HomeMy WebLinkAbout3/18/2015 - STAFF REPORTS - 1.B. 'PALM SA
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DATE: March 18, 2015 PUBLIC HEARING
SUBJECT: CONDUCT PUBLIC HEARING UNDER SECTION 53083 OF THE
CALIFORNIA GOVERNMENT CODE TO APPROVE GRANT
AGREEMENT UNDER THE CITY'S SPECIAL ECONOMIC
DEVELOPMENT FOCUS INCENTIVE AREAS PROGRAM WITH MISTER
LYONS, LLC FOR A PROPERTY LOCATED AT 233 EAST PALM
CANYON DRIVE, PALM SPRINGS 92264
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
Review and approve Grant Agreement under the "Special Economic Development
Focus Incentive Areas Program for Renovating Major Properties as Catalyst Projects"
for Mister Lyons, the former Lyons English Grill at 233 East Palm Canyon Drive. The
applicant has met the program criteria and qualifies for the grant reimbursement upon
evidence of payment of all eligible expenditures allowed under the program.
RECOMMENDATION:
1. Approve the Special Economic Development Focus Incentive Areas Grant
Agreement with Mister Lyons, LLC in the amount of$250,000, as submitted.
2. Authorize the City Manager to execute all documents related to the Special
Economic Development Focus Incentive Areas Agreement.
STAFF ANALYSIS:
On July 3, 2013, the City Council adopted Resolution 23413 approving the creation of
two Special Economic Development Focus Incentive Areas, generally located along the
major corridors south of Ramon Road and north of Tachevah Road, along the
entryways into the Downtown and Uptown areas. On September 4, 2013, the City
Council adopted Resolution 23433, amending the budget for Fiscal Year 2013-14 to
provide the $1,000,000 in funding for the Special Economic Development Focus
Incentive Areas.
ITEM NO.
City Council Staff Report
March 18, 2015 — Page 2
Major Catalyst Project Remodel Grant Agreement—Mister Lyons
The Special Focus Incentive Area Program is a collection of several City incentives to
create an inducement to redevelop vacant properties or spur stalled development
projects in the area. The four types of investments that the City approved include:
• assisting stalled vacant land projects
• renovating and repositioning major vacancies as catalyst projects
• creative uses of the Hotel Incentive Program for small, dilapidated hotels
• extending the Facade Improvement and Interior Remodel programs for the area
On January 7, 2015 the City Council adopted Resolution No 23746 amending the
budget for the 2014-15 fiscal year to provide $300,000 for the incentive grant program.
The City Council also approved amending the guidelines for the Special Economic
Development Focus Incentive Program Area, modifying the programs expenditure
threshold as follows: keep the $250,000 maximum grant and keep the 3:1 private-to-
public leverage, requirement, but allow the eligibility to remain in place (up to $250,000)
for remodels that fall within the range of $500,000 to $1,000,000, on a sliding scale
basis. Example: Owner spending $600,000 on a project would receive a
reimbursement of $150,000 (based on 3:1 leverage). Additionally, the City Council
requested all new applications for interior remodel or major projects be reviewed by the
Council Business Retention Subcommittee.
The purpose of this hearing is to approve an economic development subsidy grant
under the City's "Renovating Major Properties as Catalyst Projects" program to Mister
Lyons, LLC, tenant of a 9,000 square foot commercial space located within the eligible
area at 233 East Palm Canyon Drive, Palm Springs, California 92264. Mister Lyons, is
in the former Lyons English Grill space. The former owner of the restaurant has retired,
and the building and business were in tremendous need of renovation and updating. It
represents an investment of over $1,230,000 in a another very large restaurant space in
an area that has only recently seen resurgence in commercial activity, largely through
other restaurants already in the Incentive Program. The work at Mister Lyons includes
complete interior and exterior upgrades, including kitchen modifications to bring up to
code, interior walls and flooring upgrades, full roof repairs, parking lot and landscaping
replacement, electrical, HVAC, security, and sound system upgrades.
The Grant Agreement includes a Performance Note, which is recorded against the
property, and which provides the City a mechanism to recapture grant funds if there is a
default under the Agreement within the first years after the business is open.
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City Council Staff Report
March 18, 2015 -- Page 3
Major Catalyst Project Remodel Grant Agreement—Mister Lyons
FISCAL IMPACT:
The Special Focus Area Incentive Program represents a significant commitment by the
City as a way to encourage new business investment in the project area. Additional
funding in the amount of $300,000 was appropriated in January 2015, which is sufficient
to cover this agreement and provide funding for several smaller projects currently in the
application process. No additional funding is needed at this time.
J n Ray and Di ctor Cathy Van rn, Economic
Development Administrator
David H. Ready, City Mana
Attachments: Grant Agreement
Public Hearing Notice
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" COMMERCIAL — RETAIL
„a ,.•s MAJOR "NEED—BASED" ASSISTANCE FOR
Cq<+FoaN�P RENOVATING MAJOR VACANCIES AS
CATALYST PROJECTS
GRANT AGREEMENT
THIS RENOVATING MAJOR VACANCIES (the "Agreement") is made and entered into
this 18 day of March, 2015, by and between the City of Palm Springs, ("City"), and
Mister Lyons, LLC, the ("Tenant"). Collectively the City and Tenant are referred to as
the Parties.
RECITALS
City has established a Major Need-Based Catalyst Vacancy Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
Mister Lyons ("Tenant") is a tenant of a 9,000 square foot commercial space located
within the eligible area at 233 E Palm Canyon Drive, Palm Springs, California 92264
("Property"), otherwise known as Mister Lyons. The Property is owned by Palm Springs
S & S, Inc. ("Owner"), of Palm Springs, California. Owner has provided its consent to
the Tenant for the property improvements and for the Tenant's application for incentive
funding.
Grant Criteria. In order to receive the maximum amount under the program, a building,
cluster of buildings or single space must be at least 8,000 s/f. Tenant proposed an
expenditure of at least $1,000,000 — excluding the acquisition of the property. Tenant
has approved renovation plans and completed all work necessary for the renovation,
and underwent a pro forma analysis by the City.
City Investment. Under the Major Need-Based Catalyst Vacancy Program, the
maximum dollars per building square foot committed by the City is $30/s/f., which is
reserved for high potential dollars-per-square-foot projects projected to produce
significant revenue for the City through sales taxes, property taxes and other revenue.
Leverage. Under the Major Need-Based Catalyst Vacancy Program, the applicant
(Owner or Tenant) must spend $3.00 for each $1.00 committed by the City, which is
higher than other incentive programs offered by the City, which typically require a 1:1
match.
Grant Maximums. The maximum City matching grant under the Major Need-Based
Catalyst Vacancy Program shall not exceed $250,000, i.e. if the applicant's interior
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improvement cost is $1,000,000, the City Match Grant would be $250,000, provided it
did not exceed $30.00/s/f.
Tenant has applied for a Grant in the amount of $250,000 to make interior
improvements to the Property as described in Exhibit "B," Scope of Work.
The City has confirmed that the Property is in a building constructed 45 years ago and
was at risk of being vacant for more than six months, and that the conversion of the very
large (9,000 square foot) space into a functioning business would not have been
economically feasible without an incentive program.
The City has determined that, in addition to the high cost of converting the oversized
space into a functioning business, the location (Exhibit "A") of the business on a section
of South Palm Canyon Drive which has traditionally suffered from a high level of
vacancies, presents an additional measure of risk to investors, making it additionally
economically marginal without an incentive program.
Tenant has received all necessary approvals from the City's Planning, Building and
Engineering Departments, which are shown in Exhibit "C", Evidence of Approval. The
estimated cost of the work proposed is $1,231,982.84 as shown in Exhibit "D".
Tenant has substantially completed the construction of the project and will receive sign
off from the City's Planning and Building Departments and from Riverside County
Department of Environmental Health.
The City has reviewed the application, the evidence of financial participation by Tenant,
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 Tenant the amount of $250,000 and Tenant
agrees to complete the approved improvements, if necessary, and operate the business
under the following terms and conditions:
AGREEMENT
1. Property Ownership/Right to Undertake Work. Tenant represents that it holds
Tenancy in the Property, which entitles it to undertake interior physical
improvements to the Property and has consent of the landlord to perform such
work.
2. Form of City Assistance. The Program assistance authorized by this
Agreement shall be in the form of a grant to an eligible business, secured by a
Promissory Note (Note) that is amortized each year of the three year Compliance
Period. Such Note terms shall include the right of the City to place a lien against
the business' (Tenant's) interest in the affected property and may include
repayment provisions that do not require monetary repayment upon business
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performance meeting defined criteria.
a. The City and the eligible business shall enter a written agreement detailing
the responsibilities of both parties, including but not limited to a the grant
assistance by the City described in this Section, and the continued
maintenance of minimum business activity and employment levels by the
business; and
b. The program features a "clawback" provision: the assistance will be made
as a "loan" by the City to the business, but the amortization will be their
continued presence and operation in the City for a specified period of time.
If the company fails to satisfactorily remove mechanics liens from any
work funded by the city, sells the business, ceases operating the
business, or reduces its employment levels below the committed level, it
will be required to repay the City the unamortized portion of the
assistance; and
c. The City may include repayment provisions that may or may not require
monetary repayment, depending on the business' performance meeting
criteria defined in this Section; such agreement shall be secured by a lien
against the business and/or the property at which the business is located;
and
d. The City shall file a Notice of Completion against the property at the
issuance of the Grant check, and the company agrees that any
outstanding mechanics liens against the project are the responsibility of
the company and not the City, and responsibility for the release of such
liens and that the failure to do so would trigger a "clawback" described in
Section B in the amount of the outstanding lien.
e. The company shall attest that the business would not have located or
expanded in the City without the benefit; and
f. The City shall attest that the total economic benefit to the community of
the new sales tax, other taxes, and additional jobs, by its own calculations,
exceeds the amount of the grant, and that the broad public benefit created
by the program in terms of payroll and taxes paid exceeds the private
benefit, and that there are no other reasonable alternative measures
available to the business to finance the improvements or create the public
benefit; and
g. The agreement shall assure that the business will remain in the City for a
minimum of three (3) years at the proposed business activity and
employment level, or repay the City based on a straight-line amortization
of the assistance; the commitment "amortizes" the City's loan to the
business at a rate of 33.3% of the dollar amount of the benefit per year;
and
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h. Prior to the first anniversary of this Agreement, a certification form shall be
submitted by the tenant to the City for verification. Upon completion of the
verification process the lien placed on the business will be reduced by one
third of the benefit amount paid. This process will continue annually for a
total of three years, starting during the 2"d year of the initial employee
certification process.
3. Required Findings for Assistance. In October, 2013, Section 53083 was
added to the California Government Code. Section 53083 states that before
granting an economic development subsidy, each local agency shall provide
public notice and a hearing regarding the economic development subsidy.
"Economic development subsidy" under Section 53083 means any expenditure
of public funds or loss of revenue to a local agency in the amount of one hundred
thousand dollars ($100,000) or more, for the purpose of stimulating economic
development within the jurisdiction of a local agency, including, but not limited to.
bonds, grants, loans, loan guarantees, enterprise zone or empowerment zone
incentives, fee waivers, land price subsidies, matching funds, tax abatements,
tax exemptions, and tax credits. The City Council, prior to approving assistance
to an eligible business, must make the following findings:
(1) The name and address of all business entities that are the
beneficiary of the economic development subsidy: Mister Lyons,
LLC, 233 E. Palm Canyon Drive, Palm Springs, CA 92262
(2) The start and end dates and schedule, if applicable, for the
economic development subsidy. The subsidy shall be made after
the project is approved by the City and County Department of
Health, and all work completed to the City's satisfaction, and
evidence of payment made, as well as evidence of at least a 3:1
match of private funds to City dollars. In this case the work has not
been completed and currently in the building and safety approval
process. The restaurant is expected to open March, 2015. The
project shall have a three (3) year Compliance Period from the date
of opening.
(3) A description of the economic development subsidy, including the
estimated total amount of the expenditure of public funds by, or of
revenue lost to, the local agency as a result of the economic
development subsidy. The subsidy is in the amount of $250,000 to
make interior and exterior improvements to the Property in order to
renovate the existing restaurant into a large restaurant and club
with a pool component. The assistance authorized by this
Agreement shall be in the form of a grant to the eligible business
described in Section 2 of this Agreement.
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(4) A statement of the public purposes for the economic development
subsidy. The City has confirmed that the Property was a vacant
space in a building constructed at least 45 years ago and has been
vacant more than six months, and that the remodel of the very large
space into a functioning business would not have been
economically feasible without an incentive program.
Additionally, the City has determined that, in addition to the high
cost of converting the restaurant into a functioning business, the
location of the business outside the downtown and in a relatively
economically depressed section of Palm Canyon Drive, presents an
additional measure of risk to investors, making it additionally
economically marginal without an incentive program.
However, the financial strength and deep experience of the
applicants mitigates the risk factors and makes the incentive a
positive for the restaurant, the surrounding development, the
neighborhood and adjacent businesses.
(5) Projected tax revenue to the local agency as a result of the
economic development subsidy. Over the next ten years the City
expects to receive at least $200,000 in direct sales taxes, plus its
allocated share of increased property tax. The project will also help
act as a catalyst for future development in its area, thereby
increasing property tax to the City as well.
(6) Estimated number of jobs created by the economic development
subsidy, broken down by full-time, part-time, and temporary
positions. The restaurant expects to create 50 total jobs: 8 full-time
and 42 part time employees
4. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
5. Term. The obligations to the City by the Tenant under this Agreement shall
remain in place for a period of three (3) years from the date of the agreement first
above written, unless extended by mutual agreement of the parties. Following
termination, Tenant shall have no obligation hereunder.
6. Contractor. The Parties agree that Tenant has sole responsibility for choosing
and hiring the contractor, which shall be shown in Exhibit "U', ContractorNendor
Agreements, and the acceptance of the material used and the work performed is
Tenant'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 Contractor's License from the State
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of California and a valid City of Palm Springs Business License. Contractor may
be a payee for a portion of the grant reimbursement.
7. Design Approval and Permits. The Parties agree that Tenant 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.
8. Grant Limitations. The maximum City matching grant shall not exceed
$250,000, which is the 9,000 square feet of the building space multiplied by the
maximum $30/s/f of City contribution. The estimated cost of the work proposed
is $1,231.962.84, as shown in Exhibit "D". The leverage is $7.75 of Tenant
dollars for each $1.00 of City dollars. The Grant is secured by a Promissory Note
(shown in Exhibit "E") entered into by the Tenant for the amount of the Grant,
which shall be reduced annually by one-third over the three year Compliance
Period, after the City certifies a Certificate of Continuing Compliance (shown in
Exhibit G.) City liens are subordinate, as described below in Section 9D.
9. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Tenant 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.
10. Release of Contractor Liens. The Parties Agree that the Tenant is responsible
for obtaining the release of any Mechanics Liens or other liens placed upon
Tenant's property by any contractor or subcontractor hired under this program.
If the Contractor is the payee for any portion of the work, a full release of
Mechanic's Liens or other contractor liens shall be exchanged and released
simultaneously with the payment for the City. Failure to release contractors' liens
is described in Section 2 of this Agreement.
11, Maintenance. Tenant, for itself and its successors and assigns, hereby
covenants and agrees to maintain and repair or cause to be maintained and
repaired the Property and all related on-site improvements and landscaping
thereon, including, without limitation, buildings, parking areas, lighting, signs and
walls in a first class condition and repair, free of rubbish, debris and other
hazards to persons using the same, and in accordance with all applicable laws,
rules, ordinances and regulations of all federal, state, and local bodies and
agencies having jurisdiction, at Tenant's sole cost and expense. Such
maintenance and repair shall include, but not be limited to, the following: (i)
sweeping and trash removal; (ii) the care and replacement of all shrubbery,
plantings, and other landscaping in a healthy condition; and (iii) the repair,
replacement and restriping of asphalt or concrete paving using the same type of
material originally installed, to the end that such paving at all times be kept in a
level and smooth condition. In addition, Tenant shall be required to maintain the
Property in such a manner as to avoid the reasonable determination of a duly
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authorized official of the City that a public nuisance has been created by the
absence of adequate maintenance such as to be detrimental to the public health,
safety or general welfare or that such a condition of deterioration or disrepair
causes appreciable harm or is materially detrimental to property or improvements
within one hundred (100) feet of such portion of the Site.
a. Parking and Driveways. The driveways and traffic aisles on the Site shall
be kept clear and unobstructed at all times. No vehicles or other
obstruction shall project into any of such driveways or traffic aisles.
Vehicles associated with the operation of the Property, including delivery
vehicles, vehicles of employees and vehicles of persons with business on
the Property shall park solely on the Property.
b. Right of Entry. In the event Tenant fails to maintain the Site in the above-
mentioned condition, and satisfactory progress is not made in correcting
the condition within thirty (30) days from the date of written notice from
City, City may, at its option, and without further notice to Tenant, declare
the unperformed maintenance to constitute a public nuisance. Thereafter,
the City, its employees, contractors or agents, may cure Tenant's default
by entering upon the Site (Property) and performing the necessary
landscaping and/or maintenance. The City shall give Tenant, its
representative or manager reasonable notice of the time and manner of
entry, and entry shall only be at such times and in such manner as is
reasonably necessary to carry out this Agreement. Tenant shall pay such
costs as are reasonably incurred by City for such maintenance, including
attorneys' fees and costs.
C. Reimbursement of Costs. If such costs are not reimbursed within thirty
(30) days after Tenant's receipt of notice thereof, the same shall be
deemed delinquent, and the amount thereof shall bear interest thereafter
at a rate of the lower of ten percent (10%) per annum or the legal
maximum until paid. Any and all delinquent amounts, together with said
interest, costs and reasonable attorney's fees, shall be an obligation of
Tenant as well as a lien and charge, with power of sale, upon the property
interests of Tenant, and the rents, issues and profits of such property.
City may bring an action at law against Tenant obligated to pay any such
sums or foreclose the lien against Tenant's property interests.
d. City Liens Are Subordinate. Any monetary lien provided for herein shall
be subordinate to any bona fide mortgage or deed of trust covering an
ownership interest or leasehold or subleasehold estate in and to any
Property approved by City pursuant to this Agreement, and any purchaser
at any foreclosure or trustee's sale (as well as any deed or assignment in
lieu of foreclosure or trustee's sale) under any such mortgage or deed of
trust shall take title free from any such monetary lien, but otherwise
subject to the provisions hereof; provided that, after the foreclosure of any
such mortgage and/or deed of trust, all other assessments provided for
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herein to the extent they relate to the expenses incurred subsequent to
such foreclosure, assessed hereunder to the purchaser at the foreclosure
sale, as owner of the subject Site after the date of such foreclosure sale,
shall become a lien upon such Property upon recordation of a Notice of
Assessment or Notice of Claim of Lien as herein provided.
12. Obligations Upon Sale or Transfer
a. City Approval of Transfer Required. For a period of three (3) years after
the date of this Agreement, Tenant shall not Transfer the Property or any
of Tenant's rights hereunder, or any interest in the Site or in the
improvements thereon, directly or indirectly, voluntarily or by operation of
law, except as provided below, without the prior written approval of City,
and if so purported to be Transferred, the same shall be null and void. In
considering whether it will grant approval of any Transfer by Tenant of its
interest in the Site, City shall consider factors such as (i) the financial
credit, strength, and capability of the proposed transferee to perform
Tenant's obligations hereunder; and (ii) the proposed transferee's
experience and expertise in the operation, financing, development,
ownership, and operation of similar businesses .
b. Written Agreement Required. In the absence of specific written
agreement by City, no transfer by Tenant of all or any portion of its interest
in the Site (including without limitation a transfer not requiring City
approval hereunder) shall be deemed to relieve it or any successor party
from the obligation to continue to operate the business or any other
obligations under this Agreement. In addition, no attempted transfer of
any of Tenant's obligations hereunder shall be effective unless and until
the successor party executes and delivers to City an assumption
agreement in a form approved by the City assuming such obligations.
C. Exceptions. The foregoing prohibition shall not apply to any of the
following:
1. Any mortgage, deed of trust, sale/lease-back, or other form of
conveyance for financing, but Tenant shall notify City in advance of
any such mortgage, deed of trust, or other form of conveyance for
financing pertaining to the Site.
2. Any mortgage, deed of trust, sale/lease-back, or other form of
conveyance for restructuring or refinancing of any amount of
indebtedness described in subsection (a) above, provided that the
amount of indebtedness incurred in the restructuring or refinancing
does not exceed the outstanding balance on the debt incurred to
finance the acquisition of the Site and construction of improvements
on the Site, including any additional costs for completion of
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construction, whether direct or indirect, based upon the estimates
of architects and/or contractors.
3. The conveyance or dedication of any portion of the site (or sites) to
the City of Palm Springs or other governmental agency.
4. Any mortgage, deed of trust, sale/lease-back, or other form of
conveyance for financing provided that the principal amount of the
loan does not exceed eighty-five percent (85%) of the value of the
land and improvements thereon.
5. The granting of easements to any appropriate governmental
agency or utility to facilitate the development of the Site.
6. A sale or transfer resulting from or in connection with a
reorganization as contemplated by the provisions of the Internal
Revenue Code of 1986, as amended or otherwise, in which the
ownership interests of a corporation are assigned directly or by
operation of law to a person or persons, firm or corporation which
acquires the control of the voting capital stock of such corporation
or all or substantially all of the assets of such corporation.
7. A sale or transfer of forty-nine percent (49%) or more ownership
interest to a member of the transferor's immediate family, a trust,
testamentary or otherwise, in which immediate family members of
the transferor are the sole beneficiaries, or a corporation or
partnership in which the immediate family members or
shareholders of the transferor have controlling majority interest of
more than fifty-one percent (51%).
8. A change in the respective percentage ownership interests
exclusively of the present owners of Tenant (as of the date of this
Agreement), but this shall not authorize the transfer of any interest
to any person or entity who is not a present Tenant of Tenant.
9. Mechanic's liens removed prior to foreclosure or liens for current
year property taxes not paid.
13. Enforcement. In the event Tenant defaults in the performance or observance of
any covenant, agreement or obligation of Tenant pursuant to this Agreement,
and if such default remains uncured for a period of thirty (30) days after written
notice thereof shall have been given by City, or, in the event said default cannot
be cured within said time period, Tenant has failed to commence to cure such
default within said thirty (30) days and thereafter fails to diligently prosecute said
cure to completion, then City shall declare an "Event of Default" to have occurred
hereunder, and, at its option, may take one or more of the following steps:
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a. By mandamus or other suit, action or proceeding at law or in equity,
require Tenant to perform its obligations and covenants hereunder or
enjoin any acts or things which may be unlawful or in violation of this
Agreement; or
b. Take such other action at law or in equity as may appear necessary or
desirable to enforce the obligations, covenants and agreements of Tenant
hereunder; or
Except as otherwise expressly stated in this Agreement, the rights and remedies of the
parties are cumulative, and the exercise by any party of one or more of its rights or
remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by another party.
MISCELLANEOUS PROVISIONS
14. Covenant Against Discrimination. Tenant 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.
15. 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
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Attn: Economic Development Administrator
To Tenant: Tara Lazar and Marco Rossetti
Mister Lyons, LLC
622 North Palm Canyon Drive
Palm Springs, CA 92262
16. Integrated Agreement. This Agreement contains all of the agreements of the
parties and cannot be amended or modified except by written agreement.
17. Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
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18. 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.
19. Indemnification. Tenant agrees for itself and its successors and assigns to
indemnify, defend, and hold harmless the City of Palm Springs ("City") and the
City, the City Council, its officers, agents, employees, independent contractors,
members, officials, volunteers, and representatives from and against any loss,
liability, claim, or judgment relating in any manner to the Project excepting only
any such loss, liability, claim, or judgment arising out of the intentional
wrongdoing or gross negligence of City, or its respective officers, officials,
employees, members, agents, volunteers, or representatives. Tenant, while in
possession of the Site, and each successor or assign of Tenant while in
possession of the Site, shall remain fully obligated for the payment of property
taxes and assessments in connection with the Site. The foregoing
indemnification, defense, and hold harmless agreement shall only be applicable
to and binding upon the party then owning the Site or applicable portion thereof.
Tenant shall indemnify and hold harmless, the City of Palm Springs ("City") and
the City, the City Council, 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 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.
20. 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. Tenant certifies that the above
statements are true and accurate to the best of Tenant'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.
21. Continuing Compliance. The public purpose of the Major Need-Based Catalyst
Vacancy Program is to promote the development of viable businesses in major
vacant commercial spaces in the incentive area, leading to expansion of good
quality jobs in the City of Palm Springs. It is the responsibility of the Tenant as
beneficiary under this Agreement to ensure the cooperation and compliance of
the ongoing obligations under the program, including submitting a Certificate of
Program Compliance (Exhibit "F") to the City for a period of three years from the
anniversary date of this agreement. If the Tenant (1) transfers the Property
during the compliance period without prior consent of the City, (2) ceases
operation of the Business during the Compliance Period, or (3) fails to provide
the City with the initial or any of the annual Certificates of Continuing Program
11
14
Compliance certifying that they remain in business and continue to operate and
employ workers in the business, to be provided to City each year during the three
year compliance period, the City may seek repayment of the "unamortized"
portion of the Grant from the Tenant under the terms below. The City shall have
complete and absolute discretion in determining whether lack of program
compliance is cause for termination.
22. Recordation. The City Clerk shall record this Agreement and the Promissory
Note in the Official Records of the County of Riverside, California.
SIGNATURES ON NEXT PAGE
12
15
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
"City,
City of Palm Springs
Date: By:
Community & Economic Development
Date: By:
Director
Community & Economic Development
Date: By:
David H. Ready, Esq., Ph.D.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"TENANT"
Date: By:
Tara Lazar, Mister Lyons, LLC
Date: By:
Marco Rossetti, Mister Lyons, LLC
13
16
CALIFOWNA.au-PURPOSE ACKNOWLEDGMENT CPAL CODE g nee
A notary pubic or wtw dkw oanialmv#a certificate ver"only the meaty of the individual who agmd do
doomia t to witch this rarlificae c anwhed,and not the tnMhtlnaee,acaragt a vafdity of that doamwL
State of Caiforms }
Ccrady of }
on before me,
Ode Here km t Atom and Tdh of the Offbar
paeonsiy sippeared
Na"Wo )
who proved to rre on the tresie of satisfactory evidence to be the peracn(s) whose rmme(a) Ware
au6mibed to the with am rument and wknowledged to nre that hafahellhoy exscvted the sane in
haRrerAtrai authodzad capacity(im),and that by hisAwAheiskinor ue(s)on the mswmad fire peraon(s),
a the entity ups beha f of which the peeaen(s)acted,rr a sled the irmhtaTmnt
h certify under PENALTY OF PERJURY order the larva
of the stab of Gal fo nia that the foregoing pare~
is true and correct
VMNESS my hand and official seat.
Sfgradrre
Sig mfue ofHofafyPL6FV
Ptxe NoLry Seat Above
OPTIMAL
Thargh this aschm!s opborml,completing this Waffrradan can defer aeeratiah of the document err
kaudrtantraaNechnerd of this tam to m udnEabad dlw t.
Dae=pEorr of AttaGred Drmrrent
Tree or Type of Document Document Data:
Number of Pages: ',3rgneds) Other Than Named Above:
Cepecityfiee)Cinkned by Signer(s)
Signer's Mane: Signers,Norm:
❑Capoete officer—TO*Y ❑C«Poate Officer—Tdl*y
❑Partrw— O L"erdbd ❑General ❑Partner— ❑Lunited ❑General
❑IrdMoluai ❑Atbmey at Fad ❑ldi xkW ❑Attorney m Fact
❑Throttle ❑Gwrdw or Camervator ❑Trustee ❑Guardian or Conservator
❑Other. ❑ORtar.
Signer to Representing: signer le Represerdig:
01014 Nabord Nomry Aaaociahm-w Nshmal afay mg-14100-Ds NOTAEtY o-BOB-875 tIB.'.7) Rem#=7
14
17
EXHIBIT "A"
LOCATION/MAP
233 E. Palm Canyon Drive, Palm Springs, CA 92262
Lot 33 MB 014/652 SD
Palm Valley Colony Lands
4F-�f
Parcel NumE.r:Ws a 3o02 f
3110/�'ea0.233 E P CNON DR V t' /;.•.
"P.WI'WNGG.G SINC -,
QnreI1:P.WA$PWNGSION OR,
Mme11 MaIInp M6n0-�3E WMWSCA WN4
"PNY 9PWNC8.G 92260
i OnMr2:
1 or Mi!301" gD
LepaIlNMmrton- DR
EDT 33xeo COWND • �'.
-PUMau£rcolnrvv
u++Ds �
2en.n2 c(
Em UDI(so Mssssor 46.609
W Siv,(e0cemlffie 52673
Y001 BYill
auuen2'+ar. '
rvmes swsuft
Dowmema oWeaum
wlmncnsarwc � x'
?r
MIX&AGE—nnos 11 m.v o,c�.om.� -A
15
14
EXHIBIT "B"
SCOPE OF WORK
Exterior improvements include:
Complete roof remodel including re-direction of water flow, reface building with new
stucco, rebuild mansard and install new copper diamond tile to facade, parking lot
asphalt, striping, curb and gutters, install grease trap, update fire sprinklers, electrical
and HVAC, and build new perimeter walls and new complete landscaping. Create new
patio space and fire pit.
Interior improvements include:
Repair water damaged walls and drywall, remove and replace FRP in kitchen, remove
and replace wall tile where necessary, install new wood and tile flooring, install
bathroom partitions, wall tile, plumbing and electrical fixtures, install new doors and
booths, replace audio visual and communication equipment, paint complete interior per
designer selection and color schedule, install wall coverings, furnishing and install
kitchen and bar equipment.
16
19
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, AND/OR ENGINEERING DEPARTMENT APPROVALS)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work: Yes X No
If yes, Building Permit No.:
17
20
Oevp`M sp4�9 City of Palm Springs
BUILDING PERMIT
Fy
Building Address: 233 Palm Canyon Dr E
Date 02124/2015 Case No.:Glenn Permit AngelaLaFrance
Submitted Technician
Owner Address Phone
Jeffrey Lyon 211 E Palm Canyon or 760 880 5246
Palm Springs CA
Contractor Address Phone Lic.Number
Better Built Inc 1050 Palm Canyon or N 760 275 6677 969828
Palm Springs CA
Architect Address Phone
Engineer Address Phone
Lot# Block# Tract Parcel Number
Lot Size Zone Occupancy
Building Sq.Ft. Garage/Carport Roofed Patio/Porch Remodeled Area
New
Use of building Permit Type Const.Type Fixture Units
Commercial Commercial Addition/alteration
Fire Sprinkler Units Valuation Permit Fees Paid
8500.00
Describe work in detail:
Handicap ramp.
Special Conditions:
DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE WORK IS INSPECTED
IMPORTANT
The issuance of this permit shall not be held to be an approval of the violation of any provisions of any city or county ordinance or state law.
Inspections of work are subject to an approved set of plans being on the job. Changes to plans are not to be made without permission of the Building and
Safety Divisions.
The owner and/or contractor is responsible for establishing all property lines. All utilities must be underground.
This permit will expire if work is not started in 180 days or if more than 180 days elapses between
inspections.
I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit and understand that these requirements must be
completed prior to final inspection and that no certification of occupancy will be issued until such time as these requirements are met. I certify that I have
read this application and state that the information is true and correct.
OWNER/CONTRACTOR/AGENT DATE ISSUED BY Finaled
This is a Building when properly filled out,signed and validated,and is not transferable.
PERMITNUMBER 2015-564 ��
EXHIBIT "D"
CONTRACTOR/VENDOR AGREEMENT
18
22
PROPOSAL OF SERVICES
1050 N.Palm Canyon Or.-Palm Springs,California 92262
BMES BUILT INC. P:760.864.7364 - F:760.325.6173 - www.Better-Built-Ino.com
o ateesa
CUSTOMER
- bESCRIPTIOY . AMOUNT
Mr.Lyons Restaurant EXTERIOR SCOPE OF WORK'As Per Plan
ESTIMATE NO Complete roof remodel Inicut ing re-direction of water from,
20( 11315 Reface buildingwith new stucco,Rebuild Mansard and Install new copper
pper tliamond file to facade.
DATE Parking lot aspnalt,striping,curb and gutters,with Installation of Low Voltage.
1114115 Install Grease Trap.Update Fire Sprinklers.,Electrical and HVAC at Roof
Build new perimeter walls and provide new complete landscape.
ADDRESS
233 E.Palm Canyon on DENIOSITLON as pal'nla T 1 lyde: is 23,21)1
CI�TATgrylP
Palm Springs,CA 62282 L As par plan_Remove existing asphalt and concrete.
2.Remove Palm Tree Stumps
PHONE 3.Remove Mansard where nec
essary
617.650.7983 4.Bin Dumpsters
is 6,000.00
E MAIL ROOF as per Plan To Include;
$ 41,196.00
Jonathon
1.Demolition and repairs as needed,and prep for new urethane
Installation.
REPRESENTATI4E
2, V thick of 2.731b Foam,with(8)year warranty.
Michael Yakovlch COPPER NWAD apap a TnJclyds; 46A30.00
PR04ECT t.To fabricate and install Copper Diamondplate tiles.
Lyons Restaurant SPRINKLERS as per planTo Include, $ 10,013.00
PREPARED BY'
Michael Vakovlch -
t.Oemp,relocate and ra-install fire sprinkler main and
branch line on on rooftop-Demo is required of existing msted pipe and replaced by new.
FRAMING a get PlanTo Iii $ 32,OOD.00
ATTENTION
1.Framing including crickets and re-frame of mansard.
JnnafOnn Hisee h
PAYMENT TERM
2.Installation of the new elevation with 2x4,2x6
and plywood structural for bath sides.
Metw 3.Structural requirements to meet codes.
DUE-PATE 4.Newdoorways.
STUCCO as per PlanTo Include, $ 34,228.00
1.Patch,prep and repair all stucco,smooth finish.
2.Install new stucco for whole structure.
3.Patch and prep at new door window and patio openings.
PARKING LOT ASPHALT as Per PlanTo Include- $ 6.722.00
Seakoat including:
t.Provide and set up barricades and ribbon to block workarea.
2.Clean approx.27,483 Sf of existing asphalt of
all loose debrk and dirt.
3.Apply(1)coat of Grand Top seal and approx.
27,483 Sf of existing asphalt
Striping including'.
4.Provide and set up barricades and ribbon to blockwork area.
5.Restricts and stencil as per existing layout.
ONC FTZ as.par plan T Ip uudi: $ 20,683.00
1.Flatwars and curbing.
BLOCK WORK Set per planTo Include:
t.Perinteterwalls. $ 19460.4U
2.Gatron walls Patio walls and block walk.
Page 1 d, 23
CUSTOMER DESCRIPTION AMOUNT
LAND54ARF1.R€f&An_T4.104Lde; 8 72,000.00
1.Per plan.
qBEME TRAP as per Rim To Include- i 30.000.00
1.Hook Up to city sewer
NVAC as per plan T.Include
i.Remove,repair and reinstall unit to roof and install 8 15,049.50
new ducting at roof.
DOOR as per plan To Include, E 90,685,15
1.Demo and Frame all openings per plan.
2.(3 nq 3/0 x 6/8 x 1 314 Hollow metal ext doors and jambs.
(1 tf)We x Y8 A 314 Hollow metal ext door antl jamb.
'Hardware includes rim panic device's with exterior trim,door
clossm and complete weather stripping inform of door sils
and thresholds.Hung on commercial grade hinges.
3.(301)610 x 6/8
4.(1 01)l 010 x 618
5.(1 ttq 1210 x 618
ELECTRICAL as per plan To Include, S 16,000,00
i.Remove and m-installcondui and panel on roof
2.Remove,repair and reinstall lighting per plans.
3.Remove and reinstall slgnage.
4.Add lighting where necessary
TRASH ENCLOSURE PsPer—vJm-TmJnvWAQ E 1,830.00
1. Fabricate and Install new doors.
PAINTING asp r plan To In lul E 16,400.00
1.Complete exterior per color schedule.
2.Paint doors.
3.Metal fascia lights.
4.Metal sign frames
5.Trash enclosure-block walls and floor.
Prime and top coat of Epoxy finish.
6.Trash enclwure-New doors.Prime and paint.
EXTERIOR CONTINGENCY 90 10%
1 $481,899.35 E 48.11
INTERIOR SCOPE OF WORK:As Per Plan
Repair water damaged walls and drywall.Remove and Replace FRP in kitchen.
Remove and Replace wall tile where necessary Install new wood and tile flooring.
Install bathroom parthons,wall tile,plumging and electrical fixtures.
Install new doers and booths.All Audio Visual and Communication Equipment.
Paint complete interior per designer selection and color schedule.Install wall coverings.
Furnish and Install Kiethen and Bar equipment.
Create new patio space and firepit.
STRUCTVRA4-;agLRJal lai, S 8,500.00
i.Ae per plan and code requires,inelluding beams and posts.
FRAMING asgnrpJanT41nehl. E 18.000.00
1.New door ways and at water damage removal.
2.New paho and firepit.
DRYWALLAND FRP,e per plan To Include- $ 1200000
1.New at all water damaged areas.
Page 2 of 4 24
nn_s_Tn_uc_c - -
OEWRIPIION AMOUNT
2.PetCh and Repair throughout
3.FRP as per code where necessary.
ELECTRICAL I T l l d $ 35,669.00
1.Installation of 0,dunes and recessed lighting.
2.Area brough to code as necessary.
3.Kitches and Barcomponents.
MMBINOas_perplan_Tojn Imi $ 281999.33
1.Installation at Kitchen,Baths,Bar and Firepit.
OOORSNNNDDWSIMILLWORK as Rer plan To Include- $ 62.000.00
1.Provide and Install.
BATHROOM FLOORING w per PlanTo Inclui $ 19,000,1)p
1.Provide and Install.
TILEFLOORING Ss perRk TaJ0cjodd• $ 31,000.00
1.Provide and Install
WOOD FLOORING a $ 54,000,00
1.Provide and Install.
ISIIGLIEN FLOORING ASPFB..PbLN To l elude,• $ 3,000.00
1.Per Health Department requirements.
N0OTHS la TcjnPllMo: $ 18,500.00
1 Remove,Recover and RepaioReplace as necessary
EOVIPMENT as ner Plan To Include, $ 53,321.68
i.Asper plan costs.
AUDI VISUAIICGM.MVNICAT 0NAj;_perplan To Include,; $ 36,750.00
1.Sound,Cabling,cable,TV Phones,Alarm,Cameras and wiring.
FIREPLACE a=,p pIA T 1 d $ 4,601
1
PAINTING a.Pe,PlanTo l l d • $ 21,000.00
1.Prep and prime all newwork and at repairs.
2.Two coats finish per color schedule.
INTERIORCONTINGENCVI 5 43,81)1
1.$438,064,01
DESIGN 8 MANAGEMENT Ini '$ 54,500.00
1.Design Fees
2.Drafting and Plans.
3.Structural and talcs.
4 Permitting
5.Project management and supervision.
SUBTOTAL $ 1,028,635.70
2051.CONSTRUCTION OVERHEAD S 206,327.14
TOTAL 5 1,231,962.84
THIS PROPOSAL INCLUDES THE CONDITIONS NOTED.
Enter conditions here
Sign Here to Accept Quote: 25
Page 3 U 4
EXHIBIT "E"
PERFORMANCE NOTE
$250,000 Palm Springs, California
FOR VALUE RECEIVED, (`Tenant'), otherwise known as Mister Lyons,
LLC a California limited corporation ("Maker"), promises to pay THE CITY OF PALM
SPRINGS, a California Charter City ("Holder") at 3200 E. Tahquitz Canyon Way, Palm
Springs, California 92262, or at such other address as Holder may direct from time to
time in writing, the sum of Two Hundred Fifty Thousand Dollars ($250,000) (the "Note
Amount'), together with interest thereon at the rate set forth herein. All sums payable
hereunder shall be payable in lawful money of the United States of America. This
Promissory Note ("Performance Note") is made in connection with that certain
RENOVATING MAJOR VACANCIES AS CATALYST PROJECTS GRANT
AGREEMENT by and among Maker and the City of Palm Springs ("City"), dated as of
January 7, 2015 (as amended the "Agreement').
The Agreement provides for a City matching grant of $250,000, calculated as no less
than 9,000 square feet of the building space multiplied by the maximum $30/s/f of City
contribution. The estimated cost of the work proposed is $1,231,962.84, as shown in
Exhibit "D". The amount of the Note entered into by the Tenant for the amount of the
Grant, shall be reduced annually by one-third each year over the three year Compliance
Period, after the City certifies a Certificate of Continuing Compliance. City liens are
subordinate, as described below.
1. Interest Rate. The Note shall not bear any interest.
2. Term. The term of this Performance Note shall be for thirty-six months.
3. Repayment. No payments are due on the Note, with the exception that the
principal amount of the Note Amount shall be immediately due and payable upon
(i) any default of the Agreement, which is not cured within the time set forth in
Section 13 of the Agreement.
4. Prepayment of City Performance Note Amount. The purpose of the Note is to
ensure Performance under the Agreement. With the exception of an event of
Default described in the Agreement, Maker may not prepay to Holder the full
Note Amount, at any time prior to the due date of the Note Amount without
penalty.
5. Application of Payments.. In the event of a default of the Agreement, each
payment made by Maker hereunder shall be credited first to interest then
accrued and the remainder, if any, to principal. Interest shall cease to accrue
upon principal so credited.
6. Security. This Performance Note shall be recorded against the Property in the
Official Records of Riverside County.
7. Holder May Assign. Holder may, at its option, assign its right to receive payment
under this Performance Note without necessity of obtaining the consent of the
Maker.
19 28
8. Maker Assignment Prohibited. . In no event shall Maker assign or transfer any
portion of this City Performance Note without the prior express written consent of
the Holder, which consent may be given or withheld in the Holder's sole
discretion. Notwithstanding the foregoing, the Maker may assign one time only
its interest in this Performance Note upon prior written notice to the Holder, but
without the Holder's consent, to a single purpose entity to which the Maker or its
principals own a share and are part of the management structure as Managing
Member or Co-Managing Member ("Permitted Transferee").
9. Attorneys' Fees and Costs. In the event that any action is instituted with respect
to this City Performance Note, the non-prevailing party promises to pay such
sums as a court may fix for court costs and reasonable attorneys' fees. Holder's
right to such fees shall not be limited to or by its representation by staff counsel,
and such representation shall be valued at customary and reasonable rates for
private sector legal services.
10. Non-Waiver. Failure or delay in giving any notice required hereunder shall not
constitute a waiver of any default or late payment, nor shall it change the time for
any default or payment.
11. Successors Bound. This Performance Note shall be binding upon the parties
hereto and their respective heirs, successors and assigns.
12. Terms. Any terms not separately defined herein shall have the same meanings
as set forth in the Agreement.
13. Non-Recourse. Notwithstanding anything to the contrary herein contained, (i) the
liability of Maker shall be limited to its interest in the Site and any rents, issues,
and profits arising from the Site and, in addition, with respect to any obligation to
hold and apply insurance proceeds, proceeds of condemnation or other monies
hereunder, any such monies received by it to the extent not so applied in
accordance with the terms of this Note; (ii) no other assets of Maker shall be
affected by or subject to being applied to the satisfaction of any liability which
Maker may have to Holder or to another person by reason of this Note; and (iii)
any judgment, order, decree or other award in favor of Holder shall be collectible
only out of, or enforceable in accordance with, the terms of this Note by
termination or other extinguishment of Maker's interest in the Site.
Notwithstanding the foregoing, it is expressly understood and agreed that the
aforesaid limitation on liability shall in no way restrict or abridge Maker's
continued personal liability for: (A) fraud or willful or grossly negligent
misrepresentation made by Maker in connection with this Note or any of the City
Agreements; (B) misapplication of (a) proceeds of insurance and condemnation
or (b) rent received by Maker under rental agreements entered into for any
portion of the Site after default of the Note; (C) the retention by Maker of all
advance rentals and security deposits of tenants not refunded to or forfeited by
such tenants; or (D) the indemnification undertakings of Maker under the City
Agreements.
14. Notices. Demands. and Communications. Formal notices, demands, and
communications between Maker and Holder shall be given either by (i) personal
service, (ii) delivery by reputable document delivery service such as Federal
Express that provides a receipt showing date and time of delivery, or (iii) mailing
20
27
in the United States mail, certified mail, postage prepaid, return receipt
requested, addressed to:
To Holder: The City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Attn: City Manager
With a copy to: Woodruff Spradlin & Smart, LLP
555 Anton Boulevard, Suite
Costa Mesa, California 92
Attn: Douglas C. Holland, Esq.
To Maker: Tara Lazar/Marco Rossetti
Mister Lyons, LLC
622 N Palm Canyon Drive
Palm Springs, CA 92262
Notices personally delivered or delivered by document delivery service shall be deemed
effective upon receipt. Notices mailed shall be deemed effective on the second
business day following deposit in the United States mail. Such written notices,
demands, and communications shall be sent in the same manner to such other
addresses as either party may from time to time designate by mail.
15. Subordination. The Holder understands that the Maker is the Operator of a Restaurant,
which required construction debt and other debt instruments to be placed against the
Property during the term of this Note. It is understood by Holder that the Construction
Debt and Mezzanine debt is Senior to the Holder's Note, and Holder is willing to
subordinate its Performance Note to the Senior Construction and Mezzanine debt.
SIGNATURES ON NEXT PAGE
21 28
"MAKER"
Mister Lyons, LLC
a California limited liability corporation
BY:
Date
Name: Tara Lazar
BY:
Date Name: Marco Rossetti
"HOLDER"
THE CITY OF PALM SPRINGS,
a California Charter City
Date
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
22 29
EXHIBIT "F"
CERTIFICATE OF PROGRAM COMPLIANCE
{o Qa�Msp4
'c 3200 Tahquitz Canyon Way
U N P.O. Box 2743
Palm Springs, CA 92263
•C. F.0 Nip• The City of Palm Springs 760.323.8259
Employment Level Verification
CERTIFICATE OF PROGRAM COMPLIANCE
Company Name:
Mister Lyons, LLC The Company certifies that the information
contained in the Summary attached is true and
Palm Springs Address: accurate and hereby certifies that a review of
233 E. Palm Canyon Drive the employment levels of the Company during
Headquarters/Regional Mailing Address: such period and of the Company's performance
622 N. Palm Canyon Drive under this Certificate and the documents
referred to therein has been made under the
Local Manager: supervision of the undersigned.
Marco Rossetti
Phone: 760-578-4723 Fax:
Contact Email: RosseftiML@gmail.com By:
Date of Property Lease Expiration:
Its:
Date:
EMPLOYMENT CERTIFICATION
Period Covered from to
The undersigned, Mister Lyons, LLC, a California Limited Liability Corporation (the "Company"), has read
and is thoroughly familiar with the provisions of the Employment Levels under this Agreement and
documents referred to therein executed by the owner/tenant of the Property in the City of Palm Springs
where the Company is located ("Owner/Tenant") and the City of Palm Springs ("City"), as such terms are
defined in Resolution No.23413 of the City of Palm Springs. As of the date of this Certificate, for the
period shown above, the following number of full-time employees employed at the Company is: 50 total
jobs: 8 full time and 42 part time
23 30
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: March 18, 2015
Subject: Miser Lyon — 233 East Palm Canyon Drive
Special Economic Development Focus Incentive Area Program
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on March 12, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
`-bt
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on March 9, 2015.
1 declare under penalty of perjury that the foregoing is true and correct.
Vu _�'
i Katthde Hart, MMC
Chief Deputy City Clerk
3�
The Desert sun Certificate of Publication
750 N Gene Autry Trail .�E i /y
Palm Springs, CA 92262 - 4� +%1
760-778-4578/Fax 760-778-4731 0 F P A L P' $r
2015 MAR 16 AM 8: 41
State Of California Ise: " -' i ;
C,
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000572600
No 0 NO-ICE OF PUBLIC HEARING
I am over the age of 18 years old, a citizen of the United CrryPALLINGS
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared SPECIAL ECONOMIC DEVELOPMENT
FOCUS INCENTIVE AREA PROGRAM
in said newspaper (set in type not smaller than non panel) MISER LYON LLG
in each and entire issue of said newspaper and not in any 233 EAST PALM CANJON DRIVE I(v
supplement thereof on the following dates,to wit: Coins m the CHHER Palm GIVEN Cthat the CIS
hold a public hearing at its mee�n off March 18
Newspaper: .The Desert Sun pm8 in the CouncA mil in slnt:nY�ItaI613
IN 3�E.
�ahquitz Carryon Way.Palgm Spdngs.ider aapppp
Thepurpose nt greement n this nthe amount of$250000
3/12/2015 rOv-
Ig
Canyon Lyons,under
the
located at 233 East Balm
Canyon Onve,under the Special Economic Special Eco-
el-
opmam FCcue Area Progocus m.The amiscol-
Ing ofDevelopmentSeveral C Focus Aree Program is a In-
fifica n n severe)City Incentives to creassist n-
ducememin develop vacant gnifin r assist spur
stage businesses n ma progrem area, a spur
slated development Prgeae.
REVIEW OF INFORMATION :. The staff re-
porl and other suPppoorbn documents. regarding
this matter are avallable rot ublic review at 1�y
acknowledge that am a principal clerk of the printer of Hag between the hours of p8:00 a.m. and 6:OD
The Desert Sun, printed and published weekly in the City vv m., Monday through Thursdayy. Please"tact
Me Olfice of the CM Gerk at`780)323.6204 N
of Palm Springs, County of Riverside, State of California. would like to sc dule an appointment to re-
The Desert Sun was adjudicated a newspaper of general view these documents.
circulation on March 24, 1988 by the Superior Court of the At the hearing any person may,Present ores or
wrimn teshmorry.The City Council will"Sider�e
County of Riverside, State of California Case No. objections or protests, d any,tb p) approve
191236. Agreements.
Response to this notice can,be made verbally at
the Public
Wri�nn commer s can be madeoto the
I declare under penalty of perjury that the foregoing i5 true City Courwll by lener(for=it or hand delivery)10:
and correct. E this 12th day of March, 2015 in dames Thompson,City o Clerk
3200 n Way
Palm Spd s,California
Palm Springs.CAn92262
Arty challenge, of the posed in court may be
imbed to rasing on ty these issues raised at.the
._. �ppurbrliO haaadng describedn this notice,or in written
Of
g CRY Clark at
rim t0 thence delivered to lfilie hearing. ((GGovOmmem Coda
Section 6 (b)(2)).
An opportunity wig be given at said hearing for all
interested persons to be heard.Questions regard-
ecl ant's Signature ing this case may be directed to.John Ray"bnd at it
(NO)323-8228.
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NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
SPECIAL ECONOMIC DEVELOPMENT FOCUS INCENTIVE AREA PROGRAM
MISER LYON, LLC
233 EAST PALM CANYON DRIVE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a public hearing at its meeting of March 18, 2015. The City Council
meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 E. Tahquitz
Canyon Way, Palm Springs.
The purpose of this hearing is to consider approving a Grant Agreement in the amount
of $250,000 with Mister Lyons, LLC, located at 233 East Palm Canyon Drive, under the
Special Economic Development Focus Area Program. The Special Economic
Development Focus Area Program is a collection of several City incentives to create an
inducement to develop vacant properties, assist existing businesses in the program
area, or spur stalled development projects.
REVIEW OF INFORMATION: The staff report and other supporting documents
regarding this matter are available for public review at City Hall between the hours of
8:00 a.m. and 6:00 p.m., Monday through Thursday. Please contact the Office of the
City Clerk at (760) 323-8204 if you would like to schedule an appointment to review
these documents.
At the hearing any person may present oral or written testimony. The City Council will
consider all objections or protests, if any, to (i) approve the Agreements.
Response to this notice can be made verbally at the Public Hearing and/or in writing
before the hearing. Written comments can be made to the City Council by letter (for mail
or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed in court may be limited to raising only those issues
raised at the public hearing described in this notice, or in written correspondence
delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section
65009(b)(2)).
An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this case may be directed to John Raymond at (760) 323-8228.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede
hablar con Felipe Primera telefono (760) 323-8253.
mes Thompson, City Clerk
3a