Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05838 - C & H DESERT INVESTMENTS FACADE IMPROVEMENT AGR
FpA�Ms U N PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY •qZ/F06A�P. EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 3 day of /?n,,7, 2009, by and between the Community Rede elopment Agency of the City of Palm Springs, ("Agency"), and the �-� ("Owner"). Collectively the Agency and Owner are referred to as the Parties. 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 property6P si sen s (circle one) located within the eligible area at ` &, SDW -h !nOC&A Palm Springs, ("Property"), otherwise known as ' Y (building or business). C. Owner has applied for a Grant in the amount of G-2 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 wo and Owner agrees to undertake the approved improvements, under the following terms and conditions: AGREEMENT 9 . Proper-tv Ownershi /Ri ht 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 �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 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: De__ r 1rwe7,C� ral�, S. Linn2�c G1 4nn I�e� J Palm Springs, CAoZ 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" J City of ai7/L�- / s Date: I �3�0 V B 1 Commune y Reed�devvelopm ency Date: Assistant City tanager Date: �'� ,Q By: � David H. Ready, Es ., D. Executive Director ATTEST: APPROVED AS TO FORM: Ames Thompson Douglas C. Hotland dta�l��Z�O�i' City Clerk Cit Attorney "OWNER" Date: _ �� 6 d By : C-) ( � t:in_ - N-Lc very-Fz ) Date: Not To Exceed $ 3 •0U Without The Express written AL+thorization Of The City Redevelopment Agency Facade Improvement Program Manager, " EXHIBIT "A" MAP Redevelopment Agency Facade Improvement Program ;O pALMSpR iy V N k ouK°. c-0<rFn uN�p THE CITY OF PALM SPRINGS/ PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS ELIGIBLE REDEVELOPMENT AREAS ..rr Y 4 - rs is YS ,o 76 rcc.....• g i; 5 m Y2 29 P f 1ij 6 7 21 Z ,3 mw 22 Tramway to Vista Chino a x � 13 1�� r1n�u i 1 u--^v'nx' '• r a r oRcwsi 12 1 Y_ A --`�11� �wRGNwf RO � pis ,6 ,e r17 - C 19 t I Y2 n�riu j —eu.aN w ��� Y'+ nir•�Lv cnYroR �- Page 3 EXHIBIT "B" SCOPE OF WORK Redevelopment Agency Facade Improvement Program Mar 11 UU 1U:45a Cunningham Painting 7603220767 p• 1 CUNNINGHAM PAINTING CONTRACT/ PROPOSAL 03/11/09 O'LEARYS PUB & GRILL 436 S-INDIAN CANYON DR PALM SPRINGS, CA 92262 SCOPE OF WORK. PAINT 1) MASK ALL STORE FRONT WINDOWS AND PROTECT CONCRETE. 2) MASK ALL LIGHTING ON OVERHANG. 3) SCRAPE, SAND AND CAULK ALL AREAS WHERE NEEDED- 4) PATCH ALL CRACKS AND HOLES IN STUCCO. 5) SPOT PRIME ALL PATCH AREAS. 6) PAINT STUCCO OVERHANG AND WALLS IN APPROVED COLOR- 7) REMOVE ALL MASKING AND CLEAN UP ALL DEBRIS. ALL WORK TO BE PERFORMED IN A PROFESSIONAL WORKMANLIKE MANNER `- TOTAL LABOR AND MATERIALS: $4,800 BONDED&INSURED. LICENSE 4792766 FOR ANY QUESTIONS AND OR ACCEPTANCE PLEASE CALL MATT AT(760) 218-9212. EXHIBIT "C EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) Redevelopment Agency Facade Improvement Program 0 D �oF t►LM aA�y Office Use only r Date Submitted: _ h c S Zr Ci ^ Y Case No.IFOW hhGrlrj �I �5tv Planner: CITY OF PALM SPRINGS i' Department of Planning Services MINOR ARCHITECTURAL APPLICATIONRECEI,VED (MAA) MAR 2 5 2009 TO THE APPLICANT: PLANNING SERVICES DEPARTMENT Your cooperation in completing this application and supplying the information requested will expedite City review of your application pursuant to local procedures. Applications submitted will not be considered complete until all submittal requirements are met. Please submit this completed application and subsequent material to the Department of Planning Services at 3200 East Tahguitz Canyon Way, Palm Springs. CA 92262 -- Phone:760-323-8245 — Fax: 760-322-2380 Project Address: `tg(p, 1`140 , `f 60 5,Lt S J;LA x Applicant's Name: (Applicant must be the owner of the property in question,or the lessee having leasehold interest of not less than twenty-five(25)years. Lessees must fill out the written authorization form contained in this application.) Check One: ❑ Owner ©Lessee / Authorized Agent Owner's Name (Please prints): LaviJ ow r�e� crf b[A( DO L A11 � 57A4 35 Owner/Agent Signature: ILNWW Mailing Address:__ 3 - J�OI 17A V� YL�/o dl 1/ h`VG (Numbor and MrceL Name or P.O.Box) 5P k1f V. city Slate Zip Telephone: 7 00 325 - 4q 13 Cell: $°5 (a/e5-g016 Fax.7Co0 32- 5 6Y2 Email:_ e:.I-t�) cL44-he bcacCi cb t51nG,q(-he b>cac4i cb t5(nG�1o19m1 - rL& Ly Icy Bay 655-I S I Fy M�oou a l I Lined Route h2o-I -Paral•fm 52-1-2 cfined Whites are more �i 1 `subtle shades of p.le wh,rh ry'� appear a touch harry er milled BY ,dd,ng tr.,res orcomplemeniary . ta, the Colon.,re.nftened Water Chestnut 022-3 " •'•.,r', ;-,a 4�.ts NiIstyC4ay 530-3 �.�'� �°r•;J i, _ "h'y.^ ' the hues[nnsfo +iiiho mare "�, JY .�,p+ mP�lex-nizd sophisticated whites. �•�.� '����� I.fti,�•' °°��ww' fry =' - rirv. .'' •gllil II 'C loul it Wln �0 h1 -iL 41 lr 4 �-fln . 'BpneAte 576.3 ' •.A,.vJ_•"^'ti�.''II ,�ii.:^Y, ';^^ �a. 'rq'e'��T' � � � rJ i _ s �UDEIVL[N Looking for ��t��hceuur ig{{h�tnnsheer+lnttt?tttt The Voice o1r4AoKrkfAr2B09nplete range of shoe r £,gply4dekt7y to superb gloss. Our soggestDHPARF'lIR8Nyr B,+tat or eggshell finish on walls with a glossier one an molding. The c.lorsh..c on AtOcguideu Cracker Bik3i7-r Plat Eggshell Pearl Semi-Glass Gloss " lhcsc colors are avadable m 2 oz.trial size botdce at scicct P.ttsburgh Paints denier•. UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS PALM SPRINGS AGENCY APPROVAL OF REVOCABLE PERMIT NO. 400-475 The within Revocable Permit No. 400-475, entered into between heirs of Allotment PS-5A and PS-35A as "Permitters", and C & H Desert Investments, LLC, "Permittee", consisting of six (6) pages, notary acknowledgments, Exhibits "A" and "B" is hereby approved. FEB 2 7 zoos Dated: Q� /V11 Superintendent Palm Springs Agency Bureau of Indian Affairs Pursuant to the authority delegated by 209 DM 8,230 PM 1, and 3 IAM 4 and Sacramento Redelegafion Order No.1 (43 F.R.30131.dated July 13,1978). United States Department of the Interior Bureau of Indian Affairs - Palm Springs P.O. Box 2245 Palm Springs, California 97262 Permit Fee $ Permit No: Dated: January 31, 2009 REVOCABLE PERMIT This PERMIT, hand signed and notarized in quadruplicate, is made and entered into between Heirs of Allotments 5A Et 35A , hereafter referred to as the "PERMITTER" or "Owners", and C & H Desert Investment, LLC, property management division, hereinafter referred to as "PERMITEE" or "The Company", under the Code of Federal Regulations-Title 25-Indians. This Permit is not a lease of real property, but a permit which is revocable at will, at the discretion of the Secretary and may not be encumbered and is not assignable. Definitions: "Secretary" means the Secretary of the United States Department of the Interior or his/her authorized representatives, delegates or successors. • 1. PERMITTTER HEREBY GRANTS TO PERMITEE PERMISSION TO CROSS, ENTER, AND MANAGE BUILDINGS AND MAINTAIN GROUNDS ON PROPERTY LOCATED ON ALLOTMENTS 5A AND 35A, SECTION 14, T4S, R4E, San Bernadino Base, Riverside County, California, as described on Exhibit "A" attached hereto and made part hereof, hereinafter referred to as "Premises". 2. The structures shall be maintained in accordance with all laws, ordinances and regulations of the United States and in compliance with any TRIBAL ORDINANCES that may be applicable. Any structure or action on Premises to be determined as illegal within applicable ordinances and regulations will render this permit void. 3_ The costs of maintaining structures on Premises will be incurred by PERMITEE at no cost to PERMITTER. 4. The term of this Permit shall be for TWO (2) years, beginning on the date this permit is approved by the Secretary, through signatures of landowners, which date shall be the anniversary date of this permit. This permit may be cancelled with thirty (30) days written notice. Page 2 of 4 5. Permittee will pay rental in the amount of 75% (seventy-five per cent) of GROSS RECEIPTS without any deductions, payable on a quarterly basis on or before Jan 01, April 01, July 01, and October 01, along with an audit and a schedule of gross receipts completed by a California Certified Public Accountant to be payable to: Palm Springs Agency- 0696, and mailed to: Bureau of Indian Affairs, P.O. Box 91066, Prescott, AZ, 86304-9116. Permittee shall include with said reports, originally signed copies of any new rental agreements or amendments to any existing rental agreements and any other document affecting the permitted property. C Et H Desert Investments, LLC, or Permittee, will retain 25% (twenty-five per cent). See attached "Exhibit B": Property Review Et Summary/Property Management Proposal which is incorporated herein in its entirety. Permittee affirms that all conditions and obligations of Permittee set forth in Exhibit "B" are made a part of this permit. 6. It is understood and agreed between the parties hereto that, if any installments of rental payment is not paid within fifteen (15) days after becoming due, interest will be assessed at the existing prime rate as published by the Federal Reserve, plus 3%, times the amount owed for the period during which payments are delinquent. The interest rate formula is Interest= (Prime rate + 0.03) times amount due divided by 360 days times the number of days said payments are delinquent. In addition, there shall be a penalty of 6% of the total amount due if rental payment is not paid on or before the due date. This provision, however, shall not be construed to relieve Permittee from any default in making rental payment at the time and the manner herein specified. 7. Permittee shall be responsible for all costs of maintaining said structures including, but not limited to, the cost of electrical power. See Exhibit "B" : Property Review Ft Summary/Property Management Proposal. 8. At all times during the term of this Permit, Permittee shall carry public liability insurance policy in amounts not less than One Million Dollars ($1,000,000) for personal injury and property damage, said policy to be written jointly to protect Permitter and Bureau of Indian Affairs. Current Certificate of Insurance or copy of said policy and renewals and changes in coverage shall be furnished to the Secretary. 9. Permittee shall not encumber, assign, or transfer all or any part of its interest in this Permit. 10. Permittee and its contractual lessees have the right to remove any and all personal or business property from said land before the TERMINATION or EXPIRATION of this Permit, to include signage, and affixed appurtenances purchased and installed by Permittee and/or contractual lessees. Page 3 of 4 11. Neither the Permitter nor the United States Government, nor its officers, agents and employees shall be liable for any loss, damage or injury of any kind whatsoever to the person or property of Permittee or any other person whomsoever, caused by any use or condition of subject premises, or by any defect in the structure erected thereon or arising from any by accident, fire or casualty on of about said premises or from any other causes whatsoever, including any such claim or cause whether or not alleged to be or as a result of Permitter own negligence. Permittee hereby releases and waives all claims against Permitter and the United States and agrees to indemnify and hold Permitter and the United States harmless from and to defend them against any death, loss or damages of whatsoever kind or nature including any claim or liability for any loss, damages or injury arising from the use or condition of the premises, together with all costs and expenses in connection herewith. 12. Permitter hereby consents to granting of rights-of-way or service line agreement for access to the structures and for the electric and gas utilities necessary for the operational support and maintenance of structures on Premises. However such rights of way are subject to regulations appearing in Title 25 - Indians. Copies of any applicable rights-of-way/service line agreements are to be furnished to the Secretary. 13. Permittee shall not allow to be enforced against the premises or said land, or any part hereof, any liens arising from any work performed, materials furnished or obligations incurred or hired by The Company. Permittee shall discharge and pay all taxes, assessments, licenses, fees and other charges levied during the term of this Permit when the same became due and payable. 14. All notices, payments and demands shall be sent to the parties hereto at the address herein recited or to such address as the parties may hereafter designate in writing. Notices and demands shall be sent by certified mail, return receipt requested. Service of any notice or demand shall be deemed completed within ten (10) days after mailing or on the date actually received, whichever occurs first. PERMITTER: C/O Palm Springs Agency Bureau of Indian Affairs P.O_ Box 2245 Palm Springs, California 92262 SECRETARY: Attention: Director- Palm Springs Agency P.O. Box 2245 Palm Springs, California 92262 Page 4 of 4 PERMITTEE: C Et H DESERT INVESTMENTS, LLC 436 South Indian Canyon Drive Palm Springs, CaLifomia 92262 15. This Permit shall not be valid or binding upon either party hereto until approved by the Secretary. 16. Nothing contained in this Permit shall operate to delay or prevent a termination of Federal Trust responsibilities with respect to the land by issuance of a a fee Patent or otherwise during the term of this Permit; however, such termination shall not serve to abrogate this Permit. Both parties shall be notified of any change in the status if said land. 17. Permittee shall furnish the Secretary with legal evidence of any changes in name or structure of its organization within thirty (30) days of such change. Permittee shall also keep the Secretary informed of any change of person or persons. authorized to represent Permittee and execute documents on behalf of Permittee and shall fumish the Secretary legal evidence of such change in authority within ten (10) days. 18. Nothing contained in this Permit shall be deemed to constitute a waiver of applicable laws providing tax immunity to trust or restricted Indian property or any interest or income there from. 19. The Permittee will not use or cause to be used any part of the permitted premises for any unlawful conduct or purpose. 20. Permittee agrees that at[exterior modifications be limited to necessary building maintenance or facade improvement purposes. Any exterior or interior renovations or improvements over the amount of $15,000 shall be reviewed and approved by the Secretary. Any renovations on the Premises which produce or indicate undetected sites of archaeological, cultural, or historic resources is brought to light, the work shalt be halted and the involved area re-evaluated by qualified archaeologists acceptable to the Secretary. IN WITNESS WHEREOF, the parties hereto have duly executed this permit as of the day and year-first above written. PERMITfEE; C Et R DESERT INVESTMENTS, LLC C eryl Huds , 5ecretary AND C & H Desert Imvestments LLC, a Calzfo L� ted Liability Company James D. R on ,�Ma a ging Member Paul C r ging Member - Mat C g Managing 'Member A Peter cunning, Managlng Member PERMITTER SIGNATURES PAGES ATTACHEP ALL SIGNATURES TO BE MOTORIZED IN WITNESS WHEREOF, the parties hereto have duly executed this permit as of the day and year first above written. PERMITTEE; C ft H DESERT INVESTMENTS, LLC r - 644— Cheryl Hu 5ecretary AND `'Pout Cunnin SEE ATTACHED CERTIFICATE �eter Cunningham SEE ff (ACHED CERTIFICATE J mes D_ Hudson 3EE A7TACHM CERTIFILARE Matthew Cunningham PERMITTER SIGMA TURFSPAGESATTACNED ALL SIGNATURE'S TO BE MOTORIZED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yr- - - - - - - -r- - =rrr� =r- - - - - - =r-c•- =r- - State of California Courityof_� On LiffE-mcT'� before me, fn-FS (t�• GouDoi, y�i q yz'm Oafe Hum lriscd Na nc and Title a[Whe Officer personally appeared m�L CCyo Names)of Signer(s) " who proved to me on the basis of satisfactory evidence to be the person( whose name(%) Wage-subscribed to the within instrument and acknowledged to me that -he/she/ihey executed the same in-lAs/herAheir authorized capacity"), and that by-NalherAheir signature( on the _. instrument the person, or the entity upon behalf of which the persons) acted, executed the instrument. tM ecvEaD CarnmYatan4,4 t T03J2T �'I certify under PENALTY OF PERJURY under the laws No►ery hthlic-Colllomla of the State of California that the foregoing paragraph is Rwer.Ide County - true and correct_ MIr Ocmn.6q�ires Novb,4f 110 WITNESS my hand and official seal. P12ee Nafary Scal Above Signature Signalum of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document_ Description of Attached Document Title or Type of Document: PFUCCAALEt Y Document pate: K ? ( XO P9 (� Number of Pages: lq- �a shorJ�f a� Signer(s) Other Than Named Above: _LrL&son%f Capacity(ies) Claimed by Signer(s) (rkftrrt4w l L ru;,uEHt1 iV1 ( u ers Name: L. s t✓ Signers Name:�l individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Tftle(s): ❑ Partner—❑ Limited ❑General _ ❑Partner—O Limited 0 General _ ❑ Attorney in Fact O Attorney in Fact ❑ Trustee Top of thumb here p Trustee Top of thumb 11M ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ®2(hT/Natlonat Notary hssodallon•9350CIe Seb Au�„pO.f3mc 29P2-CI,aL^.naNf,C✓n 91313-2902-wmr.N�uoey lNadryory�llem Y590] Rcobor.Call Tell•f�1�pp�7�5ti27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On y before me, � O• c Here Insert Name a Title al Ine officer personally appeared �' amc(s(e1 Signcr(s) who proved to me on the basis of satisfactory evidence to be the persons whose namejs,is are subscribed to the within instrument and acknowledged to me that 1YefshJthey executed the same in hie{Nedthcir authorized capacity ies , and that by liisftr/their signatureW on the instrument the personJsl, or the entity upon behalf of JOSEPH LEE SCOTf which the persor1W acted, executed the instrument. Co►t0 1807310 NOTARY PO511C UVONNIA N w`"soECJ°" I certify under PENALTY OF PERJURY under the laws A1Y COYLL E[1.JULT 25,2072 l of the State of California that the foregoing paragraph is true and correct- WITNESS my hand and official seal. Signature Place Notary Seal Abave Si natua:of Notary Public F ACKNOWLEDGMENT State of California County of RIVERSIDE ) On before me, NOTARY PUBLIC (insert name and title of the officer) personally appeared fyL Az�ca - ! ---- who proved to me on the basis of satisfactory evidence to be the OersonKwhose name(s)Wane- subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same'in h1s1h6FAl4 F authorized capacity(es),and that by hisfhedtheirsignature(q on the instrument the person(s), or the entity upon behalf of which the persoirK acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ' WITNESS my hand and official seal. J P07ERO JR• CamrrwYon s 16611W r Na1ay hl6lfa-CoNfomia �_ Rlverilde County, Signature MyComm.Expires May$q,2oA ��� (5�}r�'".-� STATE OF IDAHO ) ss. ' County of Benewahj } On this Jar-day of February,2009, before me,tie undersigned,a Notary Public in and for the State of Idaho,personally appeared James D. Hudson, known or identified to me to be the person whose name is subscribed to the within instrument titled "Revocable Permit" from the United States Department of Interior dated January 31, 2009, and acknowledged to me that he executed the same_ IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above w[itten. T!NI,J- R�l57Di S otary bli in and for Idaho 'w A dTARY PUBIfC Residing : t Manes,Idaho 5TA7E OF IDAFIO, Commission expires: ��/fj c�7�j�9 r.RA nrr•ao. FGi4 S4I14.` C.m r4SR4.5 T al+.o» rn.N, e+r oll-OM O an•orr IN I: 30 31 j 32 i 33 3y I zr I { 45 46 I I j r CNr. Z ! 3y ��'I 136, `1I 4 J! . rr .fig I � :.rx r.a+ls I r,Mwr I I l i Y �!rN I .y. ,a !!. 4' pr•LYl�. =r�La.. ��,�.__ �Hr l! JIfNR/ i 1 �1`I ' d!S i alrrd Jr.3 orrin i � i ©rr i �+i„ ;��•+�n:."'�.�.._ :r i 13 � iq _���•��— •r 4 sr.Rler j ` ?0.NYr t i vrl•. I�,�, V 1—�.•'_1 ! J ' f ..R I 'V f...N. _ _• � l� I � Y h l �r 094 E Xw V' J'r •; •rr F ewr S.RMM � rI� � I3'2 I t rr � I LLL RT N= X riwaMa � 14 KSasgyS ML►R7Gf/KP S /"' s'"yi• "-s',rf I P.d1611b9-i� 1'arcrl M�7 Ah 13�I5p7 wr raisra+ 12 diS1%76-77 Ol t e#sof Nw8lT46T•.Y�/9^'J•il1lOIC r �I ,�,vpf�pC c�r+� �++A' moo Im --r PARCELS 64 and 65 Exhibit B: I. PROPERTY REVIEW&PROPOSAL SUMMARY Pacts and circumstances pertaining to,Allotments 5A &35A: I_ The existing master lease will extinguish on Saturday, January 31,2009 2. Many years of deferred maintenance by prior master lease holder has allowed all buildings on Premises to degrade to a substandard level that will require major repairs and the replacement of many affixed appurtenances- 1 Many years of neglect by master lease holder has made the property's appeal very unattractive to potential lessees. 4.Many years of limited management has allowed the property to be a residential location for local transients and vagrants which has increased crime in the area and vandalism to the property_ 5. There is approximately 32,000+square feet of"available"commercial property. 6. There are only 3 tenants on the property,utilizing less than 6,500 square feet of available commercial space. 7. The lease potential of the remaining available square footage marketed @ .75 to $1 per square foot,would create iuumediate and sizeable revenue utilizing existing buildings on Premises without the time, cost or expense of new construction.Notwithstanding the above,the Permittee agrees the minimum rent per square foot shall be$1 per square foot for any unit Permittee further agrees that the asking price for the units fronting on Indian Canyon Drive shall be$1.25. S. The Bureau of Indian Affairs,Palm Springs Agency,has reviewed and approved the language for a two (2)year REVOCABLE PERMIT which requires signatures of listed landowners of Allotments 5A&35A. 9. The proposed Revocable Permit, if approved by signatures of landowners,would allow landowners to continue to re-visit prior offers or inquire about other options for future property development without(1)out-of-pocket costs to maintain and/or manage present buildings on properties and/or(2)suffer revenue loss and liabilities from owning a non- productive and empty property. 10. C &fI Desert Investments,LLC,Management Team certifies that it has qualified and experienced individuals who collectively have the business management qualifications, property management expertise, and construction background and licensing which include the following; Twenty years of experience in managing apartment buildings,Ventura&Oxnard Experience in commercial building renovation and management Expertise in restoration and renovation of damaged/mold properties Knowledge of the hospitality industry as current operational supervisor and partner of the Baymont Inn& Suites,Kellogg,Idaho Licensed contractor experienced in all phases of construction and remodeling Owner/Managers of O'Leary's Pub and Grill(the main"anchgr tenant") Certified Public Accountant(personal and business accounting) 11. Even though it might only be for the short term,the Company feels these properties have the potential to be very productive_ Without Owners' involvement in any capitalization or management,our projected figures show substantial revenue. Thank you for your consideration., Cheryl Hudson,Secretary C &H Desert Investments,LLC II. PROPERTY MANAGEMENT PROPOSAL By C&H DESERT INVESTMENTS,LLC FOR TIM OWNERS OF ALLOTMENTS 35A&5A (N.E_ CORNER OF RAMON&INDIAN CANYON DRIVE) Dated this 3&day of January,2009,C&H Desert Investments,LLC,Property Management Division,hereinafter called"Ihe Company",agrees to provide for landowners of BIA Allotments 5A&35A,hereinafter called"Owners",of said Premises a complete property management service and provide to the Owners in the form of quarterly reports(January 01,April 01,July 01, and October 01)and payments of 75% (seventy-five percent)of GROSS RECEIPTS without any deductions. C &H Desert Investments,LLC,will atilize the remaining 25% (twenty-five per cent)to cover the following management responsibilities, property repairs, legal details,lease considerations,and property expenses and/or unexpected charges as listed below; 1.Make the properties as attractive as possible within the confines of limited funds, (taking in consideration that this permitted use could be only for the short term), as it is understood that at anytime the Owners may see fit to let the property to a long term tenant for development 1 Submit applications and bids from licensed contractors for City approval in order to upgrade and paint part or portions of buildings on Premises through the City of Palm Springs Exterior Property Improvement Grant Program_ Any or all exterior or interior improvements will be at no cost to Owners. The Company agrees to use only soft whites or routed colors with soft trim shades when painting building exterior. 3_Market commercial units @ .75 for a mouth-to-mouth commercial tenancy with limited tenant improvements under the TWO YEAR REVOCABLE PERMIT. 4.Lease available units under the REVOCABLE PERMIT terms and conditions as "Permittee" and agree to the following conditions; a) Create rental contracts and collect rent on all commercially rented units.Minimum rent for any unit shall be$1.00 per square foot gross.Permittee shall provide an originally signed copy of all rental agreements or any other documents related to the Property subject to this permit. b)All present lessees in possession,including the Permittee, will continue to pay their existing lease payment amounts until new rental agreements are executed which provide sufficient gross income so that the Permitter is receiving at least the rent they were receiving prior to reducing the existing lease rental rates- c)Report and submit a copy of all new rental contracts to include square footage of each rented unit d)Agree that all individual tenants will be responsible for leased unit utilities and all personal business liabilities. e)Agree that at no time will there be a gas station,or any type of use on this property that utilizes gas,oil, or toxic substances which would pollute the surface or subsurface grounds or water supply_ 5.Maintain perimeter grounds and landscaped areas on all properties. 6.Maintain&repair exterior/interior building appurtenances as needed on all properties. 7. Secure building liability insurance for all properties S.Maintain,repair and pay all expenses for water, (exterior) electric&City sewer. 9.Maintain,repair and pay all expenses related to any septic tank.function_ 10.Immediately maintain security of the Clara Bee Facility and assess the property within the first 30 days by accomplishing the following; a)Move an on site manager onto the property and. b)Manage the safety, cleaning tasks,building repairs,and clean grounds and landscape, . 1 l_Providing that the present condition of the Clara Bee allows the Company to bring this building up to safe and clean residential standards,the Company plans to;. a)Direct, organize,and pay for any and all sales and advertising costs of this property, targeting hospitality,local hospitals, hospice networks,and County& State agencies. b)Pay for all costs to upgrade,repair,and maintain the Clara Bee property. 11. Termination'. If the Company does not reasonably perform it's duties as described in the terms and conditions of the Revocable Permit and/or this Property Management Agreement,the Company agrees to remove themselves from the Premises within,fifteen (15)days after receiving notice from the majority of landowners.The Company will be responsible for any and all attorney and/or CPA,fees to collect any past due balances owed to the".Permitter". This is our PROPERTY MANGEMENT PROPOSAL and would agree to the aforementioned terms and conditions if the Revocable Permit is granted to our Company. Cheryl Hudson, Secretary C&H Desert Investments,LLC Signature Pages for Landowners on Allotment 5A '-a PC-&' J1201ft� Beverly Patencio Diaz Date Alycia .Patencio Date 0.16667 Undivided Interest 0.04167 Undivided Interest Barbara Lyons Date Raymond Preckwinkle Date 0.05556 Undivided Interest 0.08333 Undivided Interest a- �1 -IDS Debrah Pumel Date Ray L. Patencio Jr_ Date 0.05556 ndivided Int rest 0.04167 Undivided Interest I 1 ( .€jp-L -I�.cr�.c.�r.u-a • 5 • ��`� Vincent Gon s Jr. Date Kim S yder,Superintendent Date 0.05556 Un ' ided Interest Bureau of Indian Affairs, Palm Springs Agency For and on behalf of- Sean J. Martin Schoolcrak a minor, pursuant to 25 CFR John Preckwinkle Jr_ Date 162.601c, 0.08333 Undivided Interest 0.16667 Undivided Interest Candace C.Patencio Date Kim Snyder,`Superint Da 0.04167 Undivided Interest Bureau of Indian Affairs, Palm Springs Agency for and on behalf of The Undetermined Heirs of the Joseph Patrick Patencio Estate,pursuant to 25 CFR John J. Patencio 11 Date 162.601 a(3) 0.04167 Undivided Interest 0.16667 Undivided Interest Signature Pages for Landowners on Allotment 35A Beverly Patencio Diaz ~� Date 4 Ray L.Patencio Jr. Date 0.05556 Undivided Interest 0.01389 Undivided Interest Barbara Lyons Date Virginia Siva-Gillespie Date 0.01852 Undivided Interest 0-04167 Undivided Interest - -l�_On_ - ---- - --- Debrah Pumel Date Petra Siva Date 0.01852 Undivide terest [� C� 0-04167 Undiviideedd Interest r cy Vincent Go` es Jr. Date Renee Reeder Date 0.01852 divided Interest 0.04167 Undivided Interest John Preckwinkle Jr. Date Samantha Siva Date 0.02778 Undivided Interest 0.04167 Undivided Interest ) /3109 Candace C-Patencio Date Tonetta Louise Torro Date 0-01389 Undivided Interest 0.12500 Undivided Interest John J.Patencio II Date Larry J e rro Date 0-01389 Undivided Interest 0.1250 trdivided Interest Alycia Patencio Date Garry Lee o ro Date 0.01389 Undivided Interest 0.12500 Un 'vid merest I Raymond Pteckwinkle Date Jim Anthony Torro Date 0.¢7773 lJndiyide Inrest G� g/t j12_pO} 0.12500 Undivided Interest Kim Snyder,Superintendent Date Kim Snyder,Superntendett t Bureau of Indian Affairs, Bureau of Indian Affairs, Palm Springs Agency Palm Springs Agency For and on behalf of, for and on behalf of The Undetermined Heirs of the Sean J-Martin Schoolcraft,a minor, pursuant to 25 CFR Joseph Patrick Patencio Estate,pursuant to 25 CFR 162.c, 162.601a(3,) , 0.05556 Undivided Interest 0.5556 Undivided Interest ACKNOWLEDGMENT STATE OF CALIF NIA } COUNTY OFQ On before me, d0Z'1 0;/ p 4/ ,, - (insert name and e of'the off r) personally appeared i �,r//��� who proved to me on the basis,/of satisfactory evidence to be the person�s)- whose nameW isfam subscribed to the within instrument and acknowledged to me that#tefshe*te_ r executed the same in 46/herftk&authorized capaciwesy, and that by+tWherAtheif signature�W on the instrument the persor4 or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAD A. SALGADO WITNESS my hand and official seal_ Commtalon# 1766729 0 Notary"tc-Calltomla RIVeN10e County Catrt� Oct?Z01 Signature (Seal) ACKNOWLEDGMENT STATE OF CALI NIA � COUNTY OF �I/d1�11�a On a�- 11-a2d 9 before me, (insert name and t5ff of the offs personally appeared who proved to me on the basis of satisfactory evidence to be the persoa(s)" whose name�sjis/are subscribed to the within instrument and acknowledged to me that-ie/sheMiey executed the same in 4iWherAheir authorized capacitykies7, and that by-hWherAheir signaturelsjon the instrument the personyK, or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MOM.A. eft"100 Commbftn! 1746129 WITNESS my hand and official seal. wolrnyrunnc-Catncrrra awe"W couw Signature (Seal) ACKNOWLEDGMENT STATE OF CALIF NIA COUNTY OF �n�� On 0' before me, (insert name and Oe of the of i er) personally appeared who proved to me on the basis of satisfacto evidence to be the persoryw whose nameX isfm;e-subscribed to the within instrument and acknowledged to me that hefshefthey executed the same in his"f;eR authorized capacitypesj; and that by hisf rerftheir signaturpKon the instrument the person(s)'or the entity upon behalf of which the personKacted, executed the instrument_ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 17�1- - - - A. SAitvAPO -omminion Y 1766729 WITNESS my hand and official seal. 2 Nbturyf blic -cauromira Riverside County Ocr7 AD1 Signature (Seal) ACKNOWLEDGMENT STATE OF CALIF NIA COUNTY OF On�lj_alID9 beforeme, , (insert name and - e of the o erffie� ) personally appeared _� /'�'�2dd�=, //fy/LD who proved to me on the basis of satisfactory evidence to be the perso ncs-r whose named isfare subscribed-to the-within instrument and-acknowledged to me that he/sheithey executed the same in hWherAtheir authorized capacity(iesj, and that by-KWheritfrei-signatureJsyon the instrument the persorAs�or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAUDIN A. SALGADO commission * 1766729 WITNESS my hand and official seal- Notary Public-CCIRarnla Riverside courtly MCWMW=0c17.2Mj Signature (Seal) ACKNOWLEDGMENT STATE OF CALIF NIA } COUNTY OF On L3- a44 before me, (insert name and t- of the otfic personally appeared who proved to me on the b is of sa isf icto vidence to be the person -whose-name the within instrument and acknowledged to me that hefsheAthey-executed the same in hisfhegN3eir.authorized capacibjoes), and that by hisAien4heif signature�Kon the instrument the persort(sj or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---- - - - - - - - - - - - CLAUDIA A. SALGAoo commission# 1766729 WITNESS my hand and official seal. Notary Public -California Riverside County CbnifrL Cct7.2MrI Signature (Seal) ACKNOWLEDGMENT STATE OF CALIF IA COUNTY OF Q�np On ex�-/J- &f before me, (insert name and tip oft e ofF r) personally appeared who proved to me on the basis of sa ' ctory evidence to be the person(w whose-name�is/ we subscribed-to-the.-within instrument and-acknowledged to me that hefshsA"executed the same in hisAi 4R* authorized capaciWea and that by his,th�-�,i"eii,signaturejsTon the instrument the person,sj; or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct CLAUDIA A. SALGADO Comminlon # 1766729 Nolory Public-California WITNESS my hand and official seal. Irlrenl[la County c«rlln od7.2f111 Signature (Seal) ACKNOWLEDGMENT STATE OF CA LI NIA // } COUNTY OF _ _ /��i��4;C 4 On before me, &=�. (insert name and yffe of the o er) personally appeared who proved to me on the basis of satigjf& evidence to be the personrK whose namef a)-isfaresubscribed to the within instrument and-acknowledged to me that hefs�executed the same in his"rr�crAheir authorized capacit4(ies , and that by his/heritheirsignatureJ4 on the instrument the person,(s), or the entity upon behalf of which the perso,Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAU6tA A. SAL6A i commissionaY 7)667L9 WITNESS my hand and official seal. y Notary PUbliC -California Rivemlae County Canr+� oc1T.2011 Signature (Seal) ACKNOWLEDGMENT STATE OF CALIF NIA / } COUNTY OF ��i1/rt� On before me, (insert name and t e of fhe off r) personally appeared p ®.P" ICC�� iI� who proved to me on the basis of satisfactory evidence to be the perso9ker "-whose`nameXisfafe subscribed-to-the-within instrument and-acknowledged to me that 4e/shekhey executed the same in hWhedtheir authorized capacity.(iez), and that by4iWherftheir signatures on the instrument the person(, or the entity upon behalf of which the person,(s�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct- CLAUDIA A. SALGADO commission# 1766129 WITNESS my hand and official seal. Notary Public-California Riverside County QmVcomrn.EqAmW7.W11 Signature (Seal) ACKNOWLEDGMENT STATE OF CALIF RNIA / } COUNTY OF On 07-WIl before me, (insert name and Yfle of theofficer) personally appeared who proved to me on the basis satisfactory evidence to be the person(s)' —whosexlamel(s)-isl subsc(bed.to-the within..instrument and-acknowledged to me that4WsheAthey executed the same in+lis/herltheir authorized capaciWes); and that by Ms/herAhre signature,(s)"on the instrument the persorAs), or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAUDIA A. SALGADO WITNESS my hand and official seal. Commission # 1766729 s Notary Public -Coliromlo ' Riverside County MYCOrtVII. OCF7.R011 Signature (Seal) ACKNOWLEDGMENT STATE OF CALIF NIA COUNTY OF On WJ-I-zVdf before me, a '� (insert name a title of th fficer) personally appeared _ /�,�./� ja fQ/ z. who proved to me on the basis of satisfy act ry idenc be the persol](s)' -whose nameK isfare subscribed to the within instrument and.acknowledged to me that hefsh a they executed the same in hisfhrerkth&authorized capacibLoes) and that by hisfttedtheir signature(s) on the instrument the personal, or the entity upon behalf of which the personfA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAUDIA A. MGAUC Commission # 1766729 WITNESS my hand and official seal. = Notary Public-California Riverside County Ccrrvri. resOCt7,2U11 Signature (Seal) Signature Pages for Landowners on Allottnent 5A Beverly Patencio Diaz Date lycia A. eio Date 0,16667 Undivided Interest 04167 'd I r Barbara Lyons Date R mond mile Date = m R€ 0.05556 Undivided Interest 0. 333 Undivided Interest Ec < a4 Debrah Puma! Date Ray L.Patencio Jr. Date A.LL ` s 0,05556 Undivided Interest 0,04167 Undivided Interest 5 Mr _ o Vincent Gonzales Jr. Date Kira Snyder,Superintendent - Date i 0.05556 Undividod'Interest Bureau of Indian Affairs, Palm Springs Agencir = For and on behalf of: _... _ . Sean J.Martin Schoolcmtt,a minor, pursuant to 25 CM John Preckwiukle Jr. Date 162.601c. 0,09333 Undivided Itrterest 0.0416)Undivided lnterma Candace G.Patencio Rate KJtn Snyder,Superintendent 0.04167 Undivided latomst Bureau of Indian Affair's, Palm Springs Agency for and on behalf of_ The Undctcrmiwd Heirs of the -._. . Joseph Patti&Paterrcio Eswe,parsuantto 25 CFR John J-Patencio 11 Y Date 162.60la(3) 0.04167 Undivided Interest 0.16667 Undivided Interest m N o y � o m • � sm I ry w� � wr*t • aL7 n ]. ACMOWLEDGMENT 2 TATE OE NEVADA 3 ODNTY OF 111ZISHOE 1 4 On this 26th day of February, 2009, personally appeared before me RAYMON 5 REMINKLE proven to me to be the, p person whose name is subscribed to the "Two Year 6 evocable Permit on Indian Canyon and Ramon Road", and who acknowledged to me that h 7 xecuted the same- 8 10 N Y PUBLIC in and for said County and State 11 7.2 13 14 is 16 f- JM4NIFER J.SHARP '- i; i4otm PubUG-Bute of Nevada 10 17 ., .�" "la E9-59IS2-Ehpm Octw15,2911F 18 19 20 21 22 23 24 25 26 27 28 Acknowledgment - 1 a. -p rate r—menao Signal=,Pages for Landowneis an Allotment 35A ' B.LA. P 'R'RECEIVED RINGS r,GENCY 2099 FEB 27 AN I0- 09 Beverly Patentio Diaz Daze Ray L_Pat mein Jr. Date 4 0.05556 Undivided Interest 0.01389 Undivided Interest Barbara Lyons Date Virginia Siva-Giilespic Date 0.01852 Undivided Interest 0.04167 Undivided Interest Debrah Pamel Data Petra Sim ` ._ Date T 0.01852 Undivided Interest 0,04167 Undivided Interest Vincent Gomales Jr. Date Rence Rceder Date 0.0I=Undivided Interest 0.04167 Undivided Interest John Preckwinkle Jr. Date Samantha Siva Date 0.02778 Undivided Interest 0.04167 Undivided Interest Candace C.Patencio Date Torretra Louise Tors Date 0.01389 Undivided Interest 0.12500 Undivided Interest Jahn 1.pateneia 11 bate Larry Joe Torro Dace •a 0.01389 Undivided Interest 0.12500 Undivided Interest atertcio D Garry I=Truro Date_ m D 3 U vided 12500 Undivided Interest [ N o � _ —_ _ Od Preckwinkle- Date Jim Anthony Torro Date '� o .02773 Undivided Interest 0.12500 Undivided Interest a w Kim Snyder,Superintendent Daze Kim Snyder,Supmintende¢t late Bureau of Indian Affairs, Bureau of Indian Affairs, galm Springs Agency Palm Springs Agency and on behalf oP. for and on behalf of_ The Undetermined Hein of the Sean J.Martin Schoolcraff,a minor, pursuant to 25 CFR Joseph Patrick Pareneia Estate,pursuant to 25 CFR 162.c, 162.601a(3) 0.04167 Undivided Interest 0.5556 Undivided Interest 1 AC NOMEDGMENT 2 TATE OF NEVADA ) 3 DONTY OF WASHOE ) 4 On this 26th day o.0 February, ,2009 personally appeared before me RAYMON 5 RECRWINKLE, proven to me to be the p person whose name is subscribed to the "Two Yea 6 evocable Permit on Indian Canyon and Ramon Road", and who acknowledged to me that he 7 xecuted the same. 9 10 N Y PAALIC in aitd for said County and State 11 RF 12 ,...•��JFNNIFEfl d.3ofof Nevada raft 15, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Acknowledgment - 1 EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT Redevelopment Agency Facade Improvement Program Mar 11 03 10:45a Cunningham Painting 7603280767 p• 1 CUNNINGHAM PAINTING CONTRACTIPROPOSAL 03/11/09 O'LEARYS PUB&GRILL 436 S_INDIAN CANYON DR PALM SPRINGS, CA 92262 SCOPE OF WORK: PAINT 1) MASK ALL STORE FRONT WINDOWS AND PROTECT CONCRETE. 2) MASK ALL LIGHTING ON OVERHANG. 3) SCRAPE,SAND AND CAULK ALL AREAS WHERE NEEDED. 4) PATCH ALL CRACKS AND HOLES IN STUCCO. 5) SPOT PRIME ALL PATCH AREAS_ 6) PAINT STUCCO OVERHANG AND WALLS IN APPROVED COLOR. 7) REMOVE ALL MASKING AND CLEAN UP ALL DEBRIS. ALL WORK TO BE PERFORMED IN A PROFESSIONAL WORKMANLIKE MANNER. TOTAL LABOR AND MATERIALS:$4,800 BONDED& INSURED. LICENSE 4792766 FOR ANY QUESTIONS AND OR ACCEPTANCE PLEASE CALL MATT AT(760) 218-9212,