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Home My WebLink AboutResidence Inn and Courtyard Construction Time Frame r PALM DESERT REDEVELOPMENT AGENCY MEMORANDUM DATE: MAY 25,2000 TO: EXECUTIVE DIRECTOR,HONORABLE CHAIRMAN AND MEMBERS OF REDEVELOPMENT AGENCY BOARD FROM: DAVE YRIGOYEN,REDEVELOPMENT MANAGER SUBJECT: RESIDENCE INN AND COURTYARD CONSTRUCTION TIME FRAME Recommendation: That the Agency Board waive the provisions of Section 3.1 of the Disposition and Development Agreement with PDH Associates for the development of the Residence Inn and Courtyard at Desert Willow Resort. Background: In April of 1998, the Agency Board approved a Disposition and Development Agreement with PDH Associates for the development of a Residence Inn and Courtyard on the northeast corner of Desert Willow Resort. Section 3.1 of that Agreement provided that should PDH fail to open the project for business by May 1, 1999,then PDH would pay the Agency$1,000.00 per day until it opened for business. The Agency,however,reserved the right to waive all or a portion of that penalty at its sole discretion. The purpose of Section 3.1 was to provide assurances that the developer would develop the project within the time frame agreed to, and not prolong that development and tie up the land for an indefinite period. The development of the Residence Inn and Courtyard was within a reasonable period of time, however,beyond the time frame allowed under Section 3.1. Essentially,the Residence Inn received its first Certificate of Occupancy on February 12, 1999 for its first 20 units to March 12, 1999 for the remaining areas. The Courtyard,however,received its temporary Certificate of Occupancy on July 15, 1999 with its final Certificate of Occupancy on September 1, 1999, approximately four months following the deadline. G:\RDA\Maria Hunt\WPDATA\YRIGOYEN\STFRPTS\52700.pdh.wpd Staff would recommend that given the fact that the development was reasonably within the time frame identified and a good faith effort on the developer's part was evident in the pursuit of this development and such a penalty would severely impact a viable business within the community, waiving the provisions of Section 3.1 are merited. REVIEWED AND CONCUR: Dave .goyen 410 Redevelopment Manager Executive Director mh ci,p.em BY RDA ON 5-a\s-00 VERIFIED BY Original on file with City Clerk's Office G:RDA\Maria Hunt\WPDATA\YRIGOYEN\STFRPTS\52700 pdh wpd 2 • Section 2.13 Additional Instructions. The Parties shall execute appropriate escrow instruc- tions, prepared by the Escrow Holder, which are not inconsistent herewith. If there is any inconsistency between the terms hereof and the terms of the escrow instructions, the terms hereof shall control unless an intent to amend the terms hereof is expressly stated in such instructions. ARTICLE 3 DEVELOPMENT OF THE PROPERTY. Section 3.1 Development of the Project. PDH shall develop, or cause to be developed, the Proje erty, in accordance with the Scope of Development, the Schedule of Performance, all requirements of the City's Municipal Code, and any and all applicable federal, state and local laws, rules and regulations in connection with such construction, any conditions of approval required by the City (including conditions of approval for the subdivision of the Property), the Plans and Specifications, and all terms, conditions and requirements of this Agreement. If PDH fails to open the Project for business by May 1, 1999, as a Residence Inn and Courtyard by Marriott, then PDH shall pay damages to the Agency for such failure to open by such date in the sum of $1,000.00 per day thereafter, until it opens for business. Such payment shall be due within 10 days after receipt of demand therefor from the Agency. Such covenant to open by May 1, 1999, set forth herein shall be subject to extensions due to delays in construction caused by reason of any Force Majeure Delay (as defined in Section 6.7). In the event of a Force Majeure Delay, PDH's nonperformance shall be excused and the May 1, 1999 date shall be extended, by the number of days constituting the Force Majeure Delay. The Agency Board shall have the right to waive all or a portion of the $1,000.00 per day in damages in the Agency Board's sole and absolute discretion. Section 3.2 Agency's Right to Review Plans and Specifications. In connection with construction of the Project, PDH shall comply in all respects with Plans and Specifications approved by the Agency or the City in accordance with this Agreement. The Agency shall have the right to review all Plans and Specifications for the Improvements to ensure that the Improvements are constructed to a high quality as described in the Scope of Development in the Agency's reasonable judgment. If Plans and Specifications (including Basic Concept Drawings, Preliminary Drawings, and Final Construction Drawings) are approved by the City Council or its applicable subdivisions (such as the Planning Commission, Department of Building and Safety and/or the Department of Public Works), then such Plans and Specifications shall be deemed approved by the Agency. Section 3.3 Preliminary Site Plan. By the date set forth in the Schedule of Performance, PDH shall prepare and submit to the Agency, for the Agency's review and written approval, a Preliminary Site Plan and related documents for the Property, which Preliminary Site Plan shall be consistent with the Scope of Development. Section 3.4 Basic Concept Drawings. By the date set forth in the Schedule of Performance, PDH shall prepare and submit to the Agency, for the Agency's review and written approval, Basic Concept Drawings and related documents for the Property, which plans and drawings shall be consistent with the Scope of Development. PDH may make changes and modifications to the Basic Concept Drawings only after obtaining the Agency's prior written consent, which consent shall not -13- 980429 JAR E140-7.JAR PALM DESERT -- PDH DDA P6402-0001.59 Or r y. a ,, f .y+ ' ti w t t` , .•y, .pdf.... 4•l i.o �rj A t ♦.4.0) gpJ..a,: a,.v d 4.w"k.s 4ir.�.�. 1 ,��..-�w� t Mrwrwd1 , ♦"s, 7 '"' � '},J., . .• �.<'yG.,,a •} ,w +3_rr s�t�[�'+;r Li/ 1 r/A t•. .;,.r •�r."td.,.r y .j✓�y� I , �y.-' a _• 'A. ice' Nip. . ' ____ j."V L airrtifirutr of (1 rru ptturg c A or./ i +c Via. •,;' { :�r, r y' • City of Palm Desert ;;x • :-'" ;y,i ;J,t x BUILDING AND SAFETY DEPARTMENT i r b .• '.'` '• This Certificate issued pursuant to the requirements of :r: -. 4• • A' Section 307 of the Uniform Building Code certifying that ,srfi,� ` -r at the time of issuance this structure was in compliance �`.�"y7'..ja" 7 ',•.. ., tr:,i• tail .i iwtin.V''s�l �1�. City regulating building 1i L,*- .F ; with the various ordinances of the re ulatin construction or use. For the following: 'X' , .:; '.--. ' .) r,..-t.,_le.1,'.-‘p L..,. . , ..„.......,,,.„..,,,,, ...............,,,.. , .. :, i ..„ .,.., ( 1--.. c.)..,:f; f - ` it ..w.+. i t '`sr i i• 1 � y r.•1J �Lr /t ▪ • BUILDING ADDRESS : 38365 COOK STREET, BLDG. #1 . � "yi {{ALL""{y.P• .7.4.;l U51. CLASSIFICATION: 20 UNIT HOTEL BUILDING EY E jv' `- �"'; BUILDING PERMIT NO. : 12302 GROUP: R-1 . .;; 4. TYPE OF CONSTRUCTION: VN/SP USE ZONE: PR5 . ��• ` `~ OWNER : Marriott Residence Inn 'tilt > C 38-305 Cook Street 'i" Vti•`. , Palm Desert , CA 92260 1 ` ,`• .�:r• ', l��l . . BY. - ' ., B ILDINC1999 OFFICIAL Date : February 12 , ',:- !�io- f..,,;� Tx1 1,,x.. . rt., ,....; i) POST IN A CONSPICUOUS PLACE • lb, ., y.,. + V. •;D-•-:_7:77,77-i:---r,N.:37.,,,,,..,77.1w.7..r._, '4 r/,. , l� t , r*�? ,.'J+f r: ; �t er,f i ,fix i +,...,� '. s,(p, •�., d' r. T h fah ••,.'?• 0„Yrr. T • •�'i:rr,,, .: n r►nYp� of Nigh . .' r -.ii Jr1 'or r IT ..ri..•:ry.',;�ltt 7 • .,,ril� a• 7jti��{• ',•J T•tj Yr{ :• t,w4,47 ttit �L`•.0%",0!t.Z:IIVI{ .rt i�M?0rhA 0 i . •.. .r ♦ .0) i�j f, t.c>f,.•J ' i♦ , �{ (�•• t. n.`I{�.• jai \ .r. .may"' ..�r;.t'Hry .Y,....A. .¢, , /.il.11l.'4rJ/'y,,4 t ,..,"`1 � y+y'(ct4' . ir' 1 '«`,!� sy `,r4 / ,. .L -; :, '1.- '.0...c..c.M.Vii ,' •j_Mrwr..rVip• r.,A.. •r✓! sl,~4 YR'' , � ,,Vibil'+ 7`l"N..'4A0f,k-,--i7: r i//rrse `mil ,. Y.? • ? t , : •z , ; : `' " ..•. .- Ir,... �;r 0,. `r :4, ;= . (!rrtifiratr of Mrroantr- Vii • 1 ,.t x - .. -4 i s x ti. , ') ..., ;I:".if.•••a (,.....3.. .........____:---.N.S.S.....„.1,S4)„....._....19140"." c„,,, . Pa.,....pr. A ,i ' .. -, /.- � f �xi. City of Palm Desert x f It ti e •'� Ems' 1 '1. ii • ' �� ;' 1.; BUILDING AND SAFETY DEPARTMENT C ... , '--^t:. ,.... ..,. Th is Certificate issued pursuant to the requirements of p . -,4 1 �''' " Section 109 of the Uniform Building Code Certifying that ( •,r 4 !? },;== at the time of issuance this structure was in compliance !'` ! , t 1 's with the various ordinances of the City regulating building ` �"!�`(N'"� construction or use. For the following: • ;00-ft►4 ,1 M �,,,:.:,i BUILDING ADDRESS: 74895 Frank Sinatra Drive* V. [0-4,4* '• f'•'"''1»: USE CLASSIFICATION: Individual Hotel Building ;1; -Xfal, ' .f, ` '� BUILDING PERMIT NO.: 31856 GROUP: R-1 . y..Y •.:.'it•�, TYPE OF CONSTRUCTION: V-1 hr. USE ZONE: PR-5 ' ems•, `�:: OWNER: PDH Associates LLC ' " Post Office Box 14203 ' , ,::'�,,". Palm Desert, CA 92255 ; `"'"�•-`� • x 1 !D._i,...',, 5.- ...., : . , .., ., ,.. %.i....:,.....1 . \ 7 iL., -..,....,...', .. ... i BY: Lc_,....,t,,.._., ,,,-„,,,.,..,, BU DING OFFICIAL DATE: July 15, 1999 I': . ........; -.7.1. ,.1 ,ID( . ,', - 30 DAY TEMPORARY CERTIFICATE OF OCCUPANCY „, .c'• _ POST IN A CONSPICUOUS PLACE 41 • I it ,,...: .,A , , gii sie.::-.,:i../ _.k ,k,...., ,i ‘:-...> 4-I m w kf:, fat ik 7';-') . ' - .i. fit' + • tr•. ... .�� 1` ;t` !�- w ,-•,.~+r....rM- �}...-,.• J•MN►r t j w�A J MM.n►� 'A.w4-M1 dl• • ..- ' <' i•r,,r t' * /`r�� ' 17 CZi.igitAi . '>: ,e( • r% 0 :i :' • et '.. , _ <, 0_,,,,, __ ' '°• . (4'''' " i'' .". ..,...,.;., .,, _ ._ _ _ __ __ .......•4.,•....'-/,.„:14,..8,..41.1110, tet'..,. =* ,:. C.rrtif iratr of (err panrg r,x 41.,: rtfli/t",N � �P, %teaea J' � tiik ic CI . 4/11 ,tom: / �,Y .If. Cc City of Palm Desert %~ IS '- „4„ BUILDING AND SAFETY EPARTM � .''''''.,::, x'' This Certificate issued pursuant to require is Section 109 of the Uniform Building `g C ode Certii 'i ' ,4,,In at the time of issuance this structure was in cor eft' with the various ordinances of the City regulating • ,;;per-:*Nt construction or use. For the followin - ,•r•; x, t BUSINESS ADDRESS: 74895 Frank Sinat „ : ive ;, , �- USE CLSSIFICATION:• Individual Hotel Building ,Y-7 'x ,.) "444))kik...0 BUILDING PERMIT NO.: 31856GROUP: R" s . ,, ; ,•..:,;..... r4 TYPE OF CONSTRUCTION: V-1Hr. USE :ENE: PR- ce i . dIT . OWNER: PDH Associates LLC a:.t p:; Post Office Box 14203 i ' 7 Ai yz;,,.. Palm Desert, CA 92255 �' ` .. :• K / BY: �• & kJLL ' '• ., -•�. .. BUI NG OFFICIAL DATE: September 1, 1999 6 ,� '!�• , •eft I.': •,, POST IN A CONSPICUOUS PLACE `