HomeMy WebLinkAboutA6803 - JOSEPH T. LIZOTTE - FACADE IMP GRANT AGR FOR 611 S PALM CYN DR #12 {O�pNLM Sp4
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°ro•R°''sP## PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT
g41FOR % 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 Joseph T. Lizotte ("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 (circle one) located at 611 S. Palm
Canyon Drive, Suite 12, Palm Springs, ("Property"), otherwise known as Artisan
Home (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 $2,536.06 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 $5,072.12, as shown in Exhibit "D".
The actual cost of the work completed is $5,072.12 as shown in Addendum No. 1.
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 $2,636.06 and Owner
agrees to undertake the approved improvements, under the following terms and
conditions:
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
$2,536.06 The actual cost of the work completed is $5,072.12, as shown in
Addendum No.1.
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: Joseph T Lizotte
Artisan Home
1241 S. Gene Autry Trail
Palm Springs, CA 92264
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: ��" GJ /S� By: l! ezao , 111
Community conomic Developm M
Date: [D . P0y.Zo 1,tL g .� ���—�
Dl or, Community & Economic Development
Date:
David H. Ready, Esq��
City Manager APPROVED BY CITY COUNCIL
ATTEST: APPROVED AS TO FORM: Wan
Bye. By.
mes Thompson Douglo C. Holland
City Clerk City Attorney
"OWNERITENANT"
Date: 2hr) By :
J seph 7V Lizotte
Date:
City of Palm Springs Facade Improvement Program
EXHIBIT "A"
Vicinity Map
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program
Artisan Homes
611 South Palm Canyon Drive, Suite 12
500' radius
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EXHIBIT "B"
SCOPE OF WORK
Remove former tenant signage and replace with new sign
City of Palm Springs Facade Improvement Program
„C„
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program
611 S. [ALM CANYON OR. SUITL 12, PALM SPRINGS C."rsrisANNGME
NEW SIGN FACE AND
CHANNEL LETTERS
1 SUN SUN CENTER
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_ PALM SPRINGS
JOHN CPOSS
CRISTINAGARCIA
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LLETTERS a 5 ! S 1 / 0 J I
MANUFACTURE AND INSTALL ONE' SET OF FRONT-LIT CIIIANN I i�i{iiL�� ddddFTTFRtf�WITH 3/1 reACRYI IC
FACES SHEETED "KIWI GREEN" WI I H BLACK TRIM CAP AND 5 DEEP_
WHITE LED INTERNAL ILLUMINATION. aNn' Gar G lC. drawing No.
PERMIT CENTER _�.�.��-�V
CITY OF PALM SPRINGS i";zrAA
E#: [TYPE: PWIECT NAME APNi ADDRESS
14-081 5] BEST SIGNS INC 513-29"14 611 S PALM CANYON DRIVE
ZONING FEESACCTOOOI-32212 ENVIRONMENTAL ASSESSMENT FEES-#001.32212
CHANGE OF ZONE APPLICATION 50.00 NEGATIVE DECLARATION
PRE APP FEE $0.00 MITIGATED MEG DECLARATION $0.W
CONDITIONAL/LAND USE PERMI $0.00 CATEGORICAL EXEMPTION/EIR
PLANNED DEVELOPMENT `S
DISTRICT APPLICATION FEE
FINAL DEVELOPMENT PLAN FEE
VARIANCE APPLICATION FEE 50.00
INCLUDES SIGN VARIANCE
TIME EXTENSION FEES $0�
MISCELLANEOUS FEES
MISCELLANEOUS FILING FEESACCr#001-34303 MISCELLANEOUS FEES
ARCHITECTURAL APPROVAL FEE $0.00 SIGN#001.32205 $117.00
ADMINISTRATIVE MINOR $0.00 IN LIEU OF- #131.34359
MODIFICATION FEES
PLAN CHECKS PLANNING FEE $0.00 R V- #001-32210
PLANNINGCCANDR 1$0.00 MISCELLANEOUS-#001.34106
MISCELLANEOUS FEES/MILLS FE J$D.00 MICROFILM/MISCELLANEOUS- $10.OD
#001-34309
SUODIVISION FEESACCT#001.32213 OTHER MISC
TENTATIVE MAPS FEES
FINAL MAPS FEES
LOT LINE ADI/CERT OF
COMPLIANCE FEE
ENVIRONMENTAL ASSESSMENT FEE $0.00
MISCELLANEOUS FEE
;TOTAL FEE(Sj ' �$127.00
The acceptance of application or of a fee Is not an entitlement or a permit to construct,change or alter any
portion qMc described in the appication.
REC F IPEql
_ 11J12/2014
R Co r C Cashier 1 Planning File J Planning Copy 6671
1 " 126132
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ISsO S.GENE AUIW TRAIL 1sz nx}o111
PALM SPRINGS.CA 92264
T�F� (760)320- 42-3(y0` / [/
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ORDER OF
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EXHIBIT "D"
CONTRACTOR/VENDOR
AGREEMENT - PROPOSAL - ESTIMATE
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program
1550 S.Gene Autry Trail
Palm Springs,CA 92264
BENGHAVIS PROPOSAL Phone:(760)320-3042
N c o I Poe A r ! o FAX: (760)320-2090
PROPOSAL SUBMITTED TO PHONE DATE
ARTISAN HOME 760 778-1964 12/3/2014
ADDRESS JOB NAME
611 S. PALM CANYON DR.,SUITE 12 Front-lit Channel letters
CITY,STATE,ZIP JOBR LOCATION
PALM SPRINGS CA 92262 1411-46857-PS Sun Center Palm S fin s
We hereby submit specifications and estimates
Quantity Description Price Extended Price Installation
1 BSI will manufacture and install the following per $3,441.94 $3.441.84 $985.00
client approved renderings and specs:
28.5"x106"overall front-lit channel letters and
horizontal bar with Kiwi Translucent vinyl applied.
Letters to be painted black with 4" returns and
trim cap.
To read: ARTISAN HOME
1 Signfbuilding permit fees QD reimbursement only $295.00 $295.00
Subtotal 3 736.84
CA Sales Tax 350.28
Installation 985.00
Total $5 072.12
We propose hereby to furnish material and labor-complete in accordance with above specifications, for the sum of:
Five thousand,five hundred and twenty-two dollars and 28 cents Dollars:$5,072.12
TERMS: 50% DEPOSIT REQUIRED, BALANCE DUE UPON COMPLETION
NOTICE TO OWNERS
Under the Mechanics'Lien Law,any contractor,subcontractor,supplier,man or other person who helps to Improve your property and is not paid for his labor,services or maledal,
has a right to enforce his claim against your property.
Under the law,you may protect yourself against such claims by filing,before commencing such work of Improvement,an original contract for the work of improvement of a
modification thereof,In the office of the county recorder of the county where the property Is situated and requldng that a contractors payment bond be recorded In such office. Said
bond shall be In an amount not less than fifty percent(50%)of the contract price and shall.In addition to any conditions for the performance of the contact,be conditioned for the
payment In full of the claims of all persons furnishing labor,services,equipment or materials for the work described In said contract.
In the event litigation is Inattualed to collect any sums due and owing Best Signs,Inc.,there shall be added such additional amounts as court costs and reasonable attorney's fees.
Signature or payment of deposit constitutes acceptance of this agreement
Authorized
Signature
Note: This proposal may be withdrawn by us If not accepted within_days.
;e 3tance of Provic-The atova
pri spedflmdons and conditions are tlafactory and X Signature
are hereby accepted. You are aulhorized to do the work
as epedfard. Payment will be made as outlined above.
X Date of Acceptance: Signature
X
611 S. PALM CANYON DR. SUITE 12, PALM SPRINGS ARTISAN HOME
NEW a ..tea
CHANNEL E FACE TT ER
SUNN r. .T E
PALM SPRINGS
JOHN CROSS
CRISTINAGARCIA
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11/12/14
1/4•�1'-P
Gmphia/ARTISAN HOME/PS
PERMIT DLW BUILDING 10
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LETTERS: 22
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MANUFACTURE AND INSTALL ONE SET OF FRONT-LIT CHANN I. I_ETTFR ' WITH 3/lreACRYLIC
FACES SHEETED "KIWI GREEN" WITH BLACK TRIM CAP AND 5',PEEP fILA/\C.IS ETLRt1S_.___-.
WHITE LED INTERNAL ILLUMINATION. iuA +�M Urawiny Ion.
ADDENDUM #1
Facade Improvement Agreement
Joseph T. Lizotte
Artisan Home
611 S. Palm Canyon Drive, Suite 12
Photo image of completed work
Best Signs paid invoices
Artisan Home
Date Vendor Invoice# Amount
11/12/2014 Best Signs 83414 2,345.31 Deposit
12/3/2014 Best Signs 83541 2,726.81 Balance
5,072.12 Total
Grant amount to
2,536.06 applicant
EZ : O�I SLOZ /Zl1014-7
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MESTSOM INVOICE
1550 S.GENE AUTRY TRAI L
PALM SPRINGS,CA 92264 DATE INVOICE 8
(760)320-30421 FAX(760)320-2090 "--
BILL TO: t F + SHIPTO!
ARTISAN EVENTS 171 F PER: JEREMY/778-1964
1241 S.GENE AUTRY TRAIL RE: ( I )QTY. SET OF CHANNEL
PALM SPRINGS,CA 92264 LETTERS
ATTN: ACCOUNTS PAYABLE RE: 'ARTISAN HOME'
RE: BALANCE DUE INVOICE
P.O.NUMBER TERMS REP SHIP VIA F.O.B. PROJECT
i
JEREMY/778-19... Due on receipt JC 12/2/2014 INSTALLED
QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT
0.5 Channel Letters I )QTY.SET OF FRONT LIT CHANNEL LETTERS 3,829.00 1,914.50T -
'ARTISAN HOME"AND HORIZONTAL BAR WITH KIWI
TRANSLUCENT VINYL APPLIED. LETTERS PAINTED
LACK WITH 4"RETURNS AND TRIM CAC
ARTISAN HOME
0.5 Installation INSTALLATION OF ABOVE LETTERS AS PER 985.00 492.50
NSTRUCTED.
0.5 crmit Fcc IGN/BUILDING PERMIT FEES @a REIMBURSEMENT 295.00 147.50
NLY.
Late Sates Tax I 9.00% 172.31
i
I
THANK YOU!YOUR BUSINESS IS APPRECIATED. TOTAL
$2,726.81
MMfGU6RD, imm nw xr�i rrs�o.WITH �o r�o��oea cnu-oeo�:+zi.°sso
Balance Due $0.00
„ I
w§rs s5 s�Ests NSInc INVOICE
1550 5 GENE AU T RY TRL.
ISM S.GEN6 AUTRY TRAIL PALM SPRINGS,CA 92264
PALM SPRINGS,CA M64 ,D (7r2)1S l0:#I:2fi i DATE T INVOICE N
(760)320.3042!FAX(760)320.2090
ND'X%kX%XkMSIW298 TID xxwo59
CREDIT CARD - 12/3l201d 83541-----___ .
VISA ME {
BILLTO: CARDS XkxYYkkXxf33S}tiI
`INVOICE 0001
ARTISAN EVENTS "&EQ A: 0002 �uREMY/778-t964 _
1241 S.GENE AUTRY TRAIL dtdt A; 000069 ; QTY.SET OP CHANNEL
PALM SPRINGS,CA 92264 "4al Code: 92978C
A'T"IN: ACCOUNTS PAYABLE 54 - '7:TLSAN HOME'
LANCF,DUEINVOICE
AVs Code; NYZ
Lard code: i M
'SALE AMOUNT V581 —_- -
RO NUMBER cRMS REP Itfi0.6. PROJECT
t I agree to pay above 1ota1 myA
JEREMY/778-19... Due on receipt JC i( , att(h'd11g(0 tad AJEBf1t
QUANTITY ITEM CODE 1 r;�,jMetdw ageara t D Credit Voudtei) PRICE EACH ! AMOUNT
0.5 Cparmel Letters (I)QTY.SET I 1 ( 3,929.00 1,914.50T
"ARTISAN HOE LL I✓1
j TRANSLUCEN � �'
BLACK WITH, J
RE:
AR' ' MERCiIANT CCPY
0.5 knstallation INSTALLATTO i y 985.00 492.50
INSTRUCTED i
.r
0.5 permit Fee SIGN/BUILDING PERMIT FEES C�REIMBURSEMENT 295.00 147.50
,ONLY.
I
I
State Sales Tax 9.00% 172.31
I
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1
THANK YOU! YOUR BUSINESS IS APPRECIATED.
TOTAL $2.726.81
i Balance Due $2,726.81
7 S6R:6UARD. ::�..�.:;.u;:, •mvm rra ro r¢aweA a.k:lIem azt."sz
Bank of America�IWF'
,4a SignatureO
January 29 - February 27, 2015
Page 3 of 4
t 4.
? 9C a •
Transaction posting Reference Account
Date Gate Description Number Number Amount Total
Purchases and Adjustments Cxa �Tct_ ,�
01/30 01/31 FULL STEAM AHEAD 760343-7900 CA 0069 3353 79.00
02/02 02/03 ELEGANT INTERIOR FABRICS 213-6226260 CAA7101tQ C- 6480 3353 429.11
02/03 0l/04 GBS LINENS 714-7786448 CA\L,� G 5480 3353 405.00
02/03 02/04 GBS LINENS 714-7786448 CA// 5498 3353 173.36
02/05 02/09 CANINE SPA CATHEDRAL CTYCA 2645 3353 85.00
02/06 02/10 CCBill.com `BDST INC 888-59 69 2 7 9 AZ 7258 8967 94.95
02/13 07,r17 RHODE ISLAND NOVELTY 800-528-5599 MA P�P� 5307 3353 70,00
02/17 02/1.8 BEST SIGNS INC 760320-3042 CA FK>M:0- 0024 3353 2,726.81
B INVOICE
1660 S.GENE AUTRY TR IL
PALM SPRINGS,CA 922 W DATE INVOICE p
(760)320-3042 FAX(7 )320-2090
i
I1/12/21111 11411 ....�
01A
BILL t0: � SHIPTO:
AR"I"IS.AN EVENTS PER: JEREMY!778-1964
1241 S.GENE AUTRY TRAM. RE: ( I )QTY. SET OF CI-IANM L
PALM SPRINGS,CA 92264 LETTERS
A 1-1=N: ACOOIJNPS PAYAB D RE: 'ARTISAN HOME'
RE: 50%DEPOSIT INVOICE.
P.O.NUMBER TERMS REP7S-HVIA F.O.B. PROJECT
JEREMY;778-19... Due on receit JC INSTALLED
QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT
Fhmincl Letters ( 1 )QTY. SEFOF FROM L1I CHANNIEL I.[-I l ERS 1,129.00 1,564.511'f
:"ARTISAN HOME"AND HORIZONTAL 13AR W111I KMII
TRANSLUCENT VINYL APPLIED, UPPERS PAIN'PED
BLACK WITH 4"RETURNS AND TRIM CAP.
RE: I
ARTISAN HOME
0"5 Installation INSTALLATION OF A13OVE LETTERS AS PER 985.00 492.50
LI i1NSTRUCTED.
OS }'ennit Pee SIGN/BUILDING PERMIT PEES(if REIMBURSEMF..NT 295.00 147.50
,ONLY.
I
(Stale Sales I 9.00% 140.81
I
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iI '
i
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THANK YOl1' YOUR 13LJSIN8SS IS I'PRf(IAl'r D.
TOTAL §2,Ji5.31
'IXT
ryr�3
SJ4Lfam. _ .., �moxr ro nExwoenate: ?emnoava
aanRorxmenca —�r
Visa Signature-
October 29-November 28,2014
Page 3 of 6
Transactions Continued
7nrnsec P eav Relerense .aesomt
Dote Dan, Number Number Amount rots
Payments and Other 0 to
11/07 11/07 INTEREST CHARGE ADJUSTMENT 8668 —0.02
11/07 11/07 INTEREST CHARGE ADJUSTMENT 8669 11/09 11/10 PAYMENT-THANK YOU 4539 —4,8 93-016
—0..16
�6,139.67
Purchases and ABJustments
10/28 10/29 FROSTYS AIR CONDITIONI 7607701114 CA+ 1856 3060 95.00
10/30 10/31 DESERT VISION PALM SPRINGS CA+ 0220 3060 590.00
10/31 11/03 PALM SPRINGS DISPOSAL 7603271351 CA+ 0016 3060 404,63
0
+TRANS FROM 4313073774483060 5,953
11/07 11/07 FRAUD DISPUTE 8791 74.94
11/07 11/07 FRAUD DISPUTE 8793 163.93
11/10 11 11 9RINGB-BIBP96A A 0519 3353 163.93
641399051
11/12 11/13 BEST SIGNS INC 7603203042 CA 0049 3353 2,345.31
955400047603203042
43fi3.---�47r45 1----fit-AryAL GTYCA 2606 3353 85.00
11/14 11/15 ACTION MARK PLUMBING 760-322-2777 CA 0021 3353 39.00
992100027603222777
11/17 11/19 THE GERSON COMPANY INC 9132627400 KS 1558 3353 752.00
KS0000282229132627400
11/18 11/19 GBS LINENS 714.7786448 CA 2047 3353 354.69
806111821160016
11/1B 11/19 CBS LINENS 714-7786448 CA 2054 3353 120.33
806111821160017
11/20 11/21 GBS LINENS 714-7786448 CA 4408 3353 54.38
808112021160014
11/23 11/25 VICEROYPALMSPRINGSREST PALM SPRINGS CA 1870 3353 3216
035749
11/24 11/25 EL MIRASOL COCINA MEXI PALM SPRINGS CA 7877 3353 73.53
11/24 11/25 BESTBUYCOM688508014063 888-237289 MN 3885 3353 120.94
09942014112481607388
11/25 11/26 IN SUNSPLASH SCREEN P 7603414010 CA 1340 3353 661.05
A03K7356
$6,371.5;
Interest Charged
11/26 11/26 Interest Charged on Purchases 0.00
11/26 11/26 Interest Charged on Balance Transfers 0.00
11/.26 11/26 Interest Charged on Dir Dep&Chk CashAdv 0.00
11/26 11/26 Interest Charged on Bank Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD $0.0[
tYear-to-Date
Total fees charged in 2014 $36.83
Total interest charged in 2014 $123.33