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CC Resolution 2007-009 RESOLUTION NO. 2007-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA GUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT (SIAl FOR A SPECIFIED DATE OF MARCH 1, 2007 FOR AMENDED TRACT MAP NO. 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC WH~REAS, the City Council approved the Subdivision Improvement Agreement (SIAl for Tract 31348, The Estates at Point Happy on November 16, 2004, andl WH~REAS, 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 WH!:REAS, failure by the Subdivider to complete construction of the improvements by January 12, 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 WH!:REAS, 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 terr"'(ls and conditions of the Agreement. NOVv. THEREFORE. BE IT RESOLVED by the City Council of the City of La Guinta, California, as follows: Section 1. The time for the completion of onsite and offsite improvements as required by the approved SIA is extended until the specified date of March 1, 2007. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on March 1, 2007. I f 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. Resolution No. 2007-009 Amended Tract Map 31348 Point Happy Ranch I PH Ranch llC Adopted: February 6. 2007 Page 2 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. PASSED, APPROVED and ADOPTED at a regular meeting of the La Guinta City Council held on this 6th day of February. 2007, by the following vote to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None v:h~ City of La Guinta, California ATTEST: VERONICA J. MO CINO. CMC, City Clerk City of La Guinta. California (City Seal) APPROVED AS TO FORM: