The URL can be used to link to this page

Home My WebLink AboutA6797 - DOUGLAS JONES FACADE AGREEMENT +.OE PALM S. iy c V N PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT c4411:0 %P FACADE IMPROVEMENT GRANT AGREEMENT FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 21 day of October, 2015 by and between the City of Palm Springs, Community & Economic Development ("City"), and Douglas Jones ("Owner"). Collectively the City and Owner are referred to as the Parties. RECITALS A. City has established an Exterior Property Owner/Tenant Improvement Grant program for businesses in the City of Palm Springs. B. Owner is the owner of a real property/business (awiir-ow) located at 1258 Montalvo Way, Palm Springs, ("Property'), otherwise known as multi-tenant industrial building (building or business). C. Grant Limitations. 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. Businesses located on the east side of north Palm Canyon Drive between Tahquitz Canyon Way and Amado Road qualifies for a non-dollar match grant up to $5,000. D. Owner has applied for a Grant in the amount of $5,000 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 $19,750.00, 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: ORIGINAL BID AND/OR AGREEMENT AGREEMENT 1. Property Ownership/Right to Undertake Work. Owner represents that it is the Owner of the Property or holds Tenancy in the Property which entitles it to undertake exterior physical improvements to the Property. 2. Schedule. The Parties agree that all exterior improvements shall be completed within 90 days of the date of this Agreement. 3. 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 Owner's 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. 4. 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. 5. Grant Limitations. The maximum City matching grant shall not exceed $5,000.00. The estimated cost of the work proposed is $19,750.00, as shown in Exhibit "D". 6. 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. 7. 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. 8. Maintenance. Owner agrees and covenants that, after the City issues its 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 City of Palm Springs Facade Improvement Program 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 9. Covenant Against Discrimination. Owner covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 10. 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 Owner: Douglas C. Jones 899 Tamarisk Road Palm Springs, CA 92262 11. Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 12. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 13. 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. 14. Indemnification. Owner/Tenant shall indemnify and hold harmless, the City of Palm Springs ("City"), the City Council, its officers, agents, employees and City of Palm Springs Facade Improvement Program 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. 15. Authori . 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. City of Palm Springs Facade Improvement Program IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City„ City of Palm Springs Date: By: 4 / � /�/,�C�U . Ad ninistratdr, Community & Economic Development Date: By: Dir�, Community & Econ evelopment Date: By: David H. Ready, Esq., P Executive Director APPROVED BY CITY COUNCIL \n APPROVE S TO FORM: ' ATTEST: By: '� Douglas C. Holland ///City Clerk City Att rney "OWJes Date: �SV Z��S By: Date: City of Palm Springs Facade Improvement Program EXHIBIT "A" VICINITY MAP SEE NEXT PAGE City of Palm Springs Facade Improvement Program Douglas Jones 1258 Montalvo Way 500' radius - -�i� Wil KAc4m' - � ,. ... . . .ter.,. • l^ •r f.• C[ - I �7F' ri�rn.r-vr..w�r r•r • .• ` i I. `• ••N EXHIBIT "B" SCOPE OF WORK Remove and install new aluminum framed entrances and storefronts. City of Palm Springs Facade Improvement Program „C„ EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) Building permit attached City of Palm Springs Facade Improvement Program ` City of Palm Springs • BUILDING PERM,,* asas. Building Address: 1258 Montalvo Way Date 0311 212 01 5 Case No.:Pllar Pont Angslal-aFrance Submitted Technician Owner Address Phone Douglas Jones Milt Montalvo Way 760 275 4979 Palm Springs CA Contractor Address Phone Lic.Number Douglas Jones 3600 E Tachevah Dr 276.4979 Palm Springs CA Architect Address Phone Engineer Address Phone - Lot# Block Is Tract Parcel Number 4 • 9780 677452.001 Lot Size - Zone Occupancy 46800 Building Sq.Ft. Garege/Carport Roofed Patio/Porch Remodeled Area New 19500 0 0 0 Use of building Permit Type Const.Type Fixture Units commercial Commercial Additlorlalteration Fire Sprinkler Units Valuation Permit Fees Paid 0 12500.00 332.31 Describe work in delail: Interior partition to divide building Into two seperate suites. SuRes A and B. Special Conditions: DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE WORK IS INSPECTED IMPORTANT The issuance of this permit shall not be held to be an approval of the violation of any provisions of any city or county ordinance or state law. Inspections of work are subject to an approved set of plans being on the job. Changes to plans are not to be made without permission of the Building and Safety Divisions. The owner and/or Contractor is responsible forestablishing all property lines. All utilities must be underground. This permit will expire if work is not started in 180 days or 5 more than 180 days elapses between Inspections. I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit and understand that these requirements must be completeN prior to final Inspection and that no canification of occupancy will be issued until such time as these requirement are met. I certify that I have read thi pli 'on an Late that the information is true and Cored. i 0WPPJ6QAT,TAACT0RJAGENT DATE 418 /B�Ylnaled 2.5 f t 5 L JQ , This is a Buildin when property filled out,signed and validated,and Is not transferable. PERMITNUMBER 2015-771 EXHIBIT "D" CONTRACTORNENDOR AGREEMENT SEE NEXT PAGE City of Palm Springs Facade Improvement Program MAGIK GLASS AND DOOR 3500 TACHEVAH DR. STE. A PALM SPRINGS, CA 92262 s A Division of Magik Enterprises, Inc. PALM SPRINGS FAX PALM DESERT 760.325.1876 760.320.0549 760.346.2707 4/1/2015 Mr.Doug Jones PROPOSAL PROJECT:5468 1258 Montalvo Way-Palm Springs,CA PLANS DATED:Job walk ADDENDA:None reviewed TITLE 24: None reviewed,compliance excluded FINISH:Class 11 Clear Anodized ALUMINUM FRAMED ENTRANCES AND STOREFRONTS: FRAME SET 1 (Exterior): Kawneer 1600 wall system 1 - 2 1h"x 6" Front glaze thermally broken curtain wall for 1"glass at two exterior openings approximately 242"x 111". STOREFRONT DOORS: Two narrow stile doors with 10"bottom rail,glazing stops for 1"glass.Door marks:A,T-0"x 9%0",HW: 1. DOOR HARDWARE (AS APPLIES): Hardware Set 1: Continuous gear hinge, overhead concealed closer, Adam's Rite 1850 Hook Lock, with exterior construction cylinder,interior thumb-turn,back-to-back offset pulls,4"mill finish saddle threshold,door weathering. GLAZING: GL-1(Exterior): 1"CA- r/a"gray(11100 reflective coating#2) tempered - 1h"bronze air space- V4" clear tempered. Tinted glass with reflective coating is subject to availability. INCLUSIONS: Sales tax, caulking, fasteners and shims, demolition, break metal drip edge at head, basic shop drawings and submittals. Total price installed,including 9.00%tax.-------------------------------------------------------------$19,750.00 SPECIFIC EXCLUSIONS:Prevailing wages,final keying or permanent cylinders. EXCLUSIONS: Structural engineering with or without wet stamp by Licensed California Engineer, extended installer warranty, permits, waiver of subrogation, payment and performance bonds, liability insurance for mold, night or weekend work hours, protection, final cleaning,energy compliance testing, structural support for curtain wall&storefronts, shower doors,fire rated glass or frames, bathroom accessories, mirrors, ACM Metal Panels, all hollow metal frames by others, skylights, display cases, translucent panels, demolition,and anything not specifically listed above. THANK YOU FOR THE OPPORTUNITY TO QUOTE THIS PROJECT. THIS QUOTE IS GOOD FOR 30 DAYS. Thank You, Tim Hicks 760-325-1876 LICENSE # 686337 ADDENDUM #1 Facade Improvement Agreement Douglas Jones 1258 Montalvo Way 1. Final billing — Magik Enterprises, Inc. 2. Photo image of completed work MAGIK ENTERPRISES, INC. Final Billing DBA Magik Glass and Door 3500 E. Tachevah Drive Ste A I Palm Springs CA 92262 Application. 2 760-325-1876 Period: 07/20l2015 License. (C-17)686337 Owner: DOUG JONES Job Location: Doug Jones-1258 Montalvo 3500TACHEVAH 3500TACHEVAH SUITE J PALM SPRINGS CA 92262 Job number#: 5468 Job phase#: 0 Application For Payment On Contract Contractor's Certification Original Contract ............................... 19,750.00 The undersigned contractor certifies that the work on the above named job has been completed in Net Change by Change Orders.......... 3,146.00 accordance with the project requirements, and/or plans and specifications to the level of completion Contract Sum to Date.......................... 22,896.00 requested on this application. Total Complete to Date......................... 22,896 00 ~� E, Total Retained..................................... 0,00 \. Contractor:Total Earned Earned Less Retained............... 22,896.00 Date: i Less Previous Billings......................... 10.000 00 pla 1 o�ooc�. Ov o115 Current Payment Due.................. 12,896.OU I CD� ��6g4, cX� qI � ts Balance on Contract............................ 0,00 t Contractors are requiredto be licensed and regulated bythe Contractors State License Board. Anyquestions concerning the responsibilities of a contractor may be referred to the Registrar of the Board whose address is Contractor's State License Board P.O. Box 2600 Sacramento, CA 95826 1-800-321-CSLB or 2752 Terms:Invoices are due and payable 30DY from the date of invoice. All overdue amounts will be charged a service charge of 18.00 %per anum Thank you for your prompt payment! Print Images Page 1 of 1 Routing Sequence# Paid Date Amount Account Serial Capture Source 12104288 8215626082 06122015 $10000.00 5535563919 1026 00007164 WELDS FARGO BANK 1026 SUNRISE SQUARE 1753 NSUNRISE riAV PAL114SPRIP2�'L2 _, + DATE IY•J� I (/Lv.7 r/+�/ 18-241127E1 PAY TO THE ORDER OF f x- ! (/f✓,S< $ILQA�Ey �r DOLLARS DQUOLAS C JONES TERRENCE B JONES W9 TAMAPoSK RD PALM SPRINGSCA 9M2-5735 �'0 61+ 1w)N 1: L 2 2000 2a. 7i: 55355639 L9110 LO 26 8 I o f N N m 6 IaI o 0 I � A >� rn N I m i https://oibservices.wellsfargo.com/OIB/Printlmage.jsp 10/12/2015 Wells Fargo StoreVision Platform Page 1 of 1 View Check Copy Print Check Number 5003 Date Posted 07/30/2015 Check Amount $10,000.00 WELLS FARGO BANK 5003 SUNRISE SQUARE M NSUNRISE WAY PAW SSPPRR N'GSS CA[■q✓27y6�2 DATE / Z }� i(/ '� A 1�� „�2MI210 PAY TOHE T ORDER OF J]�/�,� r��7f j 4 A i�� f� —T�•/� /.5/1 w�..A�w.ti� DOLLARS DOUGLAS C JONES TERRENCE B JONES GOOD BUILDING M TAMARISK RD PALMSPRINGS CA92202.6735 -v Y1: 1 2 104 2811 21: 55355639191105003 9 i f " z >i ` . DIi ( o I j > Q T to g N > > i yy O 0 m �o Ipi ][ m 0 Vf y m O I'g' i rg9? $9 z Z #je� Wz ci pm p m p D w O ro D T i m D - n https://az-site l.salesandservice.welisfargo.com/svp/accountHistoryChecklmage.do?date=... 10/12/2015 Wells Fargo StoreVision Platform Page 1 of 1 View Check Copy Print Check Number 1087 Date Posted 10/05/2015 Check Amount $2,896.00 Vi Fffi S FARGO BANK 1087 SUNRISE SQUARE 1753 N$UNRISE WAY PALM SPRINGS.CA 92202 �+ y DATE InC 1,Q/ l 1624M 22D PAY TO THE ORAROF �M $ t/ DOUAR DOUGLAS C JONES TERRENCE 8 JONES ' 699 TAMARISK RD PALM SPRINGS CA 92262-5735 ,!:�4 rs ': L 22000 2ti ?P: 55355639 L91r , 87 7 N D = i it (.D z o I m 61 mLn 'ii � y3 i €Y pp; O Gm Ln r rn ; _ aril `rC 0 S II a 3 m n https://az-site l.salesandservice.wellsfargo.com/svp/accountHistoryChecklmage.do?date=... 10/12/2015 ' r v � L W r ' IL r� I`1 w f � s r , i I � ■ j I f I P n i ^L11 W pF _J E t o �cg I �ti r 55� y