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CC Resolution 2009-107RESOLUTION NO. 2009 - 107 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 DECEMBER 31, 2010 FOR TRACT MAP 31852, POLO ESTATES. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map 31852, Polo Estates, on March 15, 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 May 1, 2007, 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 offsite improvements as required by the approved SIA is extended to December 31, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on December 31, 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. 2009-107 Tract Map No. 31852, Polo Estates Time Extension to Complete Offsite Improvements Adopted: December 75, 2009 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151" day of December 2009, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH Mayor'I City of La Quinta, Cali ornia ATTEST: VERONICA J. MC~lNTE~INO, CMC, City Clerk City of_La Qui~a, California (City Seal) _ ' _v APPROVED AS TO FORM: Nr KAfiHERItVE JEly~O ,City Attorney City of La Quinta; ~fornia