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HomeMy WebLinkAbout4/15/2015 - STAFF REPORTS - 2.F. � �pPLM sp9 iy c v m k i s �Oroux^ � Cq�IFORN`P CITY COUNCIL STAFF REPORT DATE: April 15, 2014 CONSENT CALENDER SUBJECT: APPROVE A FACADE GRANT AGREEMENT IN THE AMOUNT OF $50,000 WITH HUFF LATITUDE 33, LP FOR A PROPERTY LOCATED AT 449 EAST ARENAS ROAD, PALM SPRINGS 92262 FROM: David H. Ready, City Manager BY: Community & Economic Development Department SUMMARY Review and approve a Facade Grant Agreement in the amount of $50,000 with Huff Latitude 33, LP for property located at 449 East Arenas Road. The applicant has met the program criteria and qualifies for the Facade grant reimbursement upon evidence of payment of all eligible expenditures allowed under the program. RECOMMENDATION: 1. Approve Facade Grant Agreement in the amount of $50,000 with Huff Latitude 33, LP. 2. Authorize the City Manager to execute all documents related to the Facade Grant Agreement. STAFF ANALYSIS: On November 5, 2014, the City Council approved expanding the Facade Grant Program to all businesses throughout the City. The action also included a modification to the match dollar requirement for businesses located in the downtown construction zone, and a budget resolution approving the appropriation of $250,000 for the City-wide Facade Grant Program. This is an approval of a Facade Grant Agreement in the amount of $50,000, which is based on $5,000 per building for the Whispering Palms Apartment complex located at 449 E. Arenas Road. There are 10 separate buildings, consisting of 121 units, undergoing extensive interior and exterior renovations. This grant is essentially calculated on a $5,000 per building basis, but they are rolled up into a single agreement. The Whispering Palms Apartments have suffered many chronic physical issues. ITEM NO. City Council Staff Report April 15, 2015 -- Page 2 Facade Grant Agreement The applicant is an experienced investor in these types of properties and recently remodeled the Deepwell Apartments on East Palm Canyon Drive and Sunrise Way. The Whispering Palms rehabilitation plan includes complete hot and cold water plumbing replacement, brand new kitchen cabinets and appliances, new flooring, and interior paint scheme. The exterior improvement plan includes new exterior paint, upgraded landscaping, pool area, and removal and replacement of asphalt. The applicant's overall investment for both interior and exterior improvements is estimated at $3.2 million. The exterior (Facade) improvement estimates for the painting and asphalt work total $164,100. This project meets the criteria of the program by undertaking the economically successful renovation of a deteriorating site in a critical section of downtown. The Council Subcommittee recommended the applicant be qualified under the city-wide Facade Grant Program due to the property's location and available funds allocated to the program. Since the Facade Program applies City-wide, there are no issues with the location of the project in term s of eligibility. FISCAL IMPACT: No additional funding needed or is being requested at/this time. 01 ohn ymo d Director Cathy Van Horn,Economic DevelopmenfAdministrator David H. Ready, Ci r Attachments: Facade Grant Agreement with Huff Latitude 33, LP 02 �°E a ALM sp4 iy _ti Q V N �'°^w•n°''P' PALM SPRINGS COMMUNITY & ECONOMIC DEVELOPMENT 4411:0 ` FACADE IMPROVEMENT GRANT AGREEMENT FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this 15 day of April, 2015 by and between the City of Palm Springs, Community & Economic Development ("City"), and Huff Latitude 33, LP ("Owner"). Collectively the City and Owner are referred to as the Parties. RECITALS A. City has established an Exterior Property Owner/Tenant Improvement Grant program for businesses in the City of Palm Springs. B. Owner is the owner of a real property/business (circle one) located at 449 E. Arenas Road, Palm Springs, ("Property"), otherwise known as Whispering Palms Apartments (building or business). C. Grant Limitations. The City shall provide a Grant not to exceed $5,000 with a match contribution from the applicant. The Grant shall be 50% of the amount of the actual approved expenditure for the improvements described in Exhibit "D", up to the $5,000 cap. Businesses located on the east side of north Palm Canyon Drive between Tahquitz Canyon Way and Amado Road qualifies for a non-dollar match grant up to $5,000. D. Owner has applied for a Grant in the amount of $50,000 to make exterior improvements to the Property as described in Exhibit "A: Confirmation Letter and Exhibit "B,° Scope of Work. E. Owner has received all necessary approvals from the City's Planning, Building or Engineering Departments, which are shown in Exhibit "C", Evidence of Approval. The estimated cost of the work proposed is $164,100, as shown in Exhibit "D". F. The City 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, City agrees to grant to Owner the amount of $50,000 and Owner agrees to undertake the approved improvements, under the following terms and conditions: 03 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 90 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 City 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. Desian 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 maximum City matching grant shall not exceed $50,000 or $5,000 per building. The estimated cost of the work proposed is $164,100, as shown in Exhibit "D". 6. Evidence of Completion and Open for Business. The Parties agree that the City 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. The business must be open to consumers. 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 replacement of any dead or diseased plants with plants of a maturity similar to City of Palm Springs Facade Improvement Program 04 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 City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Owner: Steve Huffman 8910 University Center Lane, #425 San Diego, CA 92122 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. 14. Indemnification. Owner/Tenant shall indemnify and hold harmless, the City of Palm Springs ("City"), the City Council, its officers, agents, employees and contractors free and harmless from any liability whatsoever based and asserted City of Palm Springs Facade Improvement Program 05 upon any act or omission of the City 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. Authori . 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 City for this program. City of Palm Springs Facade Improvement Program 06 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" City of Palm Springs Date: By: Administrator, Community& Economic Development Date: By: Director, Community& Economic Development Date: By: David H. Ready, Esq., Ph.D. Executive Director APPROVED AS TO FORM: By: Douglas C. Holland City Attorney "OWNER" Date: By: Steve Huffman Date: City of Palm Springs Facade Improvement Program 07 EXHIBIT "A" CONFIRMATION LETTER SEE NEXT PAGE City of Palm Springs Facade Improvement Program 08 EXHIBIT "B" SCOPE OF WORK The Whispering Palms exterior rehabilitation plan includes new exterior paint, upgraded landscaping, revitalized laundry and pool area, and removal and replacement of asphalt. The exterior (Facade) improvement estimates for the painting and asphalt work total $164,100. City of Palm Springs Facade Improvement Program 09 "C° EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) SEE NEXT PAGE City of Palm Springs Facade Improvement Program EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT SEE NEXT PAGE City of Palm Springs Facade Improvement Program ] i PH, (951)940-. (760)320-960U Ucxert Division CONTRACT# 55- 8832 PH NPG CORPORATION FAX (951)940-91929192 NPG me 1357 Jet Way Perris,CA 92571 We Handle All Phases of Asphalt v^-••••••_^� HOA Specialist Cont.Lie.9664779 www.upgaaphaltcom "Where/ntegr/ty&Qua/ity Counts" DATE: 12/19/14 ESTIMATE TO(Client) Steve Huffman PROJECT; Asphalt Paving&Striping 8910 University Center Lane,Ste 425 LOCATION: San Diego,CA 92122 449 E.Arenas Road Palm Springs,CA Attention: Steve Phone: 619-997-7878 Fax: E-mail: sellapartmems( gmatil.com Estimator: PO NELSON PAYING A,SEALING furciaaRer called Coarnr.a r)quotes the following ,tiason to Client for fumbking the materials,labor and pertormtng the work hereinafter specified,subject to the ter.and tonditlons hereinafter tit forth on reverae side of ndmam, ASPHALT PAVING 1. Mill out 56,132 sq,R on 1.5"thick of asphalt,remove,haul,and dispose of legally ofA.im. 2. Clean existing asphalt paving as needed prior to placement of asphalt overlay. 3. Place 56,132 sq.R.of SS-IH material prior to placement of asphalt material(binder). 4. Plate 1.5"of PG64-10 asphalt material in order to construct 8 asphalt overlays totaling approx.56,132 sq,ft Roll and wmpflct STRIPING 5. Stripe project per existing layout with 131 double line stalls,9 handicaps,6 crosshatches,2 speed bumps,979 In.ft. of red curb with 4"No Parking Firs Lane"stencil,595 In.ft,of white curb.and 193 In.ft.of blue curb. TotalItems 1-5:..............................................................................._.............._........._..._$77,700.00 Price is valid through January 3151,2015 OPTION-SIGNS I. Remove 9 handicap signs with posts and 6 handicap entry signs with posts,haul,and dispose of legally offsita. 2. Famish and place 9 new handicap signs with posts and 6 new handicap entry signs with pours, Total Option: $2,775.00 initial If Accepted ••"Price is valid dtmugh January 31 st 2015 "Now:Please follow our Facebook page or NPG Asphalt ••Nom;Please visit our websile al www.npgasphaLLeom and auw.goldstmasphaltwm "-Note:Project will be completed in 3 move-ins. ""EXCLUSIONS:Permits,water costs.adjusting utilities,and ADA upgrades. PRICE TO BE DETERMINDED BY OWNERS OPTIONS AS INITIALED ABOVE NOTE:PAYh4ENT TF,RMSNET 30. NPG Inc.WARRANTIES all malcriolstworkmanship for a period of lyr Prom date of installation,cxapt rock shine,&crack filling as cracks are subject to reopening. NPG is not esponsible for any tracking of materials.Should NPG's recommended scope of work not be approved,NPG shall be indemnified at held harmless by eusmmer for ANY lain s arising out ofor related to the rejection of recommended work.NPO is not responsible for any unforeseen issues that may arise out Of=mot removals.ADA construction does not warrant 100%compliance. Price excludes engineering,plans,peroul",underground utility repair,landscape&sprinkler repair.Ifpermits are required,they will be charged at PLUS f 1 200.00. This proposal may be withdrawn by NPG Inc.if work not completed within 30 days.Contracts requiring any type of asphalt removals-extra charges will apply to customer if pavement reinforcing fabric is encountered-change order will apply. NOTE:UPON ACCEPTANCE OF THIS CONTRACT ALL TERMS,PROVISIONS,AND CONDITIONS AS SET fORTH ON THE REVERSE SIDE OF THIS CONTRACT SHALL BECOME PART OF THIS CONTRACT. ACCEPTANCE OFPROPOSAL The above prices.specifications,and conditions arc hereby acceined.You an,hereby authorizing NPG Inc.to do the work as specified above with Payment in full upon completion of work.Accepted by: Print More Title --- Authorized Signature Date 1` 2 PROPOSA � . ".�PAINTING P 0 Box 420067,San D.-go,CA 92142 Ph 1619)328-2140 Fax:�619)328-2142 10,10,201 conW@d:panll;om Lict817829 10 N I -. i o M atlas 11af13#Cul GIOLIP 4455%lorcria akd- 208 San Dicgo,CA 9211? Wtuspering:Palms Apartments Ann, Sic%c Huffinan ao We hereby submit ilim propow for the Ubove mentioned pnijecl IlIcalcil at 449 E-Atlola%Rd in Palm Spring.,; STUCC():CONCRETE SURFACES 96.400.00 I_ All shjcco;concrcle wrfaces will be pon-crwashed to remove dirt,dust,and debtii in preparation ll+r painting 2. Areas ot'stucco with cracks and holes or where the stucco i,chcaimegcafiog will be patched with stucco patching=10rlal- 3. Areas of concrete where peeling paint occurs,will he scraped to rchavve loose paint and primeat where hare concrete exists, 4 stucco concrete sorthirrs such as building wols,ovcricang,.and low%calls will he UPAIrcled forcQmrlere covcr.ltv in an exterior 1 OW.,acrylic t1al paint. WOOD SURFACES I- All" ,d surfacc.,wilt be powerwashed to renalve din,duq,and ticlaw in pritpumnon for pal tiling 2, Arras,if wood when:peeling pawn licCUrswill be scraped to remove imrse paint and pnin,,j whccetnctcwood exist,. 3, Wood surfaces such as siding pants.utility cabinet%,and firc extinguisher cabinets will be repainted for complete coverage In 4 The csrcrioridc of r,,,dcrt entry doors&frames,laundn rixim doors& frames.and utility doo"&funic"will be sundecl and their repainted for complete coverage in an"lector semi-gloss evarincl Paint 1113 AL SURYACES 1. NIcNil surf K,' such as stair mclings.blan-stringers,balcono, railings handrails.suplawl pass.pool(clicing,perimeter fencing& g I sign will he scraped or sanded.spot primed dvos,fire�xtrnguo;hcr boxes,trash gale-Pedestrian gale,,li�jjj pole,and morcurnicra, uliefe mm or hare metal exists.and repaired for complete coverage in an exterior industrial s vcu-glos,,clutuncl Paint 2 m primed where one ts�ramphvr4.disiviispiouls.gas cents, will be prepped.-p. ineral exists,and rclutated one coat in flat to match the ad)aceat surface,. EXC LL'SIO\S: Concrete decks.Tattles&benches.Curbs&saanilmg,ABC boxc,ufifil,h,,,jh)rmcr boxes,Patching of hairline cracks,Roinflop,Nuiparicra&Nvns.Rcriioval of plants&shrubs,Light fixtures,Window cleaning i1fief Power washing.Any pre%iously aninI surfaces.Wood repair&replacement,Art,% lead icsfing or abaleaWnl.AnN Items not listed above. ALTFR\-ATES L Tim fiberglass Poets helcok the wind"w5.which are in bad condition.will he replacod with a new sinvOth Plccc;*f olynK)d Price I not Included in rout proposal price)......_...".. 20,010 per panel F TOT7 86,400M 1(.�Allj jjc-tkjMIiR NITIRNRSHa i A1; rg;('- -&L: JA(K°V TS Ek IM:RAND o 7;jLfRIm ZOCNTIZI�TOVLIS`o;0iW%3` XI"v,k�(ITOMI aor��DN IT�'�XMNASDI lj� *i W For DC Painting,lnc�A QFMILANAU'"TNUTIMAar,"PRI N Ali kNOJ1- E,--J- S FE k 0 ",U 4 ALL%�l it'.�D TQ"SAaa c1`53LkWNASL 1�4Y I JL-rHFx w,KLL-U"j IN For Custorriev ai i v L41-�J&L M$1 to k%I,C Q.M ZLLJAv I NI, N I IF R E�'1,MLI -AJToLj QLUILA^LU�� _51.L� _�WtTIIS AT cut likki, ?J?-1401L��VLAILU o Y%TRQM—Iq t TIN7 TIIL?—"WET V-' %Ml I�E LN NV U'U7;INTt Name of Customer: 13 } T b Ff 3 . �g a tra W 1 R i*a 'ten ✓ 41e fig `3 � k � �t Y �e Y ♦ � a..r! A Ei N �n .041 la Nrenas Rtl e eIN -6v d °f - jug PhilOrnelas A n a a l4 L ON Pq c � .