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HomeMy WebLinkAbout05803 - YOUR FAMILY NAME FACADE IMPROVEMENT AGR FOR 172 NPC FpALMs A VJ '04�1«aR �P' PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 2, n' day of 7e,(orJa -1 2009, by and between the Community Redevelopment Agency of the 'City of Palm Springs, ("Agency") and the 0(50. ^ .rn l � :\i�rle ... , a �—I w_ti'�A Q ;1,. Gnu 1C.c.!"zi ("Owner"). Collectfdely 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 property/bys�(circle one) located within the eligible area at dY?7 0 �orrt �r �a� �,� Palm Springs, ("Property"), otherwise known as v�uur v��Lt1 6yf�naP (building or usinEs C. Owner has applied for a Grant in the amount of $ 2 , j,9L4 , 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 `-t Z, safe?. �o and Owner agrees to undertake the approved improvements, under the following terms and conditions: PPR® ORM F-.:f:VIC i . «�rv.. �... 7 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 SG 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. 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 r` F 3 U L� ��.iL7 replacement of any dead or diseased plants with plant%. a_matur�similar for 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: �� r 7 �ctinu VQa't e /p J Palm Springs, CA 11. In�rated 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. Redevelopment Agency Facade Improvement Program IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "Agency" City o Palm Springs Date: `Z O� By: v. Community Redevel4went Agency Date: Assistant City Manager Date: d By:— � David H. Ready, Ear D. Executive Director ATTEST: APPROVED AS TO FORM: James Thompson Douglas C. Holland City Clerk City Attorney "OWNER" Date: v By : � o Date: ", :r Al, LY';'17 V„� u✓To �W�._ w4....wJ6..m'j sl'J Redevelopment Agency Facade Improvement Program g $,�ZoN�T'i'�P THE CITY OF PALM SPRINGS/ PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS ELIGIBLE REDEVELOPMENT AREAS 1 Y 9 Y4 is 1S xs i5 TO YS SF � 3 3 0 s G �� YY � Y2 SO e xo RI n TS mw rT7 Q 23 n Tramway to Vista Chino s y n a L -- ryII J �� �r.uRe.ai iY 7 Y e f A �KMONw y4 41 1�11 Page 3 FES-02-2009 10 -44 AM BELGRQVE 790 323 1806 P. 02 r Z- v' THE CITY OF PALM SPRINGS/ PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS APPLICATION FORM APPLICANT INFORMATION SualneasName: V&uR I am Business Address: p Afl— Applicant's Name: Address: �1 Phone: �ia� 32-2 - �/ o 3 Emall: PROJECT DESCAlPTION Description of Requested Improvements: /� " N�N� Please note that If the City or Agency j N provides all of the project funding, the maximum grant shall be $2,500. However, I ` . 1 applicants are encouraged to match City R► funds: the maximum grant Increases to R O P $5,000 If the applicant matches the City funds with a $2,500 private contribution. p R'se The grant Increases on a dollar for dollar ° PIAA basis over$2,600, up to the$5,00cap. fIs this your estimated cost,or have you Amount applying for: S .nA obtained a bid or estimate from an archi or contractor? self _contractorarchitect (Please provide a copy of estimate If available) i' Page 1 ,I 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 YOUR FAMILY NAME 2/612009 ADDRESS JOB NAME 172 N. Palm Canyon Dr lettering on awning, alum sign studmounted CITY,STATE ZIP J06# LOCATION Palm Springs, CA 92264 0902-29223- same as above We hereby submit specifications and estimates Quantity Description Price Extended Installation 1 BSI to hand paint"Your Family Name LLC" onto the existing $394.00 awning. Letters to be approx 11.25"and painted with black one shot lettering enamel A sample will be provided upon request. Subtotal CA Sales Tax Installation $394.00 Total $394.00 Please call with any questions. Thank you! We propose hereby to furnish material and labor-complete in accordance with above specifications, for the sum of: Three hundred ninety four and 00/100 Dollars: $394.00 TERMS: 50% DEPOSIT/ BALANCE 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,sorvltos or material,has a right to enforce his claim agalnsi your property. Under the law,you may protect yourself against such claims by filing,before commenting such work of improvement,an original contact 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 Inshtuated to collect any sums due and owing Best Signs Inc.,there shall be added such addltlonal amount..as court costs and reasonable Signature or payment of deposit constitutes acceptance of this agreement. Authorized John Cross Signature John Cross 30 days. Acceptance of Proposal �/ Note: This proposal may be withdrawn by u it not accepted The above prices specifications and Conditions are satisfactory and are X Signature X hereby accepted You are authorized to do the work as specified. Payment will be made �/ X as outlined above X Date of Accoptance:X Slgnaturo u J'J /�- L` Gustavo Valdivia Handyman INVOICE 66-117 Granada Av 03 - 000001 Desert Mot Springs, CA 92240 760-835-5757 Sold To: Ship To: Your Family Name Your Family Name 172 No Palm Canyon Dr. 172 No Palm Canyon Dr. Palm Springs Palm Springs (Proposal) (Proposal) Reference Sales Rep Sales Code Terms Ship Via PO Number Gustavo CASH Quantity Quantity Description Unit Price Amount Ordered Shipped VJ D o- TOTAL DUE Thank you! Page 1 of 2 EXHIBIT "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) Redevelopment Agency recede Improvement Program FEB-02-2009 10 :45 AN BELGRAVE 760 323 1808 P. 04 FES-02-2008 MON 10140 AM NESSMAN DEVELOPMENT FAX NO, 760 325 5848 P, 02 Wossman Plaza wessan I 7amacwa Wez Palm Sp"[To DEVELOPMENT COMPANY The Canter Promenade Canya NIAZP MGYL7CI0 on Plaz 6usmeas Park Canyon Plaza' Narch and South , Shuppmg Cantcars Para del Sol Tubgmir. MasnVillne Race Farm Square Rublaoux Plaza India?107n PIizE1 laa Flerns 'Halrlwa.ler'e' hlhqunr.Squ�lie ' FlOchu 44n Pnbla Plaza at SUM1,19W 6arlsto Plw> February 2, 2009 YOUR FAMILY NAME Alm. Robert Pleeho 172 N Palm CagVon Drive Palm Springs,C�A 92262 Re Exterior Property Tenant Improvement Grant 172 N PBIm Canyon prlve, Palm Springs,Ca 92262 Mr. Plephol This latter,is tolserve as notice that Wassman Holdings,,LLC dba;The Center,the landlord at the above referenced location, does hereby authorize Yoyr Family Name and Robert Plepho to make the Following Irriprovemerit4 to the exterior promises using fund'' from the City of Palm Springf/Palm Springs Community Redevelopment Agency, 1, Re-pointing the Awning 2. Re-painting the Lettering •3. Replacing the vande'lized front sign 4.1 Pvtlo light replacement S. Faux column around the existing meRal support colump If you have any questions,please do not hesitSte to contact me at 760.325.3050 x-22. Sincerely, MarthaHlggin 1 Vice President/Property Manager MH/Ih $00 5,F14LM CANYON DRIVE•PALM SPRINOB,CA 922e7•PHONE(760)325.3050 PAX(7gd)'926.5846 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 YOUR FAMILY NAME 2/6/2009 ADDRESS JOBNAME 172 N. Palm Canyon Dr lettering on awning, alum sign studmounted CITY,STATE.ZIP JOB# LOCATION Palm Springs, CA 92264 0902-29223- same as above We hereby submit specifications and estimates Quantity Description Price Extended Installation 1 BSI to hand paint"Your Family Name LLC"onto the existing $394-00 awning. Letters to be approx 11,25"and painted with black one shot lettering enamel. A sample will be provided upon request. Subtotal CA Sales Tax Installation $394.00 Total $394-00 Please call with any questions. Thank you! We propose hereby to furnish material and labor-complete in accordance with above specifications, for the sum of: Three hundred ninety four and 00/100 Dollars: $394.00 TERMS: 50% DEPOSIT/BALANCE UPON COMPLETION NOTICE TO OWNERS Underthe 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 yolirsefi 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 contractor's payment bond be recorded in such office Said bond shall be in an amount not less than fitly percent(50%)of the contact price and shall in addition to any conditions for the performance of the contract be conditionod for the payment in full of the claims of all persons furnishing labor,services,equipment or materlaIs for the work described in said contract In the event litlgahon Is instituated to collect any sums due and owing Beat Signs Inc.,there shall be added such additional smourns as court costs and reasonable Signature or payment of deposit constitutes acceptance of this agreement. Authorized John Cross Signature John Cross 10 days. Acceptance of Proposal �J Note: This proposal may be withdrawn by us if not accepted The above prices apecificatbhs and conditions are satisfactory and are X Signature X hereby accepted You are authorized to do the work as specfiod. Payment will be made X as outlined above X Date of acceptance:X signature is N N Aul ' tv, s 3 y I I 4 j A PALM s Office Use Only PPROVAL Date Submitted: o Case No- dPPr (e—�a�,� ✓ �o� c y Planner: G e ln�•�9f n��o �� CITY OF PALM SPRINGS s Department of Planning Services P� MINOR ARCHITECTURAL APPLICATION (M 4A) TO THE APPLICANT: 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 Tahquit_z Canyon Way, Palm Springs CA 92262 — Phone: 76 0-3 2 3-8 244 55 — Fax: 760-322-2380 Project Address: Applicant's Name: 4/ (Applicant must be the owner or 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 print) ' Owner/Agent Signature: ff yx �j Mailing Address: � I �, (Number and Street Name or P 0.Box) City Slate ! �7 Zip Telephone: WLQ QA 03 Cell: �l� V —�I/6l�Fax.- Mini Revised W20)(4drn 4 of 9 PROJECT MANAGER: �S V V, A Telephoner [ Cell: Fax- E-mail address: (This information MUST be kept current with the City at all times.) PROJECT SITE INFORMATION: /�- Property Name (if any). Y/ }� e Detailed Description of Proposal: Ill rI Existing Building Square Footage: Proposed Addition Square Footage: Gross Lot Area: Assessor's Parcel Number: �7 Zone: c Q b General Plan: L "� c) Section/Township/Range. / 1 / / (Please continue to next page) Minor AA Fevis d 0812007lidm 5 of 9 APPLICANT'S REQUIRED MATERIAL CHECKLIST MINOR ARCHITECTURAL APPLICATION. The following items must be completed before a Minor Architectural Application. will be accepted. Please check off each item to ensure completeness. Refer to the REQUIRED MATERIALS list of this application for more details of each item. Applicant City Use Only Onl Application: + Original completed Application C Detailed Site Plan: /\ + 24" x 36" or 11" x 17 N/A IS/ ❑ ❑ (Folded to letter size) Architectural Elevations: + 24" x 36" or 11" x 17" N/A L� ❑ ❑ (Folded to letter size) Colors and Materials Exhibits: + Color and material samples - Loose or mounted on a board. (Photos may be a substitute when colors will match existing.) ❑ Existing Site Photographs: + Existing Site Photographs Planning Department, checked by: Date- Minor M Revised 0 812 0 0 711dm a vl 9 The following forms must be completed in the presence of a Notary Public. Sel the form best fitting the type of authonzahc Squired OWNER AFFIDAVIT State of California - ss. County On before me, Date Name and Title of Officer personally appeared ame s o igner s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an d that by his/her/their signatures(s)on the instrument the person(s), 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. WITNESS my hand and official seal Signature of Notary Public ------_--yvyy ----------------------LESSEE OR AGENT AUTHORIZATION ------------------------�__ State of California ss. County: On before me, ate Name and Title of Officer personally appeared Name(s)o Signer(s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), an d that by his/her/their signatures(s) on the instrument the person(s), 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. WITNESS my hand and official seal Signature of Notary Public ------------------- ^� LESSEE AFFIDAVIT -yNot Less Than 25-Year Leasehold ^^ State of California County: On before me, Date Name and Title of fficer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), orthe 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. WITNESS my hand and official seal Revised 2 2D0611tlm Signature of Notary Public EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT Redevelopment Agency Facade Improvement Program 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 YOUR FAMILY NAME 2/6/2009 ADDRESS JOBNAME 172 N. Palm Canyon Dr lettering on awning, alum sign studmounted CITY STATE,ZIP JOB# LOCATION Palm Springs, CA 92264 0902-29223- same as above We hereby submit specifications and estimates Quantity Description Price Extended Installation 1 BSI to hand paint"Your Family Name LLC"onto the existing $394-00 awning. Letters to be approx 11,25"and painted with black one shot lettering enamel. A sample will be provided upon request. Subtotal CA Sales Tax Installation $394.00 Total $394.00 Please call with any questions. Thank you! We propose hereby to furnish material and labor-complete in accordance with above specifications, for the sum of: Three hundred ninety four and 00/100 Dollars; $394.00 TERMS: 50% DEPOSIT/BALANCE UPON COMPLETION NOTICE TO OWNERS Under the Mechanics'Lon 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. Underthe law.you may protect yourself against such claims by filing,before commencing such work of improvement an anginal 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 contractor's payment bond be recorded In such office, sold bond shall be In an amount not less than fifty percent(50%)of the egntract price and shall in addr6on 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 instituatod to collect any sums due and awing Best Signs.Inc.,there shall be added such additional amounts as court costs and reasonable Signature or payment of deposit constitutes acceptance of this agreement. Autharrded John Gross Signature John Cross so days. Acceptance of Proposal �/ Note This proposal may be withdrawn by us it not accepted The above prices,specifications and condrdons are satisfactory and arc X Signature X hereby accepted. You are authorized to do the work as 5pccmed. Payment will be made X as outlined above. X Date of Acceptance:X Signaturo fa ; to Ta a i c Gustavo Valdivia Handyman. INVOICE 66-1 i 7 Granada Av 03 - 000001 Desert Hot Springs, CA 92240 760-835-5757 Sold To: Ship To: Your Family Name Your Family Name 172 No Palm Canyon Dr. 172 No Palm Canyon Dr. Palm Springs Palm Springs (Proposal) (Proposal) Reference Sales Rep Sales Code Terms Ship Via PO Number Gustavo CASH Quantity Quantity Description Unit Price - Amount Ordered Shipped N 0� w TOTAL DUE Thank you! Page 1 of 2