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CC Resolution 2012-028 TM 32070 Time Ext CodornizRESOLUTION NO. 2012 - 028 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 IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JANUARY 1, 2013 FOR TRACT MAP NO. 32070, CODORNIZ WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 32070, Codorniz, on November 3, 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 December 30, 2011, 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 off -site improvements as required by the approved SIA is extended to January 1, 2013 with the exception of the sidewalk on Avenue 52 to be completed by September 1, 20.12. SECTION 2 . The time extension for completing the improvements shall expire when City offices close for regular business on January 1, 2013 with the exception of the sidewalk on Avenue 52 to be completed by September 1, 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. Resolution No. 2012 -028 Offsite Time Extension - Tract Map No. 32070 Adopted: June 5, 2012 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 5` day of June 2012, by the following vote, to wit: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADO PH, yor City of La Quinta, California ATTEST: S� SUSAN MAYSELS, 16jerim City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE A City of La Quinta,