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HomeMy WebLinkAboutA8295 - McLEAN COMPANY1 PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT FACADE IMPROVEMENT GRANT AGREEMENT FACADE IMPROVEMENT GRANT AGREEMENT (OWNER) THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 28 day of August, 2018 by and between the City of Palm Springs, Community & Economic Development ("City"), and McLean Company, Michael McLean ("Owner"). Collectively the City and Owner are referred to as the Parties. RECITALS A. City has established an Exterior Property Improvement Grant program for businesses in the City of Palm Springs. B. Owner is the Owner of a real property or business located at 2500 N Palm Canyon Drive, Palm Springs, ("Property"), otherwise known as Racquetclub Center (building or business). C. The City shall provide a Grant not to exceed $5,000 with a match contribution from the applicant. The Grant shall be 50% of the amount of the actual approved expenditure for the improvements described in Exhibit "D", up to the $5,000 cap. D. Owner has applied for a Grant in the amount of $5,000 to make exterior improvements to the Property as described in Exhibit "B," Scope of Work. E. Owner has received all necessary approvals from the City's Planning, Building or Engineering Departments, which are shown in Exhibit "C", Evidence of Approval. The estimated cost of the work proposed is $19,511 as shown in Exhibit "D". F. 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 promises and mutual agreements contained herein, City agrees to grant to Owner the amount of $5,000 and Owner agrees to undertake the approved improvements, under the following terms and conditions: AGREEMENT 1. Property Owner Right to Undertake Work. Owner represents that it is the Owner of the Property entitling owner to undertake exterior physical improvements to the Property. 2. No Agency Relationship. Owner understands and acknowledges that this grant creates no agency relationship between Owner and City. 3. No Conflict of Interest. Owner, by accepting this Grant, affirms that Owner, its officers, or employees neither are employed by the City nor does Owner, its officers, or employees serve on any City board or commission or otherwise have a fiduciary duty to the City that is a conflict of interest, a potential conflict of interest or creates the appearance of impropriety. 4. Schedule. The Parties agree that all exterior improvements shall be completed within 90 days of the date of this Agreement. 5. Contractor. The Parties agree that Owner has sole responsibility for choosing and hiring the contractor, which shall be shown in Exhibit "D", ContractorNendor Agreements, and the acceptance of the material used and the work performed is the Owner 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. At all times hereunder, the Contractor shall have a valid City of Palm Springs Business License. 6. 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. 7. Grant Limitations. The maximum City matching grant shall not exceed $5,000The estimated cost of the work proposed is $19,511, as shown in Exhibit „D„ 8. Evidence of Completion and Open for Business. The Parties agree that the City will release the Grant funds upon the completion of the work by the Owner or his contractor. 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. The business must be open to consumers. 9. 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. 10. Maintenance. Owner agrees and covenants that, after the City issues its 2 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 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. MISCELLANEOUS PROVISIONS 11. Covenant Against Discrimination. In connection with its performance under this Agreement, Owner shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Owner certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Tenant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Tenant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. Owner shall ensure that applicants for employment, and its employees are treated with dignity, respect, and equality and shall not be discriminated against on any unlawful basis. 12. Prevailing Wages. Hold Harmless, and Defend. Owner agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Owner shall bear all risks of payment or non-payment of prevailing wages under California law, and Owner hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 13. 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 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. 3 To City: City of Palm Springs City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Owner: McLean Company 2500 N. Palm Canyon Palm Springs, CA 92262 Attn: Michael McLean 14. Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 15. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 16. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared 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. 17. Indemnification. Owner shall indemnify, hold harmless, and defend the City of Palm Springs ("City"), the City Council, its officers, agents, employees and 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 participation in the Program. 18. 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. 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. City of Palm Springs Date: `�� l By: C�)L� Jay Vi ta, rrector Comm i & Economic Development Date: v % By:If David H. Ready, Esq., PhD. City Manager "OWNER" Date: �� / y . t6�lc i McLean, clean Company Date: 5 EXHIBIT "A" MAP Racquet Club Center (Formerly Northgate 111) 2500 N Palm Canyon Drive Alvarad& Rd Sundance I., W Cortez Rd 2500 IN Palm Canyon Dr, Palm Springs, CA 922162 Cheri_ r M �-'IR E Associates Inc Palm Furrf9ture and Design 7-Eleven F M . Del Taco L9 V 111 ej era iRYPFS 0 EXHIBIT "B" SCOPE OF WORK Design layout of new monument signs; remove current monument signs; and install new monument signs — one on North Palm Canyon and one on Racquet Club. Tenant names to be aluminum faces routed out names, colors grey and white with black lettering. EXHIBIT "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) SEE NEXT PAGE A C O� PALM Sp4 h C V N C,� 4I F ORN�r CITY OF PALM SPRIN Department of Planning Service 3200 E. Tahquitz Canyon Way, Palm Spr Tel 760-323-8245 — FAX 760-322-8360 For Staff Use Only Case Number: In -Take Planner: Date: i CITY OF PAL SpSPRINGS, CALIFORNIAPLANNING OEPARTMEW S STAFF APP O°VA Staff Signature e Date I s, EA5E9 2 Imthcmditlma»fdbw SIGN PERMIT / SIGN PROGRAM PLANNING / ZONING GENERAL INFORMATION FORM TO THE APPLICANT.- Please fill out information requested below and attach the appropriate supplemental application. Proiect Site Information: I Sign Address: ��v ►v ` L (/� !v� Business Name: Applicant's Na e: G� Phone �v — % 7 3 Email: L r '� APN: Sots �[� 65 ) Zone: Section/Township/Range: Tyne of Sian: Permanent Main ❑ Temporary / Banner For Sale / Lease Sign ❑ Subdivision Sian Desian: Square footage of sign: Linear frontage of business: Height of freestanding sign: Number of existing signs: Sian Desianar- Sign Com Address: Phone #: ft. Number of proposed signs: ft. Color of sign: ft. Materials: Type of Lighting: Conditions of Issuance: 1. All Signs must comply with the PSZC Section 93.20.00 2. C O� PALM Sp4 h C V N C,� 4I F ORN�r CITY OF PALM SPRIN Department of Planning Service 3200 E. Tahquitz Canyon Way, Palm Spr Tel 760-323-8245 — FAX 760-322-8360 For Staff Use Only Case Number: In -Take Planner: Date: i CITY OF PAL SpSPRINGS, CALIFORNIAPLANNING OEPARTMEW S STAFF APP O°VA Staff Signature e Date I s, EA5E9 2 Imthcmditlma»fdbw SIGN PERMIT / SIGN PROGRAM PLANNING / ZONING GENERAL INFORMATION FORM TO THE APPLICANT.- Please fill out information requested below and attach the appropriate supplemental application. Proiect Site Information: I Sign Address: ��v ►v ` L (/� !v� Business Name: Applicant's Na e: G� Phone �v — % 7 3 Email: L r '� APN: Sots �[� 65 ) Zone: Section/Township/Range: Tyne of Sian: Permanent Main ❑ Temporary / Banner For Sale / Lease Sign ❑ Subdivision Sian Desian: Square footage of sign: Linear frontage of business: Height of freestanding sign: Number of existing signs: Sian Desianar- Sign Com Address: Phone #: ft. Number of proposed signs: ft. Color of sign: ft. Materials: Type of Lighting: Conditions of Issuance: 1. All Signs must comply with the PSZC Section 93.20.00 2. r 0125"Alluminum Box i Aluminum Face .125' acrylic .5' Push Ant metal .125" RACQUETCLUB CENTER I 1 TENANT TENANT 2 TENANT TENANT 5 0 I TENANT TENANT 0 N.PALM CANYON DR. CrrYOF MM SPRWa CAUFOMIR FLOUM nO LV.VM1M?1J STAFF APPROVAL Staff Signature NK- t>ab fZ y Yi d Case A Si 11 0• I O "corw;*" its k> M acrylic 5' Push Throu Signs Specs Monument Sign Frame to be build with 125" metal sheet, and .125" aluminum boxes (or the tenants with push thru letters, Racquateclub Center and address to be .5" acrylic push thru black acrylic letters. RECEIVED 1) 18 2018 CANY4 PRINT & SIGNS 68303 Ramon ad Cathedral City CA 92234 Job Irdormatioht RACQUETCLUB CENTER (MONUMENT SIGN) Data: 12/10/18 Materials Coforfoda PANTONE 663C PANTONE BLACK C I WHITE Revision Dates nFonmTAA^AIT The artwork on this page is the exclusive property of Canyon Shop sign a division of Canyon Copy and print. The Images and/orlayouts Client Approval 0 0 contained herein may not be reproduced in whole or part. Any use of this art without written permission © from Canyon Sign Shop a division Canyon Copy and Print is strictly prohtblted.You do not have authorization to show this page, In whole ® or In part, to any person outside of your business or organization. Any attempt to reproduce, distribute or © 0 display this page in a public or private arena is strictly forbidden. Colors represented in this drawing are lot presentatlan purposes only. They may not match your finish product perfectly. Color call -outs we for a match as dose as possible, page 2 120" DEC 18 2018 ........................ Ae0.5" ES ! PLANNINGSERViCRACQUETCLUB CENTER ! 2 C�iT i-----51.25' + -ANY0 Q PRINT 6 SIGNS D�p gpTAA Ae 11.5 TENANT 3.29' nn TENANT_: �_ 64'L � I I ii.5 Rd he3U3RamCA92 Cathedral City CA 92234 1 5 72" I I 115 TENANT TENANT 39' I I 01 lebinferm.elen: RACQUETCLUB CENTER J (MONUMENT SIGN) 12.5 TENANT TENANT O I ! Dale: N.PALM CANYON Df{;:3' I i 12/10/18 t- 37'--1 Front view Right View Materials r 76.5" 6.4"RACQUETCLUB CENTER I ! !-- 16— TENANT L TENANT 5 _-- r t TENANT �I TENANT ColorCode PANTONE 663C O r^ TENANT TENANT PANTONE NEUTRAL N.PALM CANYON OR, I BLACK Rear View WHITE ' 117" Left View Revision Dates O O The artwork on this page Is the exclusive property orCanyon shop sign a division of Canyon Copy and PrInt.The Images and/or layouts contained herein may not be reproduced In whole or Any use of this CUent Approval ® © part art without written permission from Canyon Sign Shop a division Canyon Copy and Print is strictly proh bhed. You do not have authorization to show this page, In whole to ® O win part, any person outside of your buunen or organization. Any attempt to reproduce, distribute or display this page Ina publ c or private arena is strictlyforbidden. Colors represented in this drawing are for presontatlon purposes only They may not match your finish product perfectly Color call -outs are for a match as close as possible page 1 RECEIVED DEC 18 M8 pLANNING SERVICES flFpA DTAAFNT I4 Push Thru Letters CANYO Q PRINT & SIGNS 68303 Ramon Rd Cathedral City CA 92234 Push Thru Numbers lob lnformatlan: I RACOUETCLUB CENTER (MONUMENT SIGN) Aluminum box Data 12/10/18 I Materials Electrical WIres r Routerletters LED Module listed disconnect switch - connected inside monument sign Access Panel ` Push Thr r Letters Ra wer Supply Mounted Behind ll color Cade PANTONE 663C PANTONE BLACK C 1/4 mounting screws I WHITE w/ shields Revision Dates The artwork on this page is the exclusive property of Canyon Shop sign a divisionof Canyon Copy and Print. The Images and/or layouts O gientApproval 0 contained herein may not be reproduced In whale or part. Any use of this art without written permission © from Carryon Sign Shop a division Canyon Copy and Print is strictly prohibited. You do not have authorization to show this page, in whole © or In part, to any person outside of your business or orgmintlon. Any attempt to reproduce, distribute or © 0 display this page Ina public or private arena is strictly forbidden. Coforsrepresented in this drawing am for presentation purposes only.They may not match your finish product perfectly. Color call•outs are for a match as close as possible. I page 3 EXHIBIT "D" CONTRACTORNENDOR AGREEMENT - PROPOSAL - ESTIMATE SEE NEXT PAGE PO Number Per approved design layout, remove and replace current monument signs. Monumnet sign to inculde ush through address and Monument signs name. Tenant names to be 2 $8,950.00 V $17,900.00 aluminum faces routed out with tenant names. colors grey and whtie wtih black lettering. Fabricated and insta permits permits to be covered by MD Replace vinyl overlay faces on building sign- NO building sign, black day night vinyl 1 $0.00 $0.00 CHARGE and pms color code pink for logo and underline •.. $0.00$0.00 •t��' ' W, -2115-IM _ $17,900.00 r�� 5 r d»a ........" 3_ �— Signs-50% deposit required at time of design approval to begin fabrication, remaining balance is due at time of install. unless terms have been agreed upon. Print -Balance is due at time of delivery or pick up unless terms have been agreed upon` A 10% late fee will be applied to all overdue invoices €WREN �' 5749 McLean Company Leasing Trust Account 2500 N Palm Canyon Drive Ste. B, JPMORGAN CHASE BANK, N.,.. Date: 05/16/2019 Palm Springs, CA 92262 499 S. Palm Canyon Drive Palm Springs, CA 92262 Pay to the CANYON COPY AND PRINT order of: This amount:.... NINE THOUSAND, NINE HUNDRED FIVE AND 50/100 DOLLARS 4EMO Canyon Copy and Print 68303 Ramon Road Suite E Cathedral City, CA 92234 III 5749111 1:3 2 2 27 L6 2?1: 66SSS9S9 211' Date: 05/16/2019 Check #5749 Account: Leasing Trust Account Pay to: Canyon Copy and Print Property Racquetclub Center - 2500 North Palm ... Racquetclub Center - 2500 North Palm ... Date: 05/16/2019 Check #5749 Pay to: Canyon Copy and Print FProperty Unit Reference • Description Monument final 50% balance.. D1+D4 Removal of Palm Furniture b... Account: Leasing Trust Account Racquetclub Center- 2500 North Palm ... Racquetclub Center - 2500 North Palm ... Unit Referen---FDescription Monument final 50% balance.. D1+D4 Removal of Palm Furniture b... $9,905.50 E Amount 9,755.50 150.00 9,905.50 Amount 9,755.50 150.00 9,905.50 574S 574S CONTRACT ABSTRACT Col ntract Company Name Company Contact Summary of Services Contract Price McLean Company Michael McLean Fagade Improvement Grant Agreement $5,000.00 Funding Source: Economic Incentive Focus—1400-65253 Contract Term: N/A Recording Requested: n/a Contract Administration Lead Department: Contract Administrator: Community & Economic Development Jay Virata, Director Contract Approvals Council Approval Date Agenda Item No./ Resolution No Agreement No: Contract Compliance Exhibits: Signatures: Insurance: Bonds July 2018 - Business Retention Council Subcommittee n/a A '92 q 5r N/A Obtained applicants N/A N/A Contract prepared by: Cathy Van Horn Submitted on: July 11, 2019 By: Cathy Van Horn