HomeMy WebLinkAboutA6745 - DANIEL VILLANUEVA, JR - FACADE IMP GRANT AGR FOR 145 N GENE AUTRY TRAIL cEpn�Msp4
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�'� °�••°''�P" PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT
441FORN� FACADE IMPROVEMENT GRANT AGREEMENT
FACADE IMPROVEMENT AGREEMENT
THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered
into this 17 day of June, 2015 by and between the City of Palm Springs, Community &
Economic Development ("City"), and Daniel Villanueva, Jr. ("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 145 N. Gene
Autry Trail, Palm Springs, ("Property"), otherwise known as Balisage Bistro
(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 $5,000.00 to make exterior
improvements to the Property as described in Exhibit "A: Confirmation Letter and
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 $10,029.00, 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:
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 match grant shall not exceed
$5,000.00.The estimated cost of the work proposed is $10,029.00, 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: Daniel Villanueva, Jr.
Balisage Bistro
145 N Gene Autry Trail
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. Author! . 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: Ah; By: lze-2
Administrat , Community & Economic
Development
Date: e+q i j zo is By:
irector, Community & Economic
Development
Date:
David H. Ready, Esq.,
City Manager APPROVED BY CITY COUNCIL
� •a-\h as bP 1.+h
ATTEST: APPROVED AS TO FORM:
B .
ames Thompson Dougla C. Holland
City Clerk City Att rney
"OWNER/TENANT"
Date: By: �,
Daniel Vi lan va, .
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
New awning and new signage
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
f
a4 pA M SAIti CITY OF PALM SPRINGS
�
" Department of Planning SerViC S CITY OF PALM SPeiNcs,c LIFC)RNPLPw,NINC:,C A",TMENT
3200 E.Tahquitz Canyon Way, Palm Spri gs, CA 92262 AFF APPROVA
C1Au FoaN`V_ Tel 760-323-8245-FAX 760-322-8360 `
Staff Signalwe Da:s
For Staff Use Only L ❑NAtlI Con ifians as follows.
Case Number: / - /
wit
In-Take Planner:: C� _
_--CITYO PPALM SPRINGS,CALIFORNA PLANNING DEPARTMENT
Date: STAFFAPPROVAL A f4
SIGN PERMIT / SI N�cPs °ae15
PLANNING / ZONING GENE s E0 MlhCandlionsasfollow&
TO THE APPLICANT: Please fill out information requested be o� i
application.
Project Site Information:
Sign Address: lq5 N r •e C
Business Name: W16SQ4� Swt�
Applicant's Name: }&-5± SI�YtsL.
Phone # —7I' (7a0-.�o?� y Email:
/ tii � hts� S'Is�rt /IC- Cd�ln
APN: jlJ / - 270- Q/� Zone: Section/Township/Range
Type of Sign:
Permanent Main Temporary / Banner Portable Open Sign
For Sale/ Lease Sign 0 Subdivision 0 (A-Frame Sign)
Sign Design: 12
Square footage of sign: 19+4-P� ft. Number of proposed signs: `rf�/Au fit`
Linear frontage of business: _ 50 ft. Color of sign: SV�v; vkt Ie-jAevs- w� ;
Height of freestanding sign: _ r/b� ft. Materials: " I,C-
Number of existing signs: Type of lighting: sh
Sign Designer:
Sign Company: &sd 2
Address: S 0
` A r+\ S' h 1p(A
Phone #: Email: �w��I eSl ;n�5inr Uh
Conditions of Issuance: J
1. All signs must comply with the PSZC Section 93.20.00
2.
3.
4.
Applicant's Signature Planning Approval Signature Date of Approval
EXHIBIT "D"
CONTRACTOR/VENDOR
AGREEMENT- PROPOSAL - ESTIMATE
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program
BEST SIGNS, INCORPORATED
1550 S. Gene Autry Trail
Palm Springs,CA 92264
Phone: (760)320-3042
FAX: (760)320-2090
PROPOSAL
PROPOSAL SUBMITTED TO PHONE DATE
BALISAGE BISTRO (760)406-4665 6/2/2015
ADDRESS JOBNAME
145 N. Gene Autry Trail Storefront Signage
CITY,STATE,ZIP JOB# LOCATION
Palm Springs, CA 92264 1506-48101-PS
We hereby submit specifications and estimates
Quantity Description Price Extended Price Installation
1 BSI to fabricate custom architectural wall panels of all $5,800.00 $5,800.00 $1,100.00
aluminum construction consistent in scale and design as per
renderings and specifications dated May 26th, 2015. Total
sign cost includes individual letters and logo cut from 1/2"
cast acrylic and 114" plate aluminum.
1 Permit required by the city of Palm Springs. This is $127.00 $127.00
reimbursement ONLY. BSI procured permit on 6/02/2015 at no
additional cost.
Subtotal $5,927.00
CA Sales $522.00
Installation $1,100.00
Total $7,549.00
We propose hereby to furnish material and labor- complete in accordance with above specifications, for the sum of:
Seven thousand, five hundred forty-nine and 00/100 Dollar $7.549.00
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
material,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 requiring that a contractor's 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 contract,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 instituted 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
C _ -i d SS
Signature Jim Cross
Note: This proposal may be withdrawn by us if not accepted within 00 days.
Acceptance of Proposal �/
The above prices,specifications and conditions are satisfactory and are hereby X Signature X
accepted.You are authorized to do the work as specified.Payment will be made
as outlined above.X Date of Acceptance:X X Signature X
114" BALISAGE BISTRO
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I I BUILDING ID
Project 44d—
lA N.GENE TRAIL
PALL M SPRINGS,S,CA CA li
JIMGROSS Dam
CRISTINA GARCIA
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MAY 20,2015
46"
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SAUSAGE BISTRO\
.r CONGEPTUAL_DESIGN.CDR
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46" PALISAGE BISTRG!
2"x SF %Im Springs,CA 9
n 2264
F� ehteditertanezai� (20Troil
isine 5 SF
TEL:(760)320.3042
FAX:760-320-2090
46"
CONT ORS UC.NO.524443
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ngDnnDRo"Dtn%nq,xvnalaratnq
PANELS MADE OF ALL ALUMINUM CONSTRUCTION PAINTED BLUE TO MATCH CLIENT AWNING. «'"""araRnan"amw,mtn^"
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GROUND LIGHTING TO ILLUMINATE THE PANELS WITH SOFT GLOW (BY OTHERS)
Drawing No.
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BALISAGE BISTRO
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RENDERING 15 DRAFT ONLY FOR ESTIMATION AND BUDGET
CONSIDERATION.DESIGN FORMAT,I.E.,FONT, SIZING, COLOR,
AND GENERAL APPEARANCE TO BE DETERMINED BASED
I UPON CLIENT REVIEW AND COMMENT.ALL SPECIFICATIONS
I AND DETAIL DRAWINGS TO BE PROVIDED UPON APPROVAL OF
I APPROVED BUDGET AND DESIGN FORMAT.
�___________________________-
68-805 PEREZ ROAD SUITE#89 European Retractable;
CATIDRALCITY CA92234 CaswmCo &Praxes
° Privacy Panels
Phone: (760)770-9974 ° Skylight Covers
Fax:(760)32I-8334 Outside Blinds
o Repairs of as Kinds
5 r Contractors License#626725
Date: 06-19-15 Amended Proposal
Sold Balisage Bistro
o:
Address: 145 N Gene Autry Trail city: Palm Sprinas
Telephone 70e�O ccr Ce1I: 0-844 2292
Fax: TERMS:NET CASK
chef@balisagebistro.com
Proposal: Replace canvas on 3 (Three) existing awning frames.
Canvas- Sunbrella . Color Mediterranean Blue#4652
Installed $2,300.00
Sales Tax 180.00
Sub-total $2,480.00
ti
ALL WORD;IS CUSTOM-MADE AND NOTSUWECT Nee. Ss
TO CANCELLATION OR EXCHANGE Tax I
Total 2,480.00
Deposit $ cnot
Balance a nipIl nn
BUYER- D&A SHADE CO. Install
ADDENDUM #1
Facade Improvement Agreement
Daniel Villanueva, Jr.
Balisage Bistro
145 N Gene Autry Trail
Photo image of site location and completed work
Best Signs paid invoice and canceled checks
D&A Awning paid invoice and canceled checks
,,
1550 S.GENE AUMRY TRAIL S INVOICE
PALM SPRINGS,CA 92264 DATE INVOICE#
(760)320-3042/FAX(760)320-2090
SILLTO: SHIPTO:
BALI SAGE BISTRO PER: DANIEL/406-4565
145 N.GENE AUTRY TRAIL RE: ( I )QTY. SET OF 1/2"THICK
PALM SPRINGS,CA 92264 CAST ACRYLIC LETTERS/LOGO
ATTN: ACCOUNTS PAYABLE RE: WALL PANELS
RE: 'BALISAGE BISTRO'
P.O.NUMBER TERMS REP SHIP VIA F.O.B. PROJECT
DANIEL/406-45... Due on reSW/CUSTOM
6/292015 INSTALLED
QUANTITY ITEM CODEDESCRIPTION PRICE EACH AMOUNT
1 ign PaintingET OF 1/2"THICK CAST ACRYLIC AND I/4" 5,800.00 5,800.00T
TE ALUMINUM LETTERS/LOGO
FABRICATED WALL PANELS OF ALL
M.BALISAGE BISTRO
1 nstallation TION OF ABOVESIGNAGEASPER 1,100.00 1,100.00
ED.
I errnit Fee SIGN PERMIT FOR THE CITY OF PALM SPRINGS rQ 127.00 127.00
REIMBURSEMENT ONLY.
State Sales Tax 9.00% 522.00
THANK YOU! YOUR BUSINESS IS APPRECIATED. TOTAL
$7,549.00
@SHEGUARD- uwuu mu mmanm TO REORDER C LL:(MO)VI-°9M Balance Due $0.00
......EYFAG.O THE ORDER OF
t AWYELLS FARGO BANK
PALM SPRINGS CA 92262
N N� 122000247
7:3r � m FOR DEPOSIT ONLY
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DATE 07-1 0--15 2 0
NAME Balisage Bistro
ADDRESS 145 N Gene Autry Trail
CITY Palm -Springs ZIP
TELEPHONE 7 Q-406A.96:5 naniel Villanueva
DESCRIPTION AMOUNT
awning frames
Installed $230Q100'�
Sates Tax 1$0..00,
Total 2 480.00
Deposit Redd a
alance, Due F
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SIGNATURE SOLD BY
SHANE COBS 1429
CARLENE STEWART
611 S PALM CANYON M 7.219
PALM SPRINGS, A//�,C 92284 onTE
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CARLENE STEWART
6113 PALM CANYON N 7-219
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