HomeMy WebLinkAbout24F224 - Williams PropertiesDocusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Facade Improvment Reimbursement Grant
Company Name:
Willams Properties
Company Contact:
Kenneth Williams
Email:
wmsprop@gmail.com
Summary of Services:
New retail store double paned front glass and frames to include
doors at 391-393 N. Indian Canyon Drive.
Contract Price:
$7,500.00
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Authorized Signers:
Name, Email Kenneth Williams: wmsprop@gmail.com
(Corporations require 2 signatures)
Contract Administration
Lead Department: Economic Development Department
Contract Administrator/ Ext: Dean Grubl ext 8346
Contract Approvals
Council/City Manager Approval Date: N/A
Agreement Number: 24F224
Amendment Number: N/A
Contract Compliance
Exhibits: Yes
Insurance: N/A
Business License: Yes
Sole Source
Sole Source No
Documents:
Routed By: Procurement
Bonds: N/A
Co-op
CoOp Agmt #:
CoOp Name:
CoOp Pricing:
Submitted on: 09 September 2024 By: Dean Grubl
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
PALM SPRINGS ECONOMIC DEVELOPMENT DEPARTMENT
FACADE IMPROVEMENT GRANT AGREEMENT
Agreement No. 24F224
FACADE IMPROVEMENT GRANT AGREEMENT
(OWNER)
THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered
into this 12 day of September 2024 by and between the City of Palm Springs, Economic
Development Department ("City"), and Williams Properties ("Owner"). The City and
Owner are sometimes individually referred to as "Party" and collectively as the "Parties" in
this Agreement.
RECITALS
A. City has established a Facade Improvement Program (the "Program") for
businesses in the City of Palm Springs.
B. Owner is the owner of real property located at 391-393 N Indian Canyon Drive,
Palm Springs, California ("Property"), otherwise known as Nugent's Interiors &
Upholstery (Business), as depicted in Exhibit "A" attached hereto and
incorporated herein by reference.
C. The City shall provide a grant not to exceed $7,500 with a match contribution from
the applicant. The grant shall be at most 50% of the amount of the actual
approved expenditure for the improvements described in Exhibit "D",
ContractorNendor Agreements, attached hereto and incorporated herein by
reference, up to the $7,500 cap (the "Grant").
D. Owner has applied for a Grant in the amount of $7,500.00 to make eligible exterior
improvements to the Property as described in Exhibit "B," Scope of Work, attached
hereto and incorporated herein by reference (the "Improvements").
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,
attached hereto and incorporated herein by reference. The estimated cost of the
work proposed is $16,100.00 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 attached hereto as Exhibit "E" and incorporated herein by
reference.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, City agrees to grant to Owner the amount of $7.500.00 and Owner
agrees to undertake the approved Improvements, under the following terms and
conditions:
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
AGREEMENT
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
Agreement creates no agency relationship between Owner and City.
3. No Conflict of Interest. Owner, by accepting this Grant, affirms that Owner, its
officers, agents, or employees neither are employed by the City nor does Owner,
its officers, agents, 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 Improvements shall be completed within 90
days of the Effective Date of this Agreement.
5. Effective Date. The Effective Date of this Agreement shall be the latest date set
forth in the signature lines below.
6. Contractor. The Parties agree that Owner has sole responsibility for choosing
and hiring the contractor(s) and/or vendor(s) to fulfil Owner's obligations under this
Agreement, which shall be shown in Exhibit "D", and the acceptance of the
material used, and the work performed under this Agreement. The Parties agree
that the City is not a party to any agreement(s) between the Owner and any vendor
or contractor, does not guarantee the quality of workmanship of the Improvements,
and does not have any liability whatsoever therefor. At all times hereunder,
contractors or vendors performing work for and/or providing materials to Owner to
facilitate the completion of the Improvements shall have a valid City of Palm
Springs Business License.
7. 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
compliance with those permits.
8. Grant Limitations. The maximum City matching grant shall not exceed
$7,500.00. The estimated cost of the work proposed is $16,100.00, as shown in
Exhibit "D".
9. Evidence of Completion and Open for Business. The Parties agree that the
City will release the Grant funds upon the completion of the Improvements by the
Owner or its contractor based on the submittal of acceptable evidence of the work
performed. Evidence of completion shall include but is not limited to: before and
after photographs of the finished Improvements; 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 all contractors and vendors in the form of
2
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
either cancelled checks or credit card statements showing all transactions with the
contractor(s) and/or vendor(s) and such other evidence as required by the City. A
majority of businesses on the Property must be open to consumers, and the
Property must be free of building code violations and tax liens.
10. Release of Liens. The Parties Agree that the Owner is solely responsible for
obtaining the release of any Mechanics Liens or other liens placed upon Owner's
property by any contractor or subcontractor hired under in connection with the
improvements.
11. Maintenance. 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 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
12. 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 Owner 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 Owner 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.
13. 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
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
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.
14. 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.
To City: City of Palm Springs
City Manager/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner: Williams Properties
4511 E Sunny Dunes Rd #B
Palm Springs, California 92264
Attn.: Kenneth Williams
15. Integrated Agreement. This Agreement and its Exhibits represents the entire
understanding of the Parties and supersedes all negotiations or previous
agreements, understanding or representations, oral or written, between the Parties
with respect to all or any part of the subject matter hereof. The Agreement cannot
be amended or modified except by mutual written agreement of the Parties.
16. Amendment. This Agreement may be amended at any time by the mutual
consent of the Parties by an instrument in writing.
17. 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 void or affect the validity of
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.
18. Indemnification. To the fullest extent permitted by law, Owner shall indemnify,
hold harmless, and defend the City, the City Council, its officers, agents,
employees, contractors, subcontractors and volunteers from any and all liability or
claims for loss, damage, or injury to property or persons, including wrongful death,
in any manner arising out of or incident to any act or omission of the City, its
officials, officers, agents, employees, contractors, subcontractors and volunteers
related to or in any way connected with Owner's participation in the Program.
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
19. 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 the Improvements.
61
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS
AND WILLIAMS PROPERTIES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
OWNER:
DocuSigned by:/ I1
y fi615FQR87C1 rAF9 y _
Signature
9/11/2024
Date: Date:
CITY OF PALM SPRINGS:
APPROVED AS TO FORM:
DocuSigned by:
By:
City Attorney
APPROVED:
Signature
(2nd signature required for Corporations)
ATTEST:
DocuSigned by:
By: t3v� Ala Pvu,
I y lerk
DocuSigned by:
Y�
B Wayne Olson Date: 9/11/2024
City Manager — over $50,000
Deputy/Assistant City Manager — up to $50,000
Director — up to $25,000
Manager — up to $5,000
0
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
EXHIBIT "A"
MAP
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
EXHIBIT "B"
SCOPE OF WORK
New Retail Store Front Double Paned Glass and Frames to include new doors
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Replacing Windows does not need approval.
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
EXHIBIT "D"
CONTRACTOR/VENDOR
AGREEMENT - PROPOSAL - ESTIMATE
SEE NEXT PAGE
10
Andres Quintero
Exceeding All Your Glass & Door Needs
To: Williams Properties
391 N Indian Canyon dr
Palm Springs, CA 92263
760-413-4376
Salesperson Job
Andy Quintero UNIT 391-393
Qty Description
Units 391 & 393
2.00 40 x 112 x 155 x 96
Clear Anodized Aluminum Storefront Opening
Standard Doors 40 x 84
Transom glass above doors
105 degree Hold Open Closers
Push And Pull C Handles
New Thresholds
Clear Low E Tempered Glass where required
4 Large Jumbo Pieces of glass (NoWarranty)
***** Will Keep existing look with upgraded double pane
low a glass tempered and newer style storefront
2.00 Demo Existing
***Will be 1 Left hand Opening & 1 Right Hand
Openings***
***Price Includes Materials & Installation
Quotation prepared by: _Andy Quintero
To accept this quotation, sign here and return:
INVOICE
Date: August 8th 2024
Invoice #: AQG848
Customer ID: WMS01
Expiration Date: August 30th 2024
From: Andres Quintero
13648 Pinnacle Cir.
Desert Hot Springs, CA 92240
Payment Terms Lead Time
12k Deposit required
3-4 Weeks
balance on completion
Unit Price Line Total
$16,100.00
Subtotal
Sales Tax
Total $ 16,100.00
760-601-2908 AQGlass760agmail.com
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
12
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
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Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
EXHIBIT "E"
APPROVED PROGRAM APPLICATION
SEE NEXT PAGE
14
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
1=ar.a.de Improvement Program
APPLICATION FORM
rq(OFO9
APPLICANT
Business Name: I Nugent s Interiors $ Upholstery
Business Address: 1391-393 N Indian Canyon Drive, Palm Springs, CA 92262
Applicant's Marne: I Kenneth Williams (Williams Properties)
Address: 14511 E. Sunny Dunes Rd #€B
Phone: 1760-413-4376
Email: I wmsprop@gmail.com
PROJECT C)ESCR1PTION
Description of Requested improvements:
New retail store front glass and
frames to include new doors. All
to be double paned. 391 & 393
N Indian Canyon Drive.
Estimated Cost: $16,100.00
Is this your estimated cost, or have you
obtained a bid or estimate from an
architect or contractor?
self X contractor architect
(Please provide a copy of estimate If
available)
5
"f I2Q2
Please note that the maximum matching
grant shall not exceed $7,500. The grant
increases on a dollar for dollar basis up to
the $7,500 cap. Example: if the applicant's
facade improvement cost is $15,000 the
City will pay the match grant of $1,500. If
the total improvement cost is $5,000 the
City will pay a match grant of $2,500.
Amount applying for: S $7,500.00
15
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
FACADE IMPROVEMENT PROGRAM
APPLICATION FORM
PAGE 2
PROPERTY INFORMATION
FOR OWNER OCCUPANTS
i hereby certify that I am the owner of my
business property. The property is
vested (owned) under the following name:
Prop" Owner Legal flame:
DEW Prop LLC
Contact Information:
Ken Williams
760-325-1641
Assessors Parcel Number:
513-061-007
FOR TENANTILESSEES
I am a tenantliessee of the space for which
I am applying for a Facade Improvement
Grant. The owner of the property is:
Contact information for the property
owner:
Remaining years on lease term:
Assessors Parcel Number:
PROGRAM BOUNDARIES
Commercial Businesses located throughout the City of Palm Springs.
6
/)/7022
16
Docusign Envelope ID: 5D922ACl-076D-4C19-9B68-8E9BC938C926
FACADE IMPROVEMENT PROGRAM
APPLICATION CHECKLIST
All applicants must provide:
Application (Completed and Signed by Applicant)
Completed W-9
If incorporated, evidence that applicant has authorization to apply for program
Verification of Property Ownership, if owner (Title or Deed of Trust)
Evidence of Tenant's (tight to Make Improvements, if tenant or lessee (Signed)
Description of Scope of Work, before and after pictures, (digital preferred)
Estimate or Bid, if available
Copy of Valid Palm Springs Business License (Applicant)
Copy of Valid Palm Springs Business License (Contractor hired to perform work)
No assistance may be provided for any contract awarded before the application is approved.
Orce the application is approved lyy the City, the applicant must provide the following
If applicable, evidence of required permit approvals from the City of Palm Springs Building and
Safety, Planning andlor Engineering Departments.
hereby declare that the. foregoing information is true and correct to the best of my knowledge.
authorize the City of Palm Springs to verity the information to determine my eligibility and to conduct an
inspection of my property. I understand that as the applicant I wU1 hire the contractor and am
responsible for obtaining design approvals. I understand that the program provides that the City will
reimburse the applicant for work performed. based on submittal of evidence of work performed anti
paid, and that the C ,y�will not pay contractors or vendors directly.
Applicant Signature Data
Emait, mail or deliver completed application with copies of required documents to'.
Dean Grubl
City of Palm Springs
Office of Economic Development
3200 E. Tahqu'rtz Canyon Way, Palm Springs, CA 92262
email to dean.orubl�na oalmspringsca.gov
IF EMAXING PLEASE LABEL SUBJECT LINE., FAPADF PROGRAM -BUSINESS NAME -APPLICANT
LAST NAME
Mail to: P.O. Box 2743, Palm Springs CA 92263
Any questions please call. 760-322-8346
7
78?1.0.W
17
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
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License Number ICA-007232-2024
Company Name DEW PROPERTIES LLC
Applied Uate 08i 21 i2024
LicenseType In -City Application
Period Start Date 08/27l2024
Expiration Date 08/31l2025
License Status Issued
Address 4511 E SUNNY DUNES RD Unit: #B PALM SPRINGS CA 92264
Companyiypt Limited Liability Company
Industry Classification REAL ESTAT€
Business Status Active
Description kEAL ESTATE
Main Parcel
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18
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
..W-9
Request for Taxpayer
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(Glitv. Marcit'N24)
Identification Number and Certification
requester. Do not
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General Instructions
Sert,on refarahce3 are to the Intemal Rrvwr�oe Code un!rss Othetwise
�urted.
Future devetoprnents. For the idlest ir4ormetterl about developments,
related to Form W-9 tilt 1s instructions, such as legisat;on erar..tad
at',,9rth,ey wore puW 0�hed, go to WbA,.:vs.gcq;FWriV19
New line 3b ha- been added to this form. A .tourC+uougn entity r9
required to CcXnplete r*.is Iwo to indicate that it hqs direct at ndltect
foregn partners, omiers. of benehcianes where it prawrdes V%a Farm 4V-9
to another sow-t veuglu ent ty in which ,t nas ar ow wts!^ D utesL l sus
thanyte is = tended to provide a flow -through entity witvi informa*ion
regarding the status of it-, imdlrektn, toreign partners, owners. or
benefxianes, sit that d tan satis'y any apdicablo reporting
requirements- For exan*e. a DaMershlp teak was any Indirect rc *tan
What's New partnrtr, may ne required W erarnplese SO-C!d.les K•2 and K-3. See trio
Partr cm n UE"-L•uctions fef Schedules K-2 and K•a {Form, 1065;_
Lina 3a has baton xiewdped to clarity hoe' a disregarded enlity carnpletes
tt+ra line. An LLI: the! ins a disrmgarded edily should aheci, the purpose of Form
appropn'ato box for Lhe tax or its owner Oiherviin% o
should C-*Ck the `LLC" box and entry' its axrriroprwo tax a:lasif>catiah. An lrvidual or eriity rficfrh W-9 requeeletl who :5 required to file an
information return with the IFIS a giving you this form bacawte p+ey
U. No 102317c P.- W-10 ii0ev. 3.2W11
19
Docusign Envelope ID: 5D922AC1-076D-4C19-9B68-8E9BC938C926
RECORDING REQUESTED BY:
Cosgrove, Cosgrove & Humphrey
WHEN RECORDED MAIL. TOE
Ronald 0. & Rebecca K, Wil1iams
Donald E, & Cynthia D. Williams
4611 E. Sunny Dunes Rd., Ste. B
Palm Springs, CA 92264
2021-0494116
e8/18/2021 11:10 An Fee: $ 102 00
Page 1 of 2
Recorded in Official Record.
County of RiverAlds
Peter Aldans
Assessor -County`` Clerk -Recorder
t
MAIL TAX STATEMENTS TO The undersigned grantor(s) declaro(s)
Ronald O. & Rebecca K Williams DOCUMENTARY TRANSFER TAX $ -0-
Donald E, & Cynthia D. Williams X Computed on the consideration or value of
4511 E. Sunny Dunes Rd„ Ste. B property conveyed; or
Palm Springs, CA 92264 Computed or, the Consideration or value less
liens ar encumbrances remaining at time of sale
APN, 513-081-007
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
DONALD E. WILLIAMS, JR., a married man as his sore and separate property, as to an undivided one-
haf interest and RONALD 0. WILLIAMS, a married rran as his sole and separate property, as to an
un&vrded one-half interest, as tenants In common, as to an undivided one-third (113) interest,
hereby GRANT(S) to DEW Properties, LLC, a Califomia limited liability company, as to an undivided one-
third (113)interest,
the real property in the County of Riverside, State of California, described as
That portion of Lot Five (5) in Block Twenty -font (24) of Palm Springs, as shown by Map on Rein
the office of the County Recorder of the County of San Diego, State of Califwlia, ill Suv$c 9 of -
Maps. at Page 432 thereof, by metes and bounds, beginning at the Northeast corner of said Lot 5;
thence South on the East line of sand Lot 5, 100 feet to a point 50 feet North of the Southeast
Cotner of said Lot; thence West, paratlel with and distant 50 feet North from the South line of said
Lot, 145 feet; thence at a right angle North, 100 feet to the North line of said Lot; thence East on
the North Gne of said Lot, 145 feet to the point of beginning.
Dated L ".,........ .n
MAIL TAX STATEMENTS AS DIRECTED AEOVE
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