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HomeMy WebLinkAbout05772 - BRIEN O'BRIEN SALON LLC FACADE IMPROVEMENT AGR ;o rpLMS,* .y u ,n " °^°•� PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY IL XTERIOR PROPERTY OWNERITENANT IMPROVEMENT GRANTS FACADE IMPROVEMENT AGREEMENT THIS FACADE IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this VEj day of r' c \o - 2008, by and between the Community "redevelopment Agency, of 1the/-City of Palm Springs,' '("Ageency"'), and the p 9J�A 'L�.'1 0! 6r6 Pn `f I.z`7.-1 i t Sr- , a �—+I Jl'l! C G 1rJ 1 C&q,. ("Owner"). Collectively the Agency and Owner are referred to as the Parties) RECITALS Whereas, 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. Whereas, Owner is the owner of a real property usines (circie one) located within the eligible area at l fi t 4, P-c4-�" �. �� 1 2 Palm Springs, ("Property"), otherwise known as �) en (building or business). Whereas, Owner has applied for a Grant in the amount of $ 1 ! ���.. 3� to make exterior improvements to the Property as described in Exhibit "B," Scope of Work. Whereas, Owner has received all necessary approvals from the City's Planning, Building or Engineering Departments, which are shown in Exhibit "C", Evidence of Approval. Whereas, The Agency has reviewed the application, the evidence of financial participation by Owner, the location of the Property, and the approvals, and has approved the Grant Application. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, Agency agrees to grant to Owner the amount of $1 i) I L1a • �3 and Owner agrees to undertake the approved improvements, under the following terms and conditions: AGREEMENT , 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 _an 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.. 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- 6- 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 Comp_I_etion. The Parties agree that the Agency will release the Grant funds upon the completion of the work by the Owner or his contractor. Evidence of completion shall include but is not limited to: photographs of the finished work; a final inspection by a representative of the City of Palm Springs; and, a copy of the final invoice for the work completed and proof of payment to the contractor. 7. Release of Liens. The Parties Agree that the Owner is responsible for obtaining the release of any Mechanics Liens or other liens placed upon Owner's property by any contractor or subcontractor hired under this program. 8. Maintenance. Owner agrees and covenants that, after the City issues its Certificate of Completion, Owner shall be responsible for maintenance of all improvements that may exist at the Property from time to time, including without limitation buildings, parking lots, lighting, signs, and walls in first-class condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. Owner shall also maintain all landscaping required pursuant to Property's approved landscaping plan, if any, in a healthy condition, including replacement of any dead or diseased plants with plants of a maturity similar to those being replaced. Owner hereby waives any notice, public hearing, and Redevelopment Agency Facade Improvement Program 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: ';�-i en (D I y-, z- LC'`Gn , is 1c!) t�j C -Pa I n cc� � 2. 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. 14. Indemnification. Owner shall indemnify and hold harmless, the City of Palm Redevelopment Agency Facade Improvement Program 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 my participation in the Program. 15. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Owner certifies that the above statements are true and accurate to the best of Owner's belief. Failure to meet any of the terms of this Agreement shall result in the forfeiture of any Grant funds from the Agency for this program. Redevelopment Agency Facade Improvement Program IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "Agency" C' L�`w v�t<_ �2-2Z- 0,2 City of Palm Sprm"q Date: ��? F� By: David H. Ready, Executive Director ATTEST: APPROVED AS TO FORM: By: By: James Thompson Douglas C. plla 1 City Clerk Cl ttorney "OWNER" Date: 1\�i ry G By : Date: L.tt lu.�. N0L roe ,eel ; 1r With©rt the Cx eess quYoyrittan Manag r,aL¢on Df The Doty fNlac�ager. Redevelopment Agency Facade Improvement Program EXHIBIT "A" MAP Redevelopment Agency Facade Improvement Program F�ALM SAT rA �brm c'T4 FO;L THE CITY OF PALM SPRINGS/ PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRANTS ELIGIBLE REDEVELOPMENT AREAS 14 is r,o„i,< - 15 R i 17 �Ynon.y 10 1a c....�. �r R R rt a ■ 3 R G 72 xo 21 Z 13 nw 22f1_ n 7 f 0 1 El _ rr 23 r ❑ Traml way to Vista Chino 40 Liu At— H to a I I •'�- woo no a . r a El j0r �4,. ie 1.1 _ wo.R: f ti ,x �W �rr`yn.yS PM�,wa rto T 14 i �nrrrasj ��xes P+ 16 y Lr e C m •� s pp 2 3 Page 3 Page 1 of 1 r w�aw Nw', d4Vb wa ,Mr.••�. I a J s2262. F 40 � w it, a �' FY4, l .1 mi 1.C.dKy iiA ma�fda.'��IeN.6iwGbl�l Ua��*edwtr"tom 1 Ri 515 N. Palm Canyon Dr. ,33n t�pLM SA #2 N CityGIS P Brien O'Brien Salon C'•<lFdR��¢ Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary propety of the contributor supplied under license and may not be appro ed except as licensed by Digital Map Products. http-.//maps.digitalmapcentral.Qom/produQtioi/CityGIS/v07 01 059/index.html 12/15/2008 EXHIBIT "B" SCOPE OF WORK Redevelopment Agency Facade Improvement Program Description of Scope of Work Fagade Improvement Program Brien O'Brien Salon A permanent exterior sign will be mounted to the existing available signboard on the building. The sign will be made of acrylic, consisting of raised lettering mounted on a back panel. A schematic of the sign, as well as a photo of the existing fagade are included for additional clarification_ I appreciate your consideration for the Facade Improvement Program Grant. s truly, � r Brien O'Brien 116 3/4" Painted Acrylic Back Panel (Back painted) PMS #462M 1/2" acrylic letters (white) ' b ' T brien 'o ', nen 20 3/4" SALONLi Final Production Concept 1/2" acrylic stripe (white) 1/4"acrylic letters (white) EXTERIOR SIGN FOR BRIEN O'BRIEN SALON scale 1 1/2"- 1'0" date: 6/20/2008 ._. , $.t• 1 L -41'I1�V1 I�d�• r r I �p�\II� i � \R r�'/♦ 'i � ri r�T 1'f,l f/l 111�11L eF �r{,'� ll 11``I .) I. `:�ti:j.•�� . 6dene'hrlen :.i'..��:';��t�1 a•'1'�'�" •_ �. � i, � �/ - �:JJ r ..:xr-`r',=�(;T.�.:7' r, _ ....._._ _s.• .�ri.{J ..ii•N,:`.YW_� i '�..i.T {:; ��'i\� �•`` �\ ,ry � .,r: {v{d::.'+1,;i""'ram tl:i ; EXHIBIT "C EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) Redevelopment Agency Facade Improvement Program City of Palm Springs x ` Department of Planning Services 3200 East Tahqultz Canyon Way tU a p� Palm springs 3-8245CA 2 �J 4"e Phone: 760 323-9246-Fax: 760-322 34 �+ SIGN PERMIT--S11 SP # 03 - I -VI Sign Address 5i� N.1�a)m anyon�r-41all M Spf)%S.CA 4Ra4a, APN 5-63 Zone c a Gen. Plan Section /U Township�Range L/ Business Namel_6 ©' gnee.1 Date Submitted Appllcank16r,en 0, F r, Phone `-19-0333 Fax�f78-g335 _ E-mail bra enolxen�t�4rn2.I.Com 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 samplss-no larger than 14"x 8-1/2"x 318`board Type of Sign: _Subdivision Trade Construction ,Permanent Main Pedestrian Directory —For Sale/Lease ,_Permanent Pedestrian Convenience Temporary _Menu Board Designer: Sign Company crn s ,,`To. OE 2 a Representative La,,-u�b&4A StrealAddressTZ- so�51 ovabr td r City t`f l,„`I m'j StateGS zip Jig 1I Phone` -12YL Fax E-mail Address gjW snrt�siso sh�-(on�o Lxcflcn yy Design: I Number of Existing Signs wl1'A —Square Footage for Each tjf g Number of�roposed Signs 1 Square Footage for Each 14P.R-tm Materials =j,, _ Colars� oan L��k Type of Lightin rJ A Location and Method of Mounting EAL,_m& t ea.4, a1 u0 A ,c w'{t 54,rpnr, Height of Freestanding Sign N1A Linear Frontage of Business ,g7gsRi Conditions of Issuance--To be completed by Planning Services Department: 1) Ail signs must cnmpfy with Planning Commission condihons" lion 83.20.00 of the Palm Springs Zoning Ordinance found at w+ivvr.gcode.uslcodes/palmsprings 2) Ail signs must comply with the Uniform Building Code. 3) Ali exposed neon shall be equippad with a manual dimmer to establish light intensity. 4 Any non approved s,gnage must be n3rnoved. 5 All signs on Class 1 Historic properties to be approved by Historic Site Preservation Board 7) NOTE: Any and all oversize plans must be folded to letter size(8-1/2" x 11") THIS PERMIT IS ISSUED CONTINGENT UPON REMOVAL OF ALL NON-CONFORMING SIGNS ON PREMISES Contractor S re Plenni g Services Si sture Date of Approval Account Numbers 001-34308 arn.,wnn� r.w.d+ d, " brien • • - SALON I r'I'Y;2er.Pay+^, d wl I I y I,IwwYrnm,;wlahauul,,,::{�i,NuMs - ti F Flat-cut acrylic letters mounted to acrylic panel Guam, .WCNo_ ply: Brien O'Brien �` 1211112008 Brien O'Brien Salon ,. 515 North Palm Canyon Drive#2 ' • ' 20 75in x 116.75in �ry Palm Springs 8`t�2IP.CA 92264 CFW Frontage=52 ft. PNx�. 760-778-0333 Phone: 760-324-7446 Sign area= 16,8 sq.ft. "76p-778-0335 Fax: 760-324-8964 brien o ' brien A L..O Flat-cut acrylic letters mounted to acrylic panel GnIMnY. _ .. .WC No_ Mr. -• Brien O'Brien 12111/2008 Brien O'Brien Salon �"� �` E515 North Palm Canyon Drive#2 ' 20 75in�x 116.75inM Palm Springsmv CA 92264 Frontage=52 ft. F.760-778-0333 Phone: 760-324-7446 760-778-0335 Fax: 760-324-8964 Sign area= 16.8 sq.ft. PERMIT CENTER n CITY OF PALM SPRINGS CASE#: NAME APN1 y ADDRESS 08-178 Sign Brien O'Brien Salon SOS-324-001 1515 N. Palm Canyon Drive #2 ZONING FEES ACCT#001-322I2 CAL FISH AND GAME DEPOSIT#160-37105 CHANGE OF ZONE APPLICATION $0.00 NEGATIVE DECLARATION PRE APP FEE $0.00 MITIGATED NEG DECLARATION CONDITIONAL USE PERMIT $R00 ENVIRONMENTAL,IMPACT REPORT PLANNED DEVELOPMENT $0.00 FILING FEE DISTRICT APPLICATION FEE FINAL DEVELOPMENT PLAN FEE $O-OD CC AND R DEPOSIT 50.00 VARIANCE APPLICATION FEE $0.00 MISCELLANEOUS FEE INCLUDES SIGN VARIANCE TIME EXTENSION FEES MISCELLANEOUS FEES MISCELLANEOUS FILING FEESACCT#001-34303 MISCELLANEOUS FEE5 ARCHITECTURAL APPROVAL FEE 50.00 SIGN#001-32205 ADMINISTRATIVE MINOR MODIFICATION FEES IN LIEU OF#131-34359 PLAN CHECKS PLANNING FEE $0,00 R V #001-32210 PLANNING CC AND R SD.DD MISCELLANEOUS#001-34106 MISCELLANEOUS FEES $0.00 MICROFILM/MISCELLANEOUS _ SUBpIVI570N FEES ACCT#OOI-3221 #001-34308 OTHER MISC TENTATIVE MAPS FEES FINAL MAPS FEES $0.00 C t--A v e lt� 115� LOT LINE AD3/CERT OF COMPLIANCE FEE ENVIRONMENTAL ASSESSMENT FEE MISCELLANEOUS FEE TOTAL FEES) $0,00 The acceptance of an application or of a fee is not an entitlement or a permit to construct,change or alter any portion of the property described in the application. E IVED FRO REC Y DATE 12/12/2008 El Customer 0 Cashier G] Finance 9 Planning 2248 pALtil °� s�- City of Palm Springs u a ^ jr� I1 N Community and Economic Development Department 3200 E Tahquaz Can3nn Way • Palm Springs,Callforni, 97.767 _TEL:(760)323-5259 • FAx(760)322-8325 • TOO(760)861�9527 Commumry Redevdopmenr A,yency • Commumry Dcvelpprnrnr Bl ck Gran( I FC1 RN Duwnnnvn prvelopmenr •Economic Dcvclupmcm • Housing-Pubhc An • Ricycbnp December 9, 2008 brien o'brien Salon 515 North Palm Canyon Drive#2 Palm Springs, CA 92262 Attention: Brien O'Brien RE: City of Palm Springs Facade Improvement Program Application: 515 North Palm Canyon Drive#2-brien o'brien Salon Dear Brien: The City of Palm Springs has received your application for an owner/tenant improvement grant under the Facade Improvement Program. Based on the contractors estimate for fabrication and installation of permanent exterior signage on pre-existing sign board in the amount of$1,323,00, you are eligible for a full reimbursement from the City following completion of the work. The next step is for you to obtain all necessary permits, in your case, a sign permit from the Planning Department. Please show a copy of this letter to the staff at the planning counter when you make the application. We are in the process of having City Council waive fees for minor architectural, sign permits and Historic Site Preservation Board review for those projects that are approved for grants under the Facade Improvement Program. Once approved by Council, you will be reimbursed for the sign permit application fee, if it is collected by the Planning Department. Once you obtain the sign permit 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 can authorize your contractor to de 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 760-323-8260 or by email at Diana.shay(cDpalmsprings-ca.gov. Sincerely, r Diana Shay, Redevelopment Coordinator P.S. Don't forget to take some digital before and after photos and email them to usil cc: Cathy Van Horn, Economic Development Administrator Post Office Box 2743 4 Palm Springs, California 92263.2743 the Corridor 515 North Palm Canyon Drive, #1 Palm Springs, California 92262 phone 760.333-6980/fax 760.202.1993 www.pal mspri ngscorri doccom November 28, 2008 Re: Brien O'Brien Salon Siqnage This letter is to give evidence that Brien O'Brien's sign proposal meets the requirements of the Corridor and with the owner's approval. I encourage all those who consider this application to support Mr. O' Brien in his request for a grant. His business has become an asset to the Corridor as well as our City of Palm Springs. Best regards, Hank Bates Manager, the Corridor EXHIBIT "D° CONTRACTOR/VENDOR AGREEMENT Redevelopment Agency Facade Improvement Program Invoice T Signs By Tomorrow-Palm Desert Invoice#:PD-1464 Order Date:12/10/2008 � 73-850 Dinah Shore Dr.#101 Palm Desert, CA 92211 Phone. (760)324-7446 Salesperson:SBT-Palm Desert Fax: (760)324-8964 Email:palmdesert@signsbytomorrow com www signsbytomorrow com/palmdesert Entered By:$ET-Palm Desert Email:palmdesert@signsbytomorrow.com ATTN: Brien O'Brien Salon Customer Contact Information: Brien O'Brien Office Phone: (760)778-0333 515 North Palm Canyon Drive #2 Office Fax. (760)778-0335 Palm Springs, CA 92264 E-mail brienobnen719-gmail.com Terms: Gash Customer Order Description:Exterior Sign Item# Product Quantity Unit Price Subtotal 1 Item 1 $550.00 $550 00 Description: Acrylic Letters •(1)Flat Cut Acrylic letters. Item# Product Quantity Unit Price Subtotal 2 Stock Signs 1 $280,00 $280.00 Description Painted acrylic sign face •(1)Acrylic Sign Face Item# Product Quantity Unit Price Subtotal 3 Store Instaliation 1 $305.00 $305 00 Description; Mounting of letters and installation of sign •Install Date: 121$0/20o8 customer$Ignatllre: Payment Information: Subtotal: $1,136.00 1 Payment(s)for$600 00 Taxes S64 33 Date: Time: Method: Amount: Total: $1,199.33 12/10/2008 12 47 DOPM Check 1115 ,6DD DO Date: ! / Total Payments S600.00 `— Balance Due: $1999.33 Imagine it... We can do it!