CC Resolution 2009-039RESOLUTION NO. 2009-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, GRANTING AN
EXTENSION OF TIME FOR THE COMPLETION OF THE
OFFSITE IMPROVEMENTS AS SPECIFIED IN THE
APPROVED SUBDIVISION IMPROVEMENT AGREEMENT
TO JUNE 12, 2010 FOR PARCEL MAP NO. 33954,
PHOENIX ROW III, LLC.
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Parcel Map No. 33954 on June 12, 2008; 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 June 12, 2009, 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 June 12, 2010.
Section 2. The time extension for completing the improvements shall expire
when City offices close for regular business on June 12, 2010. 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.
Section 4. All other terms, responsibilities and conditions as listed in the
approved SIA shall remain in full force and effect.
Resolution No. 2009-039
Parcel Map 33954- offsite
Phoenix Row III, LLC
Adopted: May 19, 2009
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 19`h day of May 2009, by the following vote, to wit:
AYES: Council Members Franklin, Henderson, Kirk, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
DON ADOLP ,-May
City of La Quinta, California
ATTEST:
VERONICA JNTECINO, CMC, City Clerk
City of La Q nta, California
_ h,
(City Seap ~ -
APPROVED AS TO FORM:
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M. KATHERINE J ON, Cit ttorney
City of La Quinta, California