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HomeMy WebLinkAboutA8336 - ZARA LLC 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 Raphael Benomar, Zara LLC ("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 300-304 N Palm Canyon -Drive, Palm Springs, ("Property"), otherwise known as Windermere Homes & Estates (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 $5,000.00 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 of the work proposed is $10,094.00, 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 $5,000.00 and Owner agrees to undertake the approved improvements, under the following terms and conditions: 1 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 $5,000.00 The estimated cost of the work proposed is $10,094.00 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 ( %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 t To City: City of Palm Springs City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Owner: Zara LLC Raphael Benomar P.O. Box 1226, Palm Springs, CA 92263 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„ City of Palm Springs Date: `� By: Jay it ric to Comm nonomic Development Date: David H. Ready, Esq.,PRO,"- City Manager "OWNER" Date: 08/28/2019 By : Raphael Benomar, Owner Date: APPROVED BY CRY MAMGER A$�36 �S.IID_D_ F ' EXHIBIT "A" MAP 300-304 N Palm Canyon Drive e Qdonnell,Golf Club - - a T C V E a z O v LI.The Tropiole 300 N Palm Canyon Dr, E Amado Rd Palm Springs,CA 92262 HyattPalm,V " Palm Springs Sp ings Past Office z �,'PI:The Sandwich Spot west elm•.M. AguaCaliente N BcIardo"R+ IAndreas Hotel&Spa P E Andreas Rd O . 6 EXHIBIT "B" SCOPE OF WORK Repaint building white with dark trim 7 EXHIBIT "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) SEE NEXT PAGE 8 PAIM Sp CITY OF PALM SPRIN CITY OF PALM SPRINGS,CALIFORNrA PLANNING DEPARTMBVr Department of Planning Servic" s STAFF APPROVAL •..,ram, 3200 E.Tahqultz Canyon Way,Palm Spri gs,CA 92262 c�irFo4� Tel 760-323-8245-FAX 760-322-8360 Blalf Signature M-Date. 1 Caso# ❑Wth Can MM an t ftC For Staff Use Only Case Number. ` In Take Planner: JcL61 wt Date: MINOR ARCHITECTURAL APPLICATION (MAN TO THE APPLICANT: Please fill out the information requested below.Attach any signed authorization letters,drawings, color&material boards,photographs,cut sheets and/or any other materials necessary to describe the proposed project. PROJECT SITE INFORMATION: t Project Address:,' APN: 51�MM iMnc�rtlWrN,MI aOPAp P-ul N-W MUM= Project Name: (Name of condo or HOA) f'SP�1 el,� S Zone: C�3 General Plan: 0 Section/Township/Range: l l Lot Area: ; Description of.Project: =j-l..Nr C Sq.Footage—Existing Buildings: 3 F;n O Sq,Footage—Proposed New or any); t Property Owner Information: i Property Owner's Name: i ! Property Owner's Signature: _ ll Property Owner's Mailing Address: 10 Property Owner's Phone#: 1� o t -T FAX: Property Ownees Email: Project Manager,Contractor,Owner's ,Representative: Company/Agent's Name: P t ` I-*.!t Pr.IAA 1N .'UNYEASAJTNCRU£OFOENT(F,& n CON(RACIOR, tEssE£ITE.NANTI Agent's Signature: r IPew.G•nl Nm N.E 5g11 �� � Agent's Mailing Address: twm.r.d svr Naiv a P.o.5c.1 __ tpJ aw L'u Agent's Owner's Phone#: S A FAX: Agent's Owner's Email: P R O P O S E D C O L O U R ` Nl PROJECT RAPHAEL'S , - 17 SALON b � CoIour0f Exterior I www.fiverr.com/users/shahz_bureau/seller_dashboard# ! P R O P O S E D C O LOUR V . T,. PROJECT RAPHAEL'S SALON COiour0f Exterior MC1 IA as _ �lA 1 1 www,fiverr.com/users/shahz_bureau/seIIer_dashboard# P R O P O S E D C O LOUR IPROJECT I 1 RAPHAEL'S SALON C o I o u r 0 f Exterior a PROJECT RAPh,AEL S SA.Ci\ www.fiverr.com/users/shahz_bureau/seller dashboard#. . �I I. Exterior www.fiverr.com/users/shahz_bureau/seller_dashboardi�l , EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT - PROPOSAL - ESTIMATE SEE NEXT PAGE 9 Casa Trading = 14600 Goldenwest Blvd, Suite A202 Westminster, Ca 92683 DATE: July 28,2019 Tel: 424-249-8707 BILL TO: FOR: 300-304 Zara LLC 102 E Amado Rd, Palm Springs Ca 92262 760-424-9303 STUD10102CaD-MSN.COM DESCRIPTION AMOUNT Building Repaint with Trim Color 1.00 5458.00 $ 5,458.00 . Remove and Replace Trim and Flashing to Match 1.00 995.00 995.00 Stucco R& R to existing Texture 1.00 2598.00 2,598.00 Material and Supplies 1.00 1043.00 1,0431.60 Make Check Payable to CT c/o Michel Benamar Thank you for your Business SUBTOTAL $ 10,094.00 TAX RATE SALES TAX If you have any question about this invoice please contact OTHER Michel Benamar at 424-249-8707, Casatrading@gmail.com TOTAL $ 10,094.00 THANK YOU FOR YOUR BUSINESS!