CC Resolution 2009-093RESOLUTION NO. 2009 - 093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, RESCINDING PRIOR COUNCIL
ACTION AND GRANTING AN EXTENSION OF TIME FOR
THE COMPLETION OF THE ONSITE IMPROVEMENTS AS
SPECIFIED IN THE APPROVED SUBDIVISION
IMPROVEMENT AGREEMENT TO SEPTEMBER 30, 2010
FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA
WEST.
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map 31627, The Residence Club at PGA West, on April
15, 2004; 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 September 30, 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; and
WHEREAS, on October 20, 2009, two members of the City Council
inadvertently voted on this proposed time extension, and wish to rectify the matter
by having the prior resolution rescinded.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
Section 1. The City Council vote on Resolution No. 2009-084 is hereby rescinded.
Section 2. The time for the completion of the onsite improvements as required by
the approved SIA is extended to September 30, 2010.
Section 3. The time extension for completing the improvements shall expire when
City offices close for regular business on September 30, 2010. If the Subdivider
Resolution No. 2009-093
Tract Map No. 31627, The Residence Club at PGA West
Extend Time for Completion of Onsite Improvements
Adopted: November 3, 2009
Page 2
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 4. The provided security amount as required in the approved SIA is
satisfactory. No additional securities are required.
Section 5. 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 3`d day of November 2009, by the following vote, to wit:
AYES: Council Members Evans, Henderson, Sniff
NOES: None
ABSENT: Council Member Franklin, Mayor Adolph
ABSTAIN: None
TERRY H~~ERSON, Mayor Pro Tem
City of L O inta, California
ATTEST:
VERONICA J. C
City of La O Infa,
(Seap. .= -
VTECINO, CMC, City Clerk
California
Resolution No. 2009-093
Tract Map No. 31627, The Residence Club at PGA West
Extend Time for Completion of Onsite Improvements
Adopted: November 3, 2009
Page 3
APPROVED AS TO FORM:
1VI.'KATHLRINE JN, City Attorney
City of La Quinta, alifornia