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HomeMy WebLinkAboutA8456 - DOUGLAS NELSON, GREAT SHAKES, LLC f " PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT FACADE IMPROVEMENT GRANT AGREEMENT FACADE IMPROVEMENT AGREEMENT (TENANT) THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 16 day'of Ste, 2020 by and between the City of Palm Springs, Community &. Economic Development ("City"), and Douglas Nelson, Great Shakes, LLC ("Tenant"). Collectively the City and Tenant 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. Tenant is the lessee of a real property and owner of a business located at 160 South Palm Canyon Drive, Suite A, Palm Springs,.("Property"), otherwise known as Great Shakes (business). C. The City shall provide a Grant not to exceed $5,000 with a match contribution from the applicant. The Grant shall be 506/6 of the amount of the actual, approved expenditure for the improvements described in Exhibit"D", up to the $5,000 cap. D. Tenant has applied for a Grant in the amount of $1,678.69 to make exterior improvements to the Property as described in Exhibit "B," Scope of Work. E. Tenant 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 $3,167.38, as shown in Exhibit "D". F. The City has reviewed the application, the evidence of financial participation by Tenant, 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 Tenant the amount of $1,578.69 and Tenant agrees to undertake the approved improvements, under the following terms and conditions: AGREEMENT 1. •'Property Tenant 'Right to Undertake,Work. Tenant represents .that it holds Tenancy in ;the -Property Which, entitles.,it to .undertake exterior physical improveme'nts;to the'Propeity: 2. No Agency.Relationship. Tenant 'understands and acknowledges that this grant, .creates no,agency relationship between Tenant and City. 3. No.Conflict of Interest. Tenant, by accepting this Grant, affirms that'Tenant, its officers, or employees are neither,employed by,-the City nor .does Tenant, ,.its officers, or employees serve on.,any,City board or commission or otherwise have a fiduciary duty to the City that-is aIconflict,of'interest, a potential conflict of interest, orcreatesthe 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 Tenant.has sole responsibility for choosing, and'' hiring the contractor/vendor, which shall be shown in Exhibit "U', ContractorNendorAgreements,"and the acceptance of the material used and the. work performed is the Tenant responsibility,., and the City is not a ,party to any agreement with the contractor or vendor and,does not guarantee the quality of workmanship of the property improvements, nor have any liability whatsoever therefor. At all times hereunder,'the Contractor or Vendor shall have a valid City of 'Palm Springs Business License. 6. 'Design Approval and Permits. The Parties ' agree that 'Tenant 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. . Girant-Limitations. The maximum City matching, grant shall not exceed. $%000:00. The estimated cost of the work proposed .is $31157.19, as,shown. in Exhibit."ID". 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 Tenant 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 copyof the final invoice'forthe,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 Tenant is responsible for obtaining the release of any Mechanics Liens or other"tieris ;placed upon Tenant's property 2 0 0 by any contractor or subcontractor hired under this program. 10. Maintenance. Tenant agrees and covenants that, after the City issues its Certificate of Completion, Tenant 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. Tenant 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. Tenant 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, Tenant 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, Tenant 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. Tenant 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. Tenant 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"). Tenant shall bear all risks of payment or non-payment of prevailing wages under California law, and Tenant 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. 3 � 0 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. To City: City of Palm Springs City'Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Tenant: Douglas Nelson Great Shakes, LLC 160 South Palm Canyon Drive, Suite A Palm Springs, CA 92262 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. Tenant shall indemnify and hold harmless, 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. Tenant certifies that the above statements are true and accurate to the best of Tenant'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 Q IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.- "city" City of Palm Springs Date: ' I lr By: Jay 'rat , Director Com u ity & Economic Development Date: 0 3 6 5 2b By: David H. Ready, Esq., P City Manager APP;30V ED BY CITY MANAGER s fl "TENANT" Date:1 By: 7`� Douglas Nelson Date: By: APPROVED AS TO FORM CI ATT RNA EY ty CI << 5