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CC Resolution 2009-043RESOLUTION NO. 2009 - 043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFFSITE AND ONSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO NOVEMBER 30, 2009 FOR TRACT MAP NO. 29436, HIDDEN CANYON. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 29436, Hidden Canyon, on August 5, 2003; 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 29, 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 improvements as required by the approved SIA is extended to November 30, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on November 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. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. Resolution No. 2009- Tract Map 29436 - onsite & offsite Hidden Canyon, Trans West Housing, Inc. Adopted: May 19, 2009 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19`" day of May 2009, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Sniff, Mayor Adolph NOES: Council Member Franklin ABSENT: None ABSTAIN: None ON ADOL ,May r City of La Quinta, Ca ornia ATTEST: _ -- ` VERONICA ;1. City of La Quinta (City Seal) l - INO, CMC, City Clerk APPROVED AS TO FORM: . KATHE INE JENS ,City Attorney City of La Quinta, California