HomeMy WebLinkAboutA6383 - MAMA OLA'S SOUL FOOD - REIMBURSEMENT UNDER GREEN EXTERIOR IMP PROGRAM ?
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EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS
GREEN EXTERIOR IMPROVEMENT AGREEMENT
THIS GREEN EXTERIOR IMPROVEMENT AGREEMENT (the "Agreement") is made
and entered into this ZU day of S n e- 2013, by and between the City of Palm
Springs, ("City"), and the _m ,r, O L )/) , l IJ , a
01(F oru��iF(�z �(ti n ("Owner"). Collectively the City and Owner are
referred lo aA the Parties.
RECITALS
A. City has established an Exterior Property Owner/Tenant Improvement Grant
program for businesses within the City limits of the City of Palm Springs
excluding the Downtown and Uptown Business Improvement District Area and
certain neighboring redevelopment project areas, shown in the attached Exhibit
"A", excluded area map.
B. Owner is the owner of a real property/business (circle one) located within the
eligible area at -to Ya, le_ , Palm Springs,
("Property"), otherwise known as (1r,nu L) Id i 4 � �,,
(building or usine ).
C. Owner has applied for a Grant in the amount of $ to make
exterior improvements to the Property as described in xhibit "B," Scope of
Work.
D. Owner 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, the location of the Property, and the approvals, and has approved the
Grant Application.
NOW, THEREFORE, in consideration of the recitals, promises and mutual
agreements contained herein, City agrees to grant to Owner the amount of
S Z, [� and Owner agrees to undertake the approved improvements, under
the following terms and conditions:
ORIGINAL BID
AND/OR AGREEPENT
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 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",
Contractor/Vendor 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.
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 City shall provide a Grant of up to $2,000. The Grant
shall be in the amount of the actual approved expenditure for the improvement
described in Exhibit B consistent with the provisions of the Green Fagade
Improvement Program as adopted by City Council.
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner or his contractor to the
City's satisfaction. 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 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.
& Maintenance. Applicant and 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
750172.1
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 requirements of the public nuisance laws and ordinances of the City
that would otherwise apply. The City has the option to give a warning for non-
maintenance and may provide maintenance of the owner fails to meet City
standards or requirements to avoid nuisance property issues. If City
maintenance is required the owner acknowledges that responsibility for fees
associated with such service. The owner agrees to assume maintenance of the
property should the tenant lease end.
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 United States Postal
Service, 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
Attention: Green Exterior Improvement
Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner: d
Palm Springs, CA 6A-7 24
11. Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by mutual consent of the
parties by an instrument in writing.
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
750172.1
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 shall indemnify and hold harmless, the City, the City
Council, its officers, agents, employees and independent 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 Owner's 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 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.
16. Exhibits. Each exhibit referenced in this document shall be attached hereto
and incorporated as part of this Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
7501 72.1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
City of
aFsprings s
Date: p - 2(pj By:
Cit
Date: By. %1 6�
Assi tant City Manager
Date: l• C1 r7D By: �!
David H. Ready, Es .
APPROVED BY CITY COUNCIL City Manager
ATTEST: 1•1-13 Wl 7 ?ft pah APPROVEDAS TO FORM:
By: By. a� &�
ames Thompson Dougl s C. Holland
City Clerk City Attorney
"OWNER"
Date: �� �� By : R v ,ram 1� I
Date:
� 1
750172.1
EXHIBIT "A"
MAP
750172.1
APPLICATION CHECKLIST
All applicants must provide:
❑ Application (Completed and Signed by Applicant)
❑ If incorporated, evidence that applicant has authorization to apply for program
❑ Verification of Property Ownership, if owner(Title or Deed of Trust)
❑ Evidence of Tenant's Right to Make Improvements, if tenant or lessee (Signed)
❑ Description of Scope of Work
❑ Estimate or Bid, if available
• Copy of Valid Palm Springs Business License (Applicant)
❑ Copy of Valid Palm Springs Business License (Contractor hired to perform work)
No assistance may be provided for any contract awarded before the application is
approved. Once the application is approved by the City, the applicant must provide the
following:
❑ Evidence of required permit approvals from the City of Palm Springs
❑ If claiming cash match, provide verification of funds availability (loan agreement,
canceled checks, etc.)
❑ Signed Warrant from contractor attesting to the green aspects required of the program.
❑ Before and After photos of the project
hereby declare that the foregoing information is true and correct to the best of
my knowledge. I authorize the City of Palm Springs to verify the information to
determine my eligibility and to conduct an inspection of my property. I
understand that as the applicant I will hire the contractor and am responsible for
obtaining design approvals. I understand that the program provides that the City
will reimburse the applicant for work performed, based on submittal of evidence
of work performed and paid, and that the City will not pay contractors or vendors
directly.
Applicant Date
Mail or deliver completed application with copies of required documents to:
City of Palm Springs—Office of Sustainability
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Fax 760-322-8325 or email: Diana.shay(a)palmspringsca.gov or
Michele.micianApalmspringsca.gov
Or mail to: P.O. Box 2743, Palm Springs, CA 92263
Questions please call: 760-323-8214
8
EXHIBIT "B"
SCOPE OF WORK
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750172.1
EXHIBIT °C
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
750172.1
ALMSA� City of Palm Springs
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Community and Economic Development Department
" 3200 E.Tahquitz Canvon Way • Palm Springs,California 92262
a,,o ep nteo,a' + 'I'LL:(760)323-8259 • FAX(760)322-8325 • TDD(76o)864-9527
C.q \P Community Redevelopmenr Agency • Communay Development Block Grant
<<FORNA Downtown Development • Economic Development • Housing • Public Art
June 17, 2013
Reginald Hall
Soul Food Express
898 Gateway Drive
Palm Springs, CA 92262
Attention: Reginald Hall
RE: Green Exterior Improvement Program
Soul Food Express Inc.
410 San Rafael Rd.
Dear Reggie:
The City of Palm Springs has received your application for an owner/tenant grant under
the Green Exterior Improvement Program. Based on,your application, you are eligible
for a reimbursement of$2,000.00 from the City following completion of the work.
The next step is obtain all necessary permits from the City's Planning Department and
for you to enter into a reimbursement agreement with the City. As soon as the
Agreement is signed, you may authorize your contractor to do the work, and when work
is complete, submit proof of payment to the City for reimbursement.
If you have any questions or require further assistance, don't hesitate to contact me at
323-8260 or by email at Diana.shav Wpalmsarinos-ca.gov.
Sincerely,
C./
Diana Shay, Redevelopment Coordinator
P.S. Don't forget to take some digital before and after photos and email them to us!!
cc: Michele Mician, Manager of the Office of Sustainability
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT °D"
CONTRACTOR/VENDOR AGREEMENT
750172-1
Date: July 25, 2012 A�,*�w��
To: Reggie Hall sV�LnnC�
Re: Hall Restaurant and Site Property Making PoLwr Poea bfe
#3235R2
Proposal
Provide and install all necessary materials, equipment and labor to complete the following electrical work. Price is
based on walk thru and information provided by Reggie Hall.
Price to include:
1) Provide and install New LED signage light fixtures to each building
2) Provide and install New LED sconce light fixtures at exterior of each Entry to building
3) Provide and install New LED wall pack fixtures to exterior of buildings for accent and safety
4) Provide and install New LED light standards in parking areas
5) Provide and install New LED signage light fixtures at monument sign
NOTE: All fixture are being install at existing fixture outlets and bases only
TOTAL: $3,048.00
Price not to include:
1) Permits, licenses and fees if any
2) Any necessary patch work
3) Any changes to above-mentioned Scope of Work
Please do not hesitate to call should you have any questions.
Sincerely, (,Y/
Cockrell Electric, Inc Accepted: s
Ricardo Valle Date:
Estimator
590 Oleander Road
Palm Springs,California 92264-1504
760)864-6233 FAX(760)864.6235
Electrical Contractors C-10#725720