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HomeMy WebLinkAbout06302 - THE SHOP REIMB AGR UNDER GREEN EXTERIOR IMP PROGRAM �O'pALM SA9 iy V N ° P' CITY OF PALM SPRINGS 4<<FORN� EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS GREEN EXTERIOR IMPROVEMENT AGREEMENT THIS GREEN EXTERIR IMP OVEMENT AGREEMENT (the "Agreement') is made and entered into this 2i_day of N Ol'd . by and between the City of Palm Springs, ("City"), and the Ve-1 {-ZQn TC�kn ),n -, a ("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 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 propert (circle one) located within the eligible area at L401f, 561 4 TO I I Palm Springs, ("Property"), otherwise known as 7—hP Shop (building or business). C. Owner has applied for a Grant in the amount of $ 1526, Co to make exterior improvements to the Property as described in Exhibit "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 greement�ontained herein, City agrees to grant to Owner the amount of and Owner agrees to undertake the approved improvements, under the following terms and conditions: C ,G, ,\n, RID ,- -•,a-ti.)T 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 JoC 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. 8. 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 Oistak 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: K2( �an JOknson S :o l Palm Springs, CA Z 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] 750172.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. City Palm gs Date: By: �� r City of Palm S rings Date: /2.2 19, y� . Assistant City, pager Date: i�2g�10�3 Bye �' vid H. Ready, Esq., PhD. APPROVED By CITY COUNCIL City Manager ATTEST: Nt7 aabl1 Lk-2-4-�� APPROVED AS TO FORM: By: I� By: James Thompson Douglas C. Holland City Clerk City Attorney "OWNER" Date: Z By : t Kt{oY. "SQL.- sor. J ° Date: ( J 750172.1 EXHIBIT "A" MAP 750172.1 L .7v 41�Iff' -W—v Mm w4 u. .......... ®r jLOK am p2gs -T jo wpo Wq -2, pava WARRH(4 7Aaft gAua uw3A&=Ma mmu plug ownu pm VvGH se VWN opmv mid snqluv Nzvu ri 3mm a#p saps qpq waaua wAmo ... mqmq p Pam fam Umamo M&RKL 422M atilt 3WIS IM OD aWG WrOSUft 4mm -V p sR= qwq no pol obyV p won PUB peou MXUIH p Vm VWH OPIUM 4;;W OT SWU qPq BINDF PWH okv p wm Pam plou W=u p wm �mM mikua unp% 1pans -V p sapts *oq gionv ama qmapv.L p ignm PON PON wwap*=-.,am MAW3 Dared w samounrut IF SN pompp mm pmm MMOAMdRi SmMma -T U! pwom mmmm% -Timm an SSW* • Ir,�ft- (3d mpa p 4.0 ap p wagpwm)q di-M PRO I-W ap U.RFM p2p:pw MPAUJ TIV :S3RwmzfloH lbrim (mo)wvaoolm AN331MIOMM 3c OV3 N3MM EXHIBIT "B" SCOPE OF WORK SiSP-A�e 5"c>nce a'-\ Q JaL vat 750172.1 SIGN COMPANY 68895 Perez Rd. 1-18 Cathedral City, CA 92234 Tel:760-322-6366 Fax: 760-321-2682 license#689256 � A. B. 8-25-11 Job Name THE THE THE SHOP ISHOpX S H O P Job Address T H E SI Type C. D. S H O p Sign Ideas for Your �C S O^ Review... ` N Colom BA T E. EN E S /1 THE - THE Lighting DescrjptionOX w H G . P TBA (v` SHOP Sign Artist: H . TH4 THE " S P Drawing # 1 Approved with Changes Date Final Approval Date DISCLAIMER:All Ideas,designs and arrangements indicated or represented by this drawing are owned and property of Riotine Neon Sign Company Inc.They were created,evolved, ©COPYRIGHT PROTECTED and developed only for use on and In connection with this specific project.None of such ideas,designs or arrangements shall be used by or disclosed to any person,firm or emmnrafinnfnr nnv nurnn-a urha}enavar uriM-,x..r.i»-n n-r. 1—i-- a.h-..-.--w-.-a-.,--...»..................r--.-:-d,-...:__.r__.....M v_uu_+_.__:__:__.__ ,_:_ -- EXHIBIT "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) 750172.1 O�QpLMgA� City of Palm Springs Community and Economic Development Department * * 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262 c ,t TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 a �^ C 0910RAi F0`a . y �P Community Redevelopment Agency • Community Development Block Grant OF RNA Downtown Development• Economic Development • Housing • Public Art December 17, 2012 The Shop 406 San Rafael Rd. Palm Springs, CA 92262 Attention: Kelton Johnson RE: Green Exterior Improvement Program The Shop 406 San Rafael Rd. Dear Kelton: 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$1,526.00 from the City following completion of the work. It appears from your application that you have already received the necessary permits and approvals from the City's Department of Planning. The next step is 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(a)palmsprinos-ca.00v. Sincerely, 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 12� � City of Palm Springs For citI use only Department of Planning Services 3200 East Tahqultz Canyon Way, Palm Springs, A 92262 Phone: 760.323-8245^Fax: 760.322-8360 T r ip P R 0 SIGN PERMIT- SI / S R# p r —t/ 0 [ 3 Z 3 Sign Address yo4 Sa,�, Kja2.� ti�M din 5 Z11 APN &g 30-D/ Zonesll�Section ownship� Range Gen. Plan _ Business lame Date Submitted Applicant__c Sao t-e of Phone 7�0- G Fax VVE-mail Submittal Items: 1) Scaled drawing of sign showing size, height, colors, and materials (3 copies) 2) Photo showing location of existing and proposed signing on the building (3 copies) 3) Free standing signs require a plot plan showing location in relation to structures (3 copies) 4) Materials and color samples- no larger than 14" x 8 'W x 3/8" board Type of Sign: _Subdivision _Trade Construction IlPermanent Main _Pedestrian Directory For Sale/Lease Permanent Pedestrian _Convenience _Temporary A-Frame/Menu Board Designer: Sign Company . Representative Street Address City, State, Zip Phone Fax E-mail Address Design: Number of Existing Signs D Square Footage for Each Number of Proposed Siggns Square Footage for Each Materials Sc,�f/rc.-f'� Colors Type of Lighting 5T7NeS Location and Method of Mounting 6 Height of Freestanding Sign it w Linear Frontage of Business _ Valuation of Sign(s) Permit Fee Microfilm Total Conditions of Issuance -To be completed by Planning Services Department following Council action: 1) All signs must comply with City Council conditions and section 93.20.00 of the Palm'Springs Zoning Ordinance found at www.qcode.us/codes/paimsprings 2) All signs must comply with the Uniform Building Code. 3) All exposed neon shall be equipped with a manual dimmer to establish light intensity. 4) Any non-approved signage must be removed. 5) Prior to final inspection, the applicant shall be required to completely remove the old signs and patch, repair, and restore the building wall where the old signs were removed to its original appearance 6) All signs on Class 1 Historic Sites must be approved by the Historic Site Preservation Board 7) 8) NOTE: Any and all oversized plans must be folded to letter size (8 %x 11) THIS PERMIT IS ISSUED CONTINGENT UPON REMOVAL OF ALL NON-CONFORMING SIGNS ON PREMISES Owner or Contractor Signature Plann' g Services Signature Date of Approval Account Numbers _I 001-32205 001-34308 x tES1'i ka"�235',i` 4R"ztl7E v r- y y41q y, - i4' kj„ 11 A I 5 r�rt 1 11 + { ff c/ OHS 3H1 " a � a _—• b t r � 13 ^ u'•� "J`t'k ( s'ii't�Y' tr b' to i i,t, r^" tr:p5 k {v�+{V r �x43aJ�. 4 I u 't r a d y p,e 1 t Y 4 �+ y c' Y Y , u $x :;( dt f' , v , xEtV f�{ �1t�' >"''try�'w� ` '..+1•.Rtg4 u�}) ". "f`+fti aigs a' .n, trl4vi : rtti 5�s -� �45' n r4"Fx '�I'��f' �•{ � � x: i ��y AW43 ✓. xr.� � � ' i S�S�' � �� 4 'Y *�"�`r' i y't' I{��. R A"N Y y�s Y, r :' �''l�h:; tw. :1. tA9a t I t }'I{. �' 4� 1 ✓+ J t 'a.s (k4'S,`.e "'i} 'r 3 ?_ ,.t 5�ur:+ a?� VA A r I A tMz't`k �h }Rvs^ � j�d r.� ���+ i 'Tre'T<\ y 3r 2 Rj•i yu +eta �+.oz'r d'4 3 t �1v J e :2 �+ � yit YF `� ta.,- S d'� A� �R t ��i� 'F t�Yx� 4rh .• 1°'� x�J „Sr i 9 � FJ €a': Wit wg � n.`A. T i{.��IYi{F^:;"i `�. 4 ¢ .'�4 b:.�:�lf �v'uu� `1 .�r:�� �y .syl�'i��` MY ,a � vrL�,�� E�,� t�r•;�y€,.*.�hx.ala"$ '� _"3 ` vq l \ N w-'Sr'r�h-�' : x ,q;a'�y s? �; t -�z i t N} �"k� `s G 7v�{ Ya '�`�,yv s rat•�+1 a'�. t 1�r�#'� EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT 750172.1 Date: July 25, 2012 At/■AI�r To: Kelton Johnson Re: The Shop Making P°xrer Passible #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 Kelton Johnson. 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 NOTE: All fixture are being install at existing fixture outlets and bases only TOTAL: $ 2,289.00 ^ ° bt7 Price not to include: L9dh. " �T� 1) Permits, licenses and fees if any 2) Any necessary patch work C' 3) Any changes to above-mentioned Scope of Work Please do not hesitate to call should you have any questions. Sincerely, Cockrell Electric. Inc Accepted: l " 0 Ricardo Valle Date: vl_l ZS /Z Estimator 590 Oleander Road Palm Springs,California 92264-1504 760)864-6233 FAX(760)864-6235 Electrical Contractors C-10#725720