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CITY OF PALM SPRINGS
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EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS
GREEN EXTERIOR IMPROVEMENT AGREEMENT
THIS GREEN EXTERIOR IMPROVEMENT AGREEMENT (the "Agreement") is made
and entered into thisday of 70 6 2013, by and between the City of Palm
Springs, ("City"), and the Ie-, a
So�o ("Owner"). Collectively the City and Owner are
referred to A the Parties.
RECITALS
A. City has established an Exterior Property Owner/Tenant Improvement Grant
program for businesses within the City limits of the City of Palm Springs
excluding the Downtown and Uptown Business Improvement District Area and
certain neighboring redevelopment project areas, shown in the attached Exhibit
"A", excluded area map.
B. Owner is the owner of a real propert busines (circle one) located within the
eligible area at y U Palm Springs,
("Property"), otherwise known as
(building or usine ).
C. Owner has applied for a Grant in the amount of $ 12H I , �>3 to make
exterior improvements to the Property as described in Exhibit "B," Scope of
Work.
D. Owner has received all necessary approvals from the City's Planning, Building or
Engineering Departments, which are shown in Exhibit "C", Evidence of Approval.
E. The City has reviewed the application, the evidence of financial participation by
Owner, the location of the Property, and the approvals, and has approved the
Grant Application.
NOW, THEREFORE, in consideration of the recitals, promises and mutual
agreements contained herein, City agrees to grant to Owner the amount of
17 L4 ( , 33 and Owner agrees to undertake the approved improvements, under
the following terms and conditions:
AGREEMENT
Property Ownership/Right to Undertake Work. Owner represents that it is
the Owner of the Property or holds Tenancy in the Property which entitles it
to undertake exterior physical improvements to the Property.
2. Schedule. The Parties agree that all exterior improvements shall be completed
within SL-). days of the date of this Agreement.
3. Contractor. The Parties agree that Owner has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
Contractor/Vendor Agreements, and the acceptance of the material used and
the work performed is Owner's responsibility, and the City is not a party to any
agreement with the vendor or contractor and does not guarantee the quality of
workmanship of the property improvements, nor have any liability whatsoever
therefor.
4. Design Approval and Permits. The Parties agree that Owner has sole
responsibility for obtaining design approval and evidence of required permit
approvals from the City of Palm Springs as shown in Exhibit C, and ensuring the
compliance with those permits.
5. Grant Limitations. The City shall provide a Grant of up to $2,000. The Grant
shall be in the amount of the actual approved expenditure for the improvement
described in Exhibit B consistent with the provisions of the Green Facade
Improvement Program as adopted by City Council.
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner or his contractor to the
City's satisfaction. Evidence of completion shall include but is not limited to:
photographs of the finished work; a final inspection by a representative of the
City of Palm Springs; and, a copy of the final invoice for the work completed and
proof of payment to the contractor.
7. Release of Liens. The Parties Agree that the Owner is responsible for obtaining
the release of any Mechanics Liens or other liens placed upon Owner's property
by any contractor or subcontractor hired under this program.
8. Maintenance. Applicant and owner agrees and covenants that, after the City
issues its Certificate of Completion, Owner shall be responsible for maintenance
of all improvements that may exist at the Property from time to time, including
without limitation buildings, parking lots, lighting, signs, and walls in first-class
condition and repair, and shall keep the Property free from any accumulation of
750172.1
debris or waste materials. Owner shall also maintain all landscaping required
pursuant to Property's approved landscaping plan, if any, in a healthy condition,
including replacement of any dead or diseased plants with plants of a maturity
similar to those being replaced. Owner hereby waives any notice, public hearing,
and other requirements of the public nuisance laws and ordinances of the City
that would otherwise apply. The City has the option to give a warning for non -
maintenance and may provide maintenance of the owner fails to meet City
standards or requirements to avoid nuisance property issues. If City
maintenance is required the owner acknowledges that responsibility for fees
associated with such service. The owner agrees to assume maintenance of the
property should the tenant lease end.
9. Covenant Against Discrimination. Owner covenants that, by and for itself, its
heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on
account of race, color, creed, religion, sex, marital status, disability, sexual
orientation, national origin, or ancestry.
10. Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give to the other party or any other person
shall be in writing and either served personally or sent by United States Postal
Service, pre -paid, first-class mail to the address set forth below. Either party
may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated seventy-two (72) hours from the
time of mailing if mailed as provided in this Section.
To City: City of Palm Springs
Attention: Green Exterior Improvement
Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner: J{nf n nzv) S iYi 2
a t-. L
Palm Springs, CA TZ Zfo2,
11. Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by mutual consent of the
parties by an instrument in writing.
12. Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
13. Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared
750172.1
invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties
hereunder.
14. Indemnification. Owner shall indemnify and hold harmless, the City, the City
Council, its officers, agents, employees and independent contractors free and
harmless from any liability whatsoever based and asserted upon any act or
omission of the City for property damage, bodily injury, or death or any other
element of damage of any kind or nature, relating to or in any way connected
with Owner's participation in the Program.
15. Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf
of said parties and that by so executing this Agreement the parties hereto are
formally bound to the provisions of this Agreement. Owner certifies that the
above statements are true and accurate to the best of Owner's belief. Failure
to meet any of the terms of this Agreement shall result in the forfeiture of
any Grant funds from the City for this program.
16. Exhibits. Each exhibit referenced in this document shall be attached hereto
and incorporated as part of this Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
750172.1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
City al i s
Date: By:
City of P Im Springs W1 (in ('QCA- -)
Date: 71 By:
David H. Ready,
City Manager
ATTEST: APPROVED AS TO FORM:
y
ames Thompson Douglas C. Holland
City Clerk City Attorney
�i ►ia ii
Date: '71'g I 1 By: Sq4yjej
Date:
APPROVED BY CHY COUNCIL
750172.1
EXHIBIT "A"
MAP
750172.1
GREEN FACADE IMPRON'D=
PROGRAM (GFIP)
MAT BOUIS'DMUES:
All Prqmrties 110CRIed within the M-1 zW
M-IP Nxmdmies of the City of Palm
Springs are ELIGMLE. Businesses
located in the Business Inipmvrement
District area, defined as all bumnessft an
P.
Palm Canyon Dniv, north of Ramon Road
and south of Tachevah Dave along both
sides of the street, Inchan Canyon .Drim
north of Ramon Road and south of AIejo
Road along both sides the street; Belardo
Road, north of Ramm Road and south of
AIqo Road on both sides of the saint
Museuni Drive on both sides of the street
Tahquitz Canyon Way west of Indian
Canyon Dm-e on both sides of the street;
La Plaza; Andreas Plaza, Aniado Road
Arenas Road, and Baristo Road from
Indian Canyon Drive west to Belardo, Road
on both sides of' the street are NOT
ELIGIBLE-
7
EXHIBIT "B"
SCOPE OF WORK
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EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
750172.1
-ko�Z Cityf PalmSprings
o
Community and Economic Development Department
* * 3200 E. Tahquitz Canyon Way • Palm Springs, California 92262
* �c ,a'0 » TEL: (760) 323-8259 • FAX (760) 322-8325 • TDD (760) 864-9527
C` ORPORATEO
,q �P Community Redevelopment Agency • Community Development Block Grant
F O RN Downtown Development • Economic Development • Housing • Public Art
July 1, 2013
The Troubleshooter
410 San Rafael Rd. Unit A
Palm Springs, CA 92262
Attention: Shannon Estrin
RE: Green Exterior Improvement Program
The Troubleshooter
410 San Rafael Rd. Unit A
Dear Shannon:
The City of Palm Springs has received your application for an owner/tenant grant under
the Green Exterior Improvement Program. Based on your application, you are eligible
for a reimbursement of $1,241.33 from the City following completion of the work.
The next step is for you to enter into a reimbursement agreement with the City. As soon
as the Agreement is signed, you may authorize your contractor to do the work, and when
work is complete, submit proof of payment to the City for reimbursement.
If you have any questions or require further assistance, don't hesitate to contact me at
323-8260 or by email at Diana. shavCa)palmsprings-ca.gov.
Sincerely,
li�
Diana Shay, Redevelopment Coordinator
P.S. Don't forget to take some digital before and after photos and email them to us!!
cc: Michele Mician, Manager of the Office of Sustainability
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT "D"
CONTRACTOR/VENDOR AGREEMENT
mlil"m
Date: July. 25, 2012
To: Wayne Holland
Re: Trouble Shooter
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.ELECTRIC
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Making power Possible
* * Proposal
#3235R2
* * *
Provide and install all necessary materials, equipment and labor to complete the following electrical work. Price is
based on walk thru and information provided by Wayne Holland.
Price to include:
1) Provide and install New LED signage light fixtures to each building
2) Provide and install New LED sconce light fixtures at exterior of each Entry to building
3) Provide and install New LED wall pack fixtures to exterior of buildings for accent and safety
NOTE: All fixture are being install at existing fixture outlets and bases only
TOTAL: $ 1,862.00
Price not to include:
1) Permits, licenses and fees if any L.{, 5
2) Any necessary patch work
3) Any changes to above -mentioned Scope of Work
Please do not hesitate to call should you have any questions.
Sincerely,
Cockrell Electric, Inc
Ricardo Valle
Estimator
Accepted:
Date: —7 — Z, 9 -- 1
590 Oleander Road
Palm Springs, California 92264-1504
760) 864-6233 FAX (760) 864-6235
Electrical Contractors C-10 #725720
Contract
Company Name
Company Contact:
Summary of Services
Contract Price:
Funding Source
Contract Term:
Contract Administration
Lead Department:
Contract Administrator
CONTRACT ABSTRACT
The Troubleshooter
Shannon Estrin
Reimbursement under Green Exterior Improvement Program
$1,241.33
Sustainability Account 138-1270-58106
30 Days
Sustainability
Diana Shay
Contract Approvals
Council/ Community
Redevelopment Agency
Approval Date:
Minute Order/ Resolution Number:
Agreement No:
Item 5A
Contract Compliance
Exhibits:
Included
Signatures:
Included
Insurance:
n/a
Bonds:
n/a
February 2, 2011
22871
Contract prepared by: Community & Economic Development Department
Submitted on: 07-09-13 By: Diana Shay