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CC Resolution 2009-053RESOLUTION NO. 2009 - 053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ONSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 18, 2010 FOR TRACT MAP 32279, PALO VERDE. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map 32279, Palo Verde, on February 8, 2006; 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 18, 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 on-site improvements a~ required by the approved SIA is extended to June 18, 2010 with the exception of the underground conduits for the roundabout, the grade adjustment of the valves and manholes, and the final lift of street paving be completed by August 21, 2009. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 18, 2010 with the exception of the underground conduits for the roundabout, the grade adjustment of the valves and manholes, and the final lift of street paving be completed by August 21, 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. 2009-053 Tract Map No. 32279, Palo Verde Adopted: June 16, 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 16`h day of June 2009, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADO , M or City of La Quinta, California ATTEST: VERONICA J~ON.T.ECINO, CMC, City Clerk City. of La Q mta, California ,- ri. .~ _: ,; (City Seal) ~~ : -' APPROVED AS TO FORM: . KATHERINE JEN N, City Attorney City of La Quinta, California