HomeMy WebLinkAboutA7083 - DESERT HILLS HOTEL - FACADE IMPROVEMENT GRANT i'
o� eALM sp City of Palm Springs
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tic Community and Economic Development Department
u 3200 E.Tahquitz Canyon Way,Palm Springs,California 62262
* TEL(760)323-8259•FAX(760)322-8325•TDD(760)864-9527
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* C *•°`"`•° p* Community Successor Agency•Community Development Block Grant
q�1 Fp RNA Downtown Development•Economic Development•Housing•Public Art
April 17, 2019
RE: Fagade Improvement Agreement
Desert Hills Hotel—601 W.Arenas Road
The Applicant has not started work on the project, but would like to begin work after May 1, 2019. The
Fagade Agreement ensures the Applicant is approved for the grant reimbursement.
The (before) pictures in the file show the areas to be improved. The scope of work,as approved by the
Planning Department, includes: repair/maintenance work on the east elevation of the San Jacinto Drive
frontage wall, re-application of stucco to the affected area and paint to match the color of the existing
wall; minor landscape alternations in the platting beds located on the San Jacinto Drive frontage;
landscape lighting fixtures shall conform to the outdoor lighting standards.
After the project is completed,the application will submit pictures of the completed work and proof of
payment. Staff conducts a site visit to verify the work is completed and also takes pictures. All other
required documentation is in the file.
The grant reimbursement payment is not issued until all work is completed, proof of payment is
submitted,and the business must be open to consumers.
If you have any questions please contact Cathy Van Horn, Economic Development Administrator,
760-323-1875.
Thank you!
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 5th day of March, 2019 by and between the City of Palm Springs, Community &
Economic Development ("City"), and Desert Hills, 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 601 W Arenas Drive,
Palm Springs, ("Property"), otherwise known as Desert Hills Hotel (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 $4,922.50 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 $9,845.00 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 $4,922.50 and Owner
agrees to undertake the approved improvements, under the following terms and
conditions:
ORIGINAL BID
AND/OR"AGREEMENT
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", Contractor/Vendor
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
$4,922.60 The estimated cost of the work proposed is $9,845.00, 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 ( 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: Desert Hills, LLC
601 W Arenas Road
Palm Springs, CA 92262
Attn: Angela Whitlatch
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
m
the City for this program:
4
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
«City,1
City of Palm Springs
Date: By:
Jay it a, Director
Com nity & Economic Development
de
Date: 201 By:
David H. Ready, Esq., .
City Manager
A ST h �
. ,APPROVED Rv r;lr�MANAGER
Clerk
"OWNER"
Date: �//- /G] By
Angela Whitlatch, General Manager
Date:
5
EXHIBIT "A"
MAP
Desert Hills Hotel
601 W Arenas Road
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EXHIBIT "B"
SCOPE OF WORK
Repair, repaint exterior stucco walls.
Improve landscaping in parking lot area (front) including island
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
SEE NEXT PAGE
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CITY OF PALM SPRINGS
w Department of Planning Servi es CfrfOFPALM.SPRINGS'CAUFORNlAPIAt1�RN3DEP�Ri11BR
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3200 E.Tahquitz Canyon Way, Palm S rings, CA 92262STAFF APPROVAL z 2 6 yob
"TWO . Tel 760-323-8245-FAX 760-322-8360 Staff Signature N K DO
Case 7. 3?22 17MrdhConditfart+asbolixt
For Staff Use Only 3, 3722 L 4 ss 3 sT-'G
Case Number:
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In-Take Planner: Nk /L� .
Date: �i.to vwk-t i4► -
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MINOR ARCHITECTURAL APPLICATION MAA (sawsdu
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TO THE APPLICANT: Please fill out the information requested below.Attach any signed authorization letters, drawings,fflt 0, ,
color&material boards, photographs,cut sheets and/or any other materials necessary to describe the proposed projec�
PROJECT SITE INFORMATION: Class f sue` 4�.u °/
fq ro i r oZAK/
Project Address: LO vv , y e V1 Pei APN:J5-13 023 S °
(Numberane Street Nana) c (9dgAAsseaorPacel Number.O.O-0m0-000)
Project Name: (Name of Condo or HOA)
Zone: Z General Plan: [-i Section/Township/Range,: / / Lot Area:23 6 ?)5
Description of Project:
C0J6rcc ErS ( �?.Si ♦C Sze /f-(-��c t
2 vi G Go rl Vic 0slaki-2-152
Sq. Footage-ExIsting Buildings: Sq, Footage-Proposed New Qfany): ;
Property Owner Information:
Property Owner's Name: S A�&t�S
Property'Owner's Signature: I
Property Owner's Mailing Address: &01 W . / I 4 A //V(
mbererMStreet Name orP.O.Boc)
(CM (Slate) R+P)
Property Owner's Phone#: /oo— ,3 R5 2 .7-7 7 / I FAX:
Property Owner's Email: ,/Vlci �� �a�c1�SCf'T Yl �1S - 0/1
Project Manager, Contractor,Owner's Representative:
Company/Agent's Name: 17 y I r �4
(Please OWN EO AOENT(EiamPle:CONTRACTOR) :-j LESSEE(TENPNT)
Agent's Signature:
(Plea.Pd d Name erd Sign)
Agent's Mailing Address: 6 o1 V"/, -
(NumberemeSVee Name P.O.Be.)
�v� C. o `72z�z
(Can (Stet.) 2P)
Agent's Owner's Phone#: D- 3 2-57- 2 f FAX:
Agent's Owner's Email: AA gri /4 — �5
- -(Plea.uNinue t.mart Pag.)
REQUIRED MATERIALS TO BE SUBMITTED FOR A MINOR ARCHITECTURAL APPLICATION:
T -atds,.ace.�aecess or your ao�h,cat�on to be evaluated Unless otherwise Indicated do
n moue hese xhf is s o =ooa 9 - ll�;re_qurt`ed diagrams.must be neatly_.drawn and dlrriensioned
in luding a nortll'� ara e�project address:. Ue this list to assemble.your application materials. .
TLE SUBMITTAL- -.....AY.DELAY PROCESSING.QF YOUR APPLICATION,. ,
Appii a
us
-•-a:Copnplete tb Minor Architectural Awlication Form: (attached to:this instruction packet)
171 Authorization Letter-or.Contract signed by Homeowners Association or Owner If
N( proje.ct'is within a:condo orrHOA., or if application is being completed by owners' agent.)
❑ [r]' A Detailed Site Plan and Floor Plans: These exhibits musttie submitted for additions,
and the project's street address. Site plans are usually submitted at 24"x 36 to a
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landscaping; walls,_pools;_and mechanical equipment. (Please consult with a planner.)
The site plan should include the following information:
All .property. boundaries And :distance to centerline of abutting street .(obtain from
Public Works Department)
■ All walls, sidewalks, driveways, gates; parking areas, landscaping, etc.. -
■ (Differentiate existing from new work by-differing line weights or by notation).
❑ �] Elevations: Elevation drawing (showing front, back and sides) should be included for any
N!A • project involving changes to the exterior of a structure; and to show proposed walls, fences;
gates and/or mechanical screening Include notes.to describe colors, materials, dimensions
- - (including height) and any other relevant information _
Color and Material Exhibits: Provide swatches of actual paint colors proposed and cut
N(h sheets or small samples of materials where appropriate. Photographs of existing materials
cb(av t-•� that.will be matched is.encouraged..Where a;full color/material board is required, the board
should be no larger than 8-112"x 11
cof. sue_fi Rfr� fro
❑ ❑ Existing Site Photogra )hs:- One (1) set of photographs showing existing conditions at the
proposed project and adjacent surroundings, structures, landscaping, walls, etc.
❑ [v]� Payment of Application
TIME LIMIT FOR DEVELOPMENT. Planning approvals given on Minor Architectural Applications-.(MANs) are.valid
for two (2) years from the"Effective Date that the approval is made (see definition of Effective Date below). After
Planning approvals are granted, applicants_must apply for building permits through the City Department of Building and
Safety. If building permits are not pulled or the construction initiated within two (2) years of the Effective Approval
Date,the planning approval expires.
EFFECTIVE DATE. A Minor Architectural Application-approval--becomes-°effective" after an elapsed period of fifteen
0 5)days,from,the date of the.decision by the.Planning Staff, Planning Commission or City Council. Any project for .
Which a building permit application is made or a building permit is issued prior to the Effective Date of the Planning
approval,are deemed to be made"at the risk"-of the applicant such that an appeal could modify or overrule the subject
approval.
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Revised 06/19/17 GM:da
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CITY OF PALM SPRINGS,CALIFORNIA PLANNING DEPARTMENT
STAFF APPROVAL
1E. ° SIZE tvK Date 2 26 z-m ,
Staff Signature
Case# 3.372y ❑with Conditions as follows:
1 gal. Glass 3 f� Lca�
5-15 gal.variety
aid col of LK-riud-v�e-�1.
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5 gal.
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PROPOSED PLANT LIST
BOTANICAL NAME COMMON NAME SIZE
7
Verbena canadensis Purple verbena 1 gal.
9 UQ
Ferocactus
Barrel cactus 5-15 gal.variety
4 Pachycereus marginatus Mexican fence post cactus
5 gal.
4
Fouquieria splendens Ocotillo green leaf 5 gal.
1
Euphorbia tirucalli Sticks of fire 5 gal.
5 Hesperaloe parviflora
Red yucca 5 gal.
7 Boulder variety 12" to 24"
Berm area (low)
PALM SPRINGS CONSTRUCTION - VICTOR SIFUENTES Feba
(760) 902-2029 LIC#867619
EXHIBIT "D"
CONTRACTORNENDOR
AGREEMENT - PROPOSAL - ESTIMATE
SEE NEXT PAGE
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From: Eddie Ipina eddieipina@icloud.com (f
Subject: Oe97e81 a-bac5-4aad-9168-68ce69c6d447-1.pdf 111
Date: January 5,2019 at 12:47 PM
To: manage@desert-hills.com
21
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Esfiimate
Fibn Owriest 0O1 Deter:HtiIL Hotel 63t1t'riate No 23
601K arefaa.1761,11 Wirings Co. Date: 01105(2019
D= Quantity Date Amount
Rtzpmir all SlucCo eruat viva wa°erproof?ag where nodded.Will cvpfy ezevr coat of.tutta wtv wall.W:v 1 54;15t�.0fl $�t,ISJt�
pain?V011 eeOdited to Matti t txitlihy tK>➢aCe&I+i M supply all Materials and labor to eamplete ti+wk
€hdiwled ahtt+-Ail debris lydrn 4vork will be tilaced o c3iirnp§ter pravided'at Hotel.
SablWal $4.150_C'D
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Terms and Conditions
Payrcp-nti ar balances We due vMh-kt st-VEA ddus of billing imicke ddt:.