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HomeMy WebLinkAbout3/19/2014 - STAFF REPORTS - 2.N. 40Icp ALM Sp, .y c u � cq</FOfRN`P, CITY COUNCIL STAFF REPORT DATE: March 19, 2014 CONSENT CALANDER SUBJECT: APPROVE GRANT AGREEMENTS UNDER THE CITY'S SPECIAL ECONOMIC DEVELOPMENT FOCUS INCENTIVE AREAS FROM: David H. Ready, City Manager BY: Community & Economic Development Department SUMMARY Review and approve Interior Remodel Grant Agreements under the Special Economic Development Focus Incentive Areas. 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. Approve the Special Economic Development Focus Incentive Areas Grant Agreements as submitted. 2. Authorize the City Manager to execute all documents related to the Special Economic Development Focus Incentive Areas Agreements. STAFF ANALYSIS: On July 3, 2013, the City Council adopted Resolution 23413 approving the creation of two Special Economic Development Focus Incentive Areas generally located along the major corridors south of Ramon Road and north of Tachevah Road, along the entryways into the Downtown and Uptown areas. On September 4, 2013, the City Council adopted Resolution 23433, amending the budget for Fiscal Year 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, assist existing businesses in the area, or spur stalled development projects in the area. The four types of investments that the City approved include: • assisting stalled vacant land projects ITEM NO. City Council Staff Report March 19, 2014-- Page 2 Interior Remodel Grant Agreements • renovating and repositioning major (larger or longer-term) vacancies as catalyst projects • creative uses of the Hotel Incentive Program for small, dilapidated hotels • extending the Facade Improvement and Interior Remodel programs for the area 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 six agreements are presented for approval. Three have completed their work and are ready for City signature. Three are still under construction and development. They are: • 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. • 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 2 City Council Staff Report March 19, 2014-- Page 3 Interior Remodel Grant Agreements 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. • 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, ready for signatures. Total expenditure: $61,002/Grant amount: $25,000. • 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: Incomplete, waiting for itemization of project work and copies of permits issued. Total expenditure: $200,000 (est.)/Grant amount: $25,000. • 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: Incomplete, waiting for itemization of project work. Total expenditure: $50,000 (est.)/Grant amount: $25,000. • 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: Incomplete, waiting for itemization of project work and copies of permits issued. Total expenditure: $57,148 (est.)/Grant amount: $25,000. The latter three agreements are presented as "Not to Exceed" the maximum amount, rather than a specific, verified amount shown in the first three agreements. If the amount of qualified expenditures is less than the maximum, the applicant would receive less than the maximum amount. They are included with the other in order for the Council to see the range and scope of the remodel activity under this part of the Special Focus Incentive Program. There are a number of larger applications that have been submitted under the Catalyst Vacancy Program, but the documentation and public noticing requirements for their approval requires that they be presented at the next City Council meeting. The Special Focus Area Incentive Program represents a significant commitment by the City Council Staff Report March 19. 2014 -- Page 4 Interior 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 $569,800.00. The City's match grant contribution totals $173,692.50. FISCAL IMPACT: Funding for the program is established by Resolution 23433; no additional funding needed or being requested at this time. The return to the City is in additional property tax, development fees and, mos importantly, additional sales tax in underperforming areas. ohVR �io d, Director Cathy Van m, Economic Development Administrator David H. Ready, City Maa Attachments: Program Application and Guidelines Agreements: 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 4 SPECIAL FOCUS AREA INCENTIVE PROGRAM COMMERCIAL— RETAIL INTERIOR REMODEL GRANT PROGRAM Application Application packet for the City of Palm Springs' Special Focus Area Incentive Program. The areas are generally north of the Downtown and Uptown Area and South of Ramon and along East Palm Canyon. Included are the Property Remodel Grant Program, the Fagade Improvement Program,the Hotel Incentive Program and the Catalyst Vacancy Program Applications. Community&Economic Development Department 8/21/2013 5 v` w- SPECIAL FOCUS AREA INCENTIVE PROGRAM The program is a collection of several City incentives to create an incentive to redevelop vacant properties or spur stalled development projects in the area. It "layers" several different incentives to get to a threshold that provides the necessary assistance. A single incentive program would not be applicable to every potential project in the area. However, this application packet is for four types of investments that the City may consider: • Commercial Fagade Improvement Program • Commercial— Retail Interior Remodel Program • Major Need-Based Assistance for Renovating Major Vacancies as Catalyst Projects • Major Need-Based Assistance for Assisting Stalled Vacant Land/Demo Projects • Creative uses of the Hotel Incentive Program for small, dilapidated hotels • Assistance with Public Works/Infrastructure Requests The Fagade Improvement Program is the smallest and simplest of the programs, with a match up to $5,000 for exterior improvements. Most interior renovations in the Program Area would be eligible for the Commercial — Retail Interior Remodel Program, with a match up to $25,000 from the City for a similar investment by the owner. The Major Need-Based Catalyst Vacancy Program requires that a building or single space be at least 8,000 s.f., have approved renovation plans, undergo a pro forma analysis by the City, and propose an expenditure of at least $1,000,000 — excluding the acquisition of the property. The Stalled Vacant Land Program requires that a development parcel be at least 5 acres, have an approved Planned Development District and/or Tentative Parcel Map, undergo a pro forma analysis by the City, and propose an expenditure of at least $10,000,000—excluding the acquisition of the property. The Hotel Incentive Program is an incentive program for the operation and maintenance of hotel facilities which enhance the tourist and travel experience for visitors to the city of Palm Springs, maximize the use of the city's convention center, provide attractive and desirable visitor serving facilities and experiences, and assist the city in achieving its tourism goals. Most projects assisted under the program are "qualified renovation programs," meaning a property improvement program undertaken by an existing hotel which invests no less than $15,000 per room in a single renovation project on the property. s ppLM SA . COMMERCIAL- RETAIL INTERIOR REMODEL GRANT PROGRAM C4[IF00.N�P The City of Palm Springs has established a Interior Remodel Grant Program designed to encourage the improvement and investment in retail 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: • Interior painting or wall covering • Window treatments • Flooring covering • Lighting systems • Ceiling tiles • Display cases (permanent) • Partition walls • Interior electrical to dedicated space Ineligible Uses: Grant funds may not be used for improvements that are not permanent or mounted or affixed to the interior of a building. Ineligible uses include, but are not limited to: • Exterior signs, vinyl letter signage (windows) • Portable signs, such as sandwich board or A-frame signs, signs not mounted or attached to storefronts • Flags or banners • Benches and trash receptacles • Tables, chairs, or umbrellas • Equipment (not affixed to structure), merchandise, supplies or products • Landscaping • Patios Eligible Applicants: Property owners or tenants located in leased or owned commercial properties in the Incentive Zone areas: South Palm Canyon Drive (and Indian Canyon Drive) between Ramon Road and Sunrise Way; with the inclusion of East Sunny Dunes and Industrial Place up to Palo Fierro; and, North Palm Canyon Drive (and Indian Canyon Drive) between Via Lola/Tachevah and Tramway Road (along Palm Canyon) and Tramview Road (along Indian). tyPLM S,p-. COMMERCIAL - RETAIL �qt pRN�Q' INTERIOR REMODEL GRANT PROGRAM Grant Amounts: 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, Process: Applications are available in the Department of Community & Economic Development and on the City's website. The application will ask for a narrative description of the project scope. The applicant will hire the contractor and is responsible for obtaining design approvals. The City shall provide some assistance in scoping the project and will reimburse the applicant for work performed, based on submittal of evidence of work performed and paid invoices. Contact Information: City of Palm Springs Department of Community& Economic Development 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Phone: 760-323-8175 Fax: 760-322-8325 Email: cathy.vanhornCctpalmspringsca.gov Mailing Address: P.O. Box 2743, Palm Springs, CA 92263 COMMERCIAL - RETAIL INTERIOR REMODEL GRANT PROGRAM APPLICATION ON NEXT THREE PAGES 8 I!, COMMERCIAL - RETAIL INTERIOR REMODEL GRANT PROGRAM APPLICATION FORM APPLICANT INFORMATION Business Name: Business Address: Applicant's Name: Address: Phone: Email: PROJECT DESCRIPTION Description of Requested Improvements: Please note that the maximum matching grant shall not exceed $26,000. The grant increases on a dollar for dollar basis up to the $25,000 cap. Example: if the applicant's interior improvement Cost is $50,000 the City will pay the match grant of $25,000. If the total improvement cost is $10,000 the applicant pays $5,000 and Estimated Cost: the City will pay a match grant of$5,000. Is this your estimated cost, or have you Amount applying for: $ obtained a bid or estimate from an architect or contractor? self contractor architect (Please provide a copy of estimate if available) 9 .:kj9ptM Sq 4WQ. " COMMERCIAL - RETAIL „dam + INTERIOR REMODEL GRANT PROGRAM C'4!/FONN�P APPLICATION FORM PAGE 2 PROPERTY INFORMATION FOR OWNER OCCUPANTS FOR TENANT/LESSEES I hereby certify that I am the owner of my I am a lessee/renter of the space for which business property. The property is I am applying for a Interior Remodel Grant. vested (owned) under the following name: The owner of the property is: Property Owner Legal Name: Contact information for the property Contact Information: owner: Remaining years on lease term: Assessors Parcel Number: Assessors Parcel Number: PROGRAM BOUNDARIES Businesses located in the following areas: South Palm Canyon Drive (and Indian Canyon Drive) between Ramon Road and Sunrise Way; and North Palm Canyon Drive (and Indian Canyon Drive) between Via Lola/Tachevah and Tramway Road (along Palm Canyon) and Tramview Road (along Indian). 10 Q COMMERCIAL - RETAIL Cq<IFORN�p INTERIOR REMODEL GRANT PROGRAM APPLICATION CHECKLIST All applicants must provide: ❑ Application (Completed and Signed by Applicant) ❑ If incorporated, evidence that applicant has authorization to apply for program ❑ Verification of Property Ownership, if owner(Title or Deed of Trust) ❑ Evidence of Tenant's Right to Make Improvements, if tenant or lessee (Signed) ❑ Description of Scope of Work ❑ Estimate or Bid, if available ❑ Copy of Valid Palm Springs Business License (Applicant) ❑ Copy of Valid Palm Springs Business License (Contractor hired to perform work) No assistance may be provided for any contract awarded before the application is approved. Once the application is approved by the City, the applicant must provide the following: ❑ If applicable, evidence of required permit approvals from the City of Palm Springs ❑ If claiming cash match, provide verification of funds availability(loan agreement, canceled checks, etc.) I hereby declare that the foregoing information is true and correct to the best of my knowledge. I authorize the City of Palm Springs to verify the information to determine my eligibility and to conduct an inspection of my property. I understand that as the applicant I will hire the contractor and am responsible for obtaining design approvals. I understand that the program provides that the City will reimburse the applicant for work performed, based on submittal of evidence of work performed and paid, and that the City will not pay contractors or vendors directly. Applicant Signature Date Mail or deliver completed application with copies of required documents to: City of Palm Springs Department of Community& Economic Development 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262 Fax 760-322-8325 or email to cathy.vanhorn(a)palmspringsca.gov Mail to: P.O. Box 2743, Palm Springs, CA 92263 Any questions please call: 760-323-8175 or 760-323-8259 11 p F.LM S �0 S. _ a V N '° ••no,4 "" CITY OF PALM SPRINGS c4«FOR109. COMMERCIAL — RETAIL PROPERTY i' PROPERTY REMODEL GRANT PROGRAM i 1 i E INTERIOR REMODEL GRANT AGREEMENT r i THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into I this 51" 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. Ownerffenant 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: 12 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 i 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. 8. 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 OwnerlTenant's property by any contractor or subcontractor hired under this program. 8. Maintenance. OwnerlTenant agrees and covenants that, after the City issues its Certificate of Completion, OwnerlTenant 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 13 i condition and repair, and shall keep the Property free from any accumulation of debris or waste materials. Owner/Tenant shall also maintain all landscaping p 9 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 I notice, public hearing, and other requirements of the public nuisance laws and i ordinances of the City that would otherwise apply. I f MISCELLANEOUS PROVISIONS I 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: 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. Severabilitv. 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 14 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 j 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. Ownerfrenant 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 15 i IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" City of Palm Sprin s Date: /( / ?Z[ /3 By: ACZmun t conomic Development Date: ( r, co unity&Econ Development Date: David H. Ready, Esq., City Manager ATTEST: APPROVED AS TO FORM: By: By: K James Thompson Dougl s C. Holland City Clerk City Attorney "OWNER/TENANT" l � Date: ( ( �/ By : Date: Remodel Grant Program 3-23-10 16 I EXHIBIT "A" MAP j See Attached I i t Remodel Grant Program 3-23.10 17 Northern •n - Special EconomicDevelopment A a Z tta t-NQrNlent SnQo+ ._.. Spe;ilE<a+avucoerelotxnencFauslPcenwePraglam Ara z > yo sr IWGWndvw � � y \ a i c°v Ywruru i kflaryxetfb.Q tM , t xr Pak YatauPo OD f,Y1Slk@MR +l ,F{F14CFra k�ywCtsiw PfPrx.QQPo nnUH T{ r151{C�PdP - `1� VV1lLl35 g�g nk ur,;cr s Vim[ 1 PALM rtd w. nia SPRIN65 �PgvtkP .: ytr8e;oltd IaPR; H VW" �d�^4 r rmub.n : R sxa:a aa�Yee:esvgt. ,.. �� SILIw x,v PMsnl4>q+lar{p•rygIR�LLP YPQP-11t;PtAR�IaM, _ Sy;e d. y i a,. MSP Mta.CaolT,�i- Go Q Buxton i i i EXHIBIT "B" I SCOPE OF WORK i Removal of wallpaper, refinish walls, new ceiling tiles, new carpet, new installed fixtures, new light fixtures. i i � I i � I Remodel Grant Program 3-23-10 19 i EXHIBIT "C" EVIDENCE OF APPROVAL (PLANNING, BUILDING, ENGINEERING DEPARTMENT) i 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 i Remodel Grant Program 3-23-10 20 OFQA`/0 a c City of Palm Springs " Community and Economic Development Department * 3200 r.7ahquirc Canyon Way • Rdm Springs,Catifomiu 92262 �c x TEL (760)323-9259 - FAX(760)322-h325 •"1 DD p60)tlM)�Z7 C, °AeoysP ` (':nnrmuniry Rede.clupmcnr egcoiy Gnnmuniq Uc�xl opmrnr I.il°ik Grnoc OR� \ps\{YVy_ Oa.vnroc"n Decelupmam Leona.ni: n...... Pn blir rlr. {i i October 30, 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 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 i 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 Y p 9 P 9 our contractor, you will enter into a Reimbursement Agreement with the City.Y rY . To 9 Y 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.Vanhom0palmsorinas-ca.gov . Sincerely, at Va oinw v Econ�evelo ment Administrator P P.S. Don't forget to take some'digital before and after photos and email them to us! Post Office Box 2743 • Palm Springs, California 92263-2743' 21 j EXHIBIT "D" CONTRACTOR/VENDOR AGREEMENT i SEE NEXT PAGE i I I Remodel Grant Program 3-23-10 22 Restaurant PC East, LLC i i Description of interior work for 292 E Palm Canyon Dr—Palm Springs CA 92264 f� 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 3 , 000 00+. 6 , 000 , 00 + 2 , 200 •`Q0 + 240000 . 00+ 4a000 . 00+ 1 + 500 . 001- 6 . 600 . 00 + I; 7'. 1 00 = 00+ 1r+ 2.00 00+ 7.> 20.0 . 00 + 3-+ 200 • 00 + 60 + 000 • p* + " � 3 I i i t 'I Foam Bond Corporation Invoice No. 13-075 255 N.El Cielo Ste. 140-656 Palm Springs, CA 92264 INVOICE Customer Misc Name Rand Howell Date 10/25/13 Address 292 E. Palm Canyon Dr. _ Order No. 13-075 City Palm Springs State CA _ ZIP 92262 Rep Alex Chuo Phone (562)857-2300 FOB 17Q Description Unit Price TOTAL_ Tearoff(on A/C pit and on Building 2)/Spray over on rest of Building 1. $11,424.76 $ 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 j i SubTotal $` '11,424.70 Sill in Payment Other Tax Rate(s) Total-Deposit=Subtotal:$12�694.90--. Comments $1270=$11,424.70 TOTAL $ 11,42470 Name CC# Expires Warranty:5 years on materials and labor of installation date(10,24113). The warranty is renewable at the end of the farm. In the case of another roofing contractor besides Foambond Corporation performs any work on the rootat the noted address, the warranty is therefore void. 24 S CAR PETS oice 1117 L Artesia BNd. m i Low $each, CA 9fl875 owrE wvm;E : IAfdllIC33 37416 j i,9-7-36-b2128 809-573-1444 ' fax- 5b2 428-4�S5f3 .. art}+ wive �tv tu�geitfr I trmis�F aid r`rs3/e/1 P sa es i 'r7 Card a r 2oze aal X! ` 6-3, Trip C%aw ` tf t { E� IIWIIKyOUFOR roamsCOATINUFOSL,P =oar!! Total XAMMOo. 25 ON OUR AIR CONDITION►NO&NEAT►Nr Always Oa yAda...Or YM DWI PayADhw i Addendum to Proposaltt j Customer Name Work Order �'� .,!'f'✓r(", „j15�� Date /i Address i ,. .S City State Zip 12 tom/ Home Phone Cell Phone Email We hereby propose to complete as specified the following. 4 , ��7 - � �r%l ir'eE"r- l/Cj' r--�G����/Y4rir �/�C�l'"✓ AWC - hi� iLtl<fdj 'c!f✓, :fleEcl ':;A,? ell, Ot 2 'r 4. I L -Y • r�� �.J�yCj j! IC .+` v�IiL'YZIr��+ Home Phone i„ '' DEC Cell Phone Email We hereby propose to complete as specified the following: ,rlifir"�'' � '!/: 7' ` ,.��fi^3f ,/�/, .✓%�l/%1r<' /�Gz=Y1�"' fJ�✓ f'u,�` { ar r r i r_ c'/� _or �s�.. �i �`l>Uc, .1r1 G�1 ;7�+�,� r «/h-�'>rrr_ < I J ,��- ;>~.'u'�"r i��' �?%.%? _.:.1. . ,llr_ .Gr. , i �� t .Cl%�Ci/�'•!_ 1/'v��.=lr/ r i '�:'G `G�7 ' ,✓�'/L` .Gt,�'�i: '�li� � �i��` z y�/� c�f"4�,Ji,G,� 5=1.C' r 'ir ' . '( I �,✓ 'COY �l � ir-svr -t-Ff,'•d �l'.'�"� ! �/2/fij�"/ _ r r _ r 7�a For the sum o' $ v ceptance: .1\ uthorization: �� i <l�f r Date. :U n, CUSTOMER _l .COMPANY .. Notice to Buyer:You the Buyer,may cancel this transaction at any time prior2o -the midnight of the third business day after the date of this transaction.See tfie - .3-4.11.(Rev)®Clockwork Home Service, Inc.All Rights.Reserved. attached notice of cancellation.form for an explanation of this right' _ 27 J & B MFG. 4075,Arcadia°Lane;#A2 Bullhead City AZ 86426 t (520)7-04-0-1 f1-- Fax ( 9j�f14 0915 CUSTOMER'S tg ORDER NO. � f �4, I ---L___ ��I� DATE ...NAMED ADDRESS �� E OUAN - DESCRIPTION PRICE AMOUNT I , l SUB TOTAL 'S D&1 All claims and returned goods MUST be accompanied by this bill TOTAL . RECEIVED BY 0a � 5� 28 *P ALL M Spy iy c V N a........`P CITY OF PALM SPRINGS 4`IF IL 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: 29 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", 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 $26,0000. 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 OwnerlTenant'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 30 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 31 Remodel Grant Program 2014 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. 32 Remodel Grant Program 2014 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" City of Palm Springs Date: ` y By: 7 Communit Economic De v lopment Date: By; Irect , Co&unity & Economic Development Date: By: David H. Ready, Esq., PhD. City Manager ATTEST: APPROVED AS TO FORM: By: By; James Thompson Dougl s . Holland City Clerk City torney "OWNERITENANT" Date: Z -2,V' By . Date: Remodel Grant Program 3-23-10 33 EXHIBIT "A" MAP See Attached Remodel Grant Program 3-23-10 J 4 Southern • Area ' Y j LCYYIhY n [upm 8 + ♦ ig tvrowt* S^oOV.W CerNn'Y Sd• t4.s!o�sY n � ��• I, � -Ne1M tYMeR1 �INaY AI YIi T0A1CCLUB LSav�.nb TINO'S + .SAIL 10 P�mp/(gr 8 � 4 $ $ Q wxnaw r q.+mb fAYmn Ad Tama Ad IPnA.01y ERr.mw 2 [LrwDwb �.+y.y Os.nb i Sntrnb ]rt.M y q M YwnE.p YP..r.[nP Ir! EA�dp N .n LUAupM L L.ftd IF♦^. Awelert lYe4+n lw FY4rPM AeTA F.YrHeM YAWu YIY A [cwb abu Loc.�[.e4 � CC ip -. 6 M • r Y � LF '1 b [[ 1 D Wary � n GrWN 4$ gL u • 7 b ESTATES w..b A ww..b d N mro.A �xna.rm= 3 .Y I [P.A..Ci.1.1.IS. hCob,M Yot [iA Yw E q umNft i 3 "R lA p Yr All � tY.a,.,T. PQ SEE N: u'9r caw nr iy N y4 �t` T{ yTa �•�' .�Y.rw iae.nr 4�, °ry4 V 4 ! y A IF.""YMYF..[iawp Ya.4rA OMl1 M'p1 w CA © BuxEon 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 fin. Ft. of display walls. Install new electrical outlets in the display walls Apply film on the storefront windows Remodel Grant Program 3-23-10 36 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 37 O�?ALMS A. - City of Palm Springs Community and Economic Development Department 3200 E.Tali uicz Cao ay on W • Palm Springs, 9 2 4 Y 1 California ) 262 ' Leo""oxn.Eo•' * TEL: (760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 F�R��Q' ommunkv Kede zfopmenc Agency• Convnunny Development Blxk Gran, CDowntown Develapmen,• Emnarnic Development • Housing • 11ubhc Art Febr 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 Cathv.Vanhorn(cDoalmsprinos-ca aov . Sincerely, a y a orn Economic evelopment Administrator 38 P.S. Don't forget to take some digital before and after photos and email them to us! Post Office Box 2743 0 Palm Springs, California 92263-2743 EXHIBIT "D" CONTRACTORNENDOR AGREEMENT SEE NEXT PAGE Remodel Grant Program 3-23-10 39 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). 40 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 41 DOLLAR PLUS 555 S.PALM CANYON DRIVE SPACE N311 PALM SPRINGS,CA. 92264 INTERIOR WORK Remove existing floor finish 5400s.f $ 1.00 $ 5,400.00 Apply new epoxy floor finish 5400 s.f. $ 2.00 $ 10,800.00 Paint all interior walls 38W s.f. $ 0.80 $ 3,040.00 Repair and/or replace reflctive 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 Construct 200 lin.ft.of display walls(not to ceiling) 200 lin.ft. $ 40.00 $ 8,000.00 Install new electrical outlets in display walls 40 ea. $ 80.00 $ 3,200.00 Apply ultraviolet film on storefront windows $ 5,280.00 SUBTOTAL $ 48,734.00 CONTRACTOR OVERHEAD @ 8% $ 3,899.00 CONTRACTOR PROFIT @ 8% $ 3,899.00 TOTAL $ 56,532.00 42 e ALM Sp4 iy c V N b9.Rv, ' 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: 43 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", 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 $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 44 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 A ainst Discrimination. Owner/Tenant covenants that b g Y and for itself, its heirs, executors, assigns, and all persons claiming under or through h t em, 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 45 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 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" City of Palm Springs i Date: By: (� om y Economic De lopment Date: 2�7iS " / By: Directo , C m unity & Economic Development Date: g David H. Ready, Esq., PhD. City Manager ATTEST: APPROVED AS TO FORM: By: By; James Thompson Dougl . Holland City Clerk City orney "OWNER/TENANT" 00 Date: ca Z`f, �t W By ; Date: Remodel Grant Program 3-23-10 7 EXHIBIT "A" MAP See Attached Remodel Grant Program 3-23-10 48 Map 2 Southern Focus Area �irr„ < ya(Cp ie4u ; wrWxnel I MNm..M r..a a.Ya ,••, "` U•vrr Mtl IN.aP '. i N CG.F I.N " N�ryxr L r ayffi$ [P.x.ar'� XTCEYCfC pi ..w+wM �.... .- s5 nprvc.i !\RIf TO ttlwM`w• 4 S t} q 8 4 R..[Mnp c .E;< wNwrb ER�non RJ EPlntdl RO ERfINNt Rtl EPy Rf ERIIRORRI d y 6 f V t � O a.rl..b snl�..b v NIMwf4p NMeraYr6 'i sR+.ro swr.vwo- � s.rr lswr!•M sstaw.b f Mu1.Y.Fw EWWrw..w FINpr•..w u.rwur TAQ lRE Efi w OM..eY la • nt $+t arn.o unrfa ' En �gg a „r � b'�i.! Wapb � i p )■■) MMt�y * �' � Y yy ; lxv.•b y} smrnb V V 4 �, . E E boIPWILL E TTAT rl a. ,Sii sw.b soew.b i'�' j� Im., [tiYtCIwN,4 FferfR Ixm.w 00 tF' Tuf "EvI l !•rh •i'J l! V ! r..w4b 3 '•Q)..0.1, ' \{7. fllNrr.t '7j MP yy 9 g x] � 1...0„4 i FY..a,P lw 9 FQ Q i V fl4 (r.Nwr ln.s•.ry a dix� l.q. y, rbxRe oy O, 4 N uYiPY (Al��' Q � � ; � $ .�<i��sN u.ryN<.r•• 11 Y O .!q WfFf I� U) C 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 50 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 51 ppALM Sp -P- City of Palm Springs Community and Economic Development Department 3200, E. Canvom Wy Palm Sp i, TEL 601 2z r S > r enox»co.''a ( 3.- S_59 • FAX 6li'. >2_ 3—� TDD (1 <ii'- C,'4ZI F�{t Dec er27, 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 PPinspections,all a licable 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 Vanhorn@,paimsprings-ca aov . Sincerely, Cathy6anHorn Economic Development Administrator P.S. Don't forget to take some digital before and after photos and email them to us! 52 Post Office Box 2743 0 Palm Springs, California 92263-2743 EXHIBIT "D" CONTRACTORNENDOR AGREEMENT SEE NEXT PAGE Remodel Grant Program 3-23-10 i 3 . 299 . 00 + THE NEW YORK COMPANY, INC. 1 - 600 . 00 +7 ?0 . 0 0 + 1260 South Palm Canyon Drive 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 - S 0 0 • 0 0 + Economic Development Administrator 3 - 500 . 0 0 + City of Palm Springs 2 , 500 . 0 0 + 3200 E. Tahquitz Canyon Way 5 . 000 . 00 + Palm Springs, CA 92262 3 3 - 0 0 0 . 0 0 + 2 . 500 . 00 + DearMs. Van Horn: 2 - 0 0 0 . 0 0 + The following projects relate to the application previously submitted 6 1 , D 0 2 • 0 0 * + under the Interior Remodel Program at The New York Company Resta 61 , 0r' 2 . OD - -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 - 5 5 0 • 0 0 + -Painting of Restaurant Interior $1,500.00 1 , 5 0 0 - 0 0 + -Security Alarm System $ 533.00 5 3 3 - 0 0 + -Drop Drape Between Bar and Dining Room $1,800.00 i - 800 . (. + -Sound System $3,500,00 3 - 5 0 0 0 0 + -Acoustical Ceiling $2,500.00 -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 . 33 000 . o 0 + -Patio Heaters $ 425.00 2 - 5 0 0 . 0 0 + w Table Umbrellas $1,800.00 2 , 0 0 0 - 00 + -Purchase of Restaurant& Bar Equipment ' $33-, 0 - 0 0 * + -Upright Freezer $2, .0(''. -Kitchen Grill $2,000.00 Please let me know if I can provide you with any additional information with respect to this application. Sincerely, N it R. Castren Owner 54 4�E ?ALMS,. .y V N CITY OF PALM SPRINGS °q<IFoa `P 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 Ownerfrenant 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 $200,000 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: 55 AGREEMENT 1. Property Owneshi /Ri ht to Undertak e Work. Ow ner/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. The estimated cost of the work proposed is $200,000 as shown in Exhibit "U'. 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 r J6 Remodel Grant Program 3-23-10 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 57 Remodel Grant Program 3-23-10 r 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. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Owner/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. 58 Remodel Grant Program 3-23-10 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: 59 Remodel Grant Program 3-23-10 EXHIBIT "A" MAP See Attached 60 Remodel Grant Program 3-23-10 • p 2 n Focus rn.. • • Y RNM•N 111• lNwl.•b WMEwN d + f NwR•N " LNmrb tNe•r~[t'.Ir.RT. � Iu1wrH f EG"lMY 4rvw1 " a spy _ .R,Yd to C. A !h eniToan (fff E •ryMH L b lwweN �. HISTORIC Yr.Oprg Cmbrl6Rr•rrR1Y tYurMob 1 LwwRb TIME CEYM 1 rRRr.Gf EEEIETO PYrI. 6 � 8 RNnGIY : 1 Q gMMeP E IVII�Ed EhMHMIME .. EI1IMupHME E MHbnME EH"IIOO ftl t41.N H BE u..awP 8 g 8 ' i SrtRnN S•n 1.'.ub O•r<IOn..b. ; � � 8{y NNw.sp V S M M1Sr.yP S RwrRbU YAaryy6 Z ••tt�� � G tnls..nN LrlarRrreb 9 T. LLMIPRtM fm yW CW„RR t •�. YYHeU tippYYIT! ELltpr<. Gp.O [iiATEi EGNrN ; g OYamIP 1 .k r- d y b EES TATEiL ja ■n wvN suw<Pe'... E U.•.O.twJ � jJ � 4 a i sR•Rrt• a • R T10 611a; EPYn OryEpQ ExaMM L..m.P THEEd'JA ESA i NN•nA +o.r..lM G [ �rin; g4 f. 0�...t�r trlpy MYP L p {f tl� DR uH•ran My PYnr Svrn 3Q)i F•NrwV M1U p f Aq� r. EIS iRR.,,_ c+nwm� GeL..ro �;1 Mya tlr«<Ma °t 9',. cu+n n.r �"pe N IV 4 M § Y Mawq YGu.r.y.tw TT rT " Har•Rr CiOfi O:YT11 H 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. 62 Remodel Grant Program 3-23-10 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 63 Remodel Grant Program 3-23-10 �O PALMS.* 01, City of Palm Springs N Community and Economic Development Department • ' 3200 E.Tahquicz Canyon Way • Palm Springs,California 92262 TEL: (760)323-8259 • FAX(760)322-8325 • TDD(760)864-9527 a C °q°oaateo' + 4<<FO RN�P Community Redevelopment Agency • Community Development Block Grant Dwvntown Development • Economic Development • Housing • Public Arc December 10, 2013 Costa Nichols 611 S. Palm Canyon Drive 2885 0 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 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 palmsprinos-ca gov .. Sincerely, � V 64 Cathy Van our Economic evelopment Administrator P.S. Don't forOPt fn fnlrm enure .1;-4_1 EXHIBIT "D" CONTRACTORNENDOR AGREEMENT SEE NEXT PAGE 65 Remodel Grant Program 3-23-10 'I iy c V N °b• CITY OF PALM SPRINGS o4<<FORN% COMMERCIAL - RETAIL PROPERTY PROPERTY REMODEL GRANT PROGRAM INTERIOR REMODEL GRANT AGREEMENT THIS REMODEL GRANT AGREEMENT (the "Agreement") is made and entered into this 11th 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 $50,000.00, 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 66 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 $50,000.00, 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 67 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. 68 Remodel Grant Program 3-23-10 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. 69 Remodel Grant Program 3-23-10 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: � J Remodel Grant Program 3-23-10 EXHIBIT "A" MAP See Attached 71 Remodel Grant Program 3-23-10 i�,[t �p wU w`N' ary rNN 0 N ul ay■ T�^N^�r'J N b "D� ' ; wu sN+p Wk1«v, A�` °�M'n" • a"�v w'1 '•^^* e:d �"`bS NXre P � 6 W d w4"•�Nl 8 � 'Nw.aNn dp [ 6 � � INW t! 4 � Y1N�a• Wean f d =tj � 6 nM ^Y Wv+w s.wwr 5 S 41i V NpNI ll „ pg le•{•tu aNw�w3 cj W'� ♦rfi d�ac�W 4 }' r W•Nn�.r1 � � tlp � L Y)lYltl +�� �,rorxm; dg rcw4 w d 9 w ro�«wR ✓7 � Wr 333rdt{O W s aa ss {W°•Wil] { 'Or ' un•.+rro fi Jl} S sjlrasl W nil W ] 311110Y1 W+w1rM13 W MBaM 3 W N•NNN l wl rrv" ry t i d (1 � 4 lf�l '. V+I+NWN VY41WN � � L ¢kWr�"'U�rro Wrra„mrq yna9w•S PYYru„t3 pM"rYJ J E PYY"W3 AY4rMtl7 PVVWMN3 4 a�ws.N PY,wrY3 WwNtNr 8 r mod'. O1tWYs sgMrWl ( t sill* W O1M"wtPi *IYOI'aIM WwrFi NM'Ml WaW MNJYN,yI We MNi M Wv✓J MrMOYi W WrN3 Mpq"p 9riNN,,.yt ��aYW .M`11rJ1 8 rM.h(IPe x WN�NRIl MM"N') ft N l a WreMN) 3 'r. £ w,b W�rrrAi tlll p WMwM• 1 � F , N • • d • 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 'l 3 Remodel Grant Program 3-23-10 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 74 Remodel Grant Program 3-23-10 - O�pALM sp4 -2 City of Palm Springs Community and Economic Development Department * 3200 E.Taliquitz Canyon Way • Palot Springs,California 92262 TEL:(760) 323-8259 • FAX(760)322-8325 • TDD(760)864-9527 �Roa RPtEO\�o C, I \P Community ftedevelopmen[Agcncy • Cummuniry Development Block Grant FOR ➢owntown DevelnFroenr • Economic Development • Honsmg • public Art 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 Cathy.Van hornCtilaalmsorings-ca gov . Sincerely, jjjjj Cathy HO/m�v `— Economic Development Administrator 75 P.S. Don't forget to take some digital before and after photos and email them to us! EXHIBIT "D" CONTRACTORNENDOR AGREEMENT SEE NEXT PAGE 76 Remodel Grant Program 3-23-10 ' BALM S.o {OF '°may c V N - °�••t CITY OF PALM SPRINGS Cq<IFOR 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: 77 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", 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. 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 78 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 79 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 80 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: B B Y� Y: James Thompson Douglas C. Holland City Clerk City Attorney "OWNER/TENANT" Date: By : Date: Remodel Grant Program 3-23-10 g 1 EXHIBIT "A" MAP See Attached Remodel Grant Program 3-23-10 82 Map�.Northwn Secdan t Northern Section - Special Economic Development Focus Incenti e Sp.cW&nwrwc DevNga«+n F««h,cerwi F4opun AreY q� r Fi u.ni 9 a a e, a w s..arNn, rs....rwa _ sz� eewm �r i WIW Al � ` }.wuuM,r Pb t [ NYO. VCIAII [11RplI Q101w vv 4 _ uenr.oW bMYMI � �3Mu W .�..ww [VYy[ll.p � [Vba•Mrc Y Fwp.Gnr- C�1 rvroi ttro ef,t.n.w wsni � ue e� i w ter 1Mi''O1 .0 ao.es y a Peuus a ELM PALM A *� SPRINGS [w'M P N +_— aYNVNn t3Ur2 ipgw�OMeL TF•egeM � 51 A M.wel YS�w P,eN.tweO,e..er4N[spn M _ N.P M4.1011 Uwyt. W W EXHIBIT "B" SCOPE OF WORK Drywall, painting, flooring, tile, permanent seat/booths, restaurant equipment and permanent lighting fixtures. Remodel Grant Program 3-23-10 84 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 85 ��Q P A L M Spy h � City of Palm Springs c Community and Economic Development Department * * 3200 E.Tahgnia Canyon Way • Palm Springs,California 92262 TEL: (760)323-9259 • FAX(760)322-8325 • TDD(760)864-9527, R ORpiEO i NAP Community Redevelopment Agency • Community Development Block Grant IFOR Downtown Development • Economic Development • Housmg • Public Art Febru 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 Cathv.Vanhom(cD_palmsprinas-ca gov . SincerelyAya ! (, JY)oq n 1 V —'—" Economic Development Administrator P.S. Don't forget to take some digital before and after photos and email them to us! 8 6 Post Office Box 2743 • Palm Springs, California 92263-2743 EXHIBIT °D" CONTRACTORNENDOR AGREEMENT SEE NEXT PAGE Remodel Grant Program 3-23-10 87 78 Degrees at the D itemized list of renovation work already done: 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. 88 ■ 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 89