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Home My WebLink About10/21/2015 - STAFF REPORTS - 5.B.♦O� P A `M sp4 iy c V N w wR yC�H04RV �O� C'0Ciro% �P CITY COUNCIL STAFF REPORT DATE: October21, 2015 NEW BUSINESS SUBJECT: APPROVE A FACADE GRANT AGREEMENT IN THE AMOUNT OF $5,000 WITH DOUGLAS JONES (INDUSTRIAL BUILDING), FOR A PROPERTY LOCATED AT 1258 MONTALVO WAY, PALM SPRINGS FROM: David H. Ready, City Manager BY: Department of Community & Economic Development SUMMARY Review and approve a Facade Grant Agreement with Douglas Jones, located at 1258 Montalvo Way, in the amount of $5,000 to replace aluminum framed wall system (storefront and entrances). RECOMMENDATION: 1. Approve a Facade Grant Agreement in the amount of $5,000 with Douglas Jones. 2. Authorize the City Manager to execute all documents related to the Facade and Interior Remodel Grant Agreements. STAFF ANALYSIS: On November 5, 2014, the City Council approved expanding the Facade Grant Program to all businesses throughout the City. The action also included a budget resolution approving the appropriation of $250,000 for the city-wide Facade Grant Program. Eligible uses under the Facade Grant Program include, but are not limited to, new frame and window replacement. The Facade Grant applicant has met the criteria outlined in the Grant Program guidelines. The Facade Grant Agreement with Douglas Jones is to install new frames and windows to the entrances and storefronts of the building he owns at 1258 Montalvo Way. The applicant's original proposal was for $19,750, but change orders increased the cost to $22,896. The work was started in April, final payment was made in October, and all other necessary documentation was submitted to receive the grant reimbursement. i i EM NO. % City Council Staff Report October 21, 2015 -- Page 2 Facade Grant Agreement FISCAL IMPACT: The $5,000 grant will be paid from account number 1400-59422. After this grant is paid, the balance remaining in the Facade Grant Program is $118,684. � k&I Cathy Van Hbrn, Administrator Economic Development David H. Ready, City er Attachments: Facade Improvement Agreement and Addendum #1 1. Douglas Jones — Industrial building 0? PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT FACADE IMPROVEMENT GRANT AGREEMENT FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this _ day of 2015 by and between the City of Palm Springs, Community & Economic Development ("City"), and Douglas Jones ("Owner). Collectively the City and Owner are referred to as the Parties. RECITALS A. City has established an Exterior Property OwneriTenant Improvement Grant program for businesses in the City of Palm Springs. B. Owner is the owner of a real property/business (circle one) located at 1258 Montalvo Way, Palm Springs, ("Property"), otherwise known as multi -tenant industrial building (building or business). C. Grant Limitations. The City shall provide a Grant not to exceed $5,000 with a match contribution from the applicant. The Grant shall be 50% of the amount of the actual approved expenditure for the improvements described in Exhibit "D", up to the $5,000 cap. Businesses located on the east side of north Palm Canyon Drive between Tahquitz Canyon Way and Amado Road qualifies for a non -dollar match grant up to $5,000. D. Owner has applied for a Grant in the amount of $5,000 to make exterior improvements to the Property as described in Exhibit "B," Scope of Work. E. Owner 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 $19,750.00, as shown in Exhibit "D". F. 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 promises and mutual agreements contained herein, City agrees to grant to Owner the amount of $5,000.00 and Owner agrees to undertake the approved improvements, under the following terms and conditions: 03 AGREEMENT Property Ownership/Riaht 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 90 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. At all times hereunder, the Contractor shall have a valid City of Palm Springs Business License. 4. Desian Aparoval 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 maximum City matching grant shall not exceed $5,000.00. The estimated cost of the work proposed is $19,750.00, as shown in Exhibit "D". 6. Evidence of Comloletion and Ooen for Business. The Parties agree that the City will release the Grant funds upon the completion of the work by the Owner 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. The business must be open to consumers. 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. 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 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 City of Palm Springs Facade Improvement Program 04 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. MISCELLANEOUS PROVISIONS 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 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: Douglas C. Jones 899 Tamarisk Road Palm Springs, CA 92262 11. Intearated Aareement 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. 14. Indemnification. Owner/Tenant shall indemnify and hold harmless, the City of Palm Springs ("City"), the City Council, its officers, agents, employees and City of Palm Springs Facade Improvement Program 05 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 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. City of Palm Springs Facade Improvement Program W IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. •'City" City of Palm Springs Date: By: Date: By: Administrator, Community & Economic Development Director, Community & Economic Development Date: By: David H. Ready, Esq., Ph.D. Executive Director APPROVED AS TO FORM: A Douglas C. Holland City Attorney "OWNER" Date: By: Date: Douglas Jones f I City of Palm Springs Facade Improvement Program 07 EXHIBIT "A" VICINITY MAP SEE NEXT PAGE City of Palm Springs Facade Improvement Program la L� a, li G , I • • . ''Q_ 'aa. IY""~, r i" Thu: Ln C 7 o>.a N4� m0 Q00 Ln 1^ W .• 1 N r-1 09 EXHIBIT "B" SCOPE OF WORK Remove and install new aluminum framed entrances and storefronts. City of Palm Springs Facade Improvement Program 10 "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) Building permit attached City of Palm Springs Facade Improvement Program 11 r� u Owner Douglas Jones Contractor Douglas Jones :TIM= Engineer City of Palm Springs BUILDING PERMI Building Address: 1268 Montahro Way CosaNo,: Nor Address 1268 Montai" Way Palm Springs CA 3600 E Tacheveh Or Palm Springs CA Address Address Lot0 OWAv had 4 r 9780 La Size Zone 46800 Brlsdhg Sq. Ft. Now 19500 Use of budding commercial Fla 5pdnllbr Undo 0 Garage/Cs porl u Paffnk Angeta LeFranse Technician Phone 780 276 4078 Phone Lim Number 276.4979 Phone Phone Parcel Number 8T7.462-001 Occupancy Rddlad PatioPorah 0 0 Permit Type CommoreialAddWordalbradon Valuation Permit Face Paw 12500.00 332.31 Remodeled Area 0 Cont. Type Fbdum Units Describe wok In delall: Interior partition to divide building Into Wo separate sulles. Suites A and B. SpedblCon itions: DO NOT CONCEAL OR COMB ANY CONSTRUCTION UHnL THE VVOrrK le WSPECTEO IMPORTANT The Issuance crthb Permit ones not be held to be an approval of Ina vabtan of any pr"ans of any city or county ordinance or soda few. Inspec*ms of work sm aublW to sn Wpmved sit at Plain babg on f job. Changes to plane we not lobe made without permlssan ofthe Building and Safely Divisions. The owner wAldr eantrago Is responsible for establishing as property Ines. AI utsitlas must be underground. This pam s will expke swork Is not stared In 180 days or ti more than 180 days elapses between I cartffif that I am famsbrwsh as raqubemenb of the Coy of Palm Springs as they apply ta tirb pemdt and understand that theta re"fmments must be Wnrl prar to nral Mpedan and that no carlstcatan of occupancy will be bsued until such time as these requiraments are mat I owilly blal I have raatlth a Is true andewrod. � )� slZg l l S CrJ� O CTOR/AGENT DATE IS BY Thisb • when pmpary IOad ouL algnao and validated, and Is not transferable. PERMITNUMBER 2015-771 It EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT SEE NEXT PAGE City of Palm Springs Facade Improvement Program 13 MAGIK GLASS AND DOOR 3500 TACHEVAH DR. STE. A PALM SPRINGS, CA 92262 A Division of Maglk Enterprises, Inc. PALM SPRINGS FAX 760.325.1876 760.320.0549 4/1/2015 Mr. Doug )ones PROPOSAL PROJECT: 5401258 Montalvo Way - Palm Springs, CA PLANS DATED: lob walk ADDENDA: None reviewed TITLE 24: None reviewed, compliance excluded FINISH: Class 11 Clear Anodized PALM DESERT 760.346.2707 ALUMINUM FRAMED ENTRANCES AND STOREFRONTS: FRAME SET 1 (Exterior): Kawneer 1600 wall system 1- 2 b4" x 6" Front glaze thermally broken curtain wall for 1" glass at two exterior openings approximately 242" x 111". STOREFRONT DOORS: Two narrow stile doors with 10" bottom rail, glazing stops for 1" glass. Door marks: A, X-0" x 9'-0", HW:1. DOOR HARDWARE (AS APPLIES): Hardware Set 1: Continuous gear hinge, overhead concealed closer, Adam's Rite 1850 Hook Lock, with exterior construction cylinder, interior thumb -turn, back-to-back offset pulls, 4" mill finish saddle threshold, door weathering. GLAZING: GL-1(Exteriar): 1" OA - Y4" gray (11100 reflective coating #2) tempered - %" bronze air space - W clear tempered. Tinted glass with reflective coating is subject to availability. INCLUSIONS: Sales tax, caulking, fasteners and shims, demolition, break metal drip edge at head, basic shop drawings and submittals. Total price Installed, including 9.00% tax. ------- ------ —-------------- ----- ---------------- ------519,750.00 SPECIFIC EXCLUSIONS: Prevailing wages, final keying or permanent cylinders. EXCLUSIONS: Structural engineering with or without wet stamp by Licensed California Engineer, extended installer warranty, permits, waiver of subrogation, payment and performance bonds, liability insurance for mold, night or weekend work hours, protection, final cleaning, energy compliance testing, structural support for curtain wall & storefronts, shower doors, fire rated glass or frames, bathroom accessories, mirrors, ACM Metal Panels, all hollow metal frames by others, skylights, display cases, translucent panels, demolition, and anything not specifically listed above. Thank You, Tim Hicks 760-325-1876 THANK YOU FOR THE OPPORTUNITY TO QUOTE THIS PROJECT. THIS QUOTE IS GOOD FOR 30 DAYS. LICENSE # 686337 14 ADDENDUM #1 Facade Improvement Agreement Douglas Jones 1258 Montalvo Way 1. Final billing — Magik Enterprises, Inc. 2. Photo image of completed work 15 't�ec'd _/'-1&-/5 MAGIK ENTERPRISES, INC DBA Magrk Glass and Door 3500 E Tachevah Dune Sle A Pa m Spr ngs CA 92262 760 325-1876 License IC-171686337 Owner: DOUG JONES 3500TACHEVAH SUITE J PALM SPRINGS CA 92262 Job number #: 5468 Job phase #: o Application For Payment On Contract Final Billing Application 2 Period 072012015 Job Location: Doug Jones-1258 Montalvo 3500TACHEVAH Contractor's Certification Original Contract ............................... 19.750 00 The undersigned contractor certifies that the work on the above named job has been completed in Net Change by Change Orders.......... 3.14600 accordance with the project requirements. and/or plans and specifications to the level of completion Contract Sum to Date .......................... 22 896 00 requested on this application Total Complete to Date ......................... 22,89500 � Total Retained ..................................... 000 Contractor Total Earned Less Retained ................. 22,896 00 Date, Ira i S Less Previous Billings ......................... 10 000 00 P.=91 ► o,�o�. a� ts Current Payment Due .................. 12,896.001 l Balance on Contract ............................ 000 / Contractors are requnedto be Bcensed and regulated bythe Conlraclors Stale License Board Anyquestions concerning the responsibilities of a conlraclw may be referred to the Registrar of the Board whose address is Contractors Stale License Board P O Box 2600 Sacramento CA 95826 1.800.321-CSLB or 2752 Terms- Invoices are due and payable 30DY from the date of invoice AM overdue amolmis will be charged a service charge of 1 B W % per anum Thanlr you for your prompt payrnenp 16 Print Images Page 1 of 1 Routine Seauenee k Paid Date Amount Accoun Serial Caeturg $g4rce WOMB 8215626W2 OVUM W000.00 55355639/9 1026 00007164 WELL$ FARGO� ELALN 1026 SL*MR SCUARE /753N SLR UME WATE YJ� CA i //.�// T/rfam_, (fff 1 16t�nZ2D PAY T/O THE ORDER OFmatlK O)L .� VI � I ,SI )O,00a0u) OOUAM DOUGLAS C JONES TERRENCE a JONES SW TAMARISK RD PALM SPRO40S CA 9228 -5733 https://oibservices.wellsfargo.com/OI B/Printlmage.jsp • S >W in ?� inn ?O D � ocNp n < � D 17 10/12/2015 Wells Fargo StoreVision Platform Page I of t View Check Copy Check Number Date Posted Check Amount 5003 07/30/2015 $10,000.00 WELTS FARGO BANK SUNRL[S"RE 17531143"rUVIIAY PAIN �PMNG7. G[.�6/7 PAY TO TIE ORDEROF pl/L �!;6,f,-<,,-- DOUGLAS C JONES TERRENCE 8 JONES GOOD BUILDING M TAMARISK RD PALM SPROM CA922B2.5n5 5003 1142EM1210 1 � Q Oa(5, Au ' OOLLARS r FS)r 8 .T m m —ZI 0 Drop 0 A Z r� Z CA In -� G 3In'E ' 00 am p i1 z II = AD D !-1 18 https://az-site l .salesandservice.wellsfargo.com/svp/accountHistoryCheckimage.do?date=... 10/ 12/2015 Wells Fargo StoreVision Platform Page 1 of 1 View Check Copy Check Number Date Posted Check Amount Print 1087 10105/2015 $2,896.00 mnmij,B FARGO BANK 1087 SIMtlSE SOUME 1733 N SUNRISE WAY PALM SPROM. CA 92M pA7E �5— e-, �,* 1 w iDOLLARS I"'� 162AH 720 d' ` � �� ll saki � �0• � �- s •��i DOUGLAS C JONES TAMARISK S JONt S M TA9AAR' 699 ISN RO PICA! SPRINGS CA 9zszsrA �a !s e C vC Ty D n -M li of �1 ��v zG,0 M�'-4 � u -0 Z Ln F O c D m � D n 0 19 https:llaz-site l .salesandservice.wel isfargo.comlsvplaccountHistoryChecklmage. do?date=... 10/ 12Y2015 I I 1 � P G �\ lk El