HomeMy WebLinkAbout9/2/2015 - STAFF REPORTS - 2.Q. { FpALMSA4
iy
V N
♦ f
°q<rFORN'p CITY COUNCIL STAFF REPORT
DATE: September 2, 2015 CONSENT CALENDER
SUBJECT: APPROVE TWO FACADE GRANT AGREEMENTS ONE IN THE
AMOUNT OF $4,232 WITH ELENA BULATOVA FINE ART, LLC, FOR A
PROPERTY LOCATED AT 232 N PALM CANYON DRIVE, AND $5,000
WITH DANIEL VILLANUEVA, JR, FOR A PROPERTY LOCATED AT 145
N GENE AUTRY TRAIL, PALM SPRINGS 92262
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
Review and approve two Facade Grant Agreements. The Facade Grant Agreement with
Elena Bulatova Fine Art, located at 232 N. Palm Canyon Drive is in the amount $4,232
to repaint the exterior building and replace a damaged window. The Facade Grant
Agreement with Daniel Villanueava Jr., located at 145 N. Gene Autry Trail is in the
amount of$5,000 to install new signage and an awning.
RECOMMENDATION:
1. Approve a Facade Grant Agreement in the amount of$4,232 with Elena Bulatova
Fine Art.
2. Approve a Facade Grant Agreement in the amount of $5,000 with Daniel
Villanueava, Jr.
3. 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 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
signage, awnings and repainting buildings. Businesses located on the east side of '
ITEM NO.�—
City Council Staff Report
September 2, 2015—Page 2
Facade and Interior Remodel Grant Agreement
north Palm Canyon Drive between Tahquitz Canyon Way and Amado Road qualifies for
a non-dollar match grant up to $5000. The two Facade Grant Agreements meet the
criteria outlined in the Grant Program guidelines.
The Facade Grant Agreement with Elena Bulatova Fine Art Gallery is located within the
downtown construction zone, and is eligible for the full grant, without the dollar match
requirement. The applicant obtained two bids to repaint the building and choose the
lower bid in the amount of $4,000, plus glass/window repairs in the amount of $232.
The second bid estimate totaled $5,000. The applicant has not started the work; the
total grant request is $4,232.
The Facade Grant Agreement with Daniel Villanueva, Jr., owner of Balisage Bistro is for
new signage and awnings. The applicant enhanced the visibility of his business —
investing $10,029 to install new signage and awnings. The work has been completed.
In addition to approving the Agreement, an addendum is attached with a copy of the
paid invoices, canceled check and photo of completed work.
FISCAL IMPACT:
No additional funding needed or is being requested at this time.
Cathy Van Hbrn, Administrator
Economic Development
David H. Ready, City er
Attachments:
Facade Improvement Agreement— Elena Bulatova Fine Art, LLC
Facade Improvement Agreement and Addendum #1 — Daniel Villanueva, Jr.
02
a
U N
•'Dune`•
PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT
FACADE IMPROVEMENT GRANT AGREEMENT
FACADE IMPROVEMENT AGREEMENT
THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered
into this 17 day of June, 2015 by and between the City of Palm Springs, Community &
Economic Development ("City"), and Daniel Villanueva, Jr. ("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 in the City of Palm Springs.
B. Owner is the owner of a real property/business (circle one) located at 145 N. Gene
Autry Trail, Palm Springs, ("Property"), otherwise known as Balisage Bistro
(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 $5,000.00 to make exterior
improvements to the Property as described in Exhibit "A: Confirmation Letter and
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 $10,029.00, 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
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. 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 maximum City match grant shall not exceed
$5,000.00.The estimated cost of the work proposed is $10,029.00, 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
City of Palm Springs Facade Improvement Program 1 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 parry 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: Daniel Villanueva, Jr.
Balisage Bistro
145 N Gene Autry Trail
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 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
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 06
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
„City„
City of Palm Springs
Date: By:
Administrator, Community & Economic
Development
Date: By:
Director, Community & Economic
Development
Date: By:
David H. Ready, Esq., Ph.D.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"OWNERrfENANT"
Date: By:
Daniel Villanueva, Jr.
Date:
City of Palm Springs Facade Improvement Program 07
EXHIBIT "A"
MAP
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program 08
% ,t
.j � �• tw�� 1
5: ,r+
Gov
r
r VV J
! J
AISe � ,ate � , � � �►t::- '.R _
r sir �
-Tahquitz Canyon Wa I ,yC ; ...�
Its" • CF W
.. . qw
. a. i t �.•:
� v..
F'... 'Palm Sprin
Colorado esert t_M so?ot =v y
� It 1%- Kart Douglas Wry r i'
IM
+ ° Kdgua Callente IndianeservationN
,•w '0%09 W � rport Center Dr
Exam ' Colorado Desert ,
ont E Ramon Rd
EXHIBIT "B"
SCOPE OF WORK
New awning and new signage
City of Palm Springs Facade Improvement Program O
"C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program _ 1
UC'4LJF00"'
CITY OF PALM SPRINGS
Department of Planning ServiC S CITY OF PALMSPRINGS,CALIFORNIAPIANNINC 9frA:.;TMtry7
3200 E.Tahquitz Canyon Way, Palm Spri gs, CA 92262 AFF APPROYA.
Tel 760-323-8245-FAX 760-322-8360
Staff Signature pr.,
For Staff Use Only L / ❑ ftCon ilions asfollowa:
Case Number:
In-Take Planner:
Date: CITY Cr PALM SPRINGS,CALIFORNIA PLANNING DEPARTMENT
1 // r STAFF APPROVAL
ot
SIGN PERMIT / SI N� GRAI —oats
-------_ ❑ wish Conditions as brows:
PLANNING / ZONING GENE L 31dA FILQ�I OW
TO THE APPLICANT: Please fill out information requested be +� inniarnpn ai
application.
Project Site Information: z G
Sign Address: II A T � li �� C
Business Name:
Applicant's Name C ,�yt Ty1r.
I
Phone # -1(nD .�o2j��,, y� Email:
Ll
(/ �iiY l.ii✓1C• Cdf�n
APN: 77- - �� Zone: Section/Township/Range,./ /S
Type of Sign:
Permanent Main Temporary / Banner (] Portable Open Sign
For Sale / Lease Sign (] Subdivision 0 (A-Frame Sign) (]
Sign Design: 2
Square footage of sign: S 4 ft. Number of proposed signs: CrfFi4u
Linear frontage of business: Z�O ft. Color of sign: SV><{',w, u,, 1 lm}_VN- LW 6
Height of freestanding sign: Yh (C-- ft. Materials: i " S{ e I,C
Number of existing signs: Type of lighting: sh
Sign Designer:
Sign Company: S i
Address: <SU
e m vN e v1
Phone #: 1 Email: I ;✓a laS-rSi Os'rrnL. 64tti
Conditions of Issuance: V
1. All signs must comply with the PSZC Section 93,20.00
2.
3.
4.
Applicant's Signature Planning Approval Signature Date of Approval
a,ys
EXHIBIT "D"
CONTRACTOR/VENDOR
AGREEMENT- PROPOSAL - ESTIMATE
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program 13
BEST SIGNS, INCORPORATED
1550 S.Gene Autry Trail
Palm Springs,CA 92264
Phone: (760)320-3042
FAX: (760)320-2090
PROPOSAL
PROPOSAL SUBMITTED TO PHONE DATE
BALISAGE BISTRO (760) 406-4565 6/2/2015
ADDRESS JOBNAME
145 N. Gene Autry Trail Storefront Signage
CITY,STATE,ZIP JOB# LOCATION
Palm Springs, CA 92264 1506-48101-PS
We hereby submit specifications and estimates
Quantity Description Price Extended Price Installation
1 BSI to fabricate custom architectural wall panels of all $5,800.00 $5,800.00 $1,100.00
aluminum construction consistent in scale and design as per
renderings and specifications dated May 26th, 2015. Total
sign cost includes individual letters and logo cut from 1/2"
cast acrylic and 1/4" plate aluminum.
1 Permit required by the city of Palm Springs. This is $127.00 $127.00
reimbursement ONLY. BSI procured permit on 6/02/2015 at no
additional cost.
Subtotal $5,927.00
CA sales $522.00
Installation $1,100.00
Total $7,549.00
We propose hereby to furnish material and labor-complete in accordance with above specifications, for the sum of:
Seven thousand, five hundred forty-nine and 00/100 Dollar $7,549.00
TERMS: 50% DEPOSIT REQUIRED, BALANCE DUE UPON COMPLETION
NOTICE TO OWNERS
Under the Mechanics'Lien Law,any contractor,subcontractor,supplier,man or other person who helps to improve your property and is not paid for his labor,services or
material,has a right to enforce his claim against your property.
Under the law,you may protect yourself against such claims by filing,before commencing such work of improvement,an original contract for the work of improvement of a
modification thereof,in the office of the county recorder of the county where the property is situated and requiring that a contractors payment bond be recorded in such office.
Said bond shall be in an amount not less than fifty percent(50%)of the contract price and shall,in addition to any conditions for the performance of the contract,be conditioned
for the payment in full of the claims of all persons furnishing labor,services,equipment or materials for the work described in said contract.
In the event litigation is instituted to collect any sums due and owing Best Signs,Inc.,there shall be added such additional amounts as court costs and reasonable attorney's fees.
Signature or payment of deposit constitutes acceptance of this agreement.Authorized
Signature Jim Cross
Note: This proposal may be withdrawn by us if not accepted within 30 days,
Acceptance of Proposal
The above prices,specificalions and conditions are satisfactory and are hereby X Signature X
accepted.You are authorized to do the work as specified.Payment will be made
as outlined above.
XDate of Acceptance:X X Signature X
14
Client:
44" BALISAGE BISTRO
1 Prole[1:
II BUILDING ID
Proletl Rdd.:
145 N.GENE AUTRY TRAIL
PALM SPRINGS,CA
42" A[munl Repetenloli-
31M CROSS
Designer:
ncRISTINA GARCIA
MAY 20,2015
46"
s.wle:
NITS
Pa.wame:
BA SAGE BISTRO\
CONCEPTUAL DESIGN.CDR
................
6.5 SF ReW;uona:
46" (20"x89") O
2 Jo CH..A,,-1:
44.5 SF
(72"xB9")
OLSTS1GN5
4'6" BALISAGE BISTRO,
12.5 SF Palm S.Gene Awry Tmil
:_____EineNle�izelrane�nCuisine_ -, 1Palm550 Springs,CA 92264
(20"x89")
TEL:(760)320-3042
FAX:760-320-2090
46"
CONTPACTORS LIC.NO.524E83
COLORS RENESENRD IX NS OUMN64M FUR
Rm1. 1:URFUFm 11°"ICMEYMIIX°1.1( 1UR.
1RRNDNUU.NTE1R1.IX R.1W1t1.I'll
134 wlwxsaDgfsv°1sIa1.
LLl mfcS015grsePA1IYFYEUR elq next
iXDIU110oR pfN8iXR06lw60R1MX0�PFOWfD
X°fAbElM1gfl/.1'/SA.%1'Ml'.Yn WUII
(IEIIPS[YDIVN IXD DFVEUDINiMII{(°X IxD:X
■ INDIVIDUAL LETTERS CUT OF .5" CAST ACRYLIC AND MOUNTED TO FIVE ARCHITECTURAL PANELS
er Op ongmfo m un vfPs°n.1iw n(oa(uRaN
PANELS MADE OF ALL ALUMINUM CONSTRUCTION PAINTED BLUE TO MATCH CLIENT AWNING. ifb511M p9'SISx1ti,YK
CYO
GROUND LIGHTING TO ILLUMINATE THE PANELS WITH SOFT GLOW (BY OTHERS)
Drawing No.
f
RENDERING 15 DRAFT ONLY FOR ESTIMATION AND BUDGET
CONSIDERATION.DESIGN FORMAT,I.E.,FONT, SIZING, COLOR,
AND GENERAL APPEARANCE TO BE DETERMINED BASED
I UPON CLIENT REVIEW AND COMMENT.ALL SPECIFICATIONS
I AND DETAIL DRAWINGS TO BE PROVIDED UPON APPROVAL OF
I APPROVED BUDGET AND DESIGN FORMAT.
m 1EMIGMS
68-805 PEREZ ROAD SUITE#89 o eLropm Rdrwtables
Custom Corer&Frames
CATHDRAL CITY, CA 92234 , Iarmyt�mds
.. Phone:(760)770-9974 4 skylight C m
Fax: (760)32I-8334 o Outside Blinds
Contractor's License 4626725 Repxire ofat[Kinus
Hate: 06-19-15 Amended Proposal
Sold Balisage Bistro
�0:
Address: 145 N Gene Autry Trail city: Palm Springs
Telephono�6A 4A6-4565 Cell: - 760-844-229�—
Fax: TERMS:NET CASK
chef@balisagebistro.com
Proposal: Replace canvas on 3 (Three) existing awning frames.
Canvas- Sunbrella . Color Mediterranean Blue#4652
Installed $2,300.00
Sales Tax 180.00
Sub-total $2,480.00
ALL WORK IS CUSTOM-MADE AND NOT SURIF_CT Price 3�
l'O CANCELLATION OR EXCHANGE Tax
Total ^ 2,480.00
Deposit cnoi
Saiance it) n
(J � f Install
3UYER D&A SHADE CO.
17
ADDENDUM #1
Facade Improvement Agreement
Daniel Villanueva, Jr.
Balisage Bistro
145 N Gene Autry Trail
Photo image of site location and completed work
Best Signs paid invoice and canceled checks
D&A Awning paid invoice and canceled checks
18 �
BES '�S INVOICE
1550 S.GENE AUTRY TRAIL
PALM SPRINGS,CA 92264 DATE INVOICE 11
(760)320-3042/FAX(760)320-2090
BILLTO: 08� SHIPTO:
BALISAGE BISTRO PER: DANIEL/406-4565
145 N. GENE AUTRY TRAIL RE: ( I )QTY.SET OF 1/2"THICK
PALM SPRINGS,CA 92264 CAST ACRYLIC LETTERS/LOGO
ATTN: ACCOUNTS PAYABLE RE: WALL PANELS
RE: 'BALISAGE BISTRO'
P.O.NUMBER TERMS REP SHIP VIA F.O.B. PROJECT
DANIEL/406-45... Due on recei t 1RC 6/29/2015 INSTALLED
QUANTITY ITEM CODF
DESCRIPTION PRICE EACH AMOUNT
I ign Painting . SET OF 1/2"THICK CAST ACRYLIC AND 1/4" 5,800.00 5,800.00T
LATE ALUMINUM LETTERS/LOGO
M FABRICATED WALL PANELS OF ALL
UM.
BALISAGE BISTRO
I nstallationATION OF ABOVE SIGNAGE AS PER 1,100.00 1,100.00
TED-
I ennit FeeMIT FOR THE CITY OF PALM SPRINGS Q 127.00 127.00
SEMENT ONLY.
State Sales Tax 9.00% 522.00
THANK YOU! YOUR BUSINESS IS APPRECIATED. TOTAL
$7,549.00
@SMU6fl0- OM9WWl9 ttM4 71M TO REORDER CALL PM321-%59 Balance Due $0.00
19
0
N
k [NDORSEXyWto THE ORDER OF
CY
k'I:f',.^.'; TA.rP3'.i Ir.NTl_6OW 14.SLIN,
2y6 Q s
ru
I
s
i
i
M a
cm to
:. uj + H U'1 m 1r11rMvr na m.S t+csc
V T ti5 a
<V�Z} f
6 1J i li'• r i t�i! u i
2.,iaN � t�J
tV
h
N
N L3ma a3 � •� . ... i.,.+ ��- h
N
4 a ENDO1150YO THE ORDER OF
Oi A g ANDAWNING C0MPW OD
1 rl
CV) 3
rim• '"� h!
DO NOT W E.STAMP OR SIGN BELOW THIS LINE O?NOT 1 T"
OT V.-. .
.ESE R FOR AW;: PISi(A UTsOS VISE*
•,t
SV
4
1
BJ
�wQ
2a V
tL 6 a .a
RJ
cc
... ,,:y fnuWes=stW Leb a .0 Nose LC)� Ln r tf Yv:.. st: ✓
•nesMT mY stl/9 6iwme� GS(/�K q
a . a+• R o n�eq=unc :cenlWn: u W W�
t0 r
Z W IM1J s
a era W W J 2r-sd I1A _z. y -
•rn,�
trOoiw
CC c
( 760 )_ 770-9974 . 6880 Perez Road #89
Cathedral City CA
92234
No. T .... � cx coo
DATE 07-10-15 20
NAME Balisage Bistro
ADDRESS ' 145 N Gene'AutU Trail
CITY T Palm 8 rings ZIP
TELEPHONE 7604406-4f�5 naniel Villanueva `
DE871PTION AMOUNT.
awning frames-
Installed $2,300.00
Sales Tax 180.00
Total $2.480.00
Deposit ReddBalance
-
w �. 3
� .
a ! ✓ .__
SIGNATURE SOLD BY
22
SHANE COBS 90-358VI222 1429
CARLENE STEWART
6116 PALM CANYON N 7.219
PALM SPRINGS,CA 92264 OATS _
oaoEA - $
mpank, Allotmservingyow
1: 122235132hi:
O
$ NO
r yA P
00
$i �p
2e E3 ,
c $„' ten g�L QQ
'10
f yyx;x ny
SHANE 0088 93,3$ /1222 1423
CARLENE STEWART
611 S PALM CANYON N 7.219 6
PALM SPRINGS,CA 9226t(4,� OAT£
PAYTOTNE ��A, SR"g1 AwprlNCr , $ 12ya
.p/OADEA OFiy",,�-�/
DOGMAS L'1 uM+Y
r F bank. alf.,e,,g> L,.
4: 12223SB210:
c
23
.T
Sol 3
0 t, i v ` x
tasof ue5
Vt
.i
0 deal /kajnd aua 'N SVT
OAJSIO a sile8 f-
BEFORE
x
^'r v
;2x
b<
Ul
6.
1.
14
r�
5a `.
AF
w ar
BALISAGE BISTRO ,
.j Yr
rYp
.b
{OQ P p`M S..
iy
O
Y N
PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT
FACADE IMPROVEMENT GRANT AGREEMENT
FACADE IMPROVEMENT AGREEMENT
THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered
into this 27tt' day of April, 2015 by and between the City of Palm Springs, Community &
Economic Development ("City"), and Elena Bulatova Fine Art, LLC ("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 in the City of Palm Springs.
B. Owner is the owner of a real property/business (circle one) located at 232 N Plam
Canyon Drive, Palm Springs, ("Property"), otherwise known as Elena Bulatova
Fine Art Gallery (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 $4,232.00 to make exterior
improvements to the Property as described in Exhibit "A: Confirmation Letter and
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 $4,232.00, 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 $4,232.00 and Owner
agrees to undertake the approved improvements, under the following terms and
conditions:
27
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. 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 maximum City match grant shall not exceed $5,000.00.
The estimated cost of the work proposed is $4,232.00, 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
28
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 parry 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: Elena Bulatova Fine Art, LLC
232 N 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 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
City of Palm Springs Facade Improvement Program 29
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 30
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: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"OWNERITENANT"
Date: By :
Elena Bulatova
Date:
City of Palm Springs Facade Improvement Program 31
EXHIBIT "A"
MAP
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program 32
>1
c
U
C)
M
?,� t Y
xF. U Z E Amado Rd
!'�'��
E
z ?, 7- WWjk-
. .
.. N
F r '-
Y t
Elena Bulatova
Fine Art _
232 IN Palm = Andreas Rd E And
7 - Canyon
p u ,
Ar4o
3 w
c
rz
U .
ru
Tu
� 1 ® - r s
c
_ r
AM
,r
Tahquitz Canyon Way E Tahquitz Can
y �,
EXHIBIT "B"
SCOPE OF WORK
Repaint building with existing color scheme and replace damaged window glass.
City of Palm Springs Facade Improvement Program 34
„C”
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program 319
ottA�Mt.9 CITY OF PALM SPRINGS
M Department of Planning Services CITTOFRALM SPUN.MIr DrwwPLANMN MPARrMW
3200 E.Tahquitz Canyon Way, Palm Springs, CA 2262 TAFF APPROVAL
Tel: 760 323 8245 - Fax: 760 322 8360 yltj)3hs
°4t l roaN'p• Staff SronelUre pslp
Case#_ 9J- t � G ❑ V mt oondM=ae Mom
(For Staff Vu Only)1 /.,�`y�� p�
Planning Case Number:: 006 �101�K >`Yl
Taken in by(Planner): mot/
Date Submitted:
MINOR ARCHITECTURAL APPLICATION (MAA)
TO THE APPLICANT: Please fill out the information requested below. Attach any signed authorization letters,
drawings, color & material boards, photographs, cut sheets and/or any other materials necessary, to describe
the proposed project.
PROJECT SITE INFORMATION. //
Project Address: la Nr Y APN: '-13 0.91 0/O
(Number and Street name) (9-digit assessor parcel number ex:000-000-000)
Project Name (example:Name of Condo Association or HOA):
Zone: General Plan: Section/Township/Range:j5/,-L/--Lf Lot Area:
Detailed Description of Project:
J'fr,J,iW w cw/'S /1�
Sq. Footage - Existing Bldgs Sq. Footage— Proposed New(if any):
PROPERTY OWNER INFORMATION: � �
Property Owner's Name: ; p2110 ,7 f4UOa4-
Property Owner's Mailing Address: //-8 S Z- C �Z�if4 �dLy� S
LA (Number and Street Name or P.O.Box)
City
State Zip
Property Owner's Phone:I(2 Ul+6,� 698r Fax
Property Owner's Email: � fd� �yQ, zOM-
i
CONTRACTOR. PROJECT MANAGER OR OWNER'S AGENT AUTHORIZED TO INITIATE THE WORK:
Company Name: IvCwa rl-0I, Pc.J n -, 1
(Please print) I AM THE: O OWNER'S AUTHORIZED A NT(example CONTRACTOR) O LESSEE(TENANT) O OTHER
Agent's Name & Signature:
Agent's Mailing Address: 20 S1 Al, ✓fc 904f - ,e o
(Number and Street Name p�rr�-ODBox) ce �2 2 6 2
City;JLLLI�� o�j(,-�. -,t-Y11_ i�I State Zip
Agent's Phone: �6G 2 �/nZS 850 Agent's Fax:
Agent's Email:
(Please continue to next page)
36
EXHIBIT "D"
CONTRACTORNENDOR
AGREEMENT - PROPOSAL - ESTIMATE
SEE NEXT PAGE
City of Palm Springs Facade Improvement Program 37
Desert City Glass, Inc.
68-743 Perez Rd., Ste. D-36
Cathedral City, CA 92234
T) 760-324-8022 F) 760 321-5342
License# C17 713484
March 27,2015
Elena Bulatova Fine Art
232 N. Palm Canyon Dr.
Palm Springs,CA 92262
Attn: Sam Goldman
Enclosed please find the quote for the above named property. This quote includes all
materials,tax,and labor for the job. This quote is good for thirty(30)days from the date
of this letter. If you decide to accept this quote,a deposit of 50% will be required before
we will order any materials.If you agree to the price of this quote,please sign,print
name,date and return to us along with your deposit.Please telephone us if you have any
further questions regarding this quote. We gladly accept Visa, MasterCard,and Discover
over the phone.
1-32 x 78, V4'clear tempered glass $232.00
Thank you,
Lupe Perez Jr.
Sign ! Print Date
38
2051 N Victoria Rd
Palm Springs Ca 92262
Lic#786637
alexander9836@gmall.com
7603333585
Navarro's Painting Estimate,
For: Elena Estimate No: 1
232 N Palm Canyon Date: March 16.2015
Palm Springs Ca 92262
Description Amount
Paint exterior $0.00
Paint eves,paint front of building walls,paint exterior window jams and door jams.Paint front entrance floor
Prep all areas were painting will be done all areas will be covered with plastic to protect windows and door jams will be $0.00
scrapped and caulked and preped for painting.
Paint and materials are included in price includes 2 coats of finish owner to choose color . $4,000.00
Time frame 34 days
Indicates non-taxable item
Subtotal $4,000.00
TAX(0.00%) $0.00
Total $4,000.00
39
d3� 7 y
S
Al
4. lPoop w
_ \ q
a ` �
{ v :,. 'ip
Aix *fl
44
A ,
T F'
� A M R
BEFORE
232
4j r
I mo
aft
41
•
a ,
i
I�r,