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CC Resolution 2009-016RESOLUTION NO. 2009-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ONSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO FEBRUARY 13, 2010 FOR TRACT MAP NO. 31348, THE ESTATES AT POINT HAPPY. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31348, The Estates at Point Happy, on January 12, 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 February 13, 2009, 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 improvements as required by the approved SIA is extended to February 13, 2010. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on February 13, 2010. 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. Nesolution No. 2009-016 Traet Map No. 31348, The Estates at PoIM Happy Adopted: March 77, 2009 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 17"' day of March 2009, by the following vote, to wit: AYES: Council Members Franklin, Kirk, Sniff, Mayor Pro Tem Henderson NOES: None ABSENT: Mayor Adolph ABSTAIN: None °~-_---~ ~tJL.LC,~- TERRY DERSON, Mayor Pro Tem City of Quinta, California ATTEST: VERONICA . MO ECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: . KAT ERINE J N, City Attorney City of La Quinta, California