HomeMy WebLinkAbout06525 - INTERIOR REMODEL GRANT - THE NEW YORK COMPANY RESTAURANT - NEIL CASTREN ;o�pNLM Sp4
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CITY OF PALM SPRINGS
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PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 24 day of February, 2014, by and between the City of Palm Springs, ("City"), and
Neil Castren the ("OwnerlTenant"). 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 1260 S. Palm Canyon Drive, Palm Springs,
("Property"), otherwise known as The New York Company Restaurant (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. 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. The estimated cost of the work proposed is $61,002.00, 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 $25,000.00 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 OwnerlTenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
Contra ctorNendor 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
$25,000.00. The estimated cost of the work proposed is $61,002.00, 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 3-23-1 D 2
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: Neil R. Castren
The New York Company Restaurant
1260 S. 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. 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: J `� By: t �%" ;.,_ F/ -
om Economic Dev lopment
Date: �ZS r �T By:
Director, C m unity & Economic Development
Date: '1 ' U0�1� B
David H. Ready, Esq.,
City Manager
APPROVED BY CITY CO`UMCIL
ATTEST: APPROVED AS TO FORM:
By:
by. -- il,&,i—
ames Thompson Dougli4t. Holland
City Clerk City orney
"OWNER/TENANT"
Date: a Cn 04, Z j i q BY
Date:
Remodel Grant Program 3-23-10 5
EXHIBIT "A"
MAP
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Remodel Grant Program 3-23-10 6
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EXHIBIT "B"
SCOPE OF WORK
Replace carpeting
Install glass partition in bar area
Lighting fixtures
Window tinting
Interior Painting
Security Alarm System
Drop Drape between bar and dining room
Sound System
Acoustical ceiling
Pin lights over dining tables
Restaurant & bar equipment
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 _X_
If yes, Building Permit #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 8 I
IC?P.L M S,01I -i Springs
City of Palm
Community and Economic Development Department
-f EJ `52 55 ��X
FOR
Dec er 27, 2013
Neil R. Castren
The New York Company Restaurant
1260 S. Palm Canyon Drive
Palm Springs, CA
RE: Interior Remodel Grant Program — 1260 S. Palm Canyon Drive
Dear Neil:
The City of Palm Springs has received your application for an owner/tenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant up to $25,000.00 from the City following completion of the work.
The exact reimbursement grant amount will be defined in the Agreement once all the
supporting documents are received.
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
Cathy.Vanhorn(a)palmsprings-ca..qov .
Sin cer eln
�C(Zthy4V4aHl®rn'/��
Economic Development Administrator
P.S. Don't forget to take some digital before and after photos and email them to us!
Post Office Box 2743 9 Palm Springs, California 92263-2743
EXHIBIT "D"
CONTRACTORNENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
3 , 299 . 00 +
THE NEW YORK COMPANY, INC. 1 = 6 0 0 - 0 n +
1260 South Palm Canyon Drive 7 2 0 - 0 0 +
Palm Springs, CA 92264 1 • 5 0 0 - n 0 +
1 , 550 . ()0 +
January 13, 2014 1 , 5 0 0 • n 0 +
533 . 00 +
Ms. Cathy Van Horn 1 , 9 n n - 0 0 +
Economic Development Administrator 3 , 5 0 0 • 0 0 +
City of Palm Springs 2 , 5 n n - n[) +
3200 E. Tahquitz Canyon Way 5 , 0 n n - n 0 +
Palm Springs, CA 92262 317 , 0 0 0 • n 0 +
2 , 500 . 00 +
Dear Ms. Van Hom:
2 , n00 . 00 +
The following projects relate to the application previously submitted 6 1 ° 0 0 '
under the Interior Remodel Program at The New York Company Resto
-Carpeting of Main Dining Room $3,299.00 3 , 2 9 9 . 0 0 +
-Carpeting of Lower Dining Room $1,600.00 1 , 6 0 0 • n 0 +
-Glass Partition in Bar Area $ 720.00 7 2 0 • 0 0 +
-Lighting Fixtures $1,500.00 1 , 500 . 0 0 +
-Window Tinting $1,550.00 1 , 5 5 0 • 0 0 +
-Painting of Restaurant Interior $1,500.00 1 , 50C, • n n +
-Security Alarm System $ 533.00
-Drop Drape Between Bar and Dining Room $1,800.00 533 . 0 0 +
1
-Sound System $3,500.00 ' 8 0 0 0 +
0 +
-Acoustical Ceiling $2,500.00 3 , 5 0 0 • 0
-Pin Lights Over Dining Room Tables $5,000.00
2 , 500 . 00 +
-Dining Tables $1,000.00 5 , o Or) . 0 0 4
-Dining Chairs $2,188.00 3 3 > 0 0 0 - n 0 +
Patio Heaters $ 425.0( 2 , 5 0 0 • 0 0 +
"4 Table Umbrellas $1,800.0( 2 , 0 0 0 - 0 0 +
Purchase of Restaurant& Bar Equipment $33,OOt) 0 • 0 0 * +
-Upright Freezer $2,3I10.0(
-Kitchen Grill $2,000.00
Please let me know if I can provide you with any additional information with respect to
this application.
Sincerely,
`
Meil R Castren
Owner