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CC Resolution 2013-027RESOLUTION NO. 2013 - 027 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 AND ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENTS TO JUNE 12, 2014 FOR PARCEL MAP NO. 33954, PHOENIX ROW III, LLC WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 33954 on June 12, 2008; 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 12, 2013, 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 and on -site improvements as required by the approved SIA is extended to June 12, 2014.. SECTION 2. The time extension for completing the improvements shall expire when City offices close for regular business on June 12, 2014. 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. 2013 -027 Parcel Map No. 33954, Phoenix Row III, LLC Extension to Complete Offsite & Onsite Improvements Adopted: June 4, 2013 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 4th day of June 2013, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None VW ON AD PH, NNyor City of La Quinta, California ATTEST: t', SUSAN MAYSELS, dity Clerk City of La Quinta, California (CITY'SEAL) APPROVED AS -TO FORM: M.WATHERINE JRNSON, City Attorney City of La Quinta, California