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Home My WebLink About05876 - BILL GONZALEZ FACADE IMPROVEMENT AGR .+.�ppLM Sp4 .2 e V y "P" PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY gS,Foac'` EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 51" day of PU-C-Ul 2009, by and between the Community Redeve)lo�pm "nt Agency of the City of Palm Sprin s, ( gency") and the ("Owner"). Collectively the Agency and Owner are referred to as the Parties. J RECITALS A. Agency has established an Exterior Property Owner/Tenant Improvement Grant program for businesses in the Downtown and Uptown Business Improvement District Area and certain neighboring redevelopment project areas, shown in Exhibit "A", eligibility map. B. Owner is the owner of a real prperty business (circle one) located within the eligible area at 173q E7 6s" ✓LL2 .S Palm Springs, ("Property"), otherwise known as Lw( L (building or usin s C. Owner has applied for a Grant in the amount of $ , 4�,I 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 Agency 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, Agency agrees to grant to Owner the amount of `� (-iG' . G,I and Owner agrees to undertake the approved improvements, under the following terms and conditions: CTR.: - ; 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 ':�C 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 "W', Contractor/Vendor Agreements, and the acceptance of the material used and the work performed is Owner's responsibility, and the Agency 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 Agency shall provide a Grant of up to $2,500 with no contribution from the applicant. The Grant shall be in the amount of the actual approved expenditure for the improvement described in Exhibit B or $2,500.00, whichever is less. The Agency does not warrant that it will pay all costs of improvements if they exceed $2,500. The maximum Agency Grant increases to $5,000 if the applicant matches the City funds with a $2,500 private contribution. The Agency Grant increases on a dollar for dollar basis for project costs over $2,500, up to the $5,000 Cap. 6. Evidence of Completion. The Parties agree that the Agency 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. 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 Redevelopment Agency Facade Improvement Program 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 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 Community Redevelopment Agency Attention: Economic Development Administrator 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Owner: &�)J• L ,-,� ,, e, 2- Look Palm Springs, CA Ci7 _ 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 Redevelopment Agency Facade Improvement Program 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 of Palm Springs ("City") and the Agency, the City Council, the Agency Board of Directors, 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 and Agency 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. 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 Agency for this program. Redevelopment Agency Facade Improvement Program IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "Agency" City�aim Springs Date: ^ �� By: 1 Corfimwnit e el pment gency Date: .v?^ ° Assistant City anager Date 1_ �i�1 ,o�M By:-��- David H. Ready, hD. Executive Director ATTEST: APPROVED AS TO FORM: By:- _- mes_Thompson ougl C. H611an ty-6le�t� C~i ttorney "OWNER" n Date: '� ` �� By : Date: Not To Exceed .$ 9 / Without The Express Written Authorization Of The City Manager. CL Redevelopment Agency Facade Improvement Program �O@ 7 A LM SpR c V N w 44IFO RN'% THE CITY OF PALM SPRINGS/ PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY EXTERIOR PROPERTY OWNERrFENANT IMPROVEMENT GRANTS ELIGIBLE REDEVELOPMENT AREAS ti Y $ la rK 1s r . a N. Y1 a o r a 12 20 m w Lu e � 21 t 3 xsR Ifr 0 22 f3, u F �f 1 � l2 zi 23 _ Tramway to Vista Chino L Cal �_ �wurw Ro r i t ........ • r t0, wueRews� r r� to fb 3 —"7 si {[ eFTiu si 42 �R1Wax rtn w nw�.r cw•rcox Page 3 EXHIBIT "B" SCOPE OF WORK New Acrylic Double-side Sign Redevelopment Agency Facade Improvement Program 41945 BOARDWALK,SUITE L PALM DESERT, CA 92211 PH 760.776.9907 FX 760.775.98441;.,1J rb q14055Producti6n Artist. PC Uv Satesperson. • . ' YOUR SIGNATURE ACI(A'OWLEDGES FULL APPROVAL OF DESIGN COMENTAND LAYOUT,RELEASING S.'GNs4-RAVA FROU RESPONSIBIUTYIN REGARD TO . INCORRECT DESIGN AND INFOWNRON. THE COLORS SWIM ARE ONLY REPRESENTATIVE OFACIUAL PALS COLOR CALL OUTS.RVAL COLOR W&L - _ _ - - i)•`~ BE VATCHED AS CLOSE AS POSSIBLE - CGSLL]ENSL'RATE 44YTfl 11ATERMIS USED TAPS DESIGN fS PROPAfETARY PROPERTY AND ALA Y AYN RE USED VY?TNOUT THE EXPRESSED SYRfTTEN CONSENTOF SfGN•ArRAf?A. APPROVAL SIGNATURE DATE �274"fX�36" •Black • White •Green 375 114"Acrylic white _ Opaque??? e.> 4 s .? a n -- :-_, _ r .�} i > • , EXHIBIT "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) SEE ATTACHED Redevelopment Agency Facade Improvement Program OF PALM SA �lo-v� Pam , City of Palm Springs u �yyy I ' " Community and Economic Development Department 3200 C.Talwitutz Canyon Way • Palm$pl mgs,CaLfornia 92262 (760)323-8259 • fAX(760)322-5325 • 70ll(760)864-9727 C.9Z 0e, Commum m ry Acdevelopenr Acenry ev• Communiry Delopmenr Block Granr f FQ RN Downmwn Developmenr - Economic Develnpmenr• Housmg•Public Art• Rrcydmg December 18, 2008 LOOK Palm Springs 139 East Andreas Road Palm Springs, CA 92262 Attention: Bill Gonzalez RE: City of Palm Springs Facade Improvement Program Application: 139 East Andreas Road-Bill Gonzalez Dear Bill: The City of Palm Springs has received your application for an owner/tenant improvement grant under the Facade Improvement Program. Based on the contractor's estimate for fabrication and installation of permanent exterior signage on double sided hanging blade in the amount of $639-61, you would be eligible for a full reimbursement from the City following completion of the work. However, your application as sent is incomplete. You will need to submit page 2 of the application form and include proof of landlordlowners approval for the work. Once your application is complete, the next step will be for you to obtain all necessary permits. In this case, a sign permit from the Planning Department will be required. Please show a copy of this letter and your completed grant application to the staff at the planning counter when you make the application for a sign permit and your planning fees for the sign permit will be waived. If you need assistance in filling out the application or otherwise don't hesitate to contact me at 323-8260 or Cathy Van Horn at 323-8175. Once you obtain the approval 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 Reimbursement 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(Dpalmsprings-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: Cathy Van Horn, Economic Development Administrator Post Office Box 2743 • Palm Springs, California 92263-2743 Ot Look Restaurant 139 East Arenas Road Palm Springs, CA 92262 February 23, 2009 Plaza Investment Company, Inc gives you permission to hang your sign on the rod iron raring surrounding your patio area, as we discussed. Theresa Cuesta Assistant to the CEO Plaza Investment Company, Inc. 115 South Indian Canyon Drive • Palm Springs, CA 92262 (760) 325-1347 • Fax (760) 320-0880 EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT SEE ATTACHED Redevelopment Agency Facade Improvement Program &aN*A,*RAMA* Estimate No. 14055 Eenmme printed Ore 3/447009 \ Acct is 15168 Look Patio Resllturant 0, Q� Terms: 50% Dawn/COD Attn: Phone: (760)778-36201 139 E.Andreas Rd. --1� col _ 3�a Fax: Palm Springs, CA 92262 E-INalle ProparodFor, Thank you For taking time to speak with me about your signage needsl Listed below Is the quotation on the Rom we discussed. If you have any questions, please do not healtate to give me a call at 760-776-9907. Estlmale Description. DOUBLE-SIDED HAH01N0i 61AM S OH•1WaT+r r cn . pmeuet Code slow Color Quantity Vert Horm Depth Price 41 Toll: Aclyfc 1144Yvhft 1 ' Omen 1,00 24.00 35.00 0.1E $275.00 $275.00 Omcdpuoo AarW 3iandoLXe-adad with LOOK'LOGO product Code Sides Color Qwnft Vert Horti Depth PrMA4@ Total: NIISC 1 1.00 0.00 4D.00 0.00 $249.00 $249.00 PMndption akNin Qprl amCMt - , 11eriMamda•yldMnndFvrped wipe AD`k+npbbAf ElroVwrsga Product Cade Bldw War Qum* Vert Hark pth PHCee Towl: Labor 1 1.00 0.00 0.00 0. E 75.00 S750D Deecdptfon LeborImfrm &ocket&aW Produatcede Color Qumnthr Vert Hark Depth Ptlane Totrtl: Customer Ppprov 1.00 0.00 0.00 0100 $0.00 f0-00 Deecdpuon PROOF d APPROVAL TO PROCEED IMgtne Iobnotmquest mYfewef'pnWbekneproducllralofs0mge (jfmd &GWp ob t are/eo*K,1 wowsrend Eraf ads nW&W proatrdlron pp to 2 dq* Lknkd f be pocrpergedw AdcYtlbndprvorsaros4tt00eactrandveaddedtolrndic»tata! ArrydrNipNsnrdor+actran: 1T 1sa ptpSrwO.alavdRfER$7' ON Dbe AkTdAaa�d lWORSKR.DONE VEeOY.SGt-RAMAI. 9.7 W PROPERTYOF r; MlN11L.FA p - J Z9IO ��soultum [. t wraNrecrrrr r em nr for rr penrd[8.&id apWOvats as mgrrmmd bypdperty owners.db5 rounry nr Nrpbodia 5lgoetrxe AIYYC ' MS ORDER REQUESTEDBY THE CUS70MERAFTERTHE.V#V IWWASS7ARTED, µ1lLBEOf aYSUPP4EMEIUrARY1NVQ0CF. ALL OSPOSIFS ARE NOAtREFUNDAILE. Nubw Sub-TOW $699.00 Saba Tax $4o.61 Shipping $0.00 Told: t;639.1i1 Yours Sincerely, 41-945 Boa t"k Suite L Pakn Desert.CA 92211 Phone:(780)776-9907 Fax.(760)77&0544 Vn%@pdsignamma.com) Pepe 1 of 1 1 -d XH=I 13C213SW-I dH Wd6S ;Z 6002 ♦•0 JeW