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2021 - 30138 Diamante - La Quinta 47, LLC Assignment & Assumption DIA from Socal Portfolio I LPMEMORANDUM DATE: TO: FROM: RE: Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: ___ Approved by City Council on ___________________________________________ ___ City Manager’s signing authority provided under the City’s Purchasing Police [Resolution No. 2019-021] for budget expenditures of $50,000 or less. ___ Department Director’s or Manager’s signing authority provided under the City’s Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): ___ Bid ___ RFP ___ RFQ ___ 3 written informal bids ___ Sole Source ___ Select Source ___ Cooperative Procurement Requesting department shall check and attach the items below as appropriate: ___ Agreement payment will be charged to Account No.: _____________________ ___ Agreement term: Start Date ________________ End Date ________________ ___ Amount of Agreement, Amendment, Change Order, etc.: $____________________ REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! ___ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: ______________________________ Date: _______________ ___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.) ___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) ___ Business License No. __________________; Expires: __________________ ___ Requisition for a Purchase Order has been prepared (Agreements over $5,000) October 27, 2021 Monika Radeva, City Clerk Amy Yu, Associate Engineer Assignment and Assumption Agreements and Amendment to Development Improvement Agreement for TM 30138 ✔October 19, 2021 - consent #8 City of La Quinta CITY COUNCIL MEETING: October 19, 2021 STAFF REPORT AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT FOR TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 52 WEST OF MADISON STREET RECOMMENDATION Approve Assignment and Assumption Agreement and Amendment to Development Improvement Agreement for Tract Map No. 30138 and authorize the City Manager to execute said agreement. EXECUTIVE SUMMARY •SoCal Portfolio I LP has sold its interest in this tract (Attachment 1) to La Quinta 47, LLC (New Developer) and desires to assign the Development Improvement Agreement’s rights, interest, and obligations to the New Developer. •New Developer requests approval of Assignment and Assumption Agreement and Amendment to Development Improvement Agreement (Agreement) (Attachment 2) for Tract Map No. 30138. FISCAL IMPACT None. Developer reimbursements will be from settlement funds received from Surety bond. BACKGROUND/ANALYSIS Tract Map No. 30138 is a residential development located at the north side of Avenue 52 west of Madison Street. In May 2013, SoCal Portfolio I LP entered into a Development Improvement Agreement for Tract Map No. 30138. The Development Improvement Agreement allows reimbursements to SoCal Portfolio I from settlement funds received from Surety bond for the design and construction of certain off-site CONSENT CALENDAR ITEM NO. 8 NO. 81 and on-site improvements listed in the agreement for the tract. SoCal Portfolio I LP just recently sold its interest in this tract to New Developer and desires to assign the Development Improvement Agreement’s rights, interest, and obligations to the New Developer. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Amy Yu, Associate Engineer Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer Attachments: 1. Vicinity Map 2. Assignment and Assumption Agreement and Amendment to Development Improvement Agreement 82 V I C I N I T Y M A P NOT TO SCALE Tract Map No. 30138 ATTACHMENT 1 83