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CC Resolution 2011-038RESOLUTION NO. 2011 - 038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE AND ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JUNE 7, 2012 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 March 2, 2010, 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 off -site and on -site improvements as required by the approved SIA is extended to June 7, 2012. Section 2 . The time extension for completing the improvements shall expire when City offices close for regular business on June 7, 2012. 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. 2011 -038 Tract Map No. 29436, Hidden Canyon Time Extension for Onsite & Offsite Improvements Adopted: June 7, 2011 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 7` day of June 2011, by the following vote, to wit: AYES: Council Members Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Evans ABSTAIN: None DON ADOL H, Nt4or City of La Quinta, California ATTEST: VERONIC, City of La V1'ECINO, CMC, City Clerk California (CITY SEAL) APPROVED AS TO FORM: M. K T ER NE JENS Cit Attorney City of La Quinta, Ca ornia