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°Q FoVt CITY COUNCIL STAFF REPORT
DATE: April 2, 2014 PUBLIC HEARING
SUBJECT: CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE
CALIFORNIA GOVERNMENT CODE TO APPROVE ELEVEN (11)
SPECIAL ECONOMIC DEVELOPMENT FOCUS INCENTIVE AREAS
PROGRAM GRANT AGREEMENTS
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
Review and approve Grant Agreements under the Special Economic Development
Focus Incentive Areas program for Interior Remodel and Renovating Major Properties
as Catalyst Projects. The applicants have met the program criteria and qualify for the
grant reimbursement upon evidence of payment of all eligible expenditures allowed
under the program.
RECOMMENDATION:
1) Open the public hearing and receive public testimony;
2) Approve an Economic Development Focus Incentive Areas Program Grant with
Appetito PS, LLC located at 1700 South Palm Canyon Drive in the amount of
$145,740;
3) Approve an Economic Development Focus Incentive Areas Program Grant with
Miggy's Cantina, LLC (Hacienda Cantina); located at 1555 South Palm Canyon
Drive in the amount of $250,000;
4) Approve an Economic Development Focus Incentive Areas Program Grant with
Arrive Enterprises, LLC AS the management entity for a collection of businesses
located at 1539, 1541, 1541'Y2, 1551 and 1566 North Palm Canyon Drive
(Bacchanal Italian Restaurant, Reservoir Restaurant, and Sandfish Whiskey and
Sushi Bar) in an amount not to exceed $250,000,
ITEM NO. �/
City Council Staff Report
April 2, 2014-- Page 2
Major Catalyst Projects & Remodel Grant Agreements
5) Approve an Interior Remodel Grant Agreement with Geoff McIntosh, Bernie's
Lounge and Supper Club, at 292 East Palm Canyon Drive in the amount of
$25,000;
6) Approve an Interior Remodel Grant Agreement with Julie Montante, Dollar Plus,
at 555 South Palm Canyon Drive in the amount of $25.000;
7) Approve an Interior Remodel Grant Agreement with Neil Castren, The New York
Company Restaurant, at 1260 South Palm Canyon Drive, in the amount of
$25,000;
8) Approve an Interior Remodel Grant Agreement with Costa Nichols, Go Deli
Market at 611 South Palm Canyon Drive, Suite 22, in the amount of$25,000;
9)
Approve an Interior Remodel Grant Agreement with Mirsad Terzic, Miro's
Restaurant at 1555 South Palm Canyon Drive, in the amount of$25,000;
10)Approve an Interior Remodel Grant Agreement with Daniel Doiron, 78 Degrees at
the D, 2249 North Palm Canyon Drive, in the amount of$25,000;
11)Approve an Interior Remodel Grant Agreement with Reginald Hall, Mama Ola's
Soul Food at 410 San Rafael in the amount of $25,000;
12)Approve an Interior Remodel Grant Agreement with Jaime Kowal, Ernest Coffee,
at 140 West Via Lola, Suite 1101 in the amount of$25,000; and
13)Authorize the City Manager to execute all necessary documents.
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 Program Guidelines and Resolution 23433, amending the budget for
Fiscal Year 2014-14 to provide the $1,000,000 in funding for the Special Economic
Development Focus Incentive Areas.
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
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City Council Staff Report
April 2, 2014 -- Page 3
Major Catalyst Projects & Remodel Grant Agreements
• creative uses of the Hotel Incentive Program for small, dilapidated hotels
• extending the Facade Improvement and Interior Remodel programs for the area
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 Appetito
PS, LLC, the tenant of a 4,858 square foot commercial space located within the eligible
area at 1700 South Camino Real, Palm Springs, California 92264, otherwise known as
Appetito Cal-Italian Deli; Miggy's Cantina, LLC, a tenant of an approximately 8,300
square foot commercial space located within the eligible area at 1555 South Palm
Canyon Drive (Hacienda Cantina); and, Arrive Enterprises, LLC, the management entity
for three restaurants being developed simultaneously as a development concept under
the Program: Hotel Investment Partners, LLC is a tenant of a 2,300 square foot
combined commercial, space located within the eligible area at 1539, 1541 & 1541'/z
North Palm Canyon Drive, otherwise known as Bacchanal Italian Restaurant; Palm
Grove Group, LLC is the owner of 3,800 square foot hotel restaurant located within the
eligible area at the Arrive Hotel at 1551 North Palm Canyon Drive, otherwise known as
Reservoir; and, Sandfish Palm Springs, LLC is a tenant of a 1,400 square foot
commercial space located within the eligible area at 1566 North Palm Canyon Drive,
Palm Springs, California 92262, otherwise known as Sandfish Whiskey & Sushi Bar..
The City Council created the Special Focus Incentive Zone Program in order to
incentivize the development and redevelopment of commercial areas north and south of
downtown Palm Springs. One component of the program was, for catalyst projects —
key, hard to fill spaces — to provide up to $30.00 per square foot of grant funding toward
the property improvements, based on a 3:1 match with the applicant (private:public) and
up to a maximum of $250,000. It is a "major" catalyst program because the total project
expenditure, including the public funds, must be at least $1,000,000, excluding property
acquisition. Unlike the Interior Remodel Program, which eligibility was based strictly on
the location of the business and the anticipated use of the funds, applicants to the Major
Properties Program must submit a much more detailed application demonstrating the
experience of the Owner/Operator of the business, significant leverage of the public
money in the form of developer equity and business debt, and a solid plan for opening
and operating.
Staff analyzed the applications and determined several things: in all three applications,
the businesses leveraged much more private funding for the projects than the required
3:1 match in the application, and averaged between $6.00 and $7.00 in private funds for
each dollar requested from the City; and, in all three cases there were significant
"hurdles" for the space to be competitive in the commercial market, mainly due to the
relatively high cost per square foot of renovation vs. the current competitiveness of the
location within the Palm Springs market. However, each operator brings an advantage
to the project beyond financial strength (live music, new restaurant concepts, critical
mass to the area), and provide the City with ideal opportunities to assist the surrounding
areas through these projects.
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City Council Staff Report
April 2, 2014 -- Page 4
Major Catalyst Projects & Remodel Grant Agreements
Project Area Principles and Objectives
Major Remodel applications are analyzed against the Project Area Principles and
Objectives that are contained in the guidelines adopted by Council in 2013,
In addition, the application itself contained a number of questions for the applicant that
were key to qualifying as a catalyst incentive'-'
Is the proposed property currently vacant?
• Has the property been vacant more than two years?
Does the project intensify the land use, e.g. converting from retail to restaurant?
Does the project combine or assemble two or more properties, spaces, or
addresses into a larger consolidated project?
• Does the property add more land square footage, i.e. expanding the site and/or
parking area?
Does the project anticipate increased gross sales tax, increased per sq. ft. sales
tax, and other tax benefits to the City?
Changes in State Law
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.
Therefore, after January 1, 2014, each local agency shall, before approving any
economic development subsidy within its jurisdiction, provide all of the following
information in written form available to the public, and through its Internet Web site, if
applicable. For Appetito, the information is as follows:
(1) The name and address of all business entities that are the beneficiary of the
economic development subsidy: Appetito PS, LLC, 1700 South Camino Real,
Palm Springs, CA, 92264.
(2) The start and end dates and schedule, if applicable, for the economic
development subsidy. The subsidy is made after the project is approved by
the City and County, 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
City Council Staff Report
April 2, 2014 -- Page 5
Major Catalyst Projects & Remodel Grant Agreements
private funds to City dollars. In this case the work has been completed and
approved and the restaurant has opened.
(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 $145,740 to make interior and exterior improvements to
the Property in order to build out the raw shell space into an upscale Italian
deli.
(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 six years ago and had never had a tenant, and that the
conversion of raw "shell" 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
raw "shell" space into a functioning business, the location of the business on
a secondary thoroughfare, South Camino Real, rather than with East Palm
Canyon Drive frontage, 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 property 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 80 total jobs, with 10 full time jobs and 70 part time jobs.
For Hacienda Cantina, the information is as follows:
(1) The name and address of all business entities that are the beneficiary of the
economic development subsidy: Miggy's Cantina, LLC ("Tenant") is a tenant
of approximately 8,300 square foot commercial space located within the
eligible area at 1555 South Palm Canyon Drive.
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City Council Staff Report
April 2, 2014 -- Page 6
Major Catalyst Projects & Remodel Grant Agreements
(2) The start and end dates and schedule, if applicable, for the economic
development subsidy. The subsidy is made after the project is approved by
the City and County, 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 been nearly completed
and approved and the restaurant is scheduled to open in April, 2014.
(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 an older, obsolete restaurant into a modern
cantina and pool club.
(4) A statement of the public purposes for the economic development subsidy.
The City has confirmed that the Property was a vacant commercial space in a
building constructed approximately 30 years ago and had has not had a
successful tenant in nearly ten years, and that the large size of the restaurant
(at over 8,000 square feet) and oversized kitchen (at over 3,000 square feet)
created a mismatch of size and scale between the property itself and the
more marginal (compared to downtown) location on South Palm Canyon
Drive would not have been economically feasible without an incentive
program.
The City has determined that, in addition to the high cost of converting the
remodeled space into a functioning business, the location of the business in a
shopping center on South 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 property 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 90 total jobs, with 10 full time jobs and 80 part time jobs.
s
City Council Staff Report
April 2, 2014 -- Page 7
Major Catalyst Projects & Remodel Grant Agreements
For Arrive Enterprises, the information is as follows:
(1) The name and address of all business entities that are the beneficiary of the
economic development subsidy: Arrive Enterprises, LLC ("Tenant/Owner") is
the management entity for three restaurants being developed simultaneously
as a development concept under the Program. Hotel Investment Partners,
LLC is a tenant of a 2,300 square foot combined commercial space located
within the eligible area at 1539, 1541 & 1541'/z North Palm Canyon Drive,
Palm Springs, California 92262 ("Property 1"), otherwise known as Bacchanal
Italian Restaurant. Palm Grove Group, LLC is the owner of 3,800 square foot
hotel restaurant located within the eligible area at 1551 North Palm Canyon
Drive, Palm Springs, California 92262 ("Property 2"), otherwise known as
Reservoir. Sandfish Palm Springs, LLC is a tenant of a 1,400 square foot
combined commercial space located within the eligible area at 1566 North
Palm Canyon Drive, Palm Springs, California 92262 ("Property 3"), otherwise
known as Sandfish Whiskey & Sushi Bar.
(2) The start and end dates and schedule, if applicable, for the economic
development subsidy. The subsidy is made after the project is approved by
the City and County, 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 Sandfish and Bacchanal are
awaiting Planning and Building approval and Reservoir is approved and
construction work to commence in April, 2014. The three restaurants will
open nearly the same time in Fall, 2014, in order to achieve the critical mass
necessary to qualify as a catalyst project.
(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 two older commercial spaces into modern,
contemporary restaurant spaces and construct a new, hotel-associated
restaurant, all under a single management group and structure to maximize
the catalytic effect.
(4) A statement of the public purposes for the economic development subsidy.
The City has confirmed that the Sandfish Property was a vacant commercial
space in a building constructed approximately 40 years ago and had has not
had a successful tenant in over years; that the Bacchanal space was used as
an accounting office and dog grooming business, which underutilizes the
property and does not contribute any catalytic economic effect to the area;
and, that the Reservoir space serves as the economic anchor for the activities
on the block; however, there remains a mismatch between the projects
themselves and the more marginal (compared to downtown) location on North
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City Council Staff Report
April 2, 2014 -- Page 8
Major Catalyst Projects & Remodel Grant Agreements
Palm Canyon Drive would not have been economically feasible without an
incentive program. All of the economic activity on the block of North Palm
Canyon Drive between Stevens Road on the south and Vista Chino Road on
the north is at a low level, characterized by a high degree of vacancy, a pre-
school, apartments, the accounting office, two restaurants, a closed
restaurant (Pizza Hut), condominiums associated with a hotel on Indian
(Desert Sun), and a liquor store. The one new retail business that has moved
into the area in the past year is a trade vendor to the Arrive group, and
another office that has been leased is the architectural offices of the project
architect.
While there has been tremendous success in retail in the "Uptown" area of
Palm Canyon Drive, the core of that area remains more than a half mile south
of this project area with a lot of underutilized space in between. The City has
determined that, in addition to the high cost of converting the remodeled
space into a functioning business and constructing new space, the location of
the business on North 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 property 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 three
restaurants expect to create 80 total jobs, with 10 full time jobs and 70 part
time jobs.
Since two of the restaurants are not completed with the Planning process, and the
Reservoir is just now scheduled to be commencing construction, the agreement would
be a "not to exceed" number based on the project costs and square footages, such as in
the case of several of the Remodel Agreements approved prior to the work being
completed. The grant would remain a reimbursement agreement based on work
completed after receiving the proper governmental approvals and then providing the
City evidence of payment to the contractors.
The Special Focus Area Incentive Program represents a significant commitment by the
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City Council Staff Report
April 2, 2014-- Page 9
Major Catalyst Projects & Remodel Grant Agreements
City as a way to encourage new business investment in the project area. To date, the
investment committed by the Interior Remodel Grant Applicants totals $796,575.25.
The City's match grant contribution totals $200,000.00. The investment proposed or
committed by the Major Properties as Catalyst Projects Grant Applicants is
approximately $4,800,000. The City's match grant contribution would total $645,840.
Interior Remodel Grant Program
The Interior Remodel Grant Program is designed to encourage the improvement and
investment in retail/commercial properties that contribute to the revitalization of the City
of Palm Springs. The Interior Remodel Grant Program features a match grant up to
$25,000 to assist in the cost of interior improvements made by a property owner or
tenant. Eligible uses include interior painting or wall coverings, window treatments, floor
covering, lighting systems, ceiling tiles, display cases (permanent), partition walls and
interior electrical to dedicated spaces.
Interested tenants or landlords can apply for the Interior Remodel Grant by completing
and submitting the application form to the Economic Development Department. Staff
reviews the application and if the applicant has met the qualifications a confirmation
letter is sent explaining the additional documentation that may be needed to initiate an
Agreement. It is at this point that an applicant may be in the planning and building
process waiting for project approvals and permits. Waiting for permits may delay the
completion of the actual Agreement, which ensures reimbursement to the Applicant up
to the grant limit, and upon evidence of payment for the Scope of Work described in the
Agreement. Evidence of payment by the Applicant is the only way the reimbursement
request is initiated. If the Applicant is unable to provide evidence of payment for the
work, the City is under no obligation to pay the grant reimbursement for unverified
invoices. Staff also meets with the applicant to help with the application process and
conducts on-site visits to view the work being done.
Following is a brief description of applicants for the Interior Remodel Program and the
scope of work similarly described in the Agreements. Some Agreements are incomplete
because the permits or other documentation had not been obtained at press time.
Interior Remodel Grant Applicants and Agreements Status
The following eight agreements are presented for review and approval:
1) Geoff McIntosh, Bernie's Lounge & Supper Club at 292 E. Palm Canyon Drive:
Scope of work includes: remove wallpaper, refinish walls, new ceiling tiles, new
carpet, new installed light fixtures, and booths. Agreement Status: Completed,
signed and waiting for applicant to submit evidence of payments. Total
expenditure: $75,000 (est.)/Grant amount: $25,000.
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City Council Staff Report
April 2, 2014-- Page 10
Major Catalyst Projects & Remodel Grant Agreements
2) Julie Montante, Dollar Plus, 555 S. Palm Canyon Drive: Scope of work includes:
removal of existing floor finish, clean & polish vinyl flooring, apply new epoxy
floor finish, paint all interior walls, repair and or replace reflective ceiling tiles,
replace fluorescent light lenses, install new laminate slot wall panels. Agreement
Status: Completed, ready for signatures. Total expenditure: $56,532/Grant
amount: $25,000.
3) Neil Castren, The New York Company Restaurant, 1260 S. Palm Canyon Drive:
Scope of work includes: new carpet in main dining room and lower dining room,
glass partition in bar area, lighting fixtures, window treatment, paint all interior
space, drop drape between bar and dining room, acoustical ceiling, sound
system, pin lights, restaurant and bar equipment, upright freezer and kitchen grill.
Agreement Status: Completed and ready for signatures. Total expenditure:
$61,002/Grant amount: $25,000.
4) Costa Nichols, Go Deli Market at 611 S. Palm Canyon Drive, Suite 22: Scope of
work includes: gutting the old Revivals space and build out new market & deli,
including floor covering, electrical wiring, partitions, ceiling, permanent displays,
and painting all interior spaces. Work is completed and the store is now open.
Agreement Status: Completed and ready for signatures Total expenditure:
$248,408.40 (est.)/Grant amount: $25,000.
5) Mirsad Terzic, Miro's Restaurant at 1555 S. Palm Canyon Drive: Scope of work
includes: new refrigeration and restaurant equipment, new permanent booths,
painting, lighting, floor covering. Agreement Status: Completed and ready for
signatures. Total expenditure: $57,000 (est.)/Grant amount: $25,000.
6) Daniel Doiron, 78 Degrees at the D, 2249 N. Palm Canyon Drive: Scope of work
includes: complete removal of flooring and install new flooring, new drywall,
painting, tile, restaurant equipment and permanent seating (booth) areas.
Agreement Status: Completed and ready for signatures. Total expenditure:
$57,148.85/Grantamount: $25,000.
7) Reginald Hall, Mama Ola's Soul Food, 410 San Rafael Drive: Scope of work
includes: adding service windows, construct and install display cases, lighting,
replace doors, door jams and casing, install bar wing doors to kitchen, texture all
walls and ceilings, repair ceiling leaks, paint, and window coverings. Agreement
Status: Waiting for building permit, otherwise ready for signature. Total
expenditure: $51,480/Grant amount: $25,000.
8) Jaime Kowal, Ernest Coffee, 140 W Via Lola, Suite 1101: Scope of work
includes: combining and renovating two spaces for active coffee shop and Tiki
Bar, including electrical, plumbing, structural additions, interior improvements and
exterior fenced patio. Agreement Status: Waiting for Building Permit, otherwise
ready for signature. Total expenditure: $190,004/Grant amount: $25,000
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City Council Staff Report
April 2, 2014 -- Page 11
Major Catalyst Projects & Remodel Grant Agreements
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. To date, the
investment committed by the Interior Remodel Grant Applicants totals $796,575.25.
The City's match grant contribution totals $200.000.
li
City Council Staff Report
April 2, 2014 -- Page 12
Major Catalyst Projects & Remodel Grant Agreements
FISCAL IMPACT:
Funding established by Resolution 23433; no additional funding needed or being
requested at this time.
v
4Jon irector Cathy Van Vorn, Economic
Development Administrator
David H. Ready, City r
Attachments:
Program Application and Guidelines
Agreements:
Appetito PS, LLC
Miggy's Cantina, LLC
Hacienda Cantina, LLC
Geoff McIntosh, Bernie's Lounge & Supper Club
Julie Montante, Dollar Plus
Neil Castren, The New York Company Restaurant
Costa Nichols, Go Deli Market
Mirsad Terzic, Miro's Restaurant
Daniel Doiron, 78 Degrees at the D
Reginald Hall, Mama Ola's Soul Food
Jaime Kowal, Ernest Coffee
12
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V N
c°` •�...a°'`P COMMERCIAL — RETAIL
`F°"`' MAJOR "NEED—BASED" ASSISTANCE FOR
RENOVATING MAJOR VACANCIES AS
CATALYST PROJECTS
RENOVATING MAJOR VACANCIES AS
CATALYST PROJECTS GRANT AGREEMENT
THIS RENOVATING MAJOR VACANCIES (the "Agreement") is made and entered into
this day of 2014, by and between the City of Palm Springs,
("City"), and Appetito PS, 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.
Appetito PS, LLC ("Tenant") is a tenant of a 4,858 square foot commercial space
located within the eligible area at 1700 South Camino Real, Palm Springs, California
92264 ("Property"), otherwise known as Appetito Cal-Italian Deli. The Property is
owned by Z Palm Springs, LLC ("Owner'), of Long Beach, California, with Tahiti
Partners Properties Corp. as managing partner. 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. or Tenant proposes an
expenditure of at least $1,000,000 — excluding the acquisition of the property, have
approved renovation plans, and undergo 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 would be $30/sq.ft.,
which would be 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. Under the same program, the maximum for general retail dollars per square
foot committed by the City would be $10/sq.ft.
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
different from other incentive programs offered by the City, which require a 1:1 match.
Grant Maximums. In any project assisted under the Major Need-Based Catalyst
Vacancy Program, the maximum City matching grant shall not exceed $250,000, i.e. if
the applicant's interior improvement cost is $1,000,000, the City Match Grant would be 13
$250,000. For projects investing less than $1,000,000 in total renovation cost, the City
Match Grant would be $25,000 per commercial space provided the minimum qualified
expenditure was no less than $50,000.
Tenant has applied for a Grant in the amount of $145,740 to make interior
improvements to the Property as described in Exhibit "B," Scope of Work.
The City has confirmed that the Property is a vacant space in a building constructed at
least six years ago and has never had a tenant, and that the conversion of raw "shell"
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 raw "shell"
space into a functioning business, the location of the business on a secondary
thoroughfare, South Camino Real, rather than East Palm Canyon Drive, presents and
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 $1,105,000, as shown in Exhibit "D".
Tenant has completed the construction of the project and received sign off from the
City's Planning and Building and from Riverside County Department of Environmental
Health, which are shown in Exhibit "C", Evidence of Approval. The estimated cost of the
completed work is , as shown in Exhibit "D".
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 $145,740 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.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
Remodel Grant Program 3-23-10 2
14
3. Contractor. The Parties agree that Tenant has sole responsibility for choosing
and hiring the contractor, which shall be shown in Exhibit "D", 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
of California and a valid City of Palm Springs Business License.
4. 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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$145,740, which is the 4,858 square feet of the building space multiplied by the
maximum $30/s.f. of City contribution. The estimated cost of the work proposed
is $1,105,000, as shown in Exhibit "D". The leverage is $6.58 of Tenant dollars
for each $1.00 of City dollars.
6. 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.
7. Release of 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.
8. Maintenance. Tenant agrees and covenants that, after the City issues its
Certificate of Completion, Tenant 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. Tenant 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. Tenant 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
Remodel Grant Program 3-23-10 3
i5
9. 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.
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
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Attn: Economic Development
Administrator
To Tenant: Appetito PS, LLC
1700 South Camino Real
Palm Springs, California 92264
Attn: John Shay or Patrick Service
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. 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
Remodel Grant Program 3-23-10 4
1 �
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. 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.
Remodel Grant Program 3-23-10 5
I
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., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"TENANT"
Date: By:
Patrick Service
President
Date: By:
John Shay
Chief Operating Officer
Remodel Grant Program 3-23-10 6
18
EXHIBIT °A"
MAP
See Attached
Remodel Grant Program 3-23-10 7
19
EXHIBIT "B"
SCOPE OF WORK
Remodel Grant Program 3-23-10 S
20
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes No
If yes, Building Permit#
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 9
21
EXHIBIT "D"
CONTRACTORNENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 10
22
a�EFALM SpQ
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nno
COMMERCIAL — RETAIL
.+`P,
c4`'FORN MAJOR "NEED-BASED" ASSISTANCE FOR
RENOVATING MAJOR VACANCIES AS
CATALYST PROJECTS
RENOVATING MAJOR VACANCIES AS
CATALYST PROJECTS GRANT AGREEMENT
THIS RENOVATING MAJOR VACANCIES (the "Agreement") is made and entered into
this day of 2014, by and between the City of Palm Springs,
("City'), and Miggys Cantina, 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.
Miggys Cantina, LLC ("Tenant") is a tenant of a 8,000 square foot commercial space
located within the eligible area at 1555 South Palm Canyon Drive, Palm Springs,
California 92264 ("Property"), otherwise known as Hacienda Cantina. The Property is
owned by Wessman Holdings ("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. or Tenant proposes an
expenditure of at least $1,000,000 — excluding the acquisition of the property, have
approved renovation plans, and undergo 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 would be $30/sq.ft.,
which would be 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. Under the same program, the maximum for general retail dollars per square
foot committed by the City would be $10/sq.ft.
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
different from other incentive programs offered by the City, which require a 1:1 match.
Grant Maximums. In any project assisted under the Major Need-Based Catalyst
Vacancy Program, the maximum City matching grant shall not exceed $250,000, i.e. if
the applicant's interior improvement cost is $1,000,000, the City Match Grant would be
$250,000. For projects investing less than $1,000,000 in total renovation cost, the City 23
Match Grant would be $25,000 per commercial space provided the minimum qualified
expenditure was no less than $50,000.
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 a vacant space in a building constructed at
least thirty years ago and has been vacant for more than five years, and that the
conversion of the very large (8,000 square foot) space, with a 3,000 square foot
kitchen, 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 of the business on a section of South
Palm Canyon Drive which has 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 $2,000,000, as shown in Exhibit "D".
Tenant has completed the construction of the project and received sign off from the
City's Planning and Building and from Riverside County Department of Environmental
Health, which are shown in Exhibit "C", Evidence of Approval. The estimated cost of the
completed work is as shown in Exhibit "D".
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.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
Remodel Grant Program 3-23-10 2
24
3. Contractor. The Parties agree that Tenant has sole responsibility for choosing
and hiring the contractor, which shall be shown in Exhibit "D", 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
of California and a valid City of Palm Springs Business License.
4. 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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$250,000, which is the 8,125 square feet of the building space multiplied by the
maximum $30/s.f. of City contribution. The estimated cost of the work proposed
is $2,000,000, as shown in Exhibit "D". The leverage is $7.75 of Tenant dollars
for each $1.00 of City dollars.
6. 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.
7. Release of 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.
8. Maintenance. Tenant agrees and covenants that, after the City issues its
Certificate of Completion, Tenant 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. Tenant 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. Tenant 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
Remodel Grant Program 3-23-10 3
25
9. 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.
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
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Attn: Economic Development
Administrator
To Tenant: Miggys Cantina, LLC
700 East Tahquitz Canyon Way, Suite A
Palm Springs, California 92262
Attn: Rich Meaney
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. 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
Remodel Grant Program 3-23-10 4
26
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. 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.
Remodel Grant Program 3-23-10 5
27
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., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"TENANT"
Date: By:
Rich Meaney
Manager
Date: By:
Remodel Grant Program 3-23-10 6
28
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 7
29
EXHIBIT "B°
SCOPE OF WORK
Remodel Grant Program 3-23-10 8
30
EXHIBIT °C°
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes _ No _
If yes, Building Permit #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 9
31
EXHIBIT "D"
CONTRACTORNENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 10
32
P ALM g
�QF p4�
c
V N
COMMERCIAL - RETAIL
c4�IFORN MAJOR "NEED-BASED" ASSISTANCE FOR
RENOVATING MAJOR VACANCIES AS
CATALYST PROJECTS
RENOVATING MAJOR VACANCIES AS
CATALYST PROJECTS GRANT AGREEMENT
THIS RENOVATING MAJOR VACANCIES (the "Agreement") is made and entered into
this day of 2014, by and between the City of Palm Springs,
("City'), and Arrive Enterprises, LLC, the ("Tenant/Owner"). Collectively the City and
Tenant/Owner are referred to as the Parties.
RECITALS
City has established a Major Need-Based Catalyst Vacancy Program for Owners and
Tenants (the "Program") of commercial-retail businesses in the City of Palm Springs.
Arrive Enterprises, LLC ("Tenant/Owner") is the management entity for three
restaurants being developed simultaneously as a development concept under the
Program. Hotel Investment Partners, LLC is a tenant of a 2,300 square foot combined
commercial space located within the eligible area at 1539, 1541 & 1541'/2 North Palm
Canyon Drive, Palm Springs, California 92262 ("Property 1"). otherwise known as
Bacchanal Italian Restaurant. The Property is owned by Wayne Gottlieb of Palm
Springs ("Owner 1"). Owner 1 has provided its consent to the Tenant for the property
improvements and for the Tenant's application for incentive funding. Palm Grove
Group, LLC is the owner of 3,800 square foot hotel restaurant located within the eligible
area at 1551 North Palm Canyon Drive, Palm Springs, California 92262 ("Property 2"),
otherwise known as Reservoir. Property 2 is owned by the applicants and not leased.
Sandfish Palm Springs, LLC is a tenant of a 1,400 square foot combined commercial
space located within the eligible area at 1566 North Palm Canyon Drive, Palm Springs,
California 92262 ("Property 3"), otherwise known as Sandfish Whiskey & Sushi Bar.
The Property is owned by RTED Irvine, LLC of Irvine, CA ("Owner 3"). Owner 3 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. or Tenant proposes an
expenditure of at least $1 ,000,000 — excluding the acquisition of the property, have
approved renovation plans, and undergo 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 would be $30/sq.ft.,
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. 3 3
Under the same program, the maximum for general retail dollars per square foot
committed by the City would be $10/sq.ft.
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
different from other incentive programs offered by the City, which require a 1:1 match.
Grant Maximums. In any project assisted under the Major Need-Based Catalyst
Vacancy Program, the maximum City matching grant shall not exceed $250,000, i.e. if
the applicant's interior improvement cost is $1,000,000, the City Match Grant would be
$250,000. For projects investing less than $1,000,000 in total renovation cost, the City
Match Grant would be $25,000 per commercial space provided the minimum qualified
expenditure was no less than $50,000.
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, and allocated
on a pro rata square footage basis shown in Exhibit "B."
The City has confirmed that Property 3 has been vacant space for several years.
Property 1 was most recently occupied by an accounting office and dog grooming
business, and Property 2 is newly-built space associated with the Arrive Hotel.
However, there is an abundance of vacant and underutilized commercial space which
will be economically challenging to convert functioning businesses without the catalytic
effect of the incentive program.
The City has determined that, in addition to the high cost of converting the
commercial/retail spaces into restaurant business, the dearth of off-street parking, and
the location of the business on a blighted section of North Palm Canyon Drive rather
than in the Uptown or Downtown areas, 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 $1,105,000, as shown in Exhibit "D".
Tenant has completed the construction of the project and received sign off from the
City's Planning and Building and from Riverside County Department of Environmental
Health, which are shown in Exhibit "C", Evidence of Approval. The estimated cost of the
completed work is as shown in Exhibit "D".
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 $145,740 and Tenant
Remodel Grant Program 3-23-10 2
34
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.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Tenant has sole responsibility for choosing
and hiring the contractor, which shall be shown in Exhibit "D", 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
of California and a valid City of Palm Springs Business License.
4. 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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$250,000, which is the maximum allowed under the program, and is divided
among the three properties (2,300 square feet, 3,800 square feet, and 1,400
square feet) [Note: this is only 7,500 square feet] of the building space multiplied
by the maximum $30/s.f. of City contribution. The total estimated cost of the
combined work proposed less working capital costs is $1,105,000, as shown in
Exhibit "D". The leverage is $6.58 of Tenant dollars for each $1.00 of City dollars.
6. 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.
7. Release of 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.
Remodel Grant Program 3-23-10 3
^ 5
3
8. Maintenance. Tenant agrees and covenants that, after the City issues its
Certificate of Completion, Tenant 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. Tenant 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. Tenant 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. 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.
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
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Attn: Economic Development
Administrator
To Tenant: Arrive Enterprises, LLC
1556 North Palm Canyon Drive
Palm Springs, California 92262
Attn: Chris Pardo or Matt Steinberg
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
Remodel Grant Program 3-23-10 4
^ s
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. 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.
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. 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.
Remodel Grant Program 3-23-10 5
37
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., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"MANAGEMENT ENTITY"
Date: By:
Peter Karpinski
Arrive Enterprises, LLC
"TENANT— PROPERTY 3"
Date: By:
Chris Pardo
Sandfish Palm Springs, LLC
Date: By:
Matt Steinberg
Sandfish Palm Springs, LLC
Remodel Grant Program 3-23-10 6
^� 8 J
Date: By:
Peter Karpinski
Sandfish Palm Springs, LLC
Date: By:
Ezra Callahan
Sandfish Palm Springs, LLC
"TENANT — PROPERTY 1"
Date: By:
Chris Pardo
Hotel Investment Partners, LLC
Date: By:
Matt Steinberg
Hotel Investment Partners, LLC
Date: By:
Peter Karpinski
Hotel Investment Partners, LLC
Date: By:
Ezra Callahan
Hotel Investment Partners, LLC
"OWNER — PROPERTY 2"
Date: By:
Chris Pardo
Palm Grove Group, LLC
Date: By:
Matt Steinberg
Palm Grove Group, LLC
Remodel Grant Program 3-23-10 7
39
Date: By:
Peter Karpinski
Hotel Investment Partners, LLC
Date: By:
Ezra Callahan
Hotel Investment Partners, LLC
Remodel Grant Program 3-23-10 8
40
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 9
41
EXHIBIT "B°
SCOPE OF WORK
Remodel Grant Program 3-23-10 10
42
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes _ No
If yes, Building Permit #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10
43
EXHIBIT "D"
CONTRACTORNENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 12
44
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P'" CITY OF PALM SPRINGS
Foae` COMMERCIAL - RETAIL PROPERTY
PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 5ch day of November, 2013, by and between the City of Palm Springs, ("City"), and
Geoff McIntosh, Restaurant PC East, LLC, the ("Owner/Tenant"). Collectively the
City and Owner/Tenant are referred to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owner/Tenant is the owner or tenant of a real property/business (circle one)
located within the eligible area at 292 E Palm Canyon Drive, Palm Springs,
("Property"), otherwise known as Bernie's Lounge and Supper Club (building
or business).
C. Owner/Tenant has applied for a Grant in the amount of $25,000 to make interior
improvements to the Property as described in Exhibit "B," Scope of Work.
D. Owner/Tenant has received all necessary approvals from the City's Planning,
Building or Engineering Departments, which are shown in Exhibit "C", Evidence
of Approval.
E. The City has reviewed the application, the evidence of financial participation by
Owner/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 Owner/Tenant the amount of $25,000 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
45
AGREEMENT
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/Tenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
ContractorNendor Agreements, and the acceptance of the material used and the
work performed is Owner/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 City of Palm
Springs Business License.
4. Desian Approval and Permits. The Parties agree that Owner/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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,000. Example: if the applicant's interior improvement cost is $50,000 the
City Match Grant would be $25,000. If the total improvement cost is $10,000,
the City Match Grant would be $5,000.00.
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/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.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
OwnedTenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant 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
Remodel Grant Program 3-23-10 2
46
condition and repair, and shall keep the Property free from any accumulation of
debris or waste materials. Owner/Tenant 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/Tenant 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/Tenant covenants that, by and for
itself, it
s heirs executors assigns,
g s, 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 parry 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
Economic Development Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: Geoff McIntosh
Restaurant PC East, LLC
292 E Palm Canyon Drive
Palm Springs, CA 92262
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
Remodel Grant Program 3-23-10 3
47
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") and the City, 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 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/Tenant certifies that
the above statements are true and accurate to the best of OwnedTenant'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.
Remodel Grant Program 3-23-10 4
48
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City"
/ / City of Palm Sprin s
Date: '� ! 4 Z/ /3 By:
Com u t conomic Development
Date: By:
Irect r, C o unity & Econ Development
Date: y
David H. Ready, Esq.,
City Manager
ATTEST: APPROVED AS TO FORM:
By: By: 4&"Z
James Thompson Dougl s C. Holland
City Clerk City Attorney
"OWNERITENANT"
Date: 1 t'/1 / (,�_ By : V 41
,f
Date:
Remodel Grant Program 3-23-10 5
49
EXHIBIT "A'
MAP
See Attached
Remodel Grant Program 3-23-10 6
50
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EXHIBIT "B"
SCOPE OF WORK
Removal of wallpaper, refinish walls, new ceiling tiles, new carpet, new installed
fixtures, new light fixtures.
Remodel Grant Program 3-23-10 7
52
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes _ No
If yes, Building Permit #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 8
53
o�pALMSA�
City of Palm Springs
Community and Economic Development Department
+ 3200 E.Tahquirz Canyon Way • Palm Springs,California 92262
TEL (760)323-8259 • FAX (760)322-8325 • TDD(760)864-9527
C 'R ORAi EO
q �P Common ry Redevelopmcnt Agcnc, • Commonq Development Block Crane
CFOR Downtown Development • Pconomic Development• Housing • Public An:
October 3Q 2013
Geoff McIntosh
244 Redondo Avenue
Long Beach, CA 90803
RE: Interior Remodel Grant Program —292 E. Palm Canyon Drive
Dear Geoff:
The City of Palm Springs has received your application for an owner/tenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant in the amount of $25,000.00 from the Cityfollowing completion of
the work. 9 P
The next step is for you to obtain all necessary permits and approvals from the City's
Building Department. You may need to submit diagrams or floor plans showing the work
proposed. It is recommended that you check with the building department at 760-323-
8242 to determine what permits will be necessary to comply with the 2010 California
Building Codes. Please show a copy of this letter to the planning or building staff when
you apply for permits as evidence of your enrollment in the Interior Remodel Program.
All fees must be paid at the time permits are issued.
Once you obtain a permit from the Building Department; have a signed contract with
your contractor, you will enter into a Reimbursement Agreement with the City. To
complete the Reimbursement Agreement, please provide copies of the contractor's
proposal; a copy of their Contractors License and a copy of their City of Palm Springs
Business License. When the Agreement is signed you will be notified via email, mail or
phone. When you are notified that the Agreement has been fully executed you may
authorize your contractor to do the work.
When the work is completed you will need to submit proof of payment to the City for
reimbursement, as well as a signed job card showing all applicable inspections,
including final building inspection. If you have any questions or require further
assistance, please don't hesitate to contact me at 323-8175 or email
Cathy.Vanhorn(caoalmspdngs-ca.gov ..
Sincerely,
4atVa orn"
Economic evelopment Administrator
P.S. Don't forget to take some digital before and after photos and email them to us!
54
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT "D"
CONTRACTOR/VENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
55
Restaurant PC East, LLC
Description of interior work for 292 E Palm Canyon Dr—Palm Springs CA 92264
Removal of two layers of wall paper(which have been painted over)throughout dining area. $3000.00
Refinishing of plaster in the dining area.$6000.00
Repainting the interior of the dining area.$2200.00
Restoration of the missing permanently installed fixtures.$24,000.00
Installation of new window coverings.$4000.00
Removal of existing glue-down carpeting,preparation of the floor.$1500.00
Installation of new carpeting throughout the dining area.$6600.00
Installation of new cabinetry and refinishing of existing cabinetry in the dining area.$7100.00
Replacement of lighting fixtures in the dining area.$1200.00
Replacement of ceiling speakers in the dining area.$1200.00
Replacement of existing ceiling tiles in the dining area.$3200.00
Estimated cost of interior work to be$60,000
33 , 000 . 0
6 +000 . 00+
24 , 000 . 00 +
4 , 000. 00+
1 , 500 . 00+
6', 600 . 00+
7 , 100 •`00+
1 + 200 . 00+
1 . 200 . 00+
3 .2OO . QO +'
60 , 000 . 00x +
56
FoamBond Corporation Invoice No. 13-075
255 N. El Cielo Ste. 140-656
Palm Springs,CA 92264
INVOICE
Customer I Mlsc
Name Rand Howell Date 10/25l13
Address 292 E.Palm Canyon Dr. Order No. 13-075
City Palm Springs State CA ZIP 92262 Rep
85 Alex Chuo
Phone (562) 7-2300 F08
- - --
Description Unit Price TOTAL
1 Tearoff(on A/C pit and on Building 2)1 Spray over on rest of Building 1. $11,424.70 $ 11,424.70
Apply primer, polyurethane foam(minimum of 1"),base coat,top coat,&
granules. Installation of 2"edge metal on Building 2.
1 Deposit
Subtotal $ 1.1,424.70`.
Shipping
Payment Other Tax Rate(s)
Total-Deposit=Subtotal:$ ',-
Comments $1270=$11,424.70 _ TOTAL 1 1 4424.70�
Name
CC#
Expires
Warranty:5 years on materials and labor of installation date(10124113). The warranty is renewable at the end of the term. In
the case of another roofing contractor besides Foambond Corporation performs any work on the roof at the noted address,
the warranty is therefore void.
J7
& 8 CAP-PETS
1117 E. Artesia Blvd. Onf
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Long Beach CA 90805 DAM �
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500-750-0228 800-573-2444
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Addendum to Proposal b
Customer Name t Date A9 �i=; Work Order
Address
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Home Phone Cell Phone Email
We hereby propose to complete as specified the following:
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CUSTOMER COMPANY -
Notice to Buyer:You the Buyer,may cancel this transaction at any time prior to 6 0
the midnight of the third business day after the date of this transaction.See the 3.4.11 (Rev)®Clockwork Home Service, Inc.Al I Rights.Reserved.
attached notice of cancellation form for an explanation of this right. -
J & BMFG.
407 Arcadia Lane, *A`2
Bullhead City,AZ 86426
(520),7-04-A-111—
Fax (5 7 Cl115
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ORD R NO.CUSTOMER'S - � P-I_L(� Ltj L_C_/n^'ty'L DATE 19
NAME A o C, i F A 7
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°•_ CITY OF PALM SPRINGS
Cg41FORN%P COMMERCIAL - RETAIL PROPERTY
PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 24 day of February, 2014, by and between the City of Palm Springs, ("City"), and
Julie Montante the ("Owner/Tenant"). Collectively the City and Owner/Tenant are
referred to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owner/Tenant is the owner or tenant of a real property/business (circle one)
located within the eligible area at 555 S. Palm Canyon Drive, Palm Springs,
("Property"), otherwise known as Dollar Plus (building or business).
C. Grant Limitations. The maximum City matching grant shall not exceed $25,000.
Example: if the applicant's interior improvement cost is $50,000 the City Match
Grant would be $25,000. If the total improvement cost is $10,000, the City
Match Grant would be $5,000.00
D. Owner/Tenant has applied for a Grant in the amount of $25,000.00 to make
interior improvements to the Property as described in Exhibit "B," Scope of Work.
E. Owner/Tenant 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 $56,532.00, as shown in
Exhibit "D".
F. The City has reviewed the application, the evidence of financial participation by
Owner/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 Owner/Tenant the amount of $25,000.00 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
62
AGREEMENT
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/Tenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
ContractorNendor Agreements, and the acceptance of the material used and the
work performed is Owner/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 City of Palm
Springs Business License.
4. Design Approval and Permits. The Parties agree that Owner/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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,0000. The estimated cost of the work proposed is $56,532.00, as shown in
Exhibit "D".
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/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.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
Owner/Tenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant 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/Tenant shall also maintain all landscaping
required pursuant to Property's approved landscaping plan, if any, in a healthy
Remodel Grant Program 2014 2 63
condition, including replacement of any dead or diseased plants with plants of a
maturity similar to those being replaced. Owner/Tenant 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/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.
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
Economic Development Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: Julie Montante
Dollar Plus
555 S. Palm Canyon Drive
Palm Springs, CA 92262
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
Remodel Grant Program 2014 3 E
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") and the City, 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 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/Tenant certifies that
the above statements are true and accurate to the best of Owner/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.
I
Remodel Grant Program 2014 4 c
E �
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City„
City of Palm Springs
Date: . d By: 14rd&, b �,�j`f� /
Communit Economic De v lopment
Date: By:
IreCt C m unity & Economic Development
Date: By:
David H. Ready, Esq., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By: jel�4ea
James Thompson Dougl s . Holland
City Clerk City torney
"OWNER/TENANT"
Date: By .
Date:
Remodel Grant Program 3-23-10 5
66
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 6
07
Nt
Map 2 - Southern Focus Area
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EXHIBIT "B"
SCOPE OF WORK
Remove existing floor finish
Apply a new epoxy floor finish
Paint all interior walls
Repair and/or replace reflective ceilings tiles
Replace all fluorescent fixture light lenses
Construct approximately 200 lin. Ft. of display walls.
Install new electrical outlets in the display walls
Apply film on the storefront windows
Remodel Grant Program 3-23-10 7
69
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes _ No X-
If yes, Building Permit #
Community & Economic Development Eligibility Letter
ICI
Remodel Grant Program 3-23-10 8 70
OFPALMSpP
City of Palm Springs
Community and Economic Development Department
* 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262
TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527
Comn,.m,v Redevelopment Agcncy • Commu�ury Development Block Gran,
FOR Downturn Development • Economic Development • Housng • Public An
Febru ry 3, 2014
Julie Montante
Dollar Plus
555 S. Palm Canyon Drive
Palm Springs, CA
RE: Interior Remodel Grant Program
555 S. Palm Canyon Drive
Dear Julie.
The City of Palm Springs has received your application for an owner/tenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant up to $25,000.00 from the City following completion of the work.
The exact reimbursement grant amount will be defined in the Agreement once all the
supporting documents are received.
The next step is for you to obtain all necessary permits and approvals from the City's
Building Department. You may need to submit diagrams or floor plans showing the work
proposed. It is recommended that you check with the building department at 760-323-
8242 to determine what permits will be necessary to comply with the 2013 California
Building Codes. Please show a copy of this letter to the planning or building staff when
you apply for permits as evidence of your enrollment in the Interior Remodel Program.
All fees must be paid at the time permits are issued.
Once you obtain a permit from the Building Department; have a signed contract with
your contractor, you will enter into a Reimbursement Agreement with the City. To
complete the Reimbursement Agreement, please provide copies of the contractor's
proposal; a copy of their Contractors License and a copy of their City of Palm Springs
Business License. When the Agreement is signed you will be notified via email, mail or
phone. When you are notified that the Agreement has been fully executed you may
authorize your contractor to do the work.
When the work is completed you will need to submit proof of payment to the City for
reimbursement, as well as a signed job card showing all applicable inspections,
including final building inspection. If you have any questions or require further
assistance, please don't hesitate to contact me at 323-8175 or email
Cathy.Vanhorn(opalmsprings-ca.gov ..
Sincerely,
a y a orn
Economic evelopment Administrator
P.S. Don't forget to take some digital before and after photos and email them to us! 7 Z
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT "D°
CONTRACTOR/VENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
r 2
NYPD Contractors
80-521 Veranda Lane
Indio, Ca. 92201
(760) 296-0990 (760) 969-9411
Fax (760) 327-2387
License # C36& B 610554
January 15, 2014
Dollar Plus
555 S. Palm Canyon Dr., #111
Palm Springs, Ca. 92264
Attn: Julie Montante
Re: Misc. interior remodel
Dear Ms. Montante,
As requested, we herewith submit our proposal to do the work as discussed and
as described below.
• Remove existing floor finish
• Apply a new epoxy floor finish (color to be selected by the owner)
• Paint all interior walls
• Repair and/or replace reflective ceiling tiles. We have estimated
approximately 20% of the area needs repair of some sort.
• Replace all fluorescent fixture light lenses
• Construct approximately 200 lin. ft. of display walls. The walls shall not
extend to the ceiling.
• Install new electrical outlets in the display walls
• Apply film on the storefront windows
All of the above work shall be done in a substantial and workmanlike manner
according to standard practices for the sum of Fifty Six Thousand Five Hundred
Thirty Two Dollars ($ 56,532.00).
73
We hope the above meets with your approval and we are looking forward to
working with you on this project.
Very truly yours,
Joel M. Brown
74
DOLLAR PLUS
555 S. PALM CANYON DRIVE
- - --- -
SPACE#111 +
- — --�
PALM SPRINGS, CA. 92264
INTERIOR WORK
Remove existing floor finish 5400 s.f F$ 1.00 $ 5,400.00
Clean& polish vinyl flooring 556 s.f. $ 0.80 $ 445.00
Apply new epoxy floor finish 5400 s.f. $ 2.00 $ 10,800.00
Paint all interior walls 3800 s.f. $ 0.83 :�_3,156.00
Repair and/or replace refldive ceiling tiles(20%)
Purchase materials 1080 s.f. $ 5.00 $ 5,400.00
Labor to remove and install new 1080 s.f. $ 3.75 $ 4,050.00
Replace fluorescent light lenses 54 ea. $ 66.00 $ 3,564.00
Install new laminate slot wall panels
- -
Purchase slot wall p 66 ea. $ 96.89 $ 6,395.0_0
Install slot wall 66 ea. $ 40.00 $ 2,640.00
Apply ultraviolet film on storefront windows $ 5,280.00
SUBTOTAL $ 47,130.00
CONTRACTOR OVERHEAD @ 8% $ 4,701.00
CONTRACTOR PROFIT @ 8% $ 4,701.00
TOTAL - - — —$2.00
75
PALM S
Z
U N
CITY OF PALM SPRINGS
Cq</FORN�P COMMERCIAL - RETAIL PROPERTY
PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 24 day of February, 2014, by and between the City of Palm Springs, ("City"), and
Neil Castren the ("Owner/Tenant"). Collectively the City and Owner/Tenant are
referred to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owner/Tenant is the owner or tenant of a real property/business (circle one)
located within the eligible area at 1260 S. Palm Canyon Drive, Palm Springs,
("Property'), otherwise known as The New York Company Restaurant (building
or business).
C. Grant Limitations. The maximum City matching grant shall not exceed $25,000.
Example: if the applicant's interior improvement cost is $50,000 the City Match
Grant would be $25,000. If the total improvement cost is $10,000, the City
Match Grant would be $5,000.00
D. Owner/Tenant has applied for a Grant in the amount of $25,000 to make interior
improvements to the Property as described in Exhibit "B," Scope of Work.
E. Owner/Tenant 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 $61,002.00, as shown in
Exhibit "D".
F. The City has reviewed the application, the evidence of financial participation by
Owner/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 Owner/Tenant the amount of $25,000.00 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
7G
AGREEMENT
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/Tenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
ContractorNendor Agreements, and the acceptance of the material used and the
work performed is Owner/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 City of Palm
Springs Business License.
4. Design Approval and Permits. The Parties agree that Owner/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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,000.00. The estimated cost of the work proposed is $61,002.00, as shown
in Exhibit "D".
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/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.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
Owner/Tenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant 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/Tenant shall also maintain all landscaping
Remodel Grant Program 3-23-10 2
77
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/Tenant 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/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.
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
Economic Development Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: Neil R. Castren
The New York Company Restaurant
1260 S. Palm Canyon Drive
Palm Springs, CA 92262
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
Remodel Grant Program 3-23-10 3
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") and the City, 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 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/Tenant certifies that
the above statements are true and accurate to the best of Owner/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.
Remodel Grant Program 3-23-10 4
79
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City"
City of Palm Springs
Date: By #�
s� (� om y Economic Dev lopment
Date: /i��iS ! By:
Dlrecto , C m unity & Economic Development
Date: B
David H. Ready, Esq., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Dougl . Holland
City Clerk City orney
"OWNER/TENANT"
Date: eCa 2`f, Gtq By :
Date:
Remodel Grant Program 3-23-10 5
80
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 6
81
•r
Map 2 Southern Focus Area
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0 Buxton
EXHIBIT "B"
SCOPE OF WORK
Replace carpeting
Install glass partition in bar area
Lighting fixtures
Window tinting
Interior Painting
Security Alarm System
Drop Drape between bar and dining room
Sound System
Acoustical ceiling
Pin lights over dining tables
Restaurant & bar equipment
Remodel Grant Program 3-23-10 7
83
EXHIBIT "C°
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes _ No
If yes, Building Permit#
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 8
84
o�?ALMgA�
- -2 City of Palm Springs
V y
� Community and Economic Development Department �
32f F'. Tiwlutz Carryon Wn I C-L: $ r'n
�A pro TEL r](n) 3> 8259 • FAX 6Ol32_''- 3z TTDD 76
9vORAiFO q,,a '
C un, Ag,
<rF L) «, nI m< r • Ecru ,Dc�dol H"u 1-c
Dec er 27, 2013
Neil R. Castren
The New York Company Restaurant
1260 S. Palm Canyon Drive
Palm Springs, CA
RE: Interior Remodel Grant Program — 1260 S. Palm Canyon Drive
Dear Neil:
The City of Palm Springs has received your application for an owner/tenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant up to $25,000.00 from the City following completion of the work.
The exact reimbursement grant amount will be defined in the Agreement once all the
supporting documents are received.
The next step is for you to obtain all necessary permits and approvals from the City's
Building Department. You may need to submit diagrams or floor plans showing the work
proposed. It is recommended that you check with the building department at 760-323-
8242 to determine what permits will be necessary to comply with the 2013 California
Building Codes. Please show a copy of this letter to the planning or building staff when
you apply for permits as evidence of your enrollment in the Interior Remodel Program.
All fees must be paid at the time permits are issued.
Once you obtain a permit from the Building Department; have a signed contract with
your contractor, you will enter into a Reimbursement Agreement with the City. To
complete the Reimbursement Agreement, please provide copies of the contractor's
proposal; a copy of their Contractors License and a copy of their City of Palm Springs
Business License. When the Agreement is signed you will be notified via email, mail or
phone. When you are notified that the Agreement has been fully executed you may
authorize your contractor to do the work.
When the work is completed you will need to submit proof of payment to the City for
reimbursement, as well as a signed job card showing all applicable inspections,
including final building inspection. If you have any questions or require further
assistance, please don't hesitate to contact me at 323-8175 or email
Cathy-Vanhorn(cDaalmsprings-ca aov .
Sincerely,
Cathy
Economic Development Administrator
P.S. Don't forget to take some digital before and after photos and email them to us! 85
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT "D"
CONTRACTORNENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
as
3 , 299 . 00 +
THE NEW YORK COMPANY, INC. 1 , 600 . 00 +
1260 South Palm Canyon Drive 720 . 00 +
1 , 5 0 0 • 0 0 +
Palm Springs, CA 92264
1 , 550 . 00 +
January 13, 2014 1 , 5 0 0 . 0 0 +
533 . 00 +
Ms. Cathy Van Horn 1 , 8 0 0 • 0 0 +
Economic Development Administrator 3 , 5 0 0 . 0 0 +
City of Palm Springs 2 , 5 0 0 • 0 0 +
3200 E. Tahquitz Canyon Way 5 , 0 0 0 • 0 0 +
Palm Springs, CA 92262 3 3 , 0 0 0 • 0 0 +
Dear Ms. Van Horn: 2 , 5 0 0 . 0 0 +
2 , 000 . 00 +
The following projects relate to the application previously submitted 6 1 ° 0 0 2 • n 0 * +
under the Interior Remodel Program at The New York Company Resta
-Carpeting of Main Dining Room $3,299.00 3 . 2 9 9 . 0 0 +
-Carpeting of Lower Dining Room $1,600.00 1 , 6 0 0 • 0 0 +
-Glass Partition in Bar Area $ 720.00 7 2 0 - 0 0 +
-Lighting Fixtures $1,500.00 1 , 5 0 0 . 0 0 +
-Window Tinting $1,550.00 1 , 55o . 00 +
-Painting of Restaurant Interior $1,500.00 1 , 5 0 0 • 0 0 +
-Security Alarm System $ 533.00
-Drop Drape Between Bar and Dining Room $1,800.00 533 • 0 0 +
-Sound System $3,500.00 i , 8 0 0 • 0 0 +
-Acoustical Ceiling $2,500.00 3 . 5 0 0 • 0 0 +
-Pin Lights Over Dining Room Tables $5,000.00 2 , 5 0 0 • 0 0 +
-Dining Tables $1,000.00 5 , 0 0 0 • 0 0 +
-Dining Chairs $2,188.00. 3 3 , 0 0 0 • 0 0 +
-Patio Heaters $ 425.00- 2 , 5 0 0 • 0 0.+
�y Table Umbrellas $1,800.00 2 , 000 . 00 +
-Purchase of Restaurant& Bar Equipment $33;0 ` ' 0 • 0 0 * +
-Upright Freezer $2, .00
-Kitchen Grill $2,000.00
Please let me know if I can provide you with any additional information with respect to
this application.
Sincerely,
\Qo,liLt-r�—
I leil R. Castren
Owner
87
��Q Q AL M S'4
iy
c
V N
P' CITY OF PALM SPRINGS
Q411:01t � COMMERCIAL - RETAIL PROPERTY
PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 10 day of March, 2014, by and between the City of Palm Springs, ("City"), and
Costa Nichols the ("Owner/Tenant"). Collectively the City and Owner/Tenant are
referred to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owner/Tenant is the owner or tenant of a real property/business (circle one)
located within the eligible area at 611 S. Palm Canyon Drive, Suite 22, Palm
Springs, ("Property"), otherwise known as Go Deli Market (building or business).
C. Grant Limitations. The maximum City matching grant shall not exceed $25,000.
Example: if the applicant's interior improvement cost is $50,000 the City Match
Grant would be $25,000. If the total improvement cost is $10,000, the City
Match Grant would be $5,000.00
D. Owner/Tenant has applied for a Grant in the amount of $25,000 to make interior
improvements to the Property as described in Exhibit "B," Scope of Work.
E. Owner/Tenant 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 $248,408.40 as shown
in Exhibit "D".
F. The City has reviewed the application, the evidence of financial participation by
Owner/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 Owner/Tenant the amount of $25,000 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
IIu
AGREEMENT
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/Tenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
ContractorNendor Agreements, and the acceptance of the material used and the
work performed is Owner/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 City of Palm
Springs Business License.
4. Design Approval and Permits. The Parties agree that Owner/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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,000. The estimated cost of the work proposed is $248,408.40 as shown in
Exhibit "D".
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/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.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
Owner/Tenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant 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/Tenant shall also maintain all landscaping
Remodel Grant Program 3-23-10 2
89
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/Tenant 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/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.
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
Economic Development Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: Costa Nichols
28850 Avenida Duquesa
Cathedral City, CA 92262
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
Remodel Grant Program 3-23-10 3
90
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") and the City, 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 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/Tenant certifies that
the above statements are true and accurate to the best of Owner/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.
Remodel Grant Program 3-23-10 4
91
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., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"OWNERITENANT"
Date: By :
Date:
Remodel Grant Program 3-23-10 5
92
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 6
93
• 1 Southern
ism
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L
EXHIBIT "B"
SCOPE OF WORK
Demo entire space and build out new market & deli, including electrical wiring, flooring,
partition walls, paint, ceiling and permanent displays.
Remodel Grant Program 3-23-10 7
95
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
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 #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 8
96
Mar 141401:58p Costa Nichols 760-327-7702 p.4
MAP/I /2G14/FR1 01 :20 FM BEST SIGNS FAI No, 760 320 20SO P. 1108
ity of Palm Springs
BL ILDING PERMIT
a Building Adi lass: 611 S Palm Canyon Or Ste 22
Daly 0212412014 Casa No: 14.010 PeTw TeohniblenAngelaWhence
Submiro0
Own r Address Phone
Costo Nichols $11 S Palm Carryon Dr Un 22 760 327 7701
Palm Springs CA
Con factor Address I Phone Uc.Number
BestSIgno, 1550 Gong Autry 5 760.3203042 624483
CA
Architect Address Phone
En ineer Address Phone
lot a dock rY Tract P. I Number
51 290-014
Lol Size Zone cotopency
Building Sq.Ft GarageiCamort Roofed Patiof?orch Ramadaled Arm
NEW
Liz e of building Permit Type Gwra.Type Fbdum Units
Co vimerclatil Electrical Perm
Fir i SPtinRler Units Valuation Permit Fees Paid
1100.DO 76.36
Deacrlfe wok in detaii:
Electrical connection for new sign.
S aalt:ondi5ma:
DO NOT CONCEAL OR OVER ANY CONSTRU TiON VNTIL THE WOW IS 14PEOTED
IMPORTANT
Th issuenca or Ines panne shall nW be held to be an ape of tree vialaeon of any provisions of any city at county ordinance of state Few.
Ins ns of work are subject to an approved set of plans b nq on the lob. Changes to plans are rat to be made without permisaion of the SuOding and
Sa ty Divisions
The owner arKUm wntrsotor b msprstsibletorastabl'ehing a property 00as. All utirdlas must bean tasground.
Thi6 permit w0f enplfo if work is rotstarted in 100 days or If i ore than 100 days alopses between
LIS pions.
I;mfy that t sm familiar with all requirements of the City of P i m Springs as they apply to this permit and urderstand that these requbemems must be
complet Tior;o final inspection and that no cest'dtcation of upanty wil be issued until such bme is f requ'vements are met I ca5fy 6ratI have
r�thi ap loss endsrwa Wet theinformalion u kve a read.
E TR&CTTJAGENT DATE ISSUED BY Finaled
when a lyfilled out.signed and vallde d,and is not transferable.
PERMITNVM6ER 2014'667
97
-- .— L — — -- - - _._—_ __— --- —
O�QALMSA�
-, City of Palm Springs
C � 0
`P Community and Economic Development Department
' 3200 E.Tahquiez Canyon Way • Palm Springs,California 92262
` �Oopouap{eo sI + TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)564-9527
q�CFO R��P Community Redevelopment Agency • Community Development Block Grant
Downtown Development • Economic Development • Housing • Pubh( Arr
December 10, 2013
Costa Nichols
611 S. Palm Canyon Drive
28850 Avenida Duquesa
Cathedral City, CA 92234
RE: Interior Remodel Grant Program —611 S. Palm Canyon Drive
Dear Costa:
The City of Palm Springs has received your application for an ownerttenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant in the amount of $25,000.00 from the City following completion of
the work.
The next step is for you to obtain all necessary permits and approvals from the City's
Building Department. You may need to submit diagrams or floor plans showing the work
proposed. It is recommended that you check with the building department at 760-323-
8242 to determine what permits will be necessary to comply with the 2013 California
Building Codes. Please show a copy of this letter to the planning or building staff when
you apply for permits as evidence of your enrollment in the Interior Remodel Program.
All fees must be paid at the time permits are issued.
Once you obtain a permit from the Building Department; have a signed contract with
your contractor, you will enter into a Reimbursement Agreement with the City. To
complete the Reimbursement Agreement, please provide copies of the contractor's
Proposal; a copy of their Contractors License and a copy of their City of Palm Springs
Business License. When the Agreement is signed you will be notified via email, mail or
phone. When you are notified that the Agreement has been fully executed you may
authorize your contractor to do the work.
When the work is completed you will need to submit proof of payment to the City for
reimbursement, as well as a signed job card showing all applicable inspections,
including final building inspection. If you have any questions or require further
assistance, please don't hesitate to contact me at 323-8175 or email
Cathv.Vanhom(cDnalmsprings-ca aov .
Sincerely,
Cathy Van om
Economic evelopment Administrator 98
P.S. Don't forget to take some digital before and after photos and email them to us!
Post Office Box 2743 9 Pnlm 01' 42 7-i/2
EXHIBIT "D"
CONTRACTORNENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
99
DESERT SUN CENTER U-C _
TENANT IMPROVEMENT
GO DELI MARKET/COSTA NICHOLS
CONTRACT -- — CHANGE
NAME _ DESCRIPTION OF WORK AMOUNT REIMBURSABLES ORDER TOTAL
—__
ARCHfTEKTON Architectural fees and reimbursables 5 26,000.00 $ 3,899.15 $ 27,899.15
- -.—
ARCHREKTON/HOMAYON MOAVEN reimbursement for labor $ 920.00 $ 920.00
CRY Of PALM SPRINGS Permit fee $ 4,905.87 $ 4,905.97
DESERT FRAMIING Demo,framing concrete,drywall _ _ $ 13,05000 $ 2,620.011 $_ _15,670.00
SPARTANCONCRETE electric sawcut/compressor demo/haul $ 2,075.00 $ 630,0 $ 2,70500
AC PLUMBING _ demo,removal and cap up of existing watepgas&waste $ 13,660.00 $ 502.00 $ 14,162.00
BURRTEC WASTE temporary toilet rental _ $ 353,54 . $ 353.54
VM ELECTRIC _ completed the new conduit and wiring __ _ 5 16,1X10.00 $ 5,882.33 $ _21,882,33
GUIIIERMO VIE"SAN[HE2 Hand railingsfor the handicap and railings for the two stairs $ 2,SOOAO $_ 2,500.00
BEST BUY g cooler .32 RESTAURANT refrigerated counter,sink,work_table,walk-in co $ ]9,950__ _ $ 79,950.32
AMILCAR PAINTING/IDANIA ESPINAI Pained the walk-in ref,irrcumen[room,metal interior $ 4,431.00 $ 1,345.00 _, $ 5,]]6.00
DEL'S FLOORING_ Furnish and install LVT and Sheet Vinyl $ 23,650.00 $ 505.00
VBI DOORS doors,hardware,bathroom accessories $ 7,624.00 $ 1130.W)
DESERT AIR CONDITIONING _installed new thermostats and re-do ductwork $ 4,907.00 �$ 2,26]O0 $ ],1]4.00
DESERT REPROGRAPHICS Printing co g $ 214.12 $ 214,12
SET IN STONE setting re base in storage and utility room _ $ 500.W $ 500.00
ADVANCED INSTALLATIONS rebuild Ibar ceiling around bathroom,etc. $ J,944.00 5 2,049.00 5 9,993.00
BREEZE AIR CONDITIONING fabricated and installed(2)counter tops - $ 2,500.00 $ 2,500.00
DESERT FIRE WrINGUISHERS fire sprinkler systems,drain $ 3,756.92 $ 3,756,92
MAGIK ENTERPRISES installed tempered glass $ 725.W $ 255.W $ 980.00
SOUTHERN CALIFORNIA ELECTRIC lamp emergency,fuse,etc. $ 1,99635 $ 1,996.75
NAPATECHNOLOGY wine station sel4service equipment $ 12,]58.00 5 12,758.00
-. ._ _._.._._.
SECURI KEY LOCKSMITH deadbolt,rake, $ 162.40 5 162.40
TOTALS $210,5B3.92 $ 1,899.1i 4 15,92533 $ 248,408.40
Boa
Mar 141402:19p Costa Nichols 760-327-7702 p.1
i P' s/
Best Bull Restaurant Equipment
72120 M nufacturing Rd. Suite C Invoice
BESTBUY Thousan Palms, CA92276
t T (760) 3-0555 • F (760) 343-0777 12/202013 1D4613
Desert Sun Center, LLC Desert Sun Center, LLC
611 S. Palm Canyon Dr. 611 S. Palm Canyon Dr.
Palm Springs, CA 92262 Palm Springs, CA 92262
17212 Due on receip EG 1212012013 Best Buy Freigh
t Installation Labor,erect walk- 3,460.00 3.450.00
Installation Labor,erect walk-in box an job Re,walk-in hang coil(con Supplied by
Best Bay)
1 Installation labor,relrigerati 5,175.00 5,175.00
Installation Labor,erect walk-in bole an job te,walk-in hang coil(coil Supplied by
BestBuy)
8.625.00
1 Indoor Walk*Cooler, 8'x 40' 9,120.00 9,120.o0T
Indoor Walk-In Cooler,8'x40'-l"x Thigh, oorless,26 gauge stucco white interior
and end
1 Medium Temp Condensing Unit pr 3,850.00 3,850.00T
Medium Temp Condensing Uric pre-arse led high ambient.hermetic remote
refrigeration,36,042
3 (QUICK SHIP)Medium Temp Evapar 998.00 2,994.00T
(QUICK SHIP)Median Temp Evaporator A.for R-404 Hermefic Condensing Units,
16=1 BTU @ suc
1 16 Merdhanckse Doors for cooler 18,279.00 18,279-oaT
16 Merchandise Doors far cooler,to irlolud Doorframe,Shelving and LED lighting.
30DOOR
2 Hand Sink,wall mount.. 124/2"L 185.40 370.80T
Hand Sink,wall mount, 12-1/2 L x 9.3W S IB"deep bowl,includes wal mount
faucet wide
1 Amana®Commercial Microwave Ove 337.77 337.77T
Amara®Commercial Microwave Oven, mop, 1000 watts,10 min.dial timer,4
power level,at
1 Double Duty Deli Case,96' 6,256.62 6,255.62T
Double Duty Deli Case,see4h ru,Low-E gl frond&(3)rear doors,white aluminum
intenorwilh co
1 Produce Open Merctendiser,75'1- 6,501J1 6,501.71T
Produce Open Merchandiser,75'L,76-112 11,endless design,self-contained
refrigeration,(3)ro
1 Produce Open Merchandiser,75'L 0,501.71 6,501.71T
Produce Open Merchandiser,75'L,78-1! ,endless dVsWn
refrigeration,(3)ro
i Prep Sink,1-comparbmerd,24'W Payments/Credits 42827 428.27r
Prep Sink,1-comparbnenl,24Nd x24-L x 'D bowl,2 ' boarri
includes strains Total
Balance Due
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RP RLAIAfr.ANTI A/J.fSTaR➢NOP&J WAO I/HM1M'N.0.9FRANFFAAIANS HEAPIROYdD8r8bTI'RUYAMn RR1rIA DallirlN 3%fUITOFPlM(AURr•.1N71AOR(G)NAf.PACYACJlX'„!NU
IN OAIOfNAl.CONIN9r/N WARRAN7lESAR£1df.YCB'AgLRPJYSi s�&�l,'�d�l��lY��11fjA1J..WIFRR/JAAfA FOk ANYAIFXCILfNLYZFDFfhT`I$.CYMIAGR r)FYMIOLCTS.NOR
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Mar 141402:19p Costa Nichols 760-327-7702 p.2
F. Best Bu r Restaurant Equipment
72120 IV 3nufacturing Rd. Suite C Invoice
BESTBUY Thousar I Palms, CA 92276
T (760) 3-0555 • F (760) 343-0777 1212012013 104613
Desert Sun Center, LLC Desert Sun Center, LLC
611 S. Palm Canyon Dr. 611 S. Palm Canyon Dr.
Palm Springs, CA 92262 Palm Springs, CA 92262
17212 Due on nice' EG 12/20,2013 Best Buy Freigh
1 8'Faucet wi14'Spout NO LEAD W 8' 41.77 41.77T
8'Comrnercal Walt Mount Faucet with 14 Spout(no lead)
AA-714G
1 Hand Sink Drop-in 100.22 100.22T
Space Saver Dropdn Hand Sink deep 6 3 "
HS-13171H
1 Food Shield,cafeteria style,15x60 1.467.78 1,467.78T
Sleek?Food Shield,cafeteria style.15"x 18"tag with glass top shelf,1/4"heat to
1 Utility Shelf with Mop Hanger,8x24 299.34 299.34T
Utility Shelf with Mop Harmer,8"x 24",1 stainless steel
US0824-16f3
1 6 DOOR LOCKER 6 DOOR 154,65 154.e5T
6 DOOR LOCKER
EL-60R
1 Industrial N2 Series Air Cu 36,39" 568.00 588.00T
Industrial NSF N2 Series Air Curtain,for wide door.Unheated,(1)12 HP motor,
115W
1 Level 1 corlb'd package 50.40 50.40T
Level 1 control package,line voltage,con 'nation plungerlroder door limit switch,for
instant onfoff
1 Freezer Merchandiser,49'115v1208-220 4,216.78 4216.78T
Freezer Merchandiser,lv o-sectlon,49 cu.I L,selfcontamed,(2)triple pane hinged gl
1 Reach-In Freezer,one-sedbn, 1,73SA3 1,738.43T
Reach-In Freezer,one-sedion,23 cubic capacity,(3)5hetves,top mounted se8
contained r
t Ice Merchandiser,one-sedion, 2,136.82 2,138.82T
Ice Merchandiser,ane-section,without 12' tank,(54)81b.bag cap.,vinyl exterior,
white inte
65,436-07
PS CC Sales Tax 9.00% 5,88925
Tax item used for transactions created in ickBooks POS 0.00% 0.00
Payments/Credlh SO.00
Total $79,950.32
Balance Due $79,950.32
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102
I
?ALMS
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U N
P' CITY OF PALM SPRINGS
``sou COMMERCIAL — RETAIL PROPERTY
PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 111" day of March, 2014, by and between the City of Palm Springs, ("City'), and
Mirsad Terzic the ("Owner/Tenant"), Collectively the City and Owner/Tenant are
referred to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owner/Tenant is the owner or tenant of a real property/business (circle one)
located within the eligible area at 1555 S. Palm Canyon Drive, Suite H-101,
Palm Springs, ("Property"), otherwise known as Miro's (building or business).
C. Grant Limitations. The maximum City matching grant shall not exceed $25,000.
Example: if the applicant's interior improvement cost is $50,000 the City Match
Grant would be $25,000. If the total improvement cost is $10,000, the City
Match Grant would be $5,000.00
D. Owner/Tenant has applied for a Grant in the amount of $25,000.00 to make
interior improvements to the Property as described in Exhibit "B," Scope of Work.
E. Owner/Tenant 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 $57,000.00, as shown in
Exhibit "D".
F. The City has reviewed the application, the evidence of financial participation by
Owner/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 Owner/Tenant the amount of $25,000.00 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
AGREEMENT 103
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/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 Owner/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 City of Palm
Springs Business License.
4. Design Approval and Permits. The Parties agree that Owner/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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,000.00. The estimated cost of the work proposed is $57,000.00, as shown
in Exhibit "D".
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/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.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
Owner/Tenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant 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/Tenant shall also maintain all landscaping
required pursuant to Property's approved landscaping plan, if any, in a healthy
Remodel Grant Program 3-23-10 2
104
condition, including replacement of any dead or diseased plants with plants of a
maturity similar to those being replaced. Owner/Tenant 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/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.
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
Economic Development Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: Mirsad Terzic
1354 E San Lucas Road
Palm Springs, CA 92264
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.
Remodel Grant Program 3-23-10 3
105
14. Indemnification. Owner/Tenant shall indemnify and hold harmless, the City of
Palm ("City")
Springs "( y ) and the City, 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 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 ram.ation in the Pro
P p 9
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/Tenant certifies that
the above statements are true and accurate to the best of Owner/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.
Remodel Grant Program 3-23-10 4
106
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City"
City of Palm Springs
Date: -/ 1 By: bra --
Com ity 9 Ec nomic Devel ment
Date:
r
By:
irect , Comm ni & Economic Development
Date: By:
David H. Ready, Esq., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"OWNER/TENANT"
Date: O�J ' \ Z — �0 y By
Date:
Remodel Grant Program 3-23-10 5
107
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 6
108
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EXHIBIT "B"
SCOPE OF WORK
New refrigeration and restaurant equipment, new permanent booths, interior painting,
lighting and floor covering; and new heat lamps for patio
Remodel Grant Program 3-23-10 7
110
EXHIBIT "C
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes _ No _X_
If yes, Building Permit #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 8
111
`MSA��y Pity of Palm Springs
Community and Economic Development Department
R * 3200 E.Tahquirz Canyon Way • Pahn Springs,California 92262
�oO4<ocmeo`4a� TEL: (760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527
��Q' Communiry Redevelopment Agencv • Communi
ty Developmen
t Block Granr
Fo$ Downtown Devclopmenr• Economic Development• Lfausmg • Public Arc
December 10, 2013
Mirsad Terzic
1354 E. San Lucas Road
Palm Springs, CA 92264
RE: Interior Remodel Grant Program — 1555 S. Palm Canyon Drive, Suite H-101
Dear Mirsad:
The City of Palm Springs has received your application for an owner/tenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant in the amount of $25.000.00 from the City following completion of
the work.
The next step is for you to obtain all necessary permits and approvals from the City's
Building Department. You may need to submit diagrams or floor plans showing the work
proposed. It is recommended that you check with the building department at 760-323-
8242 to determine what permits will be necessary to comply with the 2013 California
Building Codes. Please show a copy of this letter to the planning or building staff when
you apply for permits as evidence of your enrollment in the Interior Remodel Program.
All fees must be paid at the time permits are issued.
Once you obtain a permit from the Building Department; have a signed contract with
your contractor, you will enter into a Reimbursement Agreement with the City. To
complete the Reimbursement Agreement, please provide copies of the contractor's
proposal; a copy of their Contractors License and a copy of their City of Palm Springs
Business License. When the Agreement is signed you will be notified via email, mail or
phone. When you are notified that the Agreement has been fully executed you may
authorize your contractor to do the work.
When the work is completed you will need to submit proof of payment to the City for
reimbursement, as well as a signed job card showing all applicable inspections,
including final building inspection. If you have any questions or require further
assistance, please don't hesitate to contact me at 323-8175 or email
Cathv Vanhornna palmsprinas-ca gov .
Sincerely,
Economic Development Administrator
P.S. Don't forget to take some digital before and after photos and email them to us!
112
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT "D"
CONTRACTORNENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
113
M i ro's
1555 S. Palm Canyon Drive, Suite H-101
Palm Springs, CA 92264
Interior Remodels
Restaurant Refrigeration and Equipment g $20 000
2 door Freezer, bar cooler, dishwasher, commercial
Coffee maker
Dining Room benches along two walls $8,000
Painting throughout dining area and bar $8,000
Lighting in bar and dining area $6,000
French Doors $4,000
POS System $11,000
Total $57,000
114
EpALM d
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a
CITY OF PALM SPRINGS
cgOpolt COMMERCIAL - RETAIL PROPERTY
PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 10 day of March, 2014, by and between the City of Palm Springs, ("City"), and
Daniel Doiron the ("Owner/Tenant"). Collectively the City and Owner/Tenant are
referred to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owner/Tenant is the owner or tenant of a real property/business (circle one)
located within the eligible area at 2249 N. Palm Canyon Drive, Palm Springs,
("Property"), otherwise known as 78 Degrees at the D (building or business)-
C. Grant Limitations. The maximum City matching grant shall not exceed $25,000.
Example: if the applicant's interior improvement cost is $50,000 the City Match
Grant would be $25,000. If the total improvement cost is $10,000, the City
Match Grant would be $5,000.00
D. Owner/Tenant has applied for a Grant in the amount of $25,000 to make interior
improvements to the Property as described in Exhibit "B," Scope of Work.
E. Owner/Tenant 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 $57,148.85, as shown in
Exhibit "D".
F. The City has reviewed the application, the evidence of financial participation by
Owner/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 Owner/Tenant the amount of $25,000 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
115
AGREEMENT
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/Tenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
ContractorNendor Agreements, and the acceptance of the material used and the
work performed is Owner/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 City of Palm
Springs Business License.
4. Design Approval and Permits. The Parties agree that Owner/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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,000. The estimated cost of the work proposed is $57,148.85, as shown in
Exhibit "D".
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/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.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
Owner/Tenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant 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/Tenant shall also maintain all landscaping
Remodel Grant Program 3-23-10 2
116
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/Tenant 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/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.
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
Economic Development Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: Daniel Doiron
2249 N. Palm Canyon Drive, Unit A
Palm Springs, CA 92262
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
Remodel Grant Program 3-23-10 3
117
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") and the City, 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 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/Tenant certifies that
the above statements are true and accurate to the best of Owner/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.
Remodel Grant Program 3-23-10 4
118
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., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"OWNER/TENANT"
Date: By :
Date:
( 1
Remodel Grant Program 3-23-10 5 119
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 6
120
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EXHIBIT "B"
SCOPE OF WORK
Drywall, painting, flooring, tile, permanent seat/booths, restaurant equipment and
permanent lighting fixtures.
Remodel Grant Program 3-23-10 7
122
EXHIBIT "C
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit requ1l,e,d on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes No �`
If yes, Building Permit #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 8
123
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City of Palm Springs
Community and Economic Development Department
• 3200 E.Tahquirz Canyon Way • Palm Springs,California 92262
c
"eo 4o a ,A.Eo TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527
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.q� N\P Commum,y Redevelopment Agency • Community Developroen,Block Gran,
FOR Downtown Decch,mi,or • Economic Development • Housing • Public Art
Febru ry , 2014
Daniel Doiron
78 Degrees at the D
2249 N Palm Canyon Drive
Palm Springs, CA 92262
RE: Interior Remodel Grant Program
2249 N Palm Canyon Drive
Dear Daniel:
The City of Palm Springs has received your application for an owner/tenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant up to $25,000.00 from the City following completion of the work.
The exact reimbursement grant amount will be defined in the Agreement once all the
supporting documents are received.
The next step is for you to obtain all necessary permits and approvals from the City's
Building Department. You may need to submit diagrams or floor plans showing the work
proposed. It is recommended that you check with the building department at 760-323-
8242 to determine what permits will be necessary to comply with the 2013 California
Building Codes. Please show a copy of this letter to the planning or building staff when
you apply for permits as evidence of your enrollment in the Interior Remodel Program.
All fees must be paid at the time permits are issued.
Once you obtain a permit from the Building Department; have a signed contract with
your contractor, you will enter into a Reimbursement Agreement with the City. To
complete the Reimbursement Agreement, please provide copies of the contractor's
proposal; a copy of their Contractors License and a copy of their City of Palm Springs
Business License. When the Agreement is signed you will be notified via email, mail or
phone. When you are notified that the Agreement has been fully executed you may
authorize your contractor to do the work.
When the work is completed you will need to submit proof of payment to the City for
reimbursement, as well as a signed job card showing all applicable inspections,
including final building inspection. If you have any questions or require further
assistance, please don't hesitate to contact me at 323-8175 or email
Cathy.Vanhom(ci)palmsprings-ca.gov .
Sincerely,
( I )ol�
,(nCa by a Fn
Economic Development Administrator
P.S. Don't forget to take some digital before and after photos and email them to us! 124
Post Office Box 2743 1 Palm Springs, California 92263-2743
EXHIBIT "D"
CONTRACTORNENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
125
78 Degrees at the D itemized list of renovation work already
1. Restaurant Equipment:
Items bought: Worktop refrigerator on caster with 6" Backsplash,
Full Size Gas Convection oven, Drop-in refrigerator, Bar Sinks, Wall
Mount shelving, Beer storage refrigeration, ect. We have so far
purchased 65% of all the restaurant equipment necessary to run a full
commercial kitchen.
■ Sub-total: $16,438.93
2. Drywall: Hired two hourly sheetrock guys two complete hanging drywall
for the restaurant.
■ Sub-total: $1,760
3. Restaurant General Construction Labor: Did interior demolition work on
the restaurant. We hired hourly labor to get this done.
• Sub-total: $5,132.00
4. Concrete: Poured concrete floor in the restaurant
■ Sub-total: $4,500
5. Plumbing: Re-piped plumbing, capped off existing hot and cold water
lines in old bar location. Did overhead piping for new bar locations.
Installed '/4 hot and cold water lines from water heater location to new
bar sink location.
■ Sub-total: $2,915
6. Fire-sprinklers: Piped restaurant for fire-sprinklers.
■ Sub-total: $13,000
7. Construction materials: drywall materials, framing materials, ect.
126
■ Sub-total: $989.04
8. Anthony Doiron/General Contractor: Helped remove drywall on walls and
some ceilings, to get ready for leak repair and check for load bearing walls.
Helped remove slider on back wall, front dining area, and 1 window on back
wall. Frame, drywall and help nail in exterior plywood. Helped finish
installation odds and end pieces of drywall, nail on corner bead and begin
tape and mudding of walls. Start skip trowel on finished mud walls. Sand
walls, to ready for painting.
■ Sub-total: $12,413.88
GRAND TOTAL: $57,148.85
127
?A LM S'04
iy
V ,n
CITY OF PALM SPRINGS
9<<FOQN` COMMERCIAL - RETAIL PROPERTY
PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 19 day of March, 2014, by and between the City of Palm Springs, ("City"), and
Reginald Hall the ("Owner/Tenant"). Collectively the City and Owner/Tenant are
referred to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owner/Tenant is the owner or tenant of a real property/business (circle one)
located within the eligible area at 410 San Rafael, Palm Springs, ("Property"),
otherwise known as Mama Ola's Soul Food (building or business).
C. Grant Limitations. The maximum City matching grant shall not exceed $25,000.
Example: if the applicant's interior improvement cost is $50,000 the City Match
Grant would be $25,000. If the total improvement cost is $10,000, the City
Match Grant would be $5,000.00
D. Owner/Tenant has applied for a Grant in the amount of 25,000.00 to make
interior improvements to the Property as described in Exhibit "B," Scope of Work.
E. Owner/Tenant 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 51,480.00, as shown in
Exhibit "D".
F. The City has reviewed the application, the evidence of financial participation by
Owner/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 Owner/Tenant the amount of $25,000.00 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
AGREEMENT 128
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule. The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/Tenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "D",
ContractorNendor Agreements, and the acceptance of the material used and the
work performed is Owner/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 City of Palm
Springs Business License.
4. Design Approval and Permits. The Parties agree that Owner/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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,000.00. The estimated cost of the work proposed is $51,480.00 as shown in
Exhibit "D".
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/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.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
Owner/Tenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant 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/Tenant shall also maintain all landscaping
required pursuant to Property's approved landscaping plan, if any, in a healthy
Remodel Grant Program 3-23-10 2
129
condition, including replacement of any dead or diseased plants with plants of a
maturity similar to those being replaced. Owner/Tenant 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/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.
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
Economic Development Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: Reginald Hall
Mama Ola's Soul Food
410 San Rafael
Palm Springs, CA 92262
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.
Remodel Grant Program 3-23-10 3
130
14. Indemnification. Owner/Tenant shall indemnify and hold harmless, the City of
Palm Springs ("City") and the City, 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 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 executingthis Agreement the parties hereto are
9
formally bound to the provisions of this Agreement. Owner/Tenant certifies that
the above statements are true and accurate to the best of Owner/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.
Remodel Grant Program 3-23-10 4
131
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City"
City of Palm Springs
Date: By:
Community conomic Develop ent
Date: By:
C!lrec r, m unity & Economic Development
Date: By:
David H. Ready, Esq., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"OWNER/TENANT"
Date: 3 - L 9 - I y By :
Date:
Remodel Grant Program 3-23-10 5
132
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 6 133
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EXHIBIT "B°
SCOPE OF WORK
Add service window
Enclose hot water heater
Construction and install display cases with lights
Repair all tile throughout building
Construct privacy wall and install restroom door
Install new lighting fixtures in dining room
Construct new door jams and casings
Install bar wing doors at entrance to kitchen
Replace rear entrance door
Install security doors at front rear entrances
Apply Waynes coating in dining room
Skim coat and apply texture to all plaster walls and ceilings
Repair leak in ceiling
Prime & paint all walls and ceilings
Install new window coverings throughout
Remodel Grant Program 3-23-10 7 135
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
Building permit required on all or a portion of the work described in Exhibit "B" Scope
of Work. Yes No
If yes, Building Permit #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 8
136
0 VALMS10
City of halm Springs
Community and Economic Development Department
` * 3200 E.Tahquitz Canyon Way Palm Springs, California 92262
TEL:(760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527
C AoanEoa
.q AP Community Redevelopment Agency Cnmmumq Development Block Gant
41FO VL Dawntowv Development• Economic Development• Housing • Public Art
January 6, 2014
Reginald Hall
Mama Ole's Soul Food
410 San Rafael
Palm Springs, CA
RE: Interior Remodel Grant Program —410 San Rafael
Dear Reginald:
The City of Palm Springs has received your application for an owner/tenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant up to $25,000.00 from the City following completion of the work.
The exact reimbursement grant amount will be defined in the Agreement once all the
supporting documents are received.
The next step is for you to obtain all necessary permits and approvals from the City's
Building Department. You may need to submit diagrams or floor plans showing the work
proposed. It is recommended that you check with the building department at 760-323-
8242 to determine what permits will be necessary to comply with the 2013 California
Building Codes. Please show a copy of this letter to the planning or building staff when
you apply for permits as evidence of your enrollment in the Interior Remodel Program.
All fees must be paid at the time permits are issued.
Once you obtain a permit from the Building Department; have a signed contract with
your contractor, you will enter into a Reimbursement Agreement with the City. To
complete the Reimbursement Agreement, please provide copies of the contractor's
proposal; a copy of their Contractors License and a copy of their City of Palm Springs
Business License. When the Agreement is signed you will be notified via email, mail or
phone. When you are notified that the Agreement has been fully executed you may
authorize your contractor to do the work.
When the work is completed you will need to submit proof of payment to the City for
reimbursement, as well as a signed job card showing all applicable inspections,
including final building inspection. If you have any questions or require further
assistance, please don't hesitate to contact me at 323-8175 or email
Cathy,Vanhorn(cbpalmsprings-ca gov .
aSincerely, U�/
a y Van or V4
Economic Development Administrator
P.S. Don't forget to take some digital before and after photos and email them to us! 137
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT °D"
CONTRACTOR/VENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9
138
PROPOSAL
MARTIN CONTRACTING
66365 Desert View Avenue
Desert Hot Springs, CA 92240
Daniel Martin (909)353-9352
James Laker (760)969-9202 PROJECT.Mama Ola's Kitchen(Remodel-grant)
410 San Rafael, Palm Springs, CA 92262
To: Reginald Hall
410 San Rafael
Palm Springs,CA 92262
(760)534-6094
SCOPE OF WORK
1) Add service window and order/pick-up window 1-a-32'w x 36"h, lb-existing size
2) Enclose hot water heater 2-3'w x 8'h x 2'
3) Construct&install display cases w/lights
4) Install partitions-dining room 4-5'h x 6'w
5) Repair all tile(throughout building) 5- as explained
6) Construct privacy wall and Install restroom door 6- 6'wall w/3'w opening
7) Install new lighting fixtures in dining room 7-replace existing
8) Construct new door jams and casings 8-same size as existing
9) Install bar wing doors at entrance to kitchen 9-
10) Replace rear entrance door 10-same as existing
11) Install security doors(screened)at front&rear entrances 11-same size
12) Apply Waynes Coating in dining room
13) Skim-coat and apply texture to all plaster walls and ceilings 13-all walls and ceilings
14) Repair leak in ceiling 14-above water heater
15) Prime&paint all walls and ceilings
16) Install new window coverings throughout 16-all windows
Total for all labor and materials.........................$51,480
Martin Contracting will honor this proposal for a period of 30 days,forth of this day,of March 13,2014.
Daniell. Martin James R.Laker
Thank you for your business!
139
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°ro"r CITY OF PALM SPRINGS
c4``F°"N%P COMMERCIAL - RETAIL PROPERTY
PROPERTY REMODEL GRANT PROGRAM
INTERIOR REMODEL GRANT AGREEMENT
THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into
this 24 day of March, 2014, by and between the City of Palm Springs, ("City"), and
Jaime Kowal the ("Owner/Tenant"). Collectively the City and Owner/Tenant are referred
to as the Parties.
RECITALS
A. City has established a Property Remodel Grant Program for Owners and
Tenants of commercial-retail businesses in the City of Palm Springs.
B. Owner/Tenant is the owner or tenant of a real property/business (circle one)
located within the eligible area at 140 W Via Lola, Suite 1101, Palm Springs,
("Property"), otherwise known as Ernest Coffee (building or business).
C. Grant Limitations. The maximum City matching grant shall not exceed $25,000.
Example: if the applicant's interior improvement cost is $50,000 the City Match
Grant would be $25,000. If the total improvement cost is $10,000, the City
Match Grant would be $5,000.00
D. Owner/Tenant has applied for a Grant in the amount of 25,000.00 to make
interior improvements to the Property as described in Exhibit "B," Scope of Work.
E. Owner/Tenant 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 $190,004.00, as shown
in Exhibit "D".
F. The City has reviewed the application, the evidence of financial participation by
Ownerlfenant, 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/Tenant the amount of $25,000.00 and
Owner/Tenant agrees to undertake the approved improvements, under the following
terms and conditions:
141
AGREEMENT
1. Property Ownership/Right to Undertake Work. Owner/Tenant represents that
it is the Owner/Tenant of the Property or holds Tenancy in the Property which
entitles it to undertake interior physical improvements to the Property.
2. Schedule, The Parties agree that all interior improvements shall be completed
within 90 days of the date of this Agreement.
3. Contractor. The Parties agree that Owner/Tenant has sole responsibility for
choosing and hiring the contractor, which shall be shown in Exhibit "U',
Contractor/Vendor Agreements, and the acceptance of the material used and the
work performed is Owner/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 City of Palm
Springs Business License.
4. Design Approval and Permits. The Parties agree that Owner/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.
5. Grant Limitations. The maximum City matching grant shall not exceed
$25,000.00. The estimated cost of the work proposed is $190,004.00, as shown
in Exhibit "D".
6. Evidence of Completion. The Parties agree that the City will release the Grant
funds upon the completion of the work by the Owner/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.
7. Release of Liens. The Parties Agree that the Owner/Tenant is responsible for
obtaining the release of any Mechanics Liens or other liens placed upon
Owner/Tenant's property by any contractor or subcontractor hired under this
program.
8. Maintenance. Owner/Tenant agrees and covenants that, after the City issues
its Certificate of Completion, Owner/Tenant 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/Tenant shall also maintain all landscaping
required pursuant to Property's approved landscaping plan, if any, in a healthy
Remodel Grant Program 3-23-10 2 142
condition, including replacement of any dead or diseased plants with plants of a
maturity similar to those being replaced. Owner/Tenant 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/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.
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
Economic Development Administrator
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Owner/Tenant: Jaime Kowal
1959 Jacques Drive
Palm Springs, CA 92262
11, Intearated 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.
Remodel Grant Program 3-23-10 3 143
14. Indemnification. Owner/Tenant shall indemnify and hold harmless, the City of
Palm Springs ("City') and the City, 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 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/Tenant certifies that
the above statements are true and accurate to the best of Owner/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.
Remodel Grant Program 3-23-10 4
144
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., PhD.
City Manager
ATTEST: APPROVED AS TO FORM:
By: By:
James Thompson Douglas C. Holland
City Clerk City Attorney
"OWNER/TENANT"
Date: By
Date:
Remodel Grant Program 3-23-10 5 145
EXHIBIT "A"
MAP
See Attached
Remodel Grant Program 3-23-10 6 146
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EXHIBIT "B"
SCOPE OF WORK
Complete renovation and combining two vacant spaces for active coffee shop and Tiki
Bar, including electrical, plumbing, structural additions, interior improvements and
exterior fenced patio.
Remodel Grant Program 3-23-10 7
148
EXHIBIT "C"
EVIDENCE OF APPROVAL
(PLANNING, BUILDING, ENGINEERING DEPARTMENT)
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 #
Community & Economic Development Eligibility Letter
Remodel Grant Program 3-23-10 8
149
O�PALMS.0
N City of Palm Springs
Community and Economic Development Department
k r 3200 E.Tahquitz Canyon Way • Palm Springs,California 92262
TEL: (760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527
C oRAi EO`q5
.Q �P Community Aedevelopmcnt Agcncy • Community Development Block Gram
11FOR0 Dmrncown Development • Lconoaw Development • Housing ' Public Art
Marc 2014
Jaime Kowal
1101 N Palm Canyon
Palm Springs, CA 92262
RE: Interior Remodel Grant Program
1101 N Palm Canyon Drive (140 W Via Lola)
Dear Jaime:
The City of Palm Springs has received your application for an owneritenant grant under
the Interior Remodel Program. Based on your application you are eligible for a
reimbursement grant up to $25,000.00 from the City following completion of the work.
The exact reimbursement grant amount will be defined in the Agreement once all the
supporting documents are received.
The next step is for you to obtain all necessary permits and approvals from the City's
Building Department. You may need to submit diagrams or floor plans showing the work
proposed. It is recommended that you check with the building department at 760-323-
8242 to determine what permits will be necessary to comply with the 2013 California
Building Codes. Please show a copy of this letter to the planning or building staff when
you apply for permits as evidence of your enrollment in the Interior Remodel Program.
All fees must be paid at the time permits are issued.
Once you obtain a permit from the Building Department; have a signed contract with
your contractor, you will enter into a Reimbursement Agreement with the City. To
complete the Reimbursement Agreement, please provide copies of the contractor's
proposal; a copy of their Contractors License and a copy of their City of Palm Springs
Business License. When the Agreement is signed you will be notified via email, mail or
phone. When you are notified that the Agreement has been fully executed you may
authorize your contractor to do the work.
When the work is completed you will need to submit proof of payment to the City for
reimbursement, as well as a signed job card showing all applicable inspections,
including final building inspection. If you have any questions or require further
assistance, please don't hesitate to contact me at 323-8175 or email
Cathy.Vanhorn(a)palmsprings-ca.gov .
Sincerely, J� / _�
U/ /' —
athy V.
orn
Economic evelopment Administrator
P.S. Don't forget to take some digital before and after photos and email them to us! 150
Post Office Box 2743 0 Palm Springs, California 92263-2743
EXHIBIT "D"
CONTRACTOR/VENDOR AGREEMENT
SEE NEXT PAGE
Remodel Grant Program 3-23-10 9 151
Sources &Uses of Funds
� g
� xdGMt
itoi>t'rjt ' tlse• Amount'
Renovation $163,789 y
Equipment $26,215
Architecture Fees $40,000
Professional Fees $2,500
Liquor License $28,000
Working Capital $15,000
Starting Inventory $6,000
Rent $4,053
Total Start Up Cost $285,557
152.
APPLICATION FORM
PAGE 3
PROJECT DESCRIPTION
Description of Requested Improvements: The maximum dollars per building square
foot committed by the City would be $30.
Complete renovation and combination of two formerly However, the $30/sf is reserved for high
potential dollars-per-square-foot projects,
vacant retail/office spaces into a vibrant, active coffee meaning major restaurants or clubs projected
to produce significant revenue for the City
shop and associated tiki bar. Electrical, plumbing, through sales taxes, property taxes and other
revenue. For projects that are general retail,
structual additions plus general TI on interior and the the maximum would be $10/sf. One criterion
to distinguish the types of spaces for one
addition of a 24 seat south facing fenced exterior patio. another would be whether Department of
Health review was necessary on the project.
Estimated Cost: $185.557.00 Another would be whether there were sewer
Is this your estimated cost, or have you connect fees charged to the project.
obtained a bid or estimate from an The maximum City matching grant shall not
architect or contractor? exceed $250,000 at a 3:1 ratio. Example: if
self x contractor _architect the applicant's interior improvement cost is
$1,000,000, the City Match would be $250,000.
For projects investing less than $1,000,000 in
(Please provide a copy of estimate total renovation cost, the City Match Grant
if available) would be$25,000 per commercial space.
Please see attached.
Amount applying for: $ 35,000
153
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: April 2, 2014
Subject: Special Economic Development Focus Incentive Area Program
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Public Notice will be published in the Desert Sun on
March 22, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Public Notice will be posted at City Hall, 3200 E. Tahquitz
Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk
and on March 20, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
�Lly��
Kathie Hart, CMC
Chief Deputy City Clerk
154
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262
760-778-4578 I Fax 760-778-4731
8� 59
State Of California ss:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000416693
1 am over the age of 18 years old, a citizen of the United —
Stales and not a party to, or have interest in this matter. I ND0472
p� NlAMNe
hereby certify That the attached advertisement appeared NOTICE r,�Pit
yCO1Rnos
in said newspaper (set in type not smaller than non panel) -� bFF 8P
in each and entire issue of said newspaper and not in any Fl1C08 pp Xe M
supplement thereof on the following dates,to wit: 111CCti
'R61ME IS HEREBY GIVEtJ that tiro Cfly,Coundl
Of dre City ot Palm Springs,Caldomla,will hob a
Newspaper: .The Desert Sun ic hearing at its meamg of Agd12,2014. The
CoaddlCh l meedrio begma et 6:00 up M. in the
Canyon way,palm spit al
rip.Hall,3200 E.Tehguhz
3/22/2014 .The Purpose of this hearing Is to consider approv-'
t"(2)Covenant Agreements under the$Pa.
Econonac Dave rare Focus Incentive Area
regrem.The Sppeeccial Focus Incentive Am Pro-
gram Is a 00111 n of several City incentives,to
create an Ind ment toredevapo vacant preper-
Clledtleveb assibit tangwsn aan�e u ie area,or spur
Pro)"in the area.
REVIEW OF INFORMATION: The sled report
and other suppomnp documents regarding des
I acknowledge that I am a principal clerk of the printer of matter are ava le iar pMNk review at Cly Hall
9 P P P between me hours of 9:so a.m. and 6:oo p.in
The Desert Sun, printed and published weekly in the City Monday thm+g9h Thursday.Please contact the is
Tice Of me Cm/ Clad ar(760).323-82 ityou
of Palm Springs, County of Riverside, State of California. �Y would like to schedule an appointment to mAsw
The Desert Sun was adjudicated a newspaper of general mass documents.
circulation on March 24, 1988 by the Superior Court of the COMMENTS: At the Public hearing arty Ison
County of Riverside, State of California Case No. may
Pr wllj tcoor elidgr all objectionsr'�mo or ny. The C
191236. any,to me Agreements. R nsa to this n:ice
may be made verbally at me public hearing amdor
In writing before me hearing.written cmmieres
MY be crude to the City Council by latter(for mall
I declare under penalty of perjury that the foregoing is true or hand delivery)to:
James Thompson,City Clerk
and correct. Execute on this 22ntl day of March, 2014 in 3200alm 9pdoga CC-92wey -
Palm Springs, ornia Any dsllenge of the propweu Pro In Court
limited to sed
at the Public heariig described only
those this i ,uas or In
Clark
at, th n blkleam9re (Go ft vernment
Code Section as00d�112D.
An opportunity will be given at acid hearing for all
interesled persona to be heard.Questions regard-
in ins Casa may be directed to Jahn Raymond at
/ Declara Signs e 1 (7B0)323-822e.
SI neceset ayuda con estapeCarrtaa,pouefavor llama a
Is
Ciudad
dine do P le Sp(7nW)323�6293.hablar con
1 Jams Thompson,City Clerk
Putelahed:3/12/t0
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
SPECIAL ECONOMIC DEVELOPMENT FOCUS INCENITVE AREA PROGRAM
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of April 2, 2014. 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 two (2) Covenant Agreements under the
Special Economic Development. Focus Incentive Area Program. The Special Focus Incentive
Area Program is a collection of several City incentives to create an inducement to redevelop
vacant properties, assist existing businesses in the area, or spur stalled development projects
in the area.
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.
COMMENTS: At the public hearing any person may present oral or written testimony. The
City Council will consider all objections or protests, if any, to the Agreements. Response to
this notice may be made verbally at the public hearing and/or in writing before the hearing.
Written comments may 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 project 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 Nadine Fieger telefono (760) 323-8245.
ames Thompson, City Clerk
155