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CC Resolution 2008-069RESOLUTION NO. 2008-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON-SITE AND OFF-SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO MARCH 27, 2009 FOR TRACT MAP NO. 31874-1, CARMELA WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31874-1, Carmela, on January 20, 2005; 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 June 7, 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 on-site and off-site improvements as required by the approved SIA is extended to March 27, 2009. Section 2. The time extension for completing the on-site and off-site improvements shall expire when City offices close for regular business on March 27, 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. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Resolution No. 2008-069 Tract Map No. 31874-1, Carmela Adopted: November 4, 2008 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 4`h day of November 2008, by the following vote, to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None V ~U~ DON ADOL ,May City of La Quinta, California ATTEST: VERONICA J ONTECINO, CMC, City Clerk City of La Quinta, California (City Seaq APPROVED AS TO FORM: M. AT RINE JENSON, Ity Attorney City of La Quinta, California