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Home My WebLink About05805 - LG'S PRIME STEAKHOUSE FACADE IMPROVEMENT PROGRAM QDEXTERIOR PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PROPERTY OWNER/TENANT IMPROVEMENT GRANTS FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT !AGREEMENT (the "Agreement") is made and entered into this ZOPn day of 2009, by and between the Community Redevelop nt Agency of the City of Palm Springs, ("Agency"), and the S r�� n_ l�y� use a L ',, ("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 propert business (Cirde one) located within the eligible area at ZE2S So 1 �y, r i ,, Palm Springs, ("Property"), otherwise known as (building or usiness C. Owner has applied for a Grant in the amount of $ q-7 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 1 Zfsj 4 and Owner agrees to undertake the approved improvements, under the following terms and conditions: P1)1,7°"" URF41 Date To Fogg. 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 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 Pxhibit "I]", 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- 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 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. 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 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 Redevelopment Agency Facade Improvement Program APPRaM n3 70 F UFUV,. replacement of any dead or diseased plants with plantsapf a rnpturitysiiL� ail o_ 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: iS {7� .rn S�fa_Ok "35'e_ Palm Springs, CA Z-61 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. Redevelopment Agency Facade Improvement Program 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. r�T r� hr Redevelopment Agency Facade Improvement Program IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "Agency" City of Palm Springs C Date: B-ZQ - (�q By: Community Redevekapment Agency Date: By: .'��, cr Assistant City Mbnager Date: David H. Ready, EsEe{�., PhD. Executive Director ATTEST: APPROVED AS TO FORM: ames Thompson Douglas C. Holland City Clerk City Attorney "OWNER" Date: 3- Zo �� By : 1 - �✓ o�?�� Date: UP %119 ata Redevelopment Agency Facade Improvement Program EXHIBIT "A" MAP Redevelopment Agency Facade Improvement Program ;O pALM Sad ti Z c U y� THE CITY OF PALM SPRINGS/ PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY EXTERIOR PROPERTY OWNERITENANT IMPROVEMENT GRANTS ELIGIBLE REDEVELOPMENT AREAS F i4 t5 ` 1 10 �[ 4 tt 1220 — o ¢ f 111 13 22mw u / r ' z - Tr Tramway to Vista Chino iInn R I— nwQhe r I � q..... ..y.;a T E (7 Jim. 7� hxOREAii I� --+=TU - •to Ftiy, TFHQYITS r6 .a .22 �nR..nw Page 3 EXHIBIT "B" SCOPE OF WORK Redevelopment Agency Facade Improvement Program Ido k STD`-�► � �"OUSE "Locally Owned and Nationally Known" To The City of Palm Springs/Community Redevelopment Agency Scope of work as proposed by LG's Prime Steakhouse. 1. Repair of main signage in front of the restaurant. Repairs to each individual letter, to have them all functioning properly, as well as repair of damage Cause by small fie on the sign. Also included is repainting of the back of the sign. 2. Cover existing metal framework above main entrance of the restaurant. Canvas will be colored to match the original color of the existing patio structure. Company logo will also be printed on each side of the canopy. Canopy will be backlit on a light sensitive timer. 742251-TICHWAY ONE ELEVEN•PALM DFSERT, CA 92260-(760) 779.9799•FAX(760) 779-1979 255 SOUTH PALM CANYON DRIVE•PALM SPRINGS, CA 92262•(760)416-1779•FAX(760)416-1719 78525 HIGHWAY ONE ELEVEN•SUI"IE 100-LA QUINTA, CA 92253•(760) 771-9911•FAX(760) 771.1907 EXHIBIT "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) Redevelopment Agency Facade Improvement Program ,f City of Palm Sprin `� �- T �s Department of Planning Services 3200 East Tahquitz Canyon Way v �•• °r~ Palm Springs, CA 92262 Phone: 760-323-8245- Fax: 760F32283§0 J, VII 3� ^� - '� •� f } SIGN PERMIT—SI / SP # 0 i - SignAddress.a `7 ��P� ry CaVy r2\J APN Y) 7 - / Y 7 0 3-Y Zone<6%),:� Gen. Plan Section Y Township ? Range Of Business Name LC,`s Fc: Date Submitted Applicant Phone Fax7400 ui I 'f E-mail Submittal Items: 1) Scaled drawing of sign showing size, height, colors, and materials (3) 2) Photo showing location of existing and proposed signs on the building (3) 3) Free standing signs require a plot plan showing location in relation to structures (3) 4) Materials and color samples-no larger than 14"x 8-112"x 3/8" board Type of Sign: Subdivision Trade Construction Permanent Main _Pedestrian Directory ~For Sale/Lease Permanent Pedestrian Convenience For `Menu Board Designer: Sign Company n�_ Representative 4� •� t ^ 7 ^`3 StreetAddress_T`•i O? } Jon, Dc . •4 s City+ D State cn' Zip q-, z co Phone 34%,� "Sao Fax S 6�r t t E-mail AddressC ,yr C\��aR`;, .� Design: Number of Existing Signs 6 ti'2 Square Footage for Each • 8 h Z Number of Proposed Signs i w o Square Footage for Each Materials A van; �y Colors Type of Lighting ~ Location and Method of Mounting r< n Height of Freestanding Sign Linear Frontage of Business Conditions of Issuance—To be completed by Planning Services Department: 1) All signs must comply with Planning Commission conditions and section 93.20-00 of the Palm Springs Zoning Ordinance found at www.gcode.us/Godes/palmsprings 2) All signs must comply with the Uniform Building Code. 3) All exposed neon shall be equipped with a manual dimmer to establish light intensity. 4) Any non-approved signage must be removed. 5) All signs on Class 1 Historic properties to be approved by Historic Site Preservation Board / 7) NOTE: Any and all oversize plans must be folded to letter size (8-1/2" x 11") THIS PERMIT IS ISSUED CONTINGENT UPON REMOVAL OF ALL NON-CONFORMING SIGNS ON PREMISES f�tractor Si nature Plan�in Services Si lure Date of Approval ACwunt NumbersFowne�oiC y; 0.// _ g � J� �� S,/G 001-32205 iP Rcn:W vRo00/i0m t el O� PALM sp City of Palm Springs IryFr Community and Economic Development Department 3200 Chhywrz Canyun Way • Palm Sprmrs,California 92262 ILL:(760) 323-6_139 • FAX(760)322-8325 • TDD(760)864-9527 Commump 1lcdcvc10pmcnr Aetna • Devclopm, ,510d:G,aui Do.nmwn Devclupmenr• En,nomic DerJnpmenr • Hou,�,ng • Public Arc• lkcycln,p March 5, 2009 LG's Prime Steakhouse 256 South Palm Canyon Drive Palm Springs, CA 92262 Attention: Daniel Moore RE: Facade Improvement Program LG's Prime Steakhouse 255 South Palm Canyon Drive Dear Daniel: The City of Palm Springs has received your application for an owner/tenant grant under the Facade Improvement Program. Based on your application, you are eligible for a reimbursement of$4,853.47 from the City following completion of the work. The next step is for you to obtain all necessary permits and approvals from the City's Department of Planning, You will need to submit a Minor Architectural or Sign Permit Application including photos and color pallets showing proposed finishes. Please show a copy of this letter to the staff at the planning counter when you submit the application to have your fees waived. 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 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.shaygpalmsorinos-ca.gov. Sincerely, 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 �'�^C _ -_.:u=�.L".ed�^-•c,'yfi". r I ai)*J:i�fi�'""``�:^, , l= '� yh�—_ :iTr�._t_^� n'�1. ,gym •�� ! �F _ ,'� „ Iry•. 3^ i' 1, �'r , ,tl r N 1 ' ..! .. ; . TEA . To 41 PERMIT CENTER 'CITY OF PALM SPRINGS CASE#: TYPE: NAME APN1 ADDRESS 09-041 Sign ILG Steak House 513-153-028 255 S. Palm Canyon Drive CNANGE OF ZONE APPLICATION $0.00 NEGATIVE DECLARATION PRE APP FEE $0.00 MITIGATED NEG DECLARATION CONDITIONAL USE PERMIT $O.DO ENVIRONMENTAL IMPACT REPORT $O,Or D PLANNED DEVELOPMENT $0.00 FILING FEE DISTRICT APPLICATION FEE FINAL DEVELOPMENT PLAN FEE $D.00 CC AND R DEPOSIT VARIANCE APPLICATION FEE $0.00 MISCELLANEOUS FEE $0.0-0 INCLUDES SIGN VARIANCE TIME EXTENSION FEES MISCELLANEOUS FEES $OAO PI-SCELLAAFFOUSFILINGFE ACCs"r#CaS-34U67i7 r-fz5CELLANE0U5FEES ARCHITECTURAL APPROVAL FEE SIGN #001-32205 ADMINISTRATIVE MINOR MODIFICATION FEES IN LIEU OF#131-34359 PLAN CHECKS PLANNING FEE $0.00 RV #001-32210 PLANNING CC AND R $D.00 MISCELLANEOUS #001-34106 $0.00 MISCELLANEOUS FEES $0.00 MICROFILM/MISCELLANEOUS #001-34305 SURDIV£S1ON FEES ACCT 0W!-3221 OTHER MT5C TENTATIVE MAPS FEES FINAL MAPS FEES $0.00 LOT LINE ADJJCERT OF COMPLIANCE FEE ENVIRONMENTAL ASSESSMENT FEE $0.00 MISCELLANEOUS FEE $0.00 TOTAL FEE(S) I$0.00 The acceptance of an application or of a fee is not an entitlement or a permit to construct,change or alter any, portion of the property described in the application. R D O Rzz Y DATE �� 9/19/2009 ❑ Customer ❑ Cashier ❑ Finance 9 Planning 2445 Ime 4 Sor ILJSE "Locally Owned and Nationally Known" To the City of Palm Springs/Community Redevelopment Agency: As the owner of the property at 255 S. Palm Canyon Drive B-2 (LG's Prime Steakhouse) I hereby give my consent to two projects which the tenant wishes to undergo at the property. First: Repair of sign damaged by age and electrical fire Second_ Covering the existing framework above the main entry door. This is to consist of canvas, which is to be color coded to the existing building. The canopy will be back lit and have the business logo on both sides. Thank you, ,�`• Larry Kran r Building O er 74225 HIGHWAY ONE ELEVEN•PALM DF.SFRT, CA 92260•(760) 779-9799•FAX(760) 779-1979 255 SOUTH PALM CANYON DRIVE•PALM SPRINGS, CA 92262•(760)416,1779•FAX(760)416-1719 78525 HIGHWAY ONE ELEVEN•SU17E 100•L4 QUINTA,CA 92253•(760) 771-9911•FAX(760) 771-1907 STE�K�r TSE "Locally Owned and Nationally Known" To The City of Palm Springs/Community Redevelopment Agency This letter is to authorize Daniel Moore to apply for improvement grants offered by you on behalf of LG's Prime Steakhouse located at 255 S. Palm Canyon Drive Palm Springs, CA. Grail Greenberg Managing Member 74225 HIGHWAY ONE ELEVEN•PALM DESERT, CA 92260•(760) 779-9799•FAX(760) 779-1979 255 SOUTH PALM CANYON DRIVE•PALM SPRINGS,CA 92262•(760)416-1779•FAX(760)416-1719 79525 HIGHWAY ONE ELEVEN•SUITE 100 1 LA QUINTA,CA 92253•(760) 771-9911•FAX(760) 771-1907 EXHIBIT "D" CONTRACTORA/ENDOR AGREEMENT Redevelopment Agency Facade Improvement Program N Mmc, 19t5 PROPOSAL SIGN COMPANY pate 1 N C C> R 1+ 0 1 n •r 1: C.., 11�7-08 68895 PERE�Z ROAD 1-18 CATHEDRAL CITY, CA 92234 PHONE:760-322-6366 FAx:760-321-2682, L7L Job Name: LGs Steakhouse Hi III � Address: Same as billing Contact: Daniel 760-409-2187 uinta, CA 92253 Phone: 760-409-2187 Fax: WA E-mail: LGsdirotps@dc.rr.com - s - o q,"�:C=v ti'vil sr�.yr i(,;<f,�?.!,t1:�v,•i�, I t4,.,",. .', REPAIR---Main Sign Partially Not Lighting. Repair "Go 1 $750.00 $750.00 Subtotal $750.001 Tax $29.061 TOTAL $779.06I. 50% Deposit $389.53 The following is made In We of ail wamuntios,oxpmssad or Imphod-sailor,only obligation shalt be to replace such quantity ofthe product proved to be defective.Seller Terms:50%deposit due before any work will shall not be liable for any injury loss or damage,direct or consequential,ansing out of begin.Balance and all city fees due upon me use or Its inapilib to uuo the product.Balm using,user shall dotonnino the suitability of the product for his intended use and user assumes all risk and liability wha*scever In connection completion of sign.Check,Cash or Credit. marewith Finished art,mechanicsis and signs will be released for use by the client only.Mcrhamcals. If you have any further questions or original art,sketches and maturlals atherthan signs originated by the designer are the property of the designer,and will be held for me client unless otherwise shown.me client agrees to pay all cosC:for Collection In the event of dafault of vaymont by the client.including a reasonable attorney's fee.In the concerns, please don't hesitate to contact event of delinquent payments,the client will be charged a rate of 11)2'N,Interest for every month after your sales associate, Y(atECnn Quinn Me first 30 days.Not Responsible[or any mo¢handisu not claimod within 30 days Acceptance: Received: X Date: / / a,lnc 1975 PROPOSAL SIGN COMPAIii1Y Date I N <_`. [ m P C7 1� A 11, Y. L? 68895 PEREZ ROAD 1.18 CATHEDRAL CITY, CA 92234 11-7-08 PHONE:760-322.6366 FAx:760-321.2682 C ) LGs $teakh �S Job Name; LGs Steakhouse 8525 way IIIDSf Address: Same as billing 7 Contact: Daniel 760-409-2187 L uinta, CA 92253 Phone: 760-409-2187 Fax: N/A E-mail: LGsdirofps@dc.rr.com REPAIR Front Sign---Remove Existing Illuminated Channel 1 $3,300.00 $3,300.00 Letters. Remove Acrylic Backing & Replace with Lexan. Replace(1)Transformer. Repair Burnt Box&Re-install Letters with Proper Mounting Method. Time/Labor/Materials ack Sign---Remove ExistI III te,�lTannel 1 $ 00 Letters. Remo �1c BB eplace with Lexan. Re- install Lett rs ti rorP �per`M n Method. Time/Labor/ IaMatr i$ Subtotal $5,800.00I Tax $224.751 TOTAL $6,024.751 i3� 9 50% Deposit $3,012.38 obIIgetloo ahsll balto replace s made in such q eu of an0ty of tho expressed proved m be detIective.only Terms:50010 deposit due before any work will shall not op liable for any lniury,loss or damage direct or consequential,ansing out of begin.Balance and all city fees due upon the usa or the inability to use the product.Before using,user shall dMorimnv the suitability of the product for his Intended use and wor assumes all risk and liability whatsoever in connection completion of sign.Check,Cash or Credit. hamwith.Finished art,mechanlcals and signs will be released for use by the client only.Mechanlcals, original art,sketches and materials other than signs originated by the designer are the property of tho If you have any further questions or for collection m hend lll be hold for event of default oflient paymentss otherwise byhe client,including ahown.The client agree.to reasonabl attomey§fee.all in he concerns, please don't hesitate to contact event of delinquent payments,the client will be charged a rate of 11/2%interest for ovary month after sales associate, 6teC TL Quinn the first 30 days.Not Responsible for any momhandise not claimed within 30 days .your ' Q Acceptance: Received; X Date: / / Feh 28 us 02: 0aa noo Attn: Mr. Moore ses W.sth Street San Jacinto.CA 92582 LG' s 2kr n taur..,nt 1 ®r (951)654-0841 255 S. Palm Cyn ( (760) 3234059 Cont Lic.#447402 P,ilm Springs Fax: (951) 654-0843 E-Mail:shadeinc®verizon.net P.O. # J ID# SUBJECT: fabric covr_r DATE' 2-27•1-9 SIZE: " COLOR: nouamariDaIelr Color of rhnjr-c Scope_ of work---- build and install fabric on cxi.sting entrance fr:am add 2 1" steel ha=s to square cornors/paint to match fr�.ime total cosy of fabric and install $1$00. 00 letter 3' x 10' area with 'Logo/color black customer to supply artwork total cost inc- tax installed U> } $1200-00 !42 f f l La Alt ANot in scopo of work---- (� any and zill permits or Permission Dep. 1`"iOo-00 defy- quoted at time of deposit TERMS: BALANCE A deposit of 50/, is required at the time ew order is (DUE ON COM "�� placed. The BALANCE must 4e 160134AW VW 11*0r at fine of hsmbfiat 2% per ma lh vN7 ba added to past due acoott ta. The undersgpixl aJeW to pal' ada WS Isis ttltd all cosy inoAred in die collection of the monies due under this agreament. SIGNED ATE