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HomeMy WebLinkAboutR23390 - Partial Cert of Cmpltn for Site Work PhaseContract No. R23390 PALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVAL OF THE PARTIAL CERTIFICATE OF COMPLETION FOR SITE WORK PHASE AT THE FALCON CREST AND LA ROCCA VILLAS DEVELOPMENTS SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST DEVELOPER: COMDYN PD, LLC 2800 28T" STREET, SUITE 206 SANTA MONICA, CA 90405 DATE: MAY 8, 2008 CONTENTS: PARTIAL CERTIFICATE OF COMPLETION Recommendation: By Minute Motion, that the Agency Board: 1. Approve the Partial Certificate of Completion for Site Work Phase at the Falcon Crest Development and La Rocca Villas Developments. Discussion: At the last regularly scheduled meeting of April 24, 2008, the Agency Board formally accepted the Site Work Phase of both the Falcon Crest and the La Rocca Villas Developments. 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 B.4 of the Agreement Staff Report Approval of Partial Certificate of Completion for Site Work Phase at the Falcon Crest and La Rocca Villas Developments Page 2 of 2 May 8, 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 71r, Approval: Justin Carthy ACM edevelopment Department Head: Dave Yrigo&IVC Director of Paul S ii -ArCarlos L. C nt/Housing K(S / i ;Qr(�ector of Finance , Executive Director ZIOX0 VCd BY RDA ON VERIFIED BY /eDK lmgrn Original on file with City Clerk's Office G \rda\Cathy Walker\Ward Data\STAFF REPORTS\Staff CorrDyn Partial Certificate Sitework Phase doe PARTIAL CERTIFICATE OF COMPLETION This Partial Certificate of Completion is given this day of May 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 116402-0201,1006;00v i .doc EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Tract No. 30795, in the City of Palm Desert, County of Riverside, State of California, as per map filed in Book 406, Pages 73 through 80 inclusive, of Maps in the office of the County Recorder of said County. Ph IO2-02-01 100030()\ 1 doc