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HomeMy WebLinkAboutA8473 - SCOTT TIMBERLAKE, TIMBERLAKE HOLDINGS PALw 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 day of M&rz,�,.. 2020'by and between'the'City of Palm Springs, Community, &' Economic Development ("City"), and Scott Timberlake Timberlake Holdings ('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 700-750 E. Tahquitz Canyon Way, Palm Springs, ("Property"), otherwise known as Tahquitz Plaza (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 $5,600.00 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•ofthework proposed is $11,683.00 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. 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 L Property fight to Undertake Work. Owner represents,that• it is the Owner R" 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 acceptind jhis Grant, affirms'that,Owner; its.officers, or",e'rnployees neither are employed by the.City n'orrdoes Owner,,'' " its officers, or- employees 'serve on any, City , board or commission or otherwise have at 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", ContractorNendorAgreements, 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 wiW those permits, 7. Grant Limitations. The maximum City matching grant shall`not exceed $5,000:'• The estimated,cost of the work proposed is $11.683:00, as shown in Exhibit"U'. B. 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 :toy 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 mu sit'be,open to consumers. g he rrelea e foflany Mechanics Liens or other liens Ownerens. the Parties Agree that the y placed upon Owner's property b 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 responsime 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 'Harmiess,_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 parity 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: Scott Timberlake Timberlake Holdings Ltd. 600 E. Tahquitz Canyon Way, Suite 2 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. 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. «City5, City of Palm Springs Date: _ By: Jay Vir t , Director CommLIKity &Economic Development Date: D',J &S 116110 By: David H. R q:, PhD. City Manager APPROVED AS TO FORM APPROVED BY'CITY WMAGER ' Ug73 �,fi rnn g4TY�ATTO_NEY "OWN 7;j Date: ( / By : . Scott Timberlake Timberlake Holdings Ltd. Date: T[ST: ry Clerk 5