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CC Resolution 2013-044RESOLUTION NO. 2013 - 044 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 AND ON -SITE- IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION IMPROVEMENT AGREEMENTS UNTIL SEPTEMBER 9, 2014 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, 2014, 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 Avenue 54 and Monroe Street; 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 September 9, 2014, provided that the developer meets all of the intermediate milestones set forth in Section 2. Resolution No. 2013 -044 Tract Map No. 33076 -1, The Madison Club Extension to Complete Off -site and On -site Improvements Adopted: September 17, 2013 Page 2 SECTION 2. Intermediate milestones are imposed as follows: The time extension for completing the improvements shall expire when City offices close for regular business on March 1, 2014 if the installation of the landscaping improvements for Avenue 54 has not been completed or, on May 1, 2014 if the landscape improvements have not been completed on Monroe 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 17th day of September 2013, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADO H, Mai r City of La Uinta, California ATTEST: 17 1„ / SUSAN MAYSELS, CitfjClerk City of La Quinta, California (CITY -SEAL) _ APPRRR ,gVED -AS TO,FORM/ M. KATHERINE JEN O1 , City Attorney City of La Quinta, 41i ornia