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CC Resolution 2010-073 SIA Time Extension Off-Site TR 33336RESOLUTION NO. 2010 - 073 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 18, 2012 FOR TRACT MAP 33336, PALO VERDE II WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map 33336, Palo Verde II, on February 18, 2009; 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 18, 2010, 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 onsite improvements as required by the approved SIA is extended to February 18, 2012. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on February 18, 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. 2010-073 Tract Map No. 33336, Palo Verde II Time Extension to Complete Onsite Improvements Adopted: December 21, 2010 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 s` day of December 2010, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Mayor Adolph NOES: Council Member Sniff ABSENT: None ABSTAIN: None DON AD P , M or City of La Quinta, California ATTEST: VERONICA J~A"ONTtCINC City bf La rota, Californi r _ /'r' (CITY SEAL` ~ ~ ~_ ~- -- -~_~~ >.-,~'~~ APPROVED ~AS TO FORM: i l . K TH RINE JE ON, City Attorney City of La Quinta, California