
in the DDA.  Such abandonment shall be completed in accordance with the usual and 
customary procedures of the Community Development Department, including, without 
limitation, satisfactory relocation of any facilities located within the easement areas to be 
abandoned, the granting of new easements for such facilities, notification of affected utilities 
and payment by the applicant of all applicable costs, fees, and expenses associated with the 
relocation or abandonment of any existing facilities located within said easement area.
Section 4.  Any abandonment authorized by this Ordinance shall not be effective 
until the Community Development Director or designee executes and records a document 
indicating that all requirements of Section 3 of this Ordinance have been satisfied.  Once 
effective, all rights of the City with regard to the portion of the public right-of-way abandoned 
shall vest in the record owner(s) of the property and shall be subject to the same encumbrances, 
liens, limitations, restrictions, easements, and estates as exist on the land of which the public 
easement is a part.
Section 5: Pursuant to City Charter, Section 2.12, this ordinance will be effective 
thirty (30) days after adoption.

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Ordinance No. O2026.30
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE,
ARIZONA, this ___ day of ___
, 2026.
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk 
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney