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HomeMy WebLinkAbout06524 - INTERIOR REMODEL GRANT - BERNIE'S LOUNGE & SUPPER CLUB - GEOFF MCINTOSCH U N °♦ro.... °° ° CITY OF PALM SPRINGS C4<<FoaN`P COMMERCIAL - RETAIL PROPERTY PROPERTY REMODEL GRANT PROGRAM INTERIOR REMODEL GRANT AGREEMENT THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into this 5ch day of November, 2013, by and between the City of Palm Springs, ("City"), and Geoff McIntosh, Restaurant PC East, LLC, the ("Owner/Tenant"). Collectively the City and Owner/Tenant are referred to as the Parties. RECITALS A. City has established a Property Remodel Grant Program for Owners and Tenants of commercial-retail businesses in the City of Palm Springs. B. Owner/Tenant is the owner or tenant of a real property/business (circle one) located within the eligible area at 292 E Palm Canyon Drive, Palm Springs, ("Property"), otherwise known as Bernie's Lounge and Supper Club (building or business). C. Owner/Tenant has applied for a Grant in the amount of $26,000 to make interior improvements to the Property as described in Exhibit "B," Scope of Work. D. Owner/Tenant has received all necessary approvals from the City's Planning,, Building or Engineering Departments, which are shown in Exhibit "C", Evidence of Approval. E. The City has reviewed the application, the evidence of financial participation by Owner/Tenant, 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/Tenant the amount of $25,000 and Owner/Tenant agrees to undertake the approved improvements, under the following terms and conditions: AGREEMENT 1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that it is the Owner/Tenant of the Property or holds Tenancy in the Property which entitles it to undertake interior physical improvements to the Property. 2. Schedule. The Parties agree that all interior improvements shall be completed within 90 days of the date of this Agreement. 3. Contractor. The Parties agree that Owner/Tenant 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/Tenant'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. Desian Approval and Permits. The Parties agree that Owner/Tenant 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 $25,000. Example: if the applicant's interior improvement cost is $50,000 the City Match Grant would be $25,000. If the total improvement cost is $10,000, the City Match Grant would be $5,000.00. 6. Evidence of Completion. The Parties agree that the City will release the Grant funds upon the completion of the work by the Owner/Tenant 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. 7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for obtaining the release of any Mechanics Liens or other liens placed upon Owner/Tenant's property by any contractor or subcontractor hired under this program. 8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues its Certificate of Completion, Owner/Tenant 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 Remodel Grant Program 3-23-10 2 condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. Owner/Tenant 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/Tenant 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/Tenant 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/Tenant: Geoff McIntosh Restaurant PC East, LLC 292 E. 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 Remodel Grant Program 3-23-10 3 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 any other element of damage of any kind or nature, relating to or in any way connected with participation in the Program. 15. Authority. 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/Tenant certifies that the above statements are true and accurate to the best of Owner/Tenant'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. Remodel Grant Program 3-23-10 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" / / City of Palm Sprin s Date: f( 1 4 Z/ / 3 By: Commu conomic Development Date: By: ` irect r, Co� unity & Econ Development Date: Ik ' �� 'l� y* David H. Ready, Esq., . City Manager APPROVED BY CIT(COa�HdCIL ATTEST: APPROVED AS TO FORM: By: By: mes Thompson Dougl s C. Holland City Clerk City Attorney "OWNERITENANT" Date: It By : rV 1 Date: Remodel Grant Program 3-23-10 5 EXHIBIT "A" MAP See Attached Remodel Grant Program 3-23-10 6 Northern • n - Special Economic DevelopmentFocus � a .e s a map I'Nettb.secuwl SpecWEcanW{dc Oevelapm FaunmtW hcran Am i cA� WSn MMP FLn Y.IWP P ((Ye Mil S ;2 S [Slil(t CulrW Y[IU4 r E 3..NYA W011d VttdV Po i OaE p I4.YYPo 2 .Vn IN te/^Y/I e i2 r.Y,.n EYYu uI.Y ( � tvuY ciYY 4 _ EnY.cnuo EnwaWa vau ul.n ww�Y 1 PALM vISU:WND 5t �+ Y v�Y[ ell Wt Mr Cmlf' YI U�Yat Y+1• Iw!VN[ CDIMv SPRINGS dOdm Y'�,.a.w w Wb ama 64.pY © Buxton EXHIBIT "B" SCOPE OF WORK Removal of wallpaper, refinish walls, new ceiling tiles, new carpet, new installed fixtures, new light fixtures. Remodel Grant Program 3-23-10 7 EXHIBIT "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) Building permit required on all or a portion of the work described in Exhibit "B" Scope of Work. Yes _ No If yes, Building Permit # Community & Economic Development Eligibility Letter Remodel Grant Program 3-23-10 8 AO�p A L M SAS c City of Palm Springs Community and Economic Development Department "I GL:(7601 32i-8259 FAX pCU) 32? 8, 15 I DID(i C,O)�'(a ) " �RPOFgt EO Cumm ) ..r.iy D I.. nuns UI 4.C + . �IFORO u,,.,,, En ..E...,R • iEhr:.�„ October 30, 2013 Geoff McIntosh 244 Redondo Avenue Long Beach, CA 90803 RE: Interior Remodel Grant Program —292 E. Palm Canyon Drive Dear Geoff: The City of Palm Springs has received your application for an ownedtenant grant under the Interior Remodel Program. Based on your application you are eligible for a reimbursement grant in the amount of $25,000.00 from the City following completion of the work. The next step is for you to obtain all necessary permits and approvals from the City's Building Department. You may need to submit diagrams or floor plans showing the work proposed. It is recommended that you check with the building department at 760-323- 8242 to determine what permits will be necessary to comply with the 2010 California Building Codes. Please show a copy of this letter to the planning or building staff when you apply for permits as evidence of your enrollment in the Interior Remodel Program. All fees must be paid at the time permits are issued. Once you obtain a permit from the Building Department; have a signed contract with your contractor, you will enter into a Reimbursement Agreement with the City. To complete the Reimbursement Agreement, please provide copies of the contractor's proposal; a copy of their Contractors License and a copy of their City of Palm Springs Business License. When the Agreement is signed you will be notified via email, mail or phone. When you are notified that the Agreement has been fully executed you may authorize your contractor to do the work. When the work is completed you will need to submit proof of payment to the City for reimbursement, as well as a signed job card showing all applicable inspections, including final building inspection. If you have any questions or require further assistance, please don't hesitate to contact me at 323-8175 or email Cathy.Vanhorn(cDpalmsorings-ca.gov . Sincerely, a y Va o"rn- Economic evelopment Administrator P.S. Don't forget to take some digital before and after photos and email them to us! Post Office Box 2743 • Palm Springs, California 92263-2743 EXHIBIT "D" CONTRACTORNENDOR AGREEMENT SEE NEXT PAGE Remodel Grant Program 3-23-10 9 Restaurant PC East, LLC Description of interior work for 292 E Palm Canyon Dr—Palm Springs CA 92264 Removal of two layers of wall paper(which have been painted over)throughout dining area. $3000.00 Refinishing of plaster in the dining area.$6000.00 Repainting the interior of the dining area. $2200.00 Restoration of the missing permanently installed fixtures.$24,000.00 Installation of new window coverings.$4000.00 Removal of existing glue-down carpeting,preparation of the floor.$1500.00 Installation of new carpeting throughout the dining area.$6600.00 Installation of new cabinetry and refinishing of existing cabinetry in the dining area. $7100.00 Replacement of lighting fixtures in the dining area.$1200,00 Replacement of ceiling speakers in the dining area.$1200.00 Replacement of existing ceiling tiles in the dining area.$3200.00 Estimated cost of interior work to be$60,000 3 , 000 - oo + 6 , 000 - o0 + 2 , 200 . 00 + 2a. , 00a • oo + 4 , 000 . on + I , 500 . 00 + 6 , 600 . 00 + 7 , 100 . 00 + 1 , 200 . 00 + 1 , 200 . 00 + 3 , P00 . 00 + 60 , 000 - 0o * + FoamBond Corporation Invoice No. 13-075 255 N. El Cielo Ste. 140-656 Palm Springs,CA 92264 INVOICE Customer Misc Name Rand Howell Date 10/25/13 Address 292 E. Palm Canyon Dr. Order No. 13-075 City Palm Springs State CA ZIP 92262 Rep Alex Chuo Phone (562)857-2300 FOB Ot Description Unit Price TOTAL 1 Tearoff(on A/C pit and on Building 2)/Spray over on rest of Building 1. $11,424.70 $ 11,424.70 iApply primer,polyurethane foam(minimum of 1"), base coat,top coat,& granules. Installation of 2"edge metal on Building 2. 1 Deposit SubTotal $ 11,424.70 Shipping Payment Other Tax Rate(s) Total-Deposit=Subtotal: $12,694.70- Comments $1270=$11,424.70 TOTAL $ 17 424.70 Name CC# Expires Warranty:5 years on materials and labor of installation date(10124113). The warranty is renewable at the end of the term. In the case of another roofing contractor besides Foambond Corporation performs any work on the roof at the noted address, the warranty is therefore void. B & S- CARPETS Invoice 1117 E. Artesia Blvd. Long Beach, CA 90805 owreM57416 IWII12013 800=750-0228 800-573-1444 Fax- 562-428-9650 gILLTCI _� - � SMPTO HMWINVEb`T`A#1 N7'S Rerer c ANN:KmmlAccomma Raab r 29r2 F- pwm CS*yefr Driw . 24J1[1�N� Pplu[S LONG S ACM CA 9M3 P,O_Ner i Thar asr necego+t 292 E Pit�... OESCRIPTKlq Q7Y AYOtW Fww"k ewd iwSmN P*Ag**inr Jokers #Vdd Cani owr 32 oa comwmerOd 2M 6„34 A CAA Cqw Stew"ds1*A.sszssmwwt 10.0 -TO Se/A�` n{kiL THANK )Of FOR YOURCO%7rf ,F-DSL`PPORT ,v TO�� 56,60000 f � 0WO)IOUR AIR CONDITIONING&NEATINB® ahrsys on rts....a ror RW?vsrn Xw1' Addendum to Proposal A Customer Name Date j y' Work Order Address ; City - State Zip Home Phone Cell Phone Email We hereby propose to complete as specified the following. �"��>ci/7�✓� l�lyY.+ Li.. _:f�i -- G,��'.)r LC.-C=>>rf�% ✓'% %��� :7 .Cj r i r.. ef r ICJ mot,- � I' Il{/ (�i /lf� C 7�C� t'r{, /C1� ✓V 7�") ��r _ - tJ/='. .�. 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