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CC Resolution 2009-106RESOLUTION N0. 2009 - 106 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 SEPTEMBER 3, 2010 FOR TRACT MAP 30092, PIAZZA SERENA. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map 30092, Piazza Serena, on February 3, 2005; 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 March 3, 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 as required by the approved SIA is extended to September 3, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 3, 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. 2009-106 Tract Map No. 30092, Piazza Serena Time Extension to Complete Onsite Improvements Adopted: December l5, 2009 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15t" day of December 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph None None None DON ADOLF~f, M, City of La Quinta, A VERONICA J~ONTEI City of La Qi'iinta, Cal% NO, CMC, City Clerk rnia APPROVED AS TO FORM: M. KAT ER E JEN ,City Attorney City of La Quinta, Ca ifornia a