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CC Resolution 2011-056RESOLUTION NO. 2011-056 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 JULY 5, 2012 FOR TRACT MAP NO. 31910, CAPISTRANO. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31910, Capistrano, on December 6, 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 December 6, 2008, 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 July 5, 2012. Section 2 . The time extension for completing the improvements shall expire when City offices close for regular business on July 5, 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. Section 4 . All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. Resolution No. 2011 -056 Tract Map No. 31910, Capistrano One Year Extension to Complete Offsite Improvements Adopted: July 5, 2011 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5 day of July 2011, by the following vote, to wit: AYES: Council Member Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None (Inv DON AD PH, yor City of La Quinta, California Q VERONIC. MONTECINO, CMC, City Clerk City of L Quinta, California (CITY SEAL) j i APPROVED: AS TO FORM: JOHN A. RAMIREZ, Assistant City Attorney City of La Quinta, California Resolution No. 2011 -056 Tract Map No, 31910, Capistrano One Year Extension to Complete Ottsite Improvements Adopted: July 5. 2011 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5`" day of July 2011, by the following vote, to wit: AYES: Council Member Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None (1'ru j njjP'4 DON ADO PH, Mayor City of La Quinta, California ATTE VERONIC . MONTECINO, CMC, City Clerk City of L Quinta, California (CITY SEAL) APPROVED AS TO i 601-16 A. AMIRE2 City of L Quinta,