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CC Resolution 2008-051RESOLUTION NO. 2008-051 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 SEPTEMBER 30, 2009 FOR TRACT MAP NO. 31627, THE RESIDENCE CLUB AT PGA WEST WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31627, The Residence Club at PGA West, on April 15, 2004; 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 August 30, 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 improvements as required by the approved SIA is extended to September 30, 2009 with the exception of the perimeter wall, sidewalk, and entrance improvements be completed by January 2, 2009. SECTION 2. The time extension for completing the improvements shall expire when City offices close for regular business on September 30, 2009 with the exception of the perimeter wall, sidewalk, and entrance improvements be completed by January 2, 2009. 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. Resolution No. 2008-051 Tract Map No. 31627, The Residence Club at PGA West Adopted: August 5, 2008 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 Quinta City Council held on this 5`" day of August 2008, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON AD PH, ayor City of La Quinta, California ATTEST: VERONICA J. MOfjI~ECINO; CMC, City City of La Quint California (City Seal) APPROVED AS TO FORM: M. KATHERI JENS ity Attorney City of La Quinta, Cali ornia