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HomeMy WebLinkAboutSR - R23390 Partial Cert of Completion - Falcon CrestContract No. R23390 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL OF THE PARTIAL CERTIFICATE OF COMPLETION FOR PHASE II (30-SINGLE FAMILY HOMES) THE FALCON CREST DEVELOPMENT SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST DEVELOPER: COMDYN PD, LLC 2800 28T" STREET, SUITE 206 SANTA MONICA, CA 90405 DATE: JANUARY 24, 2008 CONTENTS: PARTIAL CERTIFICATE OF COMPLETION Recommendation: By Minute Motion, that the Agency Board: 1. Approve the Partial Certificate of Completion for Phase II (30 single-family homes at the Falcon Crest Development. Discussion: At the last regularly scheduled meeting of December 13, 2007, the Agency Board authorized the Executive Director to accept Phase II of the Falcon Crest development. Written confirmation of this acceptance was provided to the developer on January 14, 2008. In accordance with Section 1.4 of the Agreement, after Acceptance for a phase has been issued, the Agency shall take forward for approval a "Partial Certificate of Completion". Each of the five phases of construction will require a "Partial Certificate of Completion", after Acceptance by the Agency Board. Upon completion of the duties outlined in the marketing and for -sale plan, Exhibit BA of the Agreement, Staff Report Approval of Partial Certificate of Completion for Models Phase and Phase I of Falcon Crest Page 2 of 2 January 24, 2008 and Acceptance of each phase, the issuance of the "Final Certificate of Completion" will be brought forth for Agency Board approval. Submitted By: Catherine Walker Senior Management Analyst mh Approval: nRedevel Jt McCart Department Head: Dave Yrigoy Director o edevelopment/Housing Paul S. Gibson, Director of Finance L 1 CarloOLOrte""'rExecutive Director a �f�d. BY RDA ON I - *a' -08 VERIFIED BY kf)[` Original on file with Cit7Cerk's Office G \rda\Cathy Walker\Word Data\STAFF REPORTS\Staff ComDyn Partial Certificate PhaselI doe PARTIAL CERTIFICATE OF COMPLETION This Partial Certificate of Completion is given this day of January 2008, with reference to the following matters: A. The PALM DESERT REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency") and COMDYN PD, LLC, a California limited liability company (the "Developer") entered into a certain Agreement Between the Palm Desert Redevelopment Agency and Comdyn PD, LLC for Fee Developer Services for Agency Owned Property Located in the City of Palm Desert (the "Agreement"), which Agreement provides, in Section 1.4 thereof, that the Agency shall furnish the Developer with a Partial Certificate of Completion upon completion of construction of the phases of the For Sale Housing and Rental Housing (each as described in the Agreement) (the "Improvements") and located on the real property described in Exhibit "A" attached hereto (the "Site"), and B. This Partial Certificate of Completion shall be evidence of satisfactory completion of the construction of the Improvements required with respect to the Site. NOW, THEREFORE, the parties to this instrument hereby provide as follows: 1. As provided in the Agreement, this Partial Certificate of Completion does hereby evidence that the construction of the Improvements on the Site has been completed in accordance with the provisions of the Agreement and the Construction Documents (as defined in the Agreement). 2. Except as described in Section 1 above, this Partial Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligations of the Developer under the Agreement. PALM DESERT REDEVELOPMENT AGENCY, a public body, corporate and politic By: Name: Jean M. Benson Title: Chairman ATTEST: Rachelle D. Klassen, Secretary 116402-0201 \ 1006300v 1.doc EXHIBIT "A" That certain real property in the City of Palm Desert, County of Riverside, State of California described as follows: Phase Two Single -Family Homes: Lots 30 through 45, inclusive, Lots 51 through 58, inclusive, and Lots 89 through 94, inclusive, of Tract No. 30795, as shown on a Subdivision Map filed on June 7, 2006, in Book 406 at Pages 73 to 80, inclusive, of Maps, in the Office of the Riverside County Recorder. 1602872.2 2 12281-00003