HomeMy WebLinkAbout06775 - MARIANNE HUNZINGER FACADE IMP GRANT AGR FOR 236 N PALM CYN DOE Q plM SA9
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°�.•�'° PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT
cq��FORa�P FACADE IMPROVEMENT GRANT AGREEMENT
FACADE IMPROVEMENT AGREEMENT
THIS FACADE IMPROVEMENT AGREEMENT (the Agreement ) is made and entered
into thisjj day of 2015 by and between the City of Palm Springs, Community &
Economic Developme t ("City"), and Marianne Hunzinger ("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 236 N. Palm
Canyon Drive, Palm Springs, ("Property'), otherwise known as Marianne of Palm
Springs (building or business). The business is located in the non-dollar match
area described in Recital C, as shown on Exhibit "A, Map.
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 $1,269.00 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 $1,269.00, 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 $1,269.00 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 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
$1,269.00. The estimated cost of the work proposed is $1,269.00, 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 Aciainst 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
parry 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: Marianne Hunzinger
231 F LaVerne
Palm Springs, CA 92262
11. Intearated 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
contractors free and harmless from any liability whatsoever based and asserted
City of Palm Springs Facade Improvement Program
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: 8F
Community Economic Development
Date: [D• NtN.Vf5 By: f
O , o m nity & Econc ' D ment
Date: By'
David H. Ready, Es D.
City Manager APPROVED By CITY COUNCIL
1o_�i� 5� Ah't�S
ATTEST: APPROVED A5 TO FORM.
By: By:
mes Thompson Douglas PlHolland
City Clerk City Attorney
"OWNERITENANT"
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Date: ' �� / 5 By :
VariAifnErH6niing
Date:
City of Palm Springs Facade Improvement Program
EXHIBIT "A"
MAP
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program
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EXHIBIT "B"
SCOPE OF WORK
Replace glass in entry and display windows.
City of Palm Springs Facade Improvement Program
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EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Not required
City of Palm Springs Facade Improvement Program
EXHIBIT "D"
CONTRACTORNENDOR
AGREEMENT - PROPOSAL - ESTIMATE
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program
Desert City Glass, Inc.
68-743 Perez Rd., Ste. D-36
Cathedral City, CA 92234
T) 760-324-8022 F) 760 321-5342
License # C 17 713484
September 14, 2015
Marianne of Palm Springs
"r�MMIINMNMMIMwNMM 1N ��"wM.w�:
Attn: Marianne Hunzinger
Enclosed please find the quote for the above named property. This quote includes all
materials, tax, and labor for the job. This quote is good for thirty(30) days from the date
of this letter. If you decide to accept this quote, a deposit of 50% will be required before
we will order any materials. If you agree to the price of this quote,please sign, print
name, date and return to us along with your deposit. Please telephone us if you have any
further questions regarding this quote. We gladly accept Visa, MasterCard, and Discover
over the phone. All glass is being quoted as %"clear tempered.
1-32 x 88 for door
3-22 x 57-left side
3-23 x 57-right side
TOTAL FOR ALL $1,269.00
Thank you,
Lupe Perez Jr.
Sign Print Date
ADDENDUM #1
Facade Improvement Agreement
Marianne Hunzinger
Marianne's of Palm Springs
236 N. Palm Canyon Drive
Vendor Paid Invoice
Desert City Glass Ck# 3336 $634.50
Ck# 3356 $634.50
Total $1,269.00
DESERITY GLASS, INC.
.F 687 erez Road,Suite D-36 INVOICE
Cathedral City, CA 92234^- 1�T(760)324-8022 Fax: (760) 321-5342 1�O. 19099
• �10.r1���� Q� P hi �1,� „ License#C17-713484
WORK PERFORMED AT,IF OTHER THAN SOLD TO
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DATE DUR ORDER NO. YOUR P.O.NO.
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