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HomeMy WebLinkAboutResolution - RDA 08-15 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 08-15 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY APPROVING A CERTIFICATE OF COMPLETION FOR THE SAN JACINTO VILLAS PROJECT COMPLETED PURSUANT TO THE SANTA FE STREET AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, the San Jacinto Redevelopment Agency (the "Agency") is a public body, corporate and politic, duly created, established and authorized to transact business and exercise its powers under and pursuant to the California Community Redevelopment Law, California Health and Safety Code, Section 33000, et seq. (the "CRL"); and WHEREAS, the City of San Jacinto ("City") has adopted a redevelopment plan ("Redevelopment Plan") for a redevelopment project area known as the San Jacinto Redevelopment Project Area ("Project Area") and all requirements of law for, and precedent to, the adoption and approval of the Redevelopment Plan have been duly complied with; and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan; and WHEREAS, pursuant to that certain Santa Fe Street Affordable Housing Disposition and Development Agreement ("DDA") dated July 6, 2006, for reference purposes only, the Agency sold to San Jacinto Santa Fe Limited Partnership ("Developer") certain real property located on the west side of Santa Fe Avenue, south of Esplanade Avenue, San Jacinto, California, and within the Project Area ("Property'); and WHEREAS, the DDA provided for, among other things, the development of the Property as an eighty (80) unit multi-family affordable housing project, plus one (1) manager's unit, together with related off-property improvements ("Project"); and WHEREAS, pursuant to Section 4.6 of the DDA, the Agency agreed to furnish Developer with a Certificate of Completion following written request by the Developer and completion of construction of the Project; and WHEREAS, Developer has completed construction of the Project as provided in the DDA; and WHEREAS, Developer has requested in writing that Agency furnish Developer with a Certificate of Completion pursuant to the DDA; and RVPUB\HSHANb1753689.1 I WHEREAS, the Certificate of Completion is a conclusive determination of satisfactory completion of all of the improvements required to be completed under the DDA for the Project; and WHEREAS, the Certificate of Completion does not constitute: (i) evidence of compliance with or satisfaction of any obligation of the Developer to any party other than Agency, (ii) evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage, or (iii) a notice of completion as referred to in California Civil Code Section 3093. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the San Jacinto Redevelopment Agency as follows: Section 1. The Agency Board hereby approves the Certificate of Completion for the Project attached hereto as Exhibit A. Section 2. The Agency Executive Director is hereby authorized to execute the Certificate of Completion on behalf of the Agency, together with such non-substantive changes and as may be approved by the Agency Executive Director and Agency Counsel. Section 3. This Resolution shall be effective immediately upon approval by the Agency Board. PASSED, APPROVED AND ADOPTED this 2nd day of October 2008. Ayes: Carlson, Mansperger, Potts, Stubblefield, Ayres Nays: None Absent: None Abstain: None Redeve opment Agency of the City of San Jacinto y im Ayr thairman ATTEST: D rothy L. houinard, Agency Secretary RVPUB\HSRANh1753689.1 2 APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP --- Jeffe . Ballinger, Agency Counsel RVPUB\HSHANEl753689.1 3 I, Dorothy Chouinard, Agency Secretary of the San Jacinto Redevelopment Agency do hereby certify that the foregoing Resolution No. RDA 08-15 was duly and regularly adopted by the Agency Board at a regular meeting thereof, held on the 2nd day of October 2008, and that the foregoing is full, true and correct copy of said Resolution. By: orothy L. C uinar , Agency Secretary RVPUB\HSHANa753689.1 4 DOC # 2009-0267593 05/28/2009 08:00A Fee:NC Page 1 of 4 WHEN RECORDED RETURN TO: Recorded in i Records County off River side Larry W. Ward Assessor, County Clerk & Recorder CITY OF SAN JACINTO I IIIIII IIIIIII IIII IIIII IIII IIIIII IIIIII III IIIII IIII IIII ATTN: City Clerk 595 S San Jacinto Ave San Jacinto, Ca 92583 SPACE ABOVE THIS LINE FOR RECORDER'S USE RECORDING REQUESTED BY: s R u PAGE SIZE DA MISC LONG RFD COPY Exempt from recording fee.per Government Code Section 6103 CITY OF N JACINTO'CALIFORNIA M A L 465 426 PCOR NCOR SMF G d�-- DeputyBy: b�"""City Clerk n IY! 706 Certificate of Completion (Title of Document) PAGE 1 of 1 IIIIIIIIIIIIIIIIIIIIIII IIII IIIIII IIIIII III IIIII IIII IIII r+`.LcyPl2Fof 4'i[]riH RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 Attention: Executive Director Exempt from Recording Fee per Government Code Section 27383 CERTIFICATE OF COMPLETION 1, Barry McClellan, Executive Director of the Redevelopment Agency of the City of San Jacinto ("Agency"), certify as follows: By its Resolution No. RDA 08-15, adopted and approved October 2, 2008 Agency resolved as follows: Section 1. This Certificate of Completion is made with respect to that certain Santa Fe Street Affordable Housing Disposition and Development Agreement entered into by and between Agency and San Jacinto Santa Fe Limited Partnership, a California corporation ("Developer") dated June 6, 2006 ("Agreement"). The provisions of the Agreement are incorporated herein by this reference and shall be deemed to be a part hereof as if set forth at length herein. The Agreement is an official record of Agency and a copy of the Agreement may be inspected in the office of the Secretary of Agency, located at 595 S. San Jacinto Ave., San Jacinto, California, during regular business hours. All capitalized terms not otherwise defined herein shall have the same meaning as ascribed to those terms in the Agreement. Section 2. The eighty (80) Unit affordable housing project, plus one manager's unit ("Project") required to be constructed in accordance with the Agreement on that certain real property ("Property") described on the attached Exhibit A has been completed in accordance with the provisions of the Agreement. Section 3. Pursuant to Section 4.6 of the Agreement, this Certificate of Completion is a conclusive determination of the satisfactory completion of Developer's obligation to complete construction of the Project on the Property, including all buildings and all parking, landscaping and related improvements necessary to support the Project and its use upon the Property; provided, however, that Agency may enforce any covenants and obligations surviving this Certificate of Completion in accordance with the terms and conditions of the Agreement. RVPUB\HSHANE\753242.1 1 I IIIIII IIIIIII IIII IIIII IIII IIIIII IIIIII III IIIII IIII IIII ` .� . [1 F4 o4f 4C. (FOR DATED AND ISSUED this 3rd day of October, 2008. By: CZ Barry M Ilan, Executive Director ` I Redevelopment Agency of the City of San Jacinto ...... Date: October 3 2008 y C. - ATTEST: Dorothy L. ouinard, City Clerk City of San acinto RVPUBIHSHANE\753242.1 2 EXHIBIT A Legal Description of Property THE NORTH HALF OF LOT 24 OF MIDWAY RANCH TRACT, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE(S) 50 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Iz >, ur v�a ©�4 m fU? V Lz r RVPUMSHANE\753242.1 Exhibit A