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CC Resolution 2009-037 Puerta Azul SIARESOLUTION NO. 2009 - 037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OFF-SITE IMPROVEMENTS AND ACCEPTING THE OFF- SITE IMPROVEMENTS FOR PUERTA AZUL (TRACT 300961 WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Off- Site Improvements for Tract Map No. 30096, Puerta Azul, on June 3, 2003; and WHEREAS, the City currently holds a developer bond which includes the 2003 estimated cost (575,000) to construct one-half of the anticipated traffic signal on Madison Street at the southernmost Puerta Azul access; and WHEREAS, the traffic signal on Madison Street at the southernmost Puerta Azul Access is not required to support the Traffic and Circulation Element in the City's General Plan; and WHEREAS, the City Traffic Engineer recommends that if a traffic signal were not constructed on Madison Street at the Puerta Azul southernmost access, that the developer instead be obligated to install a raised median on Madison Street to prevent left turns out of both the Puerta Azul and The Legends developments; and WHEREAS, all of the remaining off-site improvements associated with the SIA including curb & gutter, sidewalk, curb ramps, storm drain, catch basins, water and sewer improvements, landscaping, signing, striping, and asphalt concrete pavement have been satisfactorily completed; NOW, THEREFORE, BE IT RESOLVED by the City Council'of the City of La Quinta, California, as follows: 1. Amend the SIA for the Off-Site Improvements to: 1) remove the. Developer Obligation for 50% of a Traffic Signal on Madison Street at the southernmost Puerta Azul Access and 2) add a Developer Obligation to construct a raised median on Madison Street that prohibits left turns out of both the southernmost Puerta Azul access and the PGA West Legends Way access 2. Accept the Off-Site Improvements for Puerta Azul (Tract 30096) conditional upon receipt of a cash deposit from the developer for a future raised median on Madison Street at the southernmost Puerta Azul access. Resolution No 2009-037 SIA Agreement Puerta Azul Adopted: May 5, 2009 Page 2 3. Direct staff to release performance securities after receipt of the aforementioned cash deposit. 4. Direct staff to release labor and material securities 90 days after receipt of the aforementioned cash deposit. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`" day of May 2009, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: Council Member Franklin DON ADOIIeH, M, City of La Quinta, ATTEST: VERONICA:~ONI .City of La Quinta,?C (City Seal) _ :CINO, CMC, City Clerk ifornia APPROVED AS TO FORM: /'/l . /C .KATHERINE JE ON, City Attorney City of La Quinta, California