Loading...
HomeMy WebLinkAboutA6744 - ELENA BULATOVA FINE ARTS LLC {o-?PLM sP4 iy O Y N PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT c4<lF00.N�P FACADE IMPROVEMENT GRANT AGREEMENT FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 2nd day of September, 2015 by and between the City of Palm Springs, Community & Economic Development ("City"), and Elena Bulatova Fine Art, LLC ("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 232 N Plam Canyon Drive, Palm Springs, ("Property"), otherwise known as Elena Bulatova Fine Art Gallery (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: Map 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 $5,007.00, 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 $6,000.00. The estimated cost of the work proposed is $5,007.00, 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 those being replaced. Owner hereby waives any notice, public hearing, and other City of Palm Springs Facade Improvement Program 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: Elena Bulatova Fine Art, LLC 232 N Palm Canyon Drive 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 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 City of Palm Springs Facade Improvement Program 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: Z�/�/ By: �� l Community Economic Development Date: By: II �Dlirrector, Commun' Economic Development l Date: � �2� ` �� Bpi: U f&4�1/L+3G _ David H. Ready, Esq., PhD City Manager ATTEST: APPROVED AS TO FORM: By: By: 40ewza James Thompson Dou as C. Holland City Clerk City Attorney "OWNER/TENANT" Date: q Z 2 -I By : Elena Bulatov Date: City of Palm Springs Facade Improvement Program EXHIBIT "A" MAP SEE NEXT PAGE City of Palm Springs Facade Improvement Program cr C 4 r, w N L_ a a �. LU OAueD ueipul N as uahueD' ueipuI N x 4 et as I "' r . il �MQ .JQ UoAueD wied N uoAueD waled N 4-1 E 4-1 a ca Q Z O a rp N c N m } w LL N U _ C V N J(] ujIiaSflV"llI N Ab, A& f-' EXHIBIT "B" SCOPE OF WORK Repaint building with existing color scheme; replace damaged window glass; and install two RAB, FFLED18 in a white finish at the under side of roof line at existing power locations. 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 CITY OF PALM SPRINGS Department of Planning Services CITY OF PALM SPRIMS.CALIFDiN1ik PIANNINpo PaaTwElrt q v y Springs,3200 E. Tah uifz Canyon Way, Palm S rin s, CA 2262 TAFF APPROVAL Tel: 760 323 8245 - Fax: 760 322 8360 yJt3bs °QttraaNiP StaffSlgnature pajg ((( caseI4-3 t o G ❑ �tCon„ftoas MIOWC IPor Staff Use Onlvll nA� /��`yt� An, �---�n7 / Planning Case Number::. %06 rl6 9, A11 Taken in by(Planner). Date Submitted: MINOR ARCHITECTURAL APPLICATION (MAA) TO THE APPLICANT: Please fill out the information requested below. Attach any signed authorization letters, drawings, color & material boards, photographs, cut sheets and/or any other materials necessary, to describe the proposed project. PROJECT SITE INFORMATION. pp� Project Address: Cno n/r p CW) dut, ' APN: �13 01910/0 (Number and Street name) (9-digit assessor parcel number ex:000-000-000) Project Name (example:Name of Condo Association or HOA): Zone:,jL( z General Plan: Section/Township/Range: 'S/—,-L/—Li Lot Area: A-14 Detailed Description of Project: Y'(G�J4.i w Li K/S /IQ Sq. Footage - Existing Bldgs / Sq. Footage- Proposed New(if any): PROPERTY OWNER INFORMATION: pp Property Owner's Name: e0np-4h" Noa4 Property Owners Mailing Address: II-2,8 S Lei c/ �, P/,vj (Number and Street Name or P.O.Box) Lf} CC— city State Zip Property Owner's Phone:x3llr1 4�*(,� 698.r Fax Property Owners Email:_ (�t�TUX ya,�aor cpm CONTRACTOR. PROJECT MANAGER OR OWNER'S AGENT AUTHORIZED TO INITIATE THE WORK: Company Name: >'V G�tIC(A/0 Z) rccj n �) 1gi (Please print) I AM THE: ❑ OWNER'S AUTHORIZED ACilITNT(example CONTRACTOR) 0 LESSEE(TENANT) ❑OTHER Agent's Name & Signature: Agent's Mailing Address: d O S1 Al, arc 7�Or 1g C 0 (Number and Street Name pr P.O.Box) P S Zip ae� —� CE �226 CI Agent's Phone:_ 7x6C �� z�rr�s Agent's Fax: Agent's Email: (Please continue to next page) RECEIVED -------------- APR 2 3 2015 PLANNING SERVICES DEPARTMENT Elena Bulatova Fine Art 232 cttOF PALM STAFF AAPPROVALUFORNIA PLANNING 7 I Staff Signature G{i,�—� Date se# 3 with Conditions as follows: 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# C17 713484 March 27,2015 Elena Bulatova Fine Art 232 N. Palm Canyon Dr. Palm Springs,CA 92262 Attn: Sam Goldman 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. 1-32 x 78, V4'clear tempered glass $232.00 Thank you, Lupe Perez Jr. LAJ CA Sign Print e Erkles Electrical Heating and Air PO BOX 1366 PALM SPRINGS,CA 92263 (760)323-8786 erkiesps@yahoo.com ESTIMATE ESTIMATE 061544 DATEE 09f22/22/2015 ADDRESS SHIP TO EFFI MACIAH EFFI MACIAH ELENA BULATOVA ELENA BULATOVA ELENA BULATOVA 232 N PALM CANYON DR 232 N PALM CANYON DR PALM SPRINGS,CA US PALM SPRINGS,CA US Please detach lop portion and return with your payment. TECH Dane September 2015 ELECTRICAL 3 258.333 775.00 Installation of 3 new RAB or Lithonia LED Flood lights under the front eve of the building on existing light boxes.Light fixtures are to be white in color. 39 Waft LED 120 Volt 5000K Light fixtures are to coincide with fixture design currently allowed by the City of Palm Springs. ._.. ............... .._..... TOTAL $775.00 Accepted By Accepted Date RAB LIGHTING FFLEDI8NW/PC FUTURE FLOOD 18W NEUTRAL LED + 120V PC WHITE $221 .40 2051 N Victoria Rd Palm Springs Ca 92262 Lich 786637 alexander9836@gmall.com 7603333585 Navarro's Painting Estimate For. Elena Estimate No: 1 232 N Palm Canyon Date: March 16,2015 Palm Springs Ca 92262 tascNiXion Arnaunt Paint exterior $0.00 Paint eves,paint front of building walls,paint exterior window jams and door jams.Paint front entrance floor Prep all areas were painting will be done all areas will be covered with plastic to protect windows and door jams will be $0.00 scrapped and caulked and preped for painting. Paint and materials are included in price includes 2 coats of finish owner to choose color . $4,000.00 Time Name 3-4 days Indicates non-taxable item Subtotal $4,000.00 TAX(0.00%) $0.00 Total $4,000.00 BEFORE Elena Bulatova Fine Art 232 N Palm Canyon r n lVt. A .ate f��y � �• � xNf y Y 1 . sy t � Y 3 r� $ w `r �?� > <y,°..- r. '� t! '�r'�4.+�' � - d1g �a did ��► � ��� _ " �-�_—_ ir t M k 47 `