HomeMy WebLinkAbout05802 - XPECT OF PALM SPRINGS FACADE IMPROVEMENT AGR FOR 174 NPC �pALM s
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PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
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EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS
FACADE IMPROVEMENT AGREEMENT
THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered
into this L day of f\Ar, rr �� 2009, by and between the Community
Redevelopment Agency of the City of Palm Springs, ("Agency"), and the
�Dr CT o-� —Pozl n 1 2aC I a Gnl r, s�, _
("Owner"). Collectively the Agei rcy and Owner are referred o at s 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 property(,busines (circle one) located within the
eligible area at 111 q {\',,nr r, -P/6,-J, '2 :AL-,--� -Dc Palm Springs,
("Property"), otherwise known as k �)L—C-;
(building or business).
C. Owner has applied for a Grant in the amount of $ z, z Ig, 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 A Z 6 , o
and Owner agrees to undertake the approved improvements, under the following terms
and conditions:
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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 �,F 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.
& 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
:.,F P,Ok"'EG'I r,! 70 L 227c;J,'
replacement of any dead or diseased plants with plants,gf aLmatuG iraaiJar.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: X ' CV 0�
O7u
Palm Springs, CA
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.
1-7
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
Date:_ 3 _ By:
. �
Communit Redeye opment Agency
Date: B
Assistant City Ma'-.(ager
Date: 11.0 By; 2
David H. Ready, Rt ., PhD.
Executive Director r� �a
ATTEST_ : APPROVED AS TO FORD ithout the Ex'rass R��Ntten
Authorization
Manager.
B y:
James Thompson Douglas C. Holland
City Clerk City Attorney
"OWNER"
Date: � �� B
Date:
i.: AFC M c v
Redevelopment Agency Facade Improvement Program
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THE CITY OF PALM SPRINGS/
PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS
ELIGIBLE REDEVELOPMENT AREAS
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THE CITY OF PALM SPRINGS/
PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY
EXTERIOR PROPERTY OWNERITENANT IMPROVEMENT GRANTS
APPLICATION FORM
APPLICANT INFORMATION
Business Name: -�
Business Address: /lp /rf
Applicants Name: A-wLj k/ft
Address; U
Phone; I. --�
Email:
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PROJECT DESCRIPTION
Description of Requested Improvements:
�f(� i N Please note that if the City or Agency
r ' provides all of the project funding, the ip,
maximum grantshall be $2,600. However,
lapplicants are encouraged to match City
funds; the maximum grant Increases to
$6,000 If the applicant matches the City
funds with a $2,500 private contribution,
Estimated Cost: The grant increases on a dollar for dollar
basis over$2,600, up to the S6,00ap.
Is this your estimated cost, or have you Amount applying for: S //?r '
obtained a bid or estimate from an
arcnite t or contracror7
self —contractor _architect
(Please provide a copy of estimate if
j available)
I
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page 1
1
EXHIBIT °C
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Redevelopment Agency Facade Improvement Program
FHB-03-2009 03:10 PPi
EELGIZgVE
..n'• 'I I,. Y_ 7G0 323 1808
S E�ELOFi(fifll ��_�Rh Ibu etc :104u P- ex
Woasmen Plazu, wessn 'tgmecufe Wear I�
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Palm 5pr1ngs DEVELDPMEN7 COMPANY The Gamer'
prnnnnada '
m4'2 memoou Canyon
pf n rk
GAnyca Nza,Nort,and Squth
ShapPlnu CWntnrn 1 y ' MW dnl Sol
TdhqullZ MeaA vlllga
4ato Palm sgUcre 'Rl Plau Ingllo PIAur
Ptu7n lea Flaias MaielWA dos'E TaViWu11Z Squerd
Ranrre Sun t+hble PIaEa at 3unriae ' BUnafp Pthtd
February 2,2009 i
XPECT
Attn , Dawn Jenkins "
174 N Palm Canyon R'rlve
Palm Springs,G 92262
Ra Exterior Property Tenant Improvement Grant
174 N Palm Canyon Drive,film Springs,Ca,92262
Ms.Jenkins, '
Thls iettar is to serve as notice that'Wessman Holdings,Ll dba:The Center,the landlord at the I '
above refarenca location; does hereby authorize XPECT and Dawn Jenkins to make the
Fallowing improvements ,to the exterior aremisebt using funds from`the City of Palm
Springs/Palm springs Community Redevelopment Agency.
1 ,
I. Repaint the Awning
2. Repalntthe ing,Wtter
3. Replacing the vandals scratching on front window
4. Replastering patio front wall cracks '
S. R6palgting outside W2119 qn patio(almilar color),
If you have any questions, please do not hesitate to 0:01itt me at 740-30-3050 x-22,
Sincerely,
1 ,
I 1
1 Martha Hlil 9
bke Presids"roporty Manager'
MN/Jh I
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3p0 3,PAW CANYOPJ DFRrve PA4M 4PRIN4S, CA 912112.PN4NE(76n)'325-305fl Fa'1C(760)325-6a�le
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OF PALM J'A -
� � �, City of Pair Sp�ril
Community and Economic Development Department
* a\� r 3200 It.114iqu¢z Canyou Way • f'alni Springs,California 92262 t v J TEL:(760)323-3259 • FAX(760)322.9325 • TDD(760)564-9i2,
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Cq �� Community Redevelopmem Agency• Coruniunicy Developmenr Block Giant
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February 18, 2009
X Pect
174 North Palm Canyon Drive
Palm Springs, CA 92262
Attention: Dawn Jenkins
RE: Facade Improvement Program
174 North Palm Canyon Drive
Dear Dawn:
The City of Palm Springs has received your application for an owner/tenant grant under
the Facade Improvement Program. Based on your application, you will be eligible for a
reimbursement of$1,800 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 Application
and/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,shaVCc)palms prinos-ca.gov.
Sincerely,
��
Diana Shay, Redevelopment Coordinator
P.S. Don't forget to take some digital before and after photos and email them to usll
cc: Cathy Van Hom, Economic Development Administrator
Post Office Box 2743 • Palm Springs, California 92263-2743
Gustavo Valdivia
fl andyalan NvoicE
66-117 Grajaada Av
besert clot Spriaas, CA 92240 �� - 1704DD7
760-8 135-S7S7
so�e� ror Ship To
Npect
174 No Palm Canyon Dr
fl7=" 1'Va Palm Canyoniyr Y
Palm Springs, CA 92262 Oakii springs, CA 92262
I
4 roocsa I -- J (Proposal)
ft2tiaAe�ce Y
Saes rep Sales Code terms Ship Via Fd Number
3rueu'ad sNipped Description Unit price Amount
- - -
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TOTAL DUE 1 s-
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Page 1 of 2
City of Palm Springs zm
Department of Planning Services a', 'I ; K'a � •^' A,j3200 East Tahquitz Canyon Way (� �'' A '1 0 k
. Palm Springs, CA 92262
Phone: 760-323-8245— Fax: 760-322-8 60 '-f .mil 4 y6
e a!'✓� }✓yA-7 ram- S r C�--+
SIGN PERMIT-SI / SP # 01 6 j ra
Sign Address 14q y19 I�t1LQrti4�•
APN f/ oR z o!o Zone f-50 % en. Plan C 5 r7 _Section 1~ Towns ip Range
Business Name ,2- S Date Submitted 2 Q9
_! C T r�Y I A-Iv1(_ �1�� t nc�
Applicant )d ?n� I S — �j Phone
Faxl - E-mail - I • c�n�
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 8-1/2"x 3/8" board
Type of Sign:
Subdivision Trade Construction Permanent Main
^—Pedestrian Directory —For Sale/Lease Permanent Pedestrian
_Convenience Temporary Menu Board
Designer:
Sign Company �L� Signs Representative
StreetAddress _City State Zip
Phone Fax E-mail Address
Design:
Number of Existing Signs Square Footage for Each
Number of Proposed Signs �� Square Footage for Each Z1 . 7 S tp
Materials l A11 tJg5 Colors C rce yn-
Type of Lighting a�
Location and Method of Mounting o� arw +•-G
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.cicode.us/codes/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
6) -
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
nmer or Contr t6rl Si nature P ing services&gnature Date of Approval Account Numbers
t 001-32205
\, 7•� - l ^'r 1 001-34308
�e gvn.ad 91';ommdm ^9^ of i
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
PROPOSALSUBMITTEDTO PHONE DATE
EXpect of Palm Springs
2/6l2009
ADDRESS JOB NAMC
174 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"EXPECT of Palm Springs"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 001100 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,services or
material,has a right to enforce his claim against your property
Under the law you may protect yoursolf 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 fifty percent(50%)of the contract price and shall,in addition to any conditions for the poRemrance of the contract,be
ccndidoned
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 Instltuated to collect any sums due and awing Beat Signs,Inc„there shall be added such additional amounts as court oo=and reasonable
Signature or payment of deposit constitutes acceptance of this agreement.
Authorized Jahn Cross
Signature John Cross
ao days
Acceptance of Proposal Nose This proposal maybe withdrawn by us if not accepted
The above prices Specifications and conditions are satisfactory and are X Signature x
hereby accepted You are authornted to do the work as specified Payment
will be ode
X 1a� D as outlined above. X
Date Acce nc .X Signature
Gustavo yaidi�via
I - -
66-1 17 Granada Av 03 - 000001
Desect hot Springs, CA 92240
760-83�r-57S7
sok'j `Co: Shim To:
Xpect
17A iNro Pnlw Canyon Dr 174 No Palm Canyon Dr-
Palm Springs, CA 92262 -"aim Springs, CA 92262
tiu � t✓sd y — (Proposal)
- — -...— ---- — -- -- -- -1•
6er
z — Sales Code Terms tvurr Ra eraneo Sales Rep Ship Vra Pa�LL�L-
Cldan"'Ta,/ Description --- 'Unix Price I Arrnounc
07 c,ered Shipped
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TOTAL DUE Z
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