San José del Cabo / Baja California Sur .- On September 26, 2013, during the government of the then-mayor of Los Cabos, José Antonio Agúndez Montaño, the council approved in permanent ordinary session No. 39, a Point of Agreement, requesting the revocation of the concession 01BCS105252 / 06EDDL10, granted in favor of Hilario Vargas Espinoza for –according to the justification of the municipal government- to rescue an area of 7,028.11 square meters in the riverbed of the “ Costa Azul ”streaming Los Cabos.
The argument, according to the minutes of the Point of Agreement, under file number 326-XXXIX-2013, was for the company Tokase Propierties S. de RL de CV to
create the project called ” Parks of Costa Azul “, located at kilometer 28.3 of the transpeninsular highway from Cabo San Lucas to San José del Cabo, next to the Costa Azul Bridge.
Coincidentally, and according to the excuse, “ this beach is the one that is ideal due to the surface it represents for creating the North and South parks since the stream presents the widest access to the beach and the channeling works will produce or they will create usable surfaces that will serve for the establishment of parks, which will have a positive impact on this beach area ”.
“ For these reasons, the Municipality of Los Cabos, Baja California Sur, must insist on the achievement and execution of the planned project. Therefore, the CONAGUA must be requested to revoke the concession granted to Mr. Hilario Vargas Espinoza ”, explained the general secretary at that time of the XI City Council of Los Cabos, Jesús Druk González, in a letter to the trustee Oswaldo Murillo Martínez.
The company that showed an unusual interest in developing the “ Parques de Costa Azul ” project, according to documentary evidence obtained during an investigation by MetrópoliMx —was a business specialized in real estate services, specifically in the sale of real estate , located in Cabo San Lucas.
Without clearly explaining when, how, why, for what and how much money it would invest in that beach area, in an extremely suspicious way, the company headed by Stephen Lesue Berman, according to the charter obtained by MetrópoliMx, only limited itself to “ expressing its interest in carrying out with its own resources and at no cost to the Municipality of Los Cabos, the construction of the channeling work for the Costa Azul stream and two public parks called Parque Norte and Parque Sur ”.
Of course, the supposed project of ” Parks Costa Azul ” had neither head nor tail. It lacked an investment estimate, and also an executive project with concrete data.
At best, he vaguely described:
Parque Norte: Jardín Recreativo: “ It will be a family park for the family (sic) and children and recreation, in general, that is created from the planting of regional trees parallel to the retaining wall, generating a visual order from the outside. However, when entering the park, the winding path seems to play among the trees and take them to the beach, going through playgrounds, benches, bathrooms, desert garden areas. In the end, an area of permanent umbrellas to enjoy surfing events, the ramps allow quick access to the beach ”.
South Park: Contemplative Garden: “ It develops from a straight and frank path from the beginning to the beach, flanked by tall and slender date palms. In which, at each step, the garden on the right side is described, showing desert plants from the region. At the end of the road is a small square, where a small sculpture of the place is erected and serves as a framework and invitation for the exhibition of eventual cultural events. Finally, we will find the ramps to access the beach, which on its same slopes is creating benches to be able to contemplate the wonderful view ”.
The hand of Los Agúndez
From the beginning, the ” Blue Coast Parks ” project had a stink of corruption, for two reasons:
The first is that a company apparently originally from the United States, and under strong suspicions of being linked to Narciso Agúndez Montaño, tried to strip a concession of more than 7 thousand meters of the beach from its original owner, under legal tricks, trafficking with influence and using government institutions to achieve their goal.
The second is that no one could understand why and for what purpose the company created in 2006, and which had no interests or established any type of business in the area, sought to invest in a supposed park and a supposed canalization work, without obtaining anything in return.
The above was highly suspicious and incredible.
Tony Agúndez’s interest in disposing of the concession from Hilario Vargas Espinoza through that company specializing in selling real estate, located on Hidalgo Street at the corner of Emiliano Zapata in Cabo San Lucas, was more than evident .
The most serious thing of all is that – according to the list of concessions updated in the government of José Antonio Agúndez Montaño in the fiscal year 2014, obtained by MetrópoliMx – the company Tokase Propierties S. de RL de CV, would have been registered in the registry. as a concessionaire since August 29, 2011, with a validity of 15 years, according to the DGZF-770/11 permit, and with an area of 2,791.18 square meters in Costa Azul.
In other words, almost two years before requesting the revocation of Hilario Vargas Espinoza’s concession , which revealed the murkiness of the case.
And it is that nothing is coincidence .
Suspiciously, in the decline of the government of former governor Narciso Agúndez Montaño, on April 4, 2011, the Los Cabos City Council, through the official letter SM / 196/2011 , requested (since then) permission to build the work of the supposed canalization of the “ El Alamito ” stream, better known as “ Costa Azul ”. Case integrated into the file number BCS-L-0049-04-04-11 , obtained through this means of communication.
What is more, than evident is that the former governor Narciso Agúndez Montaño had a lot to do with the real estate company getting the concession permit for that beach. Almost 4 months after being registered irregularly by his brother José Antonio Agúndez Montaño in the list of beach concessionaires.
In such a way that on January 12, 2012, the Local Director of the Baja California Peninsula Basin Agency, the Baja California Sur Local Directorate and the Conagua Operational Technical Assistance Subdirectorate, signed the authorization and granted the construction permit. Under official letter B00.00.E02.05.05.-226, contemplating the section from the bridge called Costa Azul to the mouth of the sea.
Fortunately, the license could not be assigned at the time. During the review of the federal land concessions in the area, the existence of a concession in favor of Hilario Vargas Espinoza, under the title 01BCS105252 / 06EDDL10 , was detected.
Therefore, the permit overlapped with the concession in its entirety, with the area where the construction work was intended to be built. Which was clearly irregular.
For this reason, the now-former mayor José Antonio Agúndez Montaño, almost for nothing, took up the case to push the project, looking for two things:
The first is for the council to approve the Point of Agreement for the XI City Council of Los Cabos to officially request CONAGUA to revoke the concession license to Hilario Vargas Espinoza. Vargas now turned into an obstacle to Los Agúndez’s plans.
The second is to make the company Tokase Propierties S. de RL de CV, the legal concessionaire of the cause of the stream “Costa Azul”. With the pretext of the construction work of the supposed ” Parks of Costa Azul ” and the canalization work.
The New Project
However, the “ Parques de Costa Azul ” project, and its retaining wall, ultimately did not prosper at that time. After Narciso Agúndez Montaño’s candidate , Luis Armando Díaz, lost the Baja California Sur gubernatorial election in 2011.
Plans and projects were postponed .
Politically and morally defeated. After being persecuted and imprisoned for the crime of embezzlement, Narciso Agúndez, after appropriating 7 properties in Pedregal de Cabo San Lucas, through prestanombres, as in his time, he did it with green areas, when he was mayor of Los Cabos, through Jaime Leobardo López Chinchias, he temporarily retired from politics.
The project of the company Tokase Propierties S. de RL de CV, disappeared and no more was heard of it, until February 13, 2019, when the project was resumed again.
In this second attempt, and under a new concept, the great interested in investing was another company: SBJG Propierties, SA de CV , taking Jorge Gorraez Castro as Legal Representative .
The businessman from Mexico City, leaving “ Parques de Costa Azul ” out, only requested authorization to build a retaining wall on the banks of the Arroyo de Costa Azul.
The new work for the retaining wall and canalization, according to the file obtained by this means of communication, would be built on the property identified as Fraction B of the larger property, known as “ Costa Azul ” area, with cadastral code 401-024-014- 55 , with an area of 4,662,518 square meters. Property deeded in the name of ” SBJG Propierties, SA de CV “.
Until now, it is unknown how the company took over that land.
Suspiciously, the company had requested authorization for the construction of the wall at the General Directorate of Planning and Urban Development of the Los Cabos City Council. It was denied them under the letter DGDU / 144/2019.
” The use of land on the property based on the Urban Development Plan does not allow construction of fixed work on a stream bed .”
Two months later, on April 8, 2019, coincidentally, the case reached the Urban Development, Planning, Ecology and Environment Building Commission, led by council members Tabita Rodríguez Morales, Irene Román Salgado and José Julio Belmar Pimentel Amador.
As incredible as it may seem, and after re-entering the process, suspiciously, the ruling came out in favor of the company SBJG Propierties, SA de CV. It could build a retaining wall with a maximum height of 3.25 meters high and 629.89 square meters long.
Under deception and evident payment of “moche, the argument of the building commission, according to the opinion, is that the company had requested a Construction License for the retaining wall, and “erroneously”, the General Directorate of Planning and Urban Development of the Los Cabos City Council, denied the permit because it believed that the request was for ” land use .” Which is unlikely.
The building commission stated that the company had presented the Environmental Impact Statement (MIA), issued by Semarnat and the construction permit for the work on the stream bed and the Federal Maritime Terrestrial Zone , endorsed by Conagua. In addition to ” presenting all the technical studies necessary for the construction of the retaining wall .”
” Derived from the above, it can be deduced that it meets the necessary requirements for the Los Cabos City Council to grant it the Construction License, ” quoted council members Tabita Rodríguez Morales, Irene Román Salgado and José Julio Belmar Pimentel Amador .
The PRI councilor, Tabita Rodríguez Morales , suspiciously took up the case. Knowing that the Urban Development Plan does not allow the construction of fixed work on the stream channel.
Even so, and aware of this situation, both Mayor Jesús Armida Castro Guzmán, as well as 8 other councilors, driven by ambition and easy money, voted as follows:
1.- Jesús Armida Castro Guzmán , mayor of Los Cabos.
2.- Council members: Flavio Antonio Olachea Montaño; Ana Georgina Roldán Aviña; Israel López Martínez; Isabel Dolores Teodora Castro Aguirre; Christian Agúndez Gómez (son of Narciso Agúndez and nephew of José Antonio Agúndez); José Julio Belmar Pimentel Amador; Jorge Armando López Espinoza and Tabita Rodriguez Morales.
1.- The council members Irene Román Salgado, Irene Berenice Serrato Flores and Héctor Torres Tovar.
1.- The municipal trustee of Los Cabos, Mario Alejandro Fernández Briseño .
After the endorsement of the council of the government of Jesús Armida Castro Guzmán. The company SBJG Propierties, SA de CV , began the process of building the wall of corruption.
When construction was just beginning, the company SBJG Propierties, SA de CV, quickly taught copper about its true intentions. The scandal broke out for improperly taking over a little more than a thousand square meters of the riverbed and the Costa Azul beach. What was not in the project.
The above generated the mobilization of the Cabeña society as a whole. There were demonstrations and marches in the creek area. After realizing, that in the style of Los Agúndez, they were stripping both the stream and the beach of more than a thousand square meters. With other very different intentions than just a wall.
The Cabeña society came out to defend the Costa Azul beach . Evidencing the rampant corruption within the government of the current Los Cabos mayor, Jesús Armida Castro Guzmán. P articularly for “ having improperly authorized the construction of the fixed work on the stream bed”, violating the Urban Development Plan.
The person responsible for ruling on the project, Tabita Rodríguez Morales, after the scandal broke out, suspiciously requested a temporary license to ” separate myself from office and attend to personal matters .”
The license was from January 7 to February 7, 2021 .
Caught and cornered by society, the Los Cabos municipal trustee, Mario Alejandro Fernández Briseño, announced that they would seek to revoke the Construction License.
However, after returning, the councilor, Tabita Rodríguez Morales, was surprised because the company ” seized an extra thousand square meters .” In an area that was not considered in the project, he denounced.
After social pressure, on February 22 , he had to file a criminal complaint against the company SBJG Propierties, SA de CV Settled in the Investigation Folder FED / BCS / CSL / 0000154/2021. So far, society perceives that it is part of a media circus. As was the supposed closure of the work on February 19 and 20. While the company continued to build without anyone being able to stop the work.
The same media circus implemented Conagua, responsible for having authorized the work. He sent inspectors to check the landmarks and check that the work was being carried out, as authorized.
The only thing that yes is that the society initiated a campaign to collect signatures to request the demolition of the retaining wall. There are serious suspicions that it is planned to build a hotel & resort aside, with the beach concession obtained irregularly at the time of Los Agúndez, current political operators of the candidate for governor of Morena, Víctor Manuel Castro Cosío. Whose coming to power would mean that this political group continues to commit misdeeds.
After the scandal broke, properties in the area came to light in the name of former governor Narciso Agúndez Montaño’s namesakes. Which were supposed to be green areas on the Costa Azul beach .
This is the case of a land with the cadastral code 401-024-015-077. Written on May 18, 2018 in favor of Jaime Leobardo López Chinchias, publicly identified, as the name of Narciso Agúndez Montaño.
On that same day, and suspiciously, another property with the cadastral code 401-024-015-078 was registered in the name of Marco Antonio Núñez Chávez.