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c4<rf09 CITY COUNCIL STAFF REPORT
DATE: October 7, 2015 NEW BUSINESS
SUBJECT: APPROVE A FACADE GRANT AGREEMENT IN THE AMOUNT OF
$5,000 WITH TAREEF TALALA, FOR A PROPERTY LOCATED AT 266
SOUTH PALM CANYON DRIVE
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
Review and approve a Facade Grant with Tareef Talala, owner of Village Pub, located
at 266 S. Palm Canyon Drive in the amount $5,000.00 to install new signage.
RECOMMENDATION:
1. Approve a Facade Grant Agreement in the amount of $5,000.00 with Tareef
Talala.
2. Authorize the City Manager to execute all documents related to the Facade Grant
Agreement.
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 modification to the
match dollar requirement for businesses located in the downtown construction zone,
and 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 or
replacing signage. The grant applicant meets the criteria outlined in the Grant Program
guidelines.
The Facade Grant Agreement with Tareef Talala, owner of Village Pub is to install new
signage, which was approved by the Planning Department on September 17, 2015. The
applicant has not started the project, but will authorize the work to begin once the
Agreement is approved by Council.
ITEM NO. l�
City Council Staff Report
October 7, 2015 — Page 2
Facade and Interior Remodel Grant Agreement
FISCAL IMPACT:
No additional funding is needed or is being requested at this time. Grant funds in the
amount of $5,000 appropriated in account number 1400-59422. In November 2014, the
City Council appropriated a total amount of $250,000, after this grant the amount of
grant funds remaining is $130,450.
Cathy Vanklorh, Administrator
Economic Development
David H. Ready, City r
Attachments:
Facade Improvement Agreement — TareefTalala
02
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 Tareef Talala ("Owner"). Collectively the City and
Owner are referred to as the Parties.
RECITALS
A. City has established an Exterior Property OwnernTenant 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 266 S. Palm
Canyon Drive, Palm Springs, ("Property"), otherwise known as Village Pub
(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 $11,453.20, 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 and Owner agrees
to undertake the approved improvements, under the following terms and conditions:
03
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 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", ContractorNendor
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 ADDroval 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.
The estimated cost of the work proposed is $11,453.20, as shown in Exhibit "D".
6. Evidence of Completion and Open 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
those being replaced. Owner hereby waives any notice, public hearing, and other
City of Palm Springs Facade Improvement Program 04
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: Tareef Talala
Village Pub
266 S. Palm Canyon Drive
Palm Springs, CA 92262
11. Intearated 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.
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
City of Palm Springs Facade Improvement Program 05
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 06
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City„
City of Palm Springs
Date: By:
Community & Economic Development
Date: By:
Director, Community & Economic Development
Date: By:
David H. Ready, Esq., PhD.
City Manager
ATTEST:
M
James Thompson
City Clerk
Date:
Date:
APPROVED AS TO FORM:
By:
Douglas C. Holland
City Attorney
"OWNER/TENANT"
By:
Tareef Talala
City of Palm Springs Facade Improvement Program 07
EXHIBIT "A"
CONFIRMATION LETTER
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program 08
City of Palm Springs
Community and Economic Development Department
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January 12, 2015
Tareef Talala
Village Pub
266 S. Palm Canyon Drive
Palm Springs, CA 92262
RE: Facade Grant Program — 266 S Palm Canyon Drive
Dear Tareef:
The City of Palm Springs has received your application for an owner/tenant grant under
the Facade Improvement Program. Based on your application you are eligible for a
reimbursement grant up to $5,0 00.00 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
Planning and/or Building departments. You may need to submit a Minor Architectural or
Sign Application, including, diagrams, photos and color pallets.
Once you obtain the approval and received a permit from the Planning Department and
have a signed contract with your contractor, you will 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, please don't hesitate to contact
me at 323-8175 or email Cathv.Vanhorn(c)oalmsgrinas-ca.00v. .
Sincerely,
Cate�
Economic Div opment Administrator
P.S. Don't forget to take some digital before and after photos and email them to us!
09
Post Office Box 2743 0 Palm Springs, California 92263-27-4 i
EXHIBIT "B"
SCOPE OF WORK
Remove existing sign and replace with new sign
City of Palm Springs Facade Improvement Program 10
"C„
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program I 1
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EXHIBIT "D"
CONTRACTOR/VENDOR
AGREEMENT - PROPOSAL - ESTIMATE
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program 14
SIGN COMPANY
PROPOSAL
9-23-15
Company Address First Name Phone Email/Fax
Village Pub 266 S Palm Canyon Tareef 760 323-3265 tareeftalalakDamail.com
Palm Springs CA
DESCD1Pfl0N 0 gun cost con
Fabrication/Installation 92.94"x 31.51" Village Pub Sign Can 1 $10,960.00 $10,960.00
Reference Drawing: Cityl
$0.00
The following is made in lieu of all warranties,
expressed or implied: sellers only obligation
shall be to replace such quantity of the product
proved to be defective. Seller shall not be liable
for any injury, loss or damage, direct or
consequential, arising out of the use or the
inability to use the product. Before using, user
shall determine the suitability of the product for
his intended use and user assumes all risk and
liability whatsoever in connection therewith.
Finished art, mechanicels and signs will be
released for use by the client only. Mechanicals,
original art, sketches and materials other than
signs originated by the designer are the
property of the designer, and will be held for the
client unless otherwise shown. The client
agrees to pay all costs for collection in the event
of default of payment by the client, including a
reasonable attorney's fee. In the event of
delinquent payments, the client will be charged
a rate of 1 112% interest for every month after
the first 30 days. Not Responsible for any
merchandise not claimed within 30 days
This agreement will NOT become effective
until Riofine Neon Sign Company Inc.
receives the final dated acceptance
signature and the required 50% deposit.
$0.00
$0.00
SuDletal: $10,960.00
Sales Tax: $493.20
TOOL $11,453.20
PLEASE PAT THIS AMOUNT TO PROCEED > 50%Deposit $5,726.60
1. SPECIFIC JOB NOTES: This estimate will need to be confirmed agin after reviewing the
site at the time of installation. If any additional elements arise, additional cost will be
applied. This cost does not include any lift charges, extra deliveries, shipping, repairs,
replacements, city permits or any other item not listed in the above stated description.
2.Electrical: Riofine Neon Sign Company Inc. will run electrical within 3ft of the sign. If
power is not available, customer is responsible for running the electrical to the area.
&Installation: Could take up to 2 weeks to complete. Additional visits requested by the
customer after completion will be billed at a rate of stoo.owhour within our business hours.
4.10irawing & Design rssoo.00yaium Riofine Neon Sign Company Inc. will match any logo/
font supplied (EFs/bxF file required) or we will create a custom logo/font and do up to 3
design changes. Additional changes will be billed to the customer at $100.00/drawing.
5.Tax: Based on CA Sales Tax (s%) of all parts and materials used in this project.
6.Deposh: Customer agrees to pay a 50% deposit upon acceptance of this proposal.
7.Balarrce: Payment balance will be due upon completion of sign. Terms: COD
8.Lead-Time: Approximate completion time is (4-8) weeks starting after the 50% deposit
is cleared and all customer approvals have been received. Lead time also depends on
current status of schedule, product and material availability and custom design and
configuration. We cannot be liable for elements out of our control.
9.Warra Signs are backed with a 1-year warranty on parts & labor (exempt from vandalism).
Riofine Neon Sign Company Inc. cannot be liable for any existing signs or structures,
building facades, repairs, permits and/or other components.
❑ Y ® ❑ CASH ❑ CHECK Please make check payable to
Riofine Neon Sign Company Inc.
V
By signing this, I have read through and agree with all the terms and conditions and would like to move forward on this project.
15
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