CC Resolution 2012-048RESOLUTION NO. 2012 - 048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CONDITIONALLY GRANTING
AN EXTENSION OF TIME FOR THE COMPLETION OF THE
OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE
SUBDIVISION IMPROVEMENT AGREEMENT UNTIL
SEPTEMBER 9, 2013 WITH INTERMEDIATE MILESTONES
FOR TRACT MAP NO. 33076 -1, THE MADISON CLUB
WHEREAS, the City Council approved the Subdivision Improvement
Agreement (SIA) for Tract Map No. 33076 -1, The Madison Club, on September 9,
2005; and
WHEREAS, Section 6. Completion of Improvements of the approved SIA
requires that the developer 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 developer to complete construction of the
improvements by September 9, 2012, 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, the developer has committed to completing the parkway and
median landscape improvements for Madison Street and Avenue 53 within one
year and commencing the parkway and median landscape improvements for
Avenue 54 and Monroe Street shortly thereafter; 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 September 9, 2013, provided that the
developer meets all of the intermediate milestones set forth in Section 2.
Resolution No. 2012 -048
Time Extension Offsite - Tract Map No. 33076 -1
Adopted: August 7, 2012
Page 2
SECTION 2 . Intermediate milestones are also imposed as follows: The time
extension for completing the improvements shall expire when City offices close for
regular business on October 12, 2012 if the developer fails to submit to the City
revised plans for the parkway and median landscaping for Avenue 53 and Madison
Street prior to that date. Additionally, the time extension for completing the
improvements shall expire when City offices close for regular business on February
1, 2013 if construction has not commenced by that date for the parkway and
median landscaping improvements for Avenue 53 and Madison Street.
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 7t day of August 2012, by the following vote:
AYES: Council Members Evans, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: Council Member Franklin
C 4� /V
DON AD PH, M or
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, InteriM City Clerk
City of La Quinta, California
(CITY SEAL)-,,-
aN,
Resolution No. 2012 -048
Time Extension Offsite - Tract Map No. 33076 -1
Adopted: August 7, 2012
Page 3
APPROVED AS TO FORM:
WILLIAM H. IHRKE, for the City Attorney
City of La Quinta, California