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HomeMy WebLinkAboutA7083 - DESERT HILLS HOTEL - FACADE IMPROVEMENT GRANT i' o� eALM sp City of Palm Springs O. 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 ti ,• * 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 IR r paPts �t; mption Rgvran Palm n 4 m y 5pn_.gs Hn2_ Sv" VJ Tahquttz Carw Way r Pa9m CtiAo ii�(k'� NVI -�IO t 4 r^. -r•' .;} a ' ,F 3 4 `� - ( {4 ,� 4afPFP 4. r �t 15, NINEt 1 L510D MW 6 , Lulu Calrfomia Bistro r �! {F G09 WAfenas Rcl Palm Spr1"gsf 4, Z -{ m Rests er n8 Art hA' ¢L e& r ura w realm 5pnngsl useu h s; F F a r MU 3 t„t£ ��Pabl Qf r �;: -..c, .,.�.—__�. woo, onw— UV`,3nta Rosa tkr e i twor 3L,.,._..� rt t i r i a a d €" SIS city MET WTVA 0_ t 1Lfr �m } i A y { �i .i P is •� yisJ t-Most to { 6 , 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 s pAIM CITY OF PALM SPRINGS w Department of Planning Servi es CfrfOFPALM.SPRINGS'CAUFORNlAPIAt1�RN3DEP�Ri11BR s ee.�nrr 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: a, tell In-Take Planner: Nk /L� . Date: �i.to vwk-t i4► - 2 M;�,,,,r(n�•o�s��li o�(Ycvt'CI�"hS i o fG`•L r MINOR ARCHITECTURAL APPLICATION MAA (sawsdu it"n-c-- 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 -- _ 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. i Revised 06/19/17 GM:da i :�.N hCMRI G� �Nt +�+.nw. a�r.A1R,R1ts+�r�r',r xTawl'Is . 6,j F - { I 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. )st cactus 5 gal. I? �� s as �c ti opv�vGTw•-R�Pi. d If 5 gal. I D . �) uqe-lt J�t�t�--F�x'Cw , �tx-�'��—��,t,fTaa'S¢�K,(a"�S(�s2G�13'ZI'o°) • 5 gal. 5 gal. I - 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 9 Dgwrt.HOW" 020 Are CredltTb lam t fcr l ndsc of ImC r 1c} LIven GDIde tf t b .ddermlnud-by what:jq.1n r a i}� r . t. a1 of rzifteenson* 'I°Uhg.of of pad w. it :a r r aud- ri:r�.ay.Arfic agate Ond. aia:E ta$) 01.0.Gravel : . ut Bpi PG aril rs fair� rzaP Mat fie, s.rg �: , ... _ a 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 ..-s'y.� -~ 'r.. '' -- �'(h rr� n� r , t-x r' n a h� � _ h�'i f• ^�i.. 6650 Gtanpda r1 to Desert Hitt 5pringt Ca 92240 750s�51i6f;7 I.e b040'A ye cain GwF&'fC.'�'CS7dLlkattEW Ii 48-921546 raouis L 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 T+Aai �4.1 Jit.J Terms and Conditions Payrcp-nti ar balances We due vMh-kt st-VEA ddus of billing imicke ddt:.