2021 - 31732 Project LQ, LLC & City - Lien Contract & Deed of TrustDOC # 2021-0201417
03/31/2021 10:08 AM Fees: $0.00
Page 1 of 13
Recorded in Official Records
'
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO
"'This document was electronically submitted
to the County of Riverside for recording"
Receipted by! MARIA #309
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per
Gov't Code §6103 and §27383)
LIEN CONTRACT
AND DEED OF TRUST
(Lien Contract as Security; Gov. Code Section 66499(a)(4))
THIS LIEN CONTRACT AND DEED OF TRUST ("Lien Contract") is entered into this
23 day of March , 2021, by and between the CITY OF LA QUINTA,
CALIFORNIA, a municipal corporation of the State of California ("City") and Project LQ, LLC,
a California limited liability company ("Owner").
RECITALS
A. Owner is the owner if fee of that certain unimproved real property located in the
State of California, County of Riverside, City of La Quinta, more particularly described in the
legal description attached hereto as EXHIBIT "A" and incorporated herein by this reference (the
"Property').
B. ' A final subdivision map of Tract No. 31732 ('Original Tract Map" and "Tract,"
respectively) for the Property was approved by the City Council of the City of La Quinta ("City
Council") on or about March 21, 2006, and subsequently filed with the Official Records of the
Riverside County Recorder on April 20, 2006, in Book 401 pages 22-33 of said county;
C. The Original Tract Map for the Property was amended by the Design and
Development Director at its Director's Hearing by that certain Amendment No. 2 ("Amendment")
filed with the Official Records of the Riverside County Recorder on or about August 23, 2017 in
Book. 456 pages 97-106 of said county (the Original Tract Map and the Amendment are
collectively referred to as the "Final Map").
D. In connection with the acquisition of the Property, the Owner's predecessor -in -
interest assumed those certain Subdivision Improvement Agreements (2), both dated July 5, 2007,
and both as amended August 1, 2017 (the "Existing SIAs"), to complete certain tasks and construct
certain on -site and off -site improvements as required by the Final Map and other entitlements
applicable to the Property (collectively, the "Development Obligations)").
E. City is authorized to accept the security proposed by Owner, known as a lien
contract, under the provisions of Government Code Section 66499(a)(4), La Quinta Municipal
DOC #2021-0201417 Page 2 of 13
27"), and as provided for by those certain SECOND ASSIGNMENT AND AMENDMENT TO
SUBDIVISION IMPROVEMENT AGREEMENTS '(2) for both OFF -SITE IMPROVEMENTS
and ON -SITE IMPROVEMENTS, bath dated March 23 2021, and to which the form of
this Lien Contract was attached (the "SIA Second Assignment/Amendments," and the Existing
SIAs and SIA Second Assignment/Amendments are collectively referred to as the "SIAs" or
"Subdivision improvement Agreements").
F. In accordance with Government Code Section 66499(a)(4), La Quinta Municipal
Code Sections 13.04.060 and 13.28.030, and Resolution 96-27, the City held a duly noticed public
hearing and made the requisite findings and determinations to authorize the Owner to use this Lien
Contract, and the secured interest in the Property perfected thereby, to serve as temporary security
for the performance and completion of the Development Obligation(s) required pursuant to the
Final Map and SIAs, as more particularly described in this Lien Contract.
NOW; THEREFORE, for good and valuable consideration, including the obligations
herein and the trust herein created, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
1. Owner's Performance.
a. Owner hereby grants to the City, in accordance with the terms and
conditions of this Lien Contract, a first lien upon the Property, as security for the following
obligations of Owner:
(1) Construction of the improvements ("Improvements") specified in
the Subdivision Improvement Agreements, in the estimated amount and for
the purposes specified therein; provided, however, that Owner's obligation
hereunder shall extend to the actual cost of construction of the
Improvements, notwithstanding that such costs may exceed the estimate set
:forth therein; and
(2) Payment of the fees or services ("Fees") required by the City in the
amount required as a condition of approval of the Final Map.
(3) All of the Developer Obligations and the obligations of Owner under
this Lien Contract and under the Subdivision Improvement Agreements
("Obligations").
This lien secures said Improvements, Fees and Obligations (collectively, the
"Secured Obligations").
b. . Prior to obtaining any type of permit, including a grading or building permit, or
commencing the installation and construction of any portion of the Improvements required by the
Subdivision Improvement Agreements, whichever occurs first, Owner shall deposit fees for
inspections, tests and other related purposes, and shall substitute payment and performance bonds
in amounts satisfactory to the City ("Suitable Future Bonds") in place of this Lien Contract. Owner
shall make the deposits specified herein in the amounts prescribed for such purposes at the time
the deposit is due. Owner also agrees to provide the Suitable Future Bonds in the amounts and for
2
DGC #2021-0201417 Page 3 of 13
the purposes set forth in the Subdivision Improvement Agreements, except that the amounts shall
be calculated lusing the estimated cost of the Improvement as of the time of the substitution of
security, as ascertained by the City.
Q. I Owner shall replace this Lien Contract with the Suitable Future Bonds on or before
the third anniversary of the recordation of this Lien Contract.
d. I Owner's failure to replace this Lien Contract with the Suitable Future Bonds in
violation of this Lien Contract shall be an event of default and shall entitle the City to any and all
rights and remedies available to City at law or in equity.
C. I In addition to any other rights and remedies available to City for Owner's failure to
replace this Lien Contract with Suitable Future Bonds as provided herein, the City shall have the
right to record, Final Tract Map No. 37959-R, approved by the City Council on or about November
17, 2020, but held in abeyance for the allowance of the temporary substitute security perfected by
this Lien Contract, whereby upon said recording of Final Tract Map No. 37959-R, the Property
shall revert tolacreage, and Final Tract Map No. 31732 shall terminate and be of no further force
or effect. [
2.
I
For the purpose of securing payment and performance of the Secured Obligations, Owner
(as "Trustoe')lhereby irrevocably and unconditionally grants, conveys, transfers and assigns to
First American Title Company ("Trustee"), as trustee, in trust, WITH POWER OF SALE
TOGETHER WITH THE RIGHT OF ENTRY AND POSSESSION, for the benefit and security
of the City (as "beneficiary'�, all present and future rights, titles, interests, estates, powers and
privileges that Owner now has or may hereafter acquire in or to the Property; and said POWER
OF SALE TOGETHER WITH RIGHT OF ENTRY AND POSSESSION expressly includes the
power of sale Hof the real property, and all buildings and improvements thereon or that may be
erected upon or made thereto, together with all hereditaments and appurtenances thereunto
belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits
thereof. Owner expressly intends that this Lien Contract create a secured interest in the Property
for the benefitlof City for the payment and performance obligations secured as identified herein,
and this Lien Contract serves as a deed of trust under California law for purposes of creating and
perfecting a secured interest in the Property as set forth herein.
3. Cit- 's Performance.
Following the City's approval and receipt of the Suitable Future Bonds submitted by
Owner pursuant to Paragraph 1 above and receipt of applicable Fees, the City shall release the
Property from Ithe provisions of this Lien Contract, and shall execute any necessary release to
enable Owner or its transferee to clear the record of title of the Property so released of -the lien
herein imposed.
4. Effect of Lien Contract.
i
a. From the date of recordation of this Lien Contract, a lien shall attach to the Property
which shall hake the priority of a judgment lien in an amount necessary to secure and discharge
3
DOC #2021-0201417 Page 4 of 13
all obligation i contained in this Lien Contract and Subdivision Improvement Agreements, and any
Fees,.
b. Unless written consent of the City is obtained, the Owner shall not convey, lien or
encumber any portion of or interest in the Property covered by this Lien Contract until Suitable
Future Bonds I(or some other form of alternative security acceptable to the City) has been provided
and this Lien Contract has been released.
i
C. So long as this Lien Contract is utilized for security as described herein, offers of
dedication for, street purposes on the Property will not be accepted by the City.
i
d. 1 The City shall not have an obligation to subordinate its rights hereunder to any
lender or encumbrancer unless substitute security in the form of the Suitable Future Bonds (or
some other fo m of alternative security acceptable to the City) is secured by Owner.
5. Events of Default. U ion the occurrence of an one of the following events Owner shall
be deemed in default hereunder:
a. Failure by Owner to deposit fees for inspections, tests and other specific purposes
or to substitute Suitable Future Bonds or other forms of security satisfactory to the City within the
time allotted Ad as prescribed by this Lien Contract.
b. l Commencement of any work on the Improvements by Owner, its agents or
employees, prior to substitution of acceptable security, including, without limitation, Suitable
Future Bonds, ;with the City in place of this Lien Contract.
C. ,The appointment, pursuant to an order of a court of competent jurisdiction, of a
trustee, receiver or liquidator of the Property or any part thereof, or of Owner.
I
d. IThe filing by Owner of a petition in bankruptcy or for an arrangement or for
reorganization pursuant to the Federal Bankruptcy Code or any similar law, federal or state, or the
adjudication of Owner as a bankrupt or as insolvent by a decree of a court of competent
jurisdiction, orthe making of an assignment for the benefit of creditors, or the admission by Owner
in writing of its inability to pay its debts generally as they become due, or the giving of consent by
Owner to the appointment of a receiver or receivers of all or any part of its property, including the
Property.
e. ;The filing by any of the creditors of Owner or the reorganization of Owner pursuant
to the Federal Bankruptcy Code or any similar law, federal or state and the same is not discharged
within ninety (§0) days after the date of filing thereof.
f. Levy of any attachment or writ of execution against Owner and the Property
whereby the Property is taken or occupied or attempted to be taken or occupied by someone other
than Owner and such attachment or execution is not released within (60) days.
i
g. Sale of any lot or lots shown on the Final Map prior to release of the lien created
by this Lien Contract, except as provided in Paragraph 4(b) above.
i
4
DOC #2021-0201417 Page 5 of 13
h
required.
Failure of Owner to pay the Fees described in Paragraph I (a)(2) above, at the time
i. I Breach by Owner of any other term or condition of this Lien Contract, or Owner's
failure to fully and faithfully discharge its obligations hereunder within the time specified herein.
j. I Failure to pay prior to delinquency any taxes, assessments, fees or other amounts
the payment of which are secured by a lien against part or all of the Property.
k. 1 Failure of Owner to maintain liability insurance in the amount of at least
$2,000,000.06 per occurrence and in the aggregate on the Propertynaming the City as an additional
insured.
1. 1 The occurrence of any waste, violation of an ordinance, violation of a condition of
approval or nuisance on the Property which is not cured by Owner within thirty (30) days following
written noticefrom the City.
in. The breach or violation of any other subdivision improvement agreement, or lien
contract between the City and Owner beyond any applicable notice and cure period.
All references to Owner in this Paragraph 5 shall be deemed to include Owner's successors,
assignees and transferees.
one or more -of tlze actioris below:
a. Pursue any or all of the remedies provided in the Subdivision Improvement
Agreements;
b. iCommence and maintain an action or actions to foreclose this lien by appropriate
action in court or as provided by law for the non judicial foreclosure of mortgages or deeds of trust
under power of sale pursuant to California Civil Code Sections 2924, 2924(b) and 2924(c), and
Owner agrees that the amount of said lien shall include attorneys' fees as provided in Paragraph
7(b) below. CITY will deposit with TRUSTEE this Lien Contract, certified copies of the
Subdivision Improvement Agreements, and any receipts and evidence of expenditures made and
secured as TRUSTEE may require. If notice of default has been given as then required by Iaw,
and after lapse; of the time that may then be required by law, after recordation of the notice of
default, TRUSTEE, without demand on OWNER, will, after notice of sale having been given as
required by law, sell the Property at the time and place of sale fixed by it in the notice of sale,
either as a whole or in separate parcels as TRUSTEE determine, and in any order that it may
determine, at public auction to the highest bidder. TRUSTEE may postpone sale of all or any
portion of the Property by public announcement at the time and place of sale, and from time to
time after that may postpone the sale by public announcement at the time fixed by the preceding
postponement, and without further notice make the sale at the time fixed by the last postponement;
or TRUSTEE may, in its discretion, give a new notice of sale. CITY may rescind any notice of
default at any time before TRUSTEE's sale by executing a notice of rescission and recording it.
OOC #2021-0201417 Page 6 of 13
The recordation of the notice will constitute a cancellation of any prior declaration of default and
demand for sale and of any acceleration of maturity of obligations affected by any prior declaration
or notice of default. The exercise by CITY of the right of rescission will not constitute a waiver
of any default then existing or subsequently occurring, or impair the right of CITY to execute other
declarations of default and demand for sale, or notices of default and of election to cause the
Property to be sold, nor otherwise affect the Lien Contract, the Subdivision improvement
Agreements, or any of the rights, obligations, or remedies of CITY or TRUSTEE. After sale,
TRUSTEE will deliver to the purchaser its deed conveying the property sold, but without any
covenant or warranty, express or implied. The recitals in the deed of any matters or facts will be
conclusive proof of their truthfulness. Any Person, including Owner, TRUSTEE, or CITY, may
purchase at that sale, If allowed by law, CITY, if it is the purchaser, may turn in the Lien Contract
at the amount owing on it toward payment of the purchase price (or for endorsement of the
purchase price as a payment if the amount owing exceeds the purchase price). TRUSTEE, upon
the sale, will make (without any covenant or warranty, express or implied), execute and, after due
payment made, deliver to a purchaser and its heirs or assigns a deed or other record of interest, as
the case may be, to the Property sold, which will convey to the purchaser all the title and interest
of Owner in the Property and will apply the proceeds of the sale in payment first, of the expenses
of the sale together with the expenses of the trustee, including, without limitation, attorney fees,
that will become due on any default made by OWNER, and also any sums that TRUSTEE or CITY
have paid for procuring a search of the title to the Property subsequent to the execution of this Lien
Contract; and second, of the Secured Obligations then remaining unpaid. TRUSTEE will pay the
balance or surplus of the proceeds of sale, if any, to OWNER and its successors or assigns as its
interests may appear,
C. Commence and maintain an action or actions in any court of competent jurisdiction
to foreclose this instrument as a mortgage or to obtain specific enforcement of the covenants of.
Owner hereunder, and Owner agrees that such covenants shall be specifically enforceable by
injunction or any other appropriate equitable remedy and that for the purposes of any suit brought
under this subparagraph, Owner waives the defense of latches and any applicable statute of
limitations;
d. Estimate the cost of the work required to complete the Improvements, which
estimate shalt be deemed a debt and obligation in a liquidated sum of Owner, and judicially or
non -judicially foreclose said lien in said amount; and
C. Pursue any other remedy, legal or equitable including but not limited to those for
the foreclosure of a lien, and Owner, and any of its successors, assignees and transferees, shall pay
reasonable attorneys' fees as a cost in said proceedings.
7. General Provisions.
a. Recordation. This Lien Contract shall be recorded by the City with the Recorder's
Office of the County of Riverside immediately following execution of this Lien Contract by (1)
all parties hereto, and (2) all parties having any record title interest in the subject real property,
pursuant to Government Code Section 66436(a), acknowledging subordination of their interests to
this Lien Contract.
0
DOC #2021-0201417 Page 7 of 13
b. Attorne ' Fees. The City shall be entitled to reasonable attorneys' fees, paralegal
fees, and other charges, expenses and costs incurred in enforcing its rights under this Lien Contract.
C. Contingency. This Lien Contract shall not take effect until it has been approved by
the City in accordance with law and recorded.
d. Entire _Agreement. This Lien Contract together with all attachments and other
agreements expressly referred to herein, constitutes the entire agreement between the parties with
respect to the subject matter contained herein. All prior or contemporaneous agreements,
understandings, representations, warranties and statements, oral or written, are superseded.
e. Further Assurances, The parties agree to perform such further acts and to execute
and deliver such additional documents and instruments as may be reasonably required in order to
carry out the provisions of this Lien Contract and the intentions of the parties.
f Governing Law. This Lien Contract shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of California without regard to conflict of law
principles.
g. hleadins. Except when their terns and conditions are substantive to this Lien
Contract, the captions and section headings used in this Lien Contract are inserted for convenience
of reference only and are not intended to define, limit or affect the construction or interpretation
of any tern or provision hereof.
h. -Modification. Waiver. No modification, waiver, amendment or discharge of this
Lien Contract shall be valid unless the same is in writing and signed by all parties.
i. No. Other Inducement. The making, execution and delivery of this Lien Contract
by the parties hereto has been induced by no representations, statements, warranties or agreements
other than those expressed herein.
j. 'Severability. If any term, provision, covenant or condition of this Lien Contract is
held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent
jurisdiction, the remainder of this Lien Contract shall not be affected thereby, and each tern,
provision, covenant or condition of this Lien Contract shall be valid. and enforceable to the fullest
extent permitted by law
k. Indemnity. If the City or the Trustee is made a party to or is threatened with any
litigation concerning this Lien Contract, the Subdivision Improvement Agreements, or the
Property, or any part thereof or interest therein, or the actions or omissions of Owner on the
Property, then Owner shall indemnify, defend and hold harmless the City and the Trustee (and
their respective officials, officers, directors, employees, contractors, accountants, attorneys, and
agents) for, from and against all liability by reason of said threat and/or litigation, including
reasonable attorneys' fees and expenses incurred by the City as a result of any such threat and/or
litigation, whether or not any such threat and/or litigation is prosecuted to judgment; provided,
however, that the indemnification to be provided by Owner to the City pursuant to the terms of
this paragraph shall not be applicable where the aforementioned liability, claim, suit, or action, is
the result of the sole negligence or sole willful misconduct of the City, The City or the Trustee
7
DCC #2021-0201417 Page 8 of 13
may employ an attorney or attorneys to protect its rights hereunder, and in the event of such
employment following any breach of the foregoing obligationby Owner, Owner shall pay the City
and the Trustee reasonable attorneys' fees and expenses incurred by the City or the Trustee,
whether or not an action is actually commenced against Owner or Trustee by reason of its breach.
1. Execution in Counteipails. This Lien Contract may be executed in counterparts,
each of which shall be deemed an original, but which together shall constitute a single agreement.
[signatures on next page]
8
DOC #2021-0201417 Page 9 of 13
IN WITNESS WHEREOF, the Parties have caused this instrument to be executed as of the
day and year first written above. -
"CITY"
CITY OF LA QUINTA,
a municipal corporation of the State of California
o -Millen, City Manager
ATTEST:
V
Monika Rade , City Clerk, City of La Quinta
APPROVED AS TO FORM:
William H. Ihrke, City Attorney, City of La Quinta
OWNER
Project LQ, LLC, a California limited liability company
By: Paydar Properties, Inc., a California corporation, its Manager
By: SIGNED IN COUNTERPART
Reza Paydar, its President
9
DOC #2021-0201417 Page 10 of 13
IN WITNESS WHEREOF, the Parties have caused this instrument to be executed as of the
day and year first written above.
"CITY,°
CITY OF LA QUINTA,
a municipal corporation of the State of California
SIGNED IN COUNTERPART
Jon McMillen, City Manager
L-11"N u
SIGNED IN COUNTERPART
Monika Radeva, City Clerk, City of La Quinta
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
William H. Ihrke, City Attorney, City of La Quinta
OWNER
Project LQ, LLC, a California limited liability company
By: Paydar Properties, Inc., a California corporation, its Manager
E
DOC #2021-0201417 Page 11 of 13
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California j
County of Riverside }
On March 31, 2021 before me, MONIKA RADEVA, Notary Public,
personally appeared JON McMILLEN who proved to me on the basis of
satisfactory evidence to be the persons} whose name{} isle -Fe
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/#fir authorized
capacity{�e�, and that by his/heFAhei-r signatures} on the instrument
the persons} or the entity upon behalf of which the persons} acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Noary PuhllC -California
tilve►s4de County �.
ipmmisslpn I i3�47.6G
+KY Comm. E�pitefpet I2, t02�
Signature:
(notary seal)
DOCUMENT:
Lien Contract and Deed of Trust, dated March 23, 2021, by and between
the City of La Quinta and Project LQ, LLC
Second Assignment and Amendment to Subdivision Improvement
Agreement; Amended Tract Map No. 31732
Project Name: Bel lasa ra
DCC #2021-0201417 Page 12 of 13
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OFF Sin pj(g O
On ? al ,.before me,. VAD.W11. Notary Public
personally appeared , who proved to me on the
basis of satisfactory evidence to be the pmo5 n*whose nan bscribed to the within
instrument and acknowled ed to me that, ie1tE , executed the same in _. orized
capacity( ;,,and that by hgr'signature on the instrument the person or the entity
upon behalf ofwhich the person acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NOW rt1911YlI
COMMkW" No. 441367
NOTARY PUBLIC . GAufo�tN1A Name: a
°1eQ° � Notary Public T
10
DOC #2021-0201417 Page 13 of 13
EXHIBIT "A"
Legal Description of the Real Property
LOTS I THROUGH 12, INCLUSIVE, 14 THROUGH 196, INCLUSIVE, AND LETTER LOTS
"A" THROUGH "Z", INCLUSIVE AND "AA THROUGH "QQ", INCLUSIVE OF AMENDED
NO.2 TRACT NO.31732, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 456 PAGES 97 THROUGH 106,
INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 764-810-001 THROUGH 764-810-052 AND 764-810-063 THROUGH 764-8I0-076
AND 764-820-001 THROUGH 764-820-077 AND 764-830-001 THROUGH 764-830-078
I
City of La Quinta
DIRECTOR’S HEARING: MARCH 23, 2021
STAFF REPORT
AGENDA TITLE: ADOPT A RESOLUTION FOR AMENDED FINAL TRACT MAP
2021-0001 (TRACT MAP 31732 AMENDMENT) TO REVISE CONDITIONS OF
APPROVAL REGARDING BOND REQUIREMENTS; APPLICANT: PROJECT LQ, LLC;
PROJECT NAME: BELLASARA; CEQA: A MITIGATED NEGATIVE DECLARATION
WAS ADOPTED FOR THIS PROJECT UNDER ENVIRONMENTAL ASSESSMENT
2003-492; LOCATION: SOUTHEAST CORNER OF AVENUE 60 AND MONROE
STREET
APPLICANT/OWNER: PROJECT LQ, LLC
REQUEST: AMEND FINAL TRACT MAP 31732 TO CHANGE CONDITIONS
OF APPROVAL REGARDING BOND REQUIREMENTS
CEQA: A MITIGATED NEGATIVE DECLARATION WAS ADOPTED FOR
THIS PROJECT UNDER ENVIRONMENTAL ASSESSMENT
2003-492
LOCATION: SOUTHEAST CORNER OF AVENUE 60 AND MONROE ST
LEGAL: APN: 764-810-001 THROUGH 079, 764-820-001 THROUGH
077, and 764-830-001 THROUGH 078
RECOMMENDATION
Adopt a resolution to approve Amended Final Tract Map 31732 (AFTM 2021-0001) and
find the project consistent with Environmental Assessment 2003-492.
EXECUTIVE SUMMARY
•Tract Map 31732 was approved in 2006 and subsequently amended in 2007 and
2015 for development as a single-family residential development (Attachment 1).
•The owner is requesting changes to the conditions of approval for the map
regarding bond requirements. No changes to the actual map configuration are
proposed as part of this amendment.
BACKGROUND/ANALYSIS
Final Tract Map 31732 was approved in 2006 as the 40.4-acre northern half of the
single-family residential project, located on the southeast corner of Avenue 60 and
Monroe Street (Attachment 1). This map was amended in both 2007 and 2015
(Attachment 2). The southern half of the project was approved under Tract Map
31733.
PUBLIC HEARING NO. 1
5
The Applicant/Owner made a request to modify the conditions of approval regarding
the bond requirements that are a part of the conditions of approval for the final map.
After discussion between the Applicant and City of La Quinta City Attorney, a condition
is proposed to be added which would result in executing a lien contract as a substitute
for payment and performance bonds. The lien contract would serve as the substitute
security for completion of on- and off-site improvements required under the project’s
subdivision improvement agreement for a maximum three (3) year period.
Prior to the issuance of any permit for the improvements required under the
subdivision improvement agreement, the owner shall procure and post for the benefit
of the City the payment/performance bonds required. If the owner fails to replace the
lien contract with the payment/performance bonds at the end of the three (3) year
period, the City may record the pending Final Tract Map No. 37959-R, providing for
reversion to acreage of project site (Attachment 3). Final Tract Map No. 37959-R was
conditionally approved by the City Council on November 17, 2020, for reversion to
acreage purposes.
AGENCY AND PUBLIC REVIEW
Public Agency Review
This request was sent to all applicable City departments and outside agencies,
including the City’s Public Works Department and City Attorney. The City Engineer and
City Attorney have reviewed and approved of the proposal, subject to the Conditions of
Approval.
Public Notice
This project was advertised in The Desert Sun newspaper on March 13, 2021, and
mailed to all property owners within 500 feet of the site. To date, no comments have
been received.
ENVIRONMENTAL REVIEW
A Mitigated Negative Declaration was adopted by the City of La Quinta City Council on
January 20, 2004, under Environmental Assessment 2003-492. The Design and
Development Department has determined that the proposed project is consistent with
this previously approved project, as no changes to the map itself are proposed.
Report prepared by: Carlos Flores, Senior Planner
Report reviewed by: Cheri Flores, Planning Manager
Attachments: 1. Vicinity Map
2. Tract Map 31732
3. Tract Map 37959-R
6
ATTACHMENT 1
12
ATTACHMENT 2
13
14
15
16
17
18
19
20
21
22
23
24
25
ATTACHMENT 3
26
27
28