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HomeMy WebLinkAbout06526 - INTERIOR REMODEL GRANT - GO DELI MARKET - COSTA NICHOLS PpLM S �Of pQ� Z c U N CITY OF PALM SPRINGS r Cq<<FORN�P COMMERCIAL - RETAIL PROPERTY PROPERTY REMODEL GRANT PROGRAM INTERIOR REMODEL GRANT AGREEMENT THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into this 10 day of March, 2014, by and between the City of Palm Springs, ("City"), and Costa Nichols 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 611 S. Palm Canyon Drive, Suite 22, Palm Springs, ("Property"), otherwise known as Go Deli Market (building or business). C. 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 D. Owner/Tenant has applied for a Grant in the amount of $25,000 to make interior improvements to the Property as described in Exhibit "B," Scope of Work. E. OwnerlTenant 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 $248,408.40 as shown in Exhibit "D". F. 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. Design 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. The estimated cost of the work proposed is $248,408.40 as shown in Exhibit "D". 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 condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. Owner/Tenant shall also maintain all landscaping Remodel Grant Program 3-23-10 2 III 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: Costa Nichols 28850 Avenida Duquesa Cathedral City, 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. Remodel Grant Program 3-23-10 3 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. 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/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 Springs Date: y' By: e&^-2 Community conomic Dev lopment Date: By: recto Com ity & Economic Development Date: will, By: David H. Ready, Esq., P City Manager APPKVM nv r,7,. , ATTEST: APPROVED AS TO FORM: ' Y ames Thompson Dougl C. Holland City Clerk City ttorney "OWNER/TENANT" Date: ? " 3 / By : Date: Remodel Grant Program 3-23-10 5 EXHIBIT "A" MAP See Attached Remodel Grant Program 3-23-10 6 VVJA1 VU tIOCO MV" .. A Pa.YAW.n VAt 3++.M S u E S ya i � e N �.� 4a Mn1'YaMlil �� lRWnrwf a9 Lj 5 � it IYMII _ NI w1N.sh'ni i § NMJ my iii 3 2 N wl rLJN lM! µsip 't�µ � Nti.uh uirnpryV � C 3r11! - ll q f i yip Nab„✓Y, ,`g 4 Ni.a,� ,,; 6J1Yl SJ IO Wip i11IA0 Vi ulawn ..� MM+4^F.M13 wl rsl6 +rr pvb.ary 3 W 4Y^+1Y I G t, L p hMJW."J ryl vnrot�^3 NYu.rl,�5 +7 KI W'.rNl!. ll aMr.V S 2X+/�� fE e !V�lYtl3 VY UCwYtlJ Its ..wea (.y YYYryJ ANIY']�YJ 4 W»r»tlY 8 o Sol* g Ywn+ls oiclur• 1E al�Y1t Mwwn»{ N°iW�l� �IYOlE1N M x]Mpl 6 »Iwq deAYyy C Waln+gd NOWYYi Mat4MV3 N°J.rB3 t� IYJ WIW S �VMiM�aVt iJeN^ardl � � !II W4lY .• NYIiNJ3 m fl HutiR.ulul �' !W+l M.]iW �] MY'rnl p N• j W.sulS ilTn k MYwMI NNwwY P 'lnay b Yll!J . • . . w EXHIBIT "B" SCOPE OF WORK Demo entire space and build out new market & deli, including electrical wiring, flooring, partition walls, paint, ceiling and permanent displays. 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 _X_ No If yes, Building Permit # Community & Economic Development Eligibility Letter Remodel Grant Program 3-23-10 8 Mar 141401:58p Costa Nichols 760-327-7702 p.4 MAE/11/2CWFU 01 :20 PM BEST SIGNS FAX E1o. 1E0 320 20K P, 00B city of Palm Springs BUILDING PERMIT p Building Adt Iress: 611 S Palm Canyon Or Ste 22 Case Nc.i 4.010 Pe'r� Angela LaFranee Sri XW 07J24l2D14 Technician Phone Cos wn il Nichols 6115 Paim Carryon or On 22 760 327 7701 Palm Springs CA Con raclor Address Phone Lic.Number Se Signs 1550 Gera Autry S 760.3203042 524463 CA Am initect Address Phone Ein inner Address Phone Lot d 6lock N Tract P. t Number 51 290-014 L01 Size Zone O pancy Building Sq.FL GaraOer-amod Round PalJoi Remodeled Area N w Fbtture Unhs Use of building Permit Type Cvnst.Type Co rinnemlal Electrical Perm Fir Sprinkler Units Valuation Permit Fees Paid 1100.00 76.36 Oe:enbe vroru in belled: Ell cUfcalconneetioli for rtew sign. Ut ecialCondiliami 1 DO Nor CONCEAL OR OVER ANY CONSTRUCTION VNnL TnE VrORK 6 WIDECTED IMPORTANT Issuance yr this panne shall nol be held to Dean approv iiof the violation of any pmgeiorn of any city or county ordinance or stale I". Ins mcti.ns of work are ambled loan approved set of plans b ng on the job. Changes to plans as nel to be made withoutpermissivr grin.gulding and Sasly Divisions The owner andfor ocntmi is respgmdbA for establishing a I property lines. Alt utirdles must be uedemmond. This permit wilt ettplm Nwork is rot started in 160 days or it m then 180 days elapses between 1:15p,actlons. I ednify that t am familiar with all requirements of the City ofP i m Springs as may apply to this permit and understand that these requirements must be Pec�r1p�plel Tior to find Inspection and that no certification of upancy w81 be isaued unfit such time as t requirements are met I certify that i have realtthi ep ilvad and state that the information is true and rrecl. NE TRACT AG NT DATE ISSUED eY Fimsed when edy filled vu1,signed and Val We d,and is not transferable. PERMITNUM6ER 2014-557 O�pALM SAS Cit y�c y of Palm Springs Community and Economic Development Department ' * 3200 E-Tahgnirz Canyon',Vay Palm Spriggs,California 92262 ♦ �eo"'oxAIEo + TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-957 P Cnmmunty Aedevclopmenr Agency • Comm block Community Development Grant Cg41FOR�� Doanmwn Development • &nunmlc Development • Housing • Public Art December 10, 2013 Costa Nichols 611 S. Palm Canyon Drive 28850 Avenida Duquesa Cathedral City, CA 92234 RE: Interior Remodel Grant Program —611 S. Palm Canyon Drive Dear Costa: The City of Palm Springs has received our application for an owner/ten yant 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 2013 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 Cathv.Vanhorn(o)Dalmsprinas-ca gov . Sincerely, &athyVan Horn Economic bevelopment Administrator P.S. Don't forget to take some digital before and after photos and email them to us! Post Office Box 2743 0 Palm Springs, California 92263-2743 EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT SEE NEXT PAGE Remodel Grant Program 3-23-10 9 DESERT SUN CENTER LLC TENANT IMPROVEMENT '. GO DELI MARKET/COSTA NI[HOLS ' — - -- -- CONTRACT CHANGE - - NAME DESCRIPTION OF WORK AMOUNT REIMBURSABLES ORDER TOTAL AR[HITEKTON Architectural fees and reimbursables $ 26,000.00 5 1,899.15 $ 27,899.15 ARCHITEKTON/HOMAYON MOAVEN reimbursement for labor $ 920.00 $ 920.00 —_ CITY OF PRIM SPRINGS Permit fee $ 4,905.8] $ 4,905.87 DESERT MANNING Demo,framing concrete,drywall $ 13,050.00" $ 2,620.00 $ 15,670.00 SPARTAN CONCRETE electric sawmt/compressor demo/haul $ 2,O75.00 �$_ 630.00 $ 2,706.00 AC PLUMBING demo,removal and ca0 up of existing water,gas&waste $ 13,660.00 502.00 $ 14,162.00 BURRTECWASTE temporary toilet rental $ 353.54 $ 353,54 VIA ELERRIC completed the new conduit and wiring $ 16,000.00 $ 5,882.33 $ 21,882.33 GUILLERMO VIERA SANCNEZ Hand railings for handicap and railings for the two stairs 5 2,SOO.00 i $ 2,500.00 BEST BUY RESTAURANT refrigerated counter,sink,work table,walk-in cooler 5 79,950.32 $ 79,950,32 AMILCAR PAINTING/IDANUL ESPINAL Painted the walk-in ref,Incument room,metal interior 5 4,431.00 $ 1.345.00 $ 5,776,00 DECS FLOORING Furnish and install LVT and Sheet Vinyl $ 23,650.00 505.00 $ 24,155.00 VBI_DOORS doors,hardware,bathroom accessories $ 7,624.00 130.00( $ 7,494.00 DESERT AIR CONDITIONING installed new thermostats and re do ductwork $ 4,907.00 i$ 2,267.00 $ 7,174,00 DESERT REPROGRAPHICS printing $ 214.12 _ $ 214.12 SET IN STONE setting core base in storage and utility room $ 500,W _ $ 500.00 —._ ADVANCED INSTALLATIONS rebuild that ceiling around bathroom,etc. $ 7,944.00 2,049.00 $ 9,993.00 BREEZE AIR CONDITIONING fabricated and installed(2)counter tops $ 2,500.00 $ 2,5W,00 DESERT FIRE EXTINGUISHERS fire sprinkler systems,drain $ 3,756.92 3,756.92 MAGIK ENTERPRISES installed tempered glass $ 725.00 '.$ 255,00 $ 980.00 SOUTHERN CALIFORNIA ELECTRIC lamp emergency,fuse,etc. $ 1,996,75 $ 1,996.75 NAPA TECHNOLOGY wine station self-service equipment $ 12,7 12,758.00 — ._. _- -- SECURIKEYLOCKSMITH deadbol[,rekey -. _- $ 162.40 $ 16Z40 t TOTALS $230,581.92 $ 1,899.15 $ 15,925.33 $ 248,408.40 Mar 141402:1Sic Costa Nichols 760-327-7702 p.1 t Cwl+y I/* Best Buy Restaurant Equipment 72120 M inufacturing Rd. Suite C Invoice BESTBUY Thousan I Palms, CA92276 1 T (760) 2 t3-0555 • F (760) 343-0777 12rrl2013 1D4613 Desert Sun Center, LLC Desert Sun Center, LLC 611 S. Palm Canyon Dr. 611 S. Palm Canyon Dr. Palm Springs, CA 92262 Palm Springs, CA 92262 17212 Due on receip EG 12/20/2013 Best Buy Frpgh 1 Installation Labor,erectwalk- 3,450.00 3,450.00 Installation Labor,erect walk-in box an job ite,walk-in hang coil(cot Suppacd by BesIBUY) 1 Installation labor,retdgemti 5,175.DU 5,175.00 Installation Labor,erect walk4n box anjob 1 ite,wak4n hang coil(wil Supplied by BestBuy) 8.625,00 1 Indoor Waken Cooler,8'x 40' 9.120.00 9,120.00T Indoor Wak-In Cooler,8'x 40'-1"x Thigh, loorless,26 gauge stucco white interior and eld 1 Medium Tamp Carndens'i g Unit, pr 3.850.00 3,550.WT Medium Temp Condensing Unit,pre-asser led high ambient,hermetic remote refrigeration,38.042 3 (QUICK SHIP)Madiurn Temp Evapor 998.00 2,994.00T (QUICK SHIP)Medium Temp Evaporator Coil,for R404 Hermetic Condensing Units, 16,D00 BTU Q suc 1 16 Merchandise Doors for oocler 18,279.00 18.279.00T 16 Merchandise Doors for molar,to includ i Doorframe,Shelving and LED lighting. 30DOOR 2 Hand Sink,wall runt.12-1/2"L 185.40 370.80T Hand Sim.wall mount,12-1/2"L x 9.314 5-518"deep bowl,includes wall moult faucet,welde 1 Am an[aO Commercial Microwave Ove 337.77 337 77T Amarmg Commercial Microwave Oven,co ntertop, 1000 walls,10 min.dial timer,4 Power level,st 1 Double Duty Deli Case,96' 6,256,62 5,255.62T Double Duty Deli Case,see-Uru,Low-E gl front&(3)rear doors,white aluminum interior with co 1 Produce Open Merchandiser,75L 6,501.71 6,501.71T Produce Open Merchandiser,75'1-,78.112' i,endless design,self-contained refrigeration,(3)r0 1 Produce Open Merchandiser,75'L 6,50171 6,501.71T Produce Open Merchandiser,75"L,78-1 ,endless d refrigeration,(3)ro 1 Prep Sink,1-compartment,24'W PaymentsilCred1 426.27 428.27T Prep Sink,1-compartment,24'W x24'L x 'D bowl,2 includes strainer Total Balance Due C FY'II/1.Yf.YF.Y'MAI.I.IJYlIVF.RIf�'F/1R UA'/Al:£.8'iF[)Rf..PK:N�1YLh (:�M)NTIIY�IbCC'MFNI4.ASJ%DllQS/TLYRFb'UIFFDFOf[/PT1PHCfA/.0/(!)A9tSAIlt]RF Y/ASNG%H� O EP.lO THE FF.CTOKYANU rHE AEMAMLNG BALIINE UPON Iu"rryER BUtl1S,WlTY1L'KEU L'PfNWIWYS'FNIIIGASIT:SA�wIIY.ASIDNA�E FEE IU.P F.OUA.:rC)Sll%OYPL11C:rL6Yi YW PEkHOF'rH.RiLEOFHER(7L1hURE BIIdfl ItF2AAL'i THEPKOP' PGiil7BUY NESTAVNAMSVI'1'Lr UA71LFUlLPUk[JGSE PPK'EISPAID.ABP:STIX'KFEEE fIF'iS%PLUSSN1PPlNG CU51]NGI.BF.AJ3-14ilJ F[N:wNY.(YFCNr.ORIJRN(NUN.TXq NP. 1liZx'YUTGNA.5 RFnxNFJI rn TNF.NAM.'FA(TOP.FR.L19119i rF]Pl]!I�MIN RtT1ANARI.F.ANFM'lN Rf JNIJAAlJMI ISTI%K PNO XJ'AFT,V=SM'HA.SFRA,NYRALWS AEAPPKOYEDBYBh'ta,U Bl,'JANAATL nIIIflN 30 aAY50FPllaCHAST..lNI/SOAIG)NALPACKN.NOR,.SNU 1NOPLGINA%CONDnNML All./YAXXAFTTFSARENA.�'UFAC]LWfJY.SW FS BL/.S(EUY_SSjP1.nUC7Vr70 FYN(/Hy,yFXCHr:hDITFIM'FF.'('ISV'OIlAC>T mrYROIJIR.'/SNUR rgNBE [µ�SO]r PAOaU[Tmt)L HJAM Mar 141402:19p Costa Nichols 760-327-7702 p.2 F. BestBu Restaurant Equipment 72120 IV Imufacturing Rd. Suite C Invoice BESTBUY Thousar iPalms, cA s227s e 12 zancl3 104613 T 760 3-0555 - F (760) 343-0777 Desert Sun Center, LLC Desert Sun Center, LLC 611 S. Palm Canyon Dr. 611 S. Palm Canyon Dr. Palm Springs, CA 92262 Palm Springs, CA 92262 I 17212 Due on receil EG 1=012013 Best Buy Freigh 1 8'Faucet%014"Spout NO LEAD W 8" 41.77 41.77T 8'Commercial Wall Mount Faucet vdth 1 Spout(no lead) AA-714G 1 Hand Sink Drop-in 100.22 100.22T Space Saver Drop-In Hand Sink deep 6-' I" HS-13171H 1 Food Shield,cafeteria style,16x60 1,467.78 1,467.76T Sleek?Food Shield,cafeteria style,15"x 18"tan with glass top shelf,114"heat to 1 Utility Shelf with Mop Hanger,Bs24 299.34 299.34T Utility Shelf with Mop Hanger,8'•x 24", 1 stainless steel US0824-16/3 1 6 DOOR LOCKER 6 DOOR 154.65 154.657 6 DOOR LOCKER EL-GDR 1 Industrial N2 Series Air Ou 36"36" 588.00 588.007 Industrial NSF N2 Series Air Curtain,fo wide door,Unheated,(1)112 HP motor, 115v/ 1 Level 1 control package 50.40 50.40T Lewd 1 control package,line voltage,corn "nation plungerlrorer door limit switch,for instant onlofr 1 Freezer Merchandiser,49"115v1208-220 4,216.78 4,21678T Freezer Merchandiser,bw we ion,49 cu. L,self-contained,(2)triple pane hinged gl 1 Reach-In Freezer,onesedbn, 1,739.43 1,738.43T Reach-in Freezer,one-section,23 cubic ft,A capacity,(3)shelves,top mounted 50 contained r 1 Ice Merchandiser,one section, 2,138.82 21138.82T Ice Merchandiser,one-section,without 12' ank,(54)81h.hag cap.,vinyl exterior, white ime 65,436.07 PS CC Sales Tax 9.00% 5,88915 Tax item used for transactions created in ickBooks POS 0.00% 0.00 Payments/Credi S0.00 Total $79,960.32 Balance Due $79,950.32 hUflY CHECICALLDILr}pJFj}TJR DAMAIiG HL'FUAL'WN1AC MI ANO.YIC'SLV/AM%IXA^INF V/S A:nY fjoJ LTM RA(NII4F1>F(IRAM'.SPFIIA1.ORIJ/FSAAFOR£P/AYtiG nIG ( b'RIU]HL'YLC7TJ1flANDYHF.'RYNRiNl+\IiaLLANCE't1YUN lJFJ.+Yfw! 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