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CC Resolution 2009-003 SIA Time Extension Off-Site TR 32070RESOLUTION NO. 2009-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA Q.UINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF-SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO APRIL 30, 2009 FOR TRACT MAP NO. 32070, CODORNIZ. WHEREAS, the City Council approved the Subdivision Improvement Agreement ISIA) for Tract Map No. 32070, Codorniz, on November 3, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by May 30, 2008, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off-site improvements as required by the approved SIA is extended to April 30, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on April 30, 2009. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Resolution No. 2009-003 Tract Map No. 32070, Codorniz Adopted: January 20, 2009 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20`" day of January 2009, by the following vote, to wit: AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOL W, Ma City of La Quinta, California ATTEST: VERONICA J City of La C~ (City Seal) NTECINO, CMC, City Clerk California APPROVED AS TO FORM: ~~ C . KATHER NE JENSON ity Attorney City of La Quinta, California