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HomeMy WebLinkAbout2006-04-19 STAFF REPORTS 2E OFppLM Sp? �2 V N * k C k kaFAiEO Fe, % c441FORe*P CITY COUNCIL STAFF REPORT DATE: April 19, 2006 CONSENT CALENDAR SUBJECT: AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT BETWEEN THE CITY OF PALM SPRINGS AND DESTINATION RAMON, LLC AND REIMBURSEMENT OF PUBLIC ART FEE IN THE AMOUNT OF $79,621.37 FROM: David H. Ready, City Manager BY: Community & Economic Development SUMMARY The developer of Destination Ramon, located on 5601 Ramon Road East, submitted a proposal to the Public Arts Commission to purchase and install artwork and seeks reimbursement of the Public Fees paid on the project. The developer, Destination Ramon, LLC is requesting reimbursement of $80,000.00 for the artwork purchased and installed on the site. The actual permit fee paid is $79,621.37, which is the amount to be reimbursed to the developer. RECOMMENDATION: 1. Adopt Minute Order No. to Approve Agreement of Placement of Artwork on Private Property and Grant of Easement between the City of Palm Springs and Destination Ramon, LLC and Reimbursement of Public Art Fee in the amount of $79,621.37 2. Adopt Resolution No. A Resolution of the City Council of the City of Palm Springs, California, Amending the Budget for the 2005-06 Fiscal Year. 3. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On December 16, 2004 the Public Arts Commission approved the developer's application to purchase and install artwork as part of the development project known as Destination Ramon, located at 5601 Ramon Road East. The artwork consists of two n Item No. L. E. City Council Staff Report April 19, 2006-- Page 2 Agreement for Placement of Artwork and Grant of Easement stainless steel rings, the outer ring being 16 feet in diameter and the inner ring 13 feet, fabricated by artist Douglas Hyde. The stainless steel finish will be sandblasted to produce a matte finish. This is the artists' adaptation of a "Cahuilla Arrow Basket Design". On March 23, 2006 the developer submitted a request for a reimbursement in the amount of $80,000.00 for the costs of the artwork. The actual permit fees paid and amount eligible for reimbursement is $79,621.37. The reimbursement is consistent with Public Arts Ordinance No. 1479, Chapter 3.37.130, "Procedure for Refund of Public Arts Fee for Artwork-in-Lieu of Fee" and the Public Arts Commission's recommendation of approval on December 16, 2004. In accordance with the Public Arts Ordinance No. 1479 Chapter 3.37 the artwork meets the criteria's under Section 3.37080 (a) Art Site Acceptability; an, Section 3.37090 (a) Criteria for Artwork Selection. FISCAL IMPACT: Finance Director Review:� There is no impact to the General Fund. The reimbursement shall be paid from the Public Art Account#150 30-4408-50015. Wohn a and, Director of Community Assistant Pity Manager co is Development Cathy Vp'n Horn, Economic Development and Public Art Administrator s % David H. Ready, City I ac ger Attachments: Minute Order Resolution Amending Budget Agreement for Placement of Artwork on Private Property and Grant of Easement iy 1l`1q-P,� MINUTE ORDER NO. APPROVE THE AGREEMENT FOR PALCEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT BETWEEN THE CITY OF PALM SPRINGS AND DESTINATION RAMON, LLC AND REIMBURSEMENT OF PUBLIC ART FEE IN THE AMOUNT OF $79,621.37. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute Order approving the Agreement for Placement of Artwork on Private Property And Grant of Easement between The City of Palm Springs and Destination Ramon, LLC and reimbursement of Public Art Fee in the Amount Of $79,621.37, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 191" day of April 2006. James Thompson, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR FISCAL YEAR 2005-2006 WHEREAS, Resolution 21283 approving the budget for the fiscal year 2005-06 was adopted on June 8, 2005; and WHEREAS the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ADDITIONS Fund Activity Account Amount 150-Public Art Specialized 150-30-4408- $79,621.37 Equipment 50015 Purpose: To amend FY 2005-06 budget SECTION 2. SOURCE Fund Activity Account Amount 150 Public Arts Public Arts Fund 150-2-34390 $79,621.37 ADOPTED THIS 19" day of April, 2006 David H. Ready, City Manager ATTEST: James Thompson, City Clerk Resolution No Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on April 19, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF PALM SPRINGS City Clerk P.O. Box 2743 Palm Springs, CA 92263-2743 Space Above this Line Reserved for Use by Recorder AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AND GRANT OF EASEMENT This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY AND GRANT OF EASEMENT ("Agreement") is entered into as of , 2006 by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and Destination Ramon, LLC ("Owner"). RECITALS: A. The City has established a Public Art Fee Program which authorizes the placement of works of art on appropriate private property which encourages public access and viewing of the artwork. B. Under the Public Art Fee Program, artwork may be provided or an "in lieu" fee may be paid. C. Owner desires to commission a work of art and have such work of art placed on its property in accordance with this Agreement and the City of Palm Springs Public Art Program as established by Chapters 2.24 and 3.37 of the Palm Springs Municipal Code ("Public Art Ordinance"). NOW THEREFORE, to comply with the requirements of the Public Art Ordinance, and for good and valuable consideration, the parties hereto hereby agree as follows: 1. City Representative. The City of Palm Springs Public Arts Commission, an agency of the City ("Commission"), shall be the City's designated representative with respect to this Agreement. Under the direction of the City Council, the Commission shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement. 2. Agreement to Commission Work of Art. Owner has commissioned a work of art described as Cahuilla Basket, and shown on Exhibit "A" (Artwork). Owner is solely responsible with respect to the contract entered into for the commissioning of the. Artwork ("Contract") including responsibility for all payments to be made thereunder. 3. Duties of Owner. The Owner is the master lessee certain property ("Property") generally known as the Destination Ramon Shopping Center, as shown on E=xhibit "B" ("Site") attached hereto and incorporated herein. The Owner has agreed to permanently locate the Artwork on a portion of the Owner's property which portion is generally depicted and described as the Site on Exhibit "B". Owner shall provide for the installation of the Artwork on the Site at its sole cost and expense, including, without limitation, constructing any improvements necessary for displaying the Artwork. 4. Default. (a) Cure Rights. In the event of any default or breach of any of the covenants or conditions contained in this Agreement by Owner, City shall have all rights and remedies permitted at law or in equity including, without limitation, the remedy of specific performance. Additionally, in the event that Owner has not cured any curable default hereunder within thirty (30) days after written notice from City of such default, City shall have the right to cure such default and charge Owner with the cost thereof, including all costs incurred in connection with enforcing this Agreement or in collecting such amounts from Owner. (b) Location and Removal of Artwork. The Artwork shall not be removed from the Site without the prior written approval of the Commission, which approval may be withheld in the Commission's sole and absolute discretion. In addition to any other remedies provided herein, in the event that the Artwork is destroyed, removed from the Site or improperly maintained by Owner, the Commission may either require the Owner to (i) pay the art in lieu fee as set forth in Section 7 below to City or (ii) replace the Artwork with substitute Artwork of a comparable quality and value as determined in the sole discretion of the Commission. 5. Identification. The Artwork shall be identified by a plaque stating the artist's name, the title, the date the Artwork was completed and stating that the Artwork was funded through the City of Palm Springs Public Arts Program. The plaque will be placed in an appropriate location near the Artwork that facilitates viewing by the public. 6. Ownership. Upon the acceptance of the Artwork and payment therefor, the Artwork and all rights thereto shall be conveyed by Artist to Owner. The Artwork shall remain the property of the Owner, provided, however, that the Owner shall transfer ownership of the Artwork to any successor in interest of the Site. 7. Refund of Purchase Price. The City shall reimburse the Owner, an amount equal to the lesser of; (i) the actual amount paid by Owner to the Artist under the Contract; or (ii) the amount previously paid by Owner to the Public Art Fund. The amount to be refunded shall not exceed the amount paid into the Public Arts Fund by the Owner. The Owner's request for reimbursement shall be submitted only after the Artwork is installed and approved by the Public Arts Commission. The request for reimbursement shall be in writing and include (i) a copy of the permits set forth in Exhibit "C" attached hereto ("Permits") clearly showing the art fee and (ii) a copy(s) of the 2 1003/029/28303.02 y invoice Exhibit "D" attached hereto ('Invoice") paid to the Artist and related subcontractors if any. 8. Grant of Public Access Easement. Destination Ramon, LLC (Owner) hereby grants and conveys to the City of Palm Springs a perpetual nonexclusive easement in gross over and across the Site for purposes of displaying the Artwork and allowing the public access to the Site to view and enjoy the Artwork at reasonable times and in a reasonable manner ("Easement'), as described in Exhibit "B". 9. Maintenance. Owner shall provide all maintenance necessary as recommended by the artist with respect to the Artwork to preserve such Artwork in first class condition. Owner agrees to maintain the access paths, landscaping and other improvements to the Site in first class condition. Owner shall repair and/or replace any damage to the Artwork within fourteen (14) calendar days of such damage being discovered. In the event any graffiti is discovered on the Artwork, owner shall remove such graffiti on the day it is discovered. So long as the Artwork remains on the Site, Owner shall keep, maintain, repair and replace the Artwork in a good, clean and first class condition and of the highest quality. Materials used to restore, repair or replace any portion of the Artwork shall be of equal or better quality than the original materials used in the Artwork. When necessary, Owner shall consult the artist or another competent Artworkwork conservationist or restoration specialist to determine the best methods of such restoration or repair. All such maintenance, repair, replacement and restoration shall be at the sole cost of Owner. In addition to all other remedies provided by law, in the event the owner fails to maintain the Artwork, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and charge the Owner for the costs therefor. In the event the Owner fails to reimburse the City for the reasonable costs thereof after reasonable notice, the City may assess its costs against the Property and establish a lien to be collected in the same manner as nuisance abatement liens pursuant to Section 11.72.265 of the Palm Springs Municipal Code. 10. Compliance with the Law. Owner hereby agrees to comply with all applicable statutes, ordinances, orders, laws, rules and regulations, and the requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof, which may be applicable to the display of Artwork on the Site or to the use or manner of use of the Site. Without in any way limiting the foregoing, Owner agrees to comply with The Visual Artists Rights Act of 1990 (17 U.S.C. 101, et seq.). 11. Insurance. Owner shall procure and maintain, at its sole cost and expense, in a form and content consistent with industry standards, with an insurer qualified to do business in California and rated "A" or better in the most recent edition of Best Rating Guide with a financial class category of Class VII or better, unless such requirements are waived by the Risk Manager of the City, during the entire term of this Agreement and at all times while the Artwork is located on the. Site, the following policies of insurance: 3 1003/029/2830102 (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance together with a Broad Form CGL Endorsement and insuring against contractually assumed liability which shall specifically insure Owner's indemnity obligation under Section 12 below. The policy of insurance shall have a combined single limit liability of One Million Dollars ($1,000,000.00). (b) Workers' Compensation Insurance. A policy of Workers' Compensation Insurance in an amount as would fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both Owner and the City against any loss, claim or damage arising from any injuries or occupational hazards or diseases occurring to any worker employed by or any person retained by Owner in the course of carrying out the obligations of this Agreement. (c) Fine Arts Insurance. Owner shall procure and maintain fine arts insurance on the Artwork an all risk form with limits not less than Eighty Thousand dollars ($80,000.00) and a deductible not to exceed FIVE THOUSAND DOLLARS ($5,000.00) for each loss. The payment of any deductible amount shall be the responsibility of Owner All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All such policies shall provide that such insurance may not be amended or canceled without providing thirty (30) days written notice by registered mail to the City. Cancellation clause shall read "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT". In the event any of such policies are canceled, Owner shall, prior to the cancellation date, submit new evidence of insurance in conformance with the requirements of this Section 11. Owner shall provide the Commission with Certificates of Insurance evidencing the insurance coverages and policies required hereunder. Owner agrees that the existence of any insurance shall not limit or otherwise affect Owner's obligations under this Agreement. In the event the Risk Manager of City determines that the work or services to be performed under this Agreement creates an increased or decreased risk or loss to the City, the Owner agrees that the minimum limits of the insurance policies required by this Section 11 may be changed accordingly upon receipt of written notice from the Risk Manager, provided that the Owner shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 12. Indemnification. Owner hereby agrees to Indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all actions, suits, claims, damages, losses, costs, penalties, obligations, errors, omissions or liabilities (collectively "Claims or Liabilities") arising out of or in any way connected 4 1003/029/28303.02 with any act, omission or negligence of Owner, Its agents, employees or contractors, or from the existence of the Artwork on the Site, or related to this Agreement, including, without limitation, bodily injury to or death of persons, injury or damage to property and attorneys' fees, but excluding such Claims or Liabilities resulting solely from the willful misconduct of the City, its officers, agents, representatives or employees who are directly responsible to the City. 13. Rights to Artwork. All copyrights to the Artwork shall be transferred to the Owner together with the Artwork. Artist and Owner shall share copyright to the Artwork with the City in accordance with the terms and conditions set forth in Exhibit "D" attached hereto ("Copyright Agreement"). 14. Mortgage Protection. No violation of this Agreement shall defeat or render invalid the lien of any mortgage or deed of trust given in good faith and for value. All of the covenants and conditions contained herein shall be binding and effective against any party whose interest is derived through foreclosure, trustee sale, deed in lieu of foreclosure or otherwise provided, however, that any mortgagee or beneficiary who takes title to the Site pursuant to foreclosure or deed in lieu of foreclosure or any purchaser at a foreclosure or trustee sale shall take title free of any claims against Owner arising under this Agreement which became due and payable prior to the date such mortgagee, beneficiary or purchaser takes title hereto. 15. Successors and Assigns. The obligations of Owner under this Agreement shall be binding on Owner's successors and assigns and shall burden the Site and shall run with the land and be binding upon all successors and assigns acquiring any right, title and interest in and to the Site. 16. Attorneys' Fees. In the event that any action or proceeding is instituted for the interpretation or enforcement of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party, all costs and expenses related to such action or proceeding, Including, without limitation all attorneys' fees and expert witness fees, both at trial and on appeal. 17. Integration. This Agreement and other documents expressly incorporated herein by reference contain the entire and exclusive understanding and agreement between the parties relating to the matters contemplated hereby and all prior or contemporaneous negotiations, agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 18. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 19. Counterparts. This Agreement may be executed in counterparts which, when taken together, shall constitute one executed document as though all signatures appeared on one copy. 5 1003/029/28303 02 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" DESTINATION RAMON, LLC. a California limited liability company By RJ VENTURES LLC Its: Manager By: Name: Stanley G. Rothbart Its: Manager "CITY" CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: By: City Clerk City Manager APPROVED AS TO FORM: 6 1003/029/28303.02 EXHIBIT "A" �Rld. 011 166, i i N ✓J Irry a ^"r+cl�N'�A ��►' L,y..n+WtY �:F,T.° IP r �/'�' .047� 4i° aYt FF'f w{ �. ,sue... _ _b.�'rr _..... _._ ^i '.ry+r .A` /'{ �+' ♦ '++ '•1 '' t EXHIBIT "B" ART WORK EASEMENT IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYINGWITHIN THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 30745, AS PER MAP FILED IN BOOK 210 PAGES 31 AND 32, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 4 OF SAID PARCEL MAP; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 4 SOUTH 00011'34" EAST, 50.87 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 89048'26" WEST, 15.38 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89048'26" WEST, 18.00 FEET; THENCE SOUTH 00°11'34" EAST, 4.00 FEET; THENCE NORTH 89048'26" EAST, 18.00 FEET; THENCE NORTH 00°11'34" WEST, 4.00 FEET TO THE TRUE POINT OF BEGINNING. 8 1003/029/29303.02 EXHIBIT "B" R�TWOI'.IL LOGP}T101�1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 , I t a I PART A PROPERTY -- - - - - - - - - - - PART 6 PROPERTY SITE PLAN DRY ��"m et &&--*o Coewltk' Iee �.wa •� t eoo i ImoiESTER AVEMIE,SUM C PALM SPRINGS, CALIFORNIA owrAxp,a enei (aa)zx-sxa EXHIBIT "B " Exhibit "B-2" (SPECIAL REQUIREMENTS) Waiver of certain Insurance Requirements as specified under Section 11 of this Agreement. 1. Contractor is a sole proprietor; therefore, Section 11-Workers' Compensation Insurance (b) does not apply. 9 1003/029/28303.02 EXHIBIT "C" (Permits) Pursuant to Section 7. Refund of Purchase Price the following building permit numbers pertaining to the public art fees shall apply to the reimbursement of the costs paid to the artist for the artwork. Permit Number Public Art Fee Paid C11601 $1,060.97 C11933 $64,658.15 C11938 $5,634.40 C11939 $4,231.88 C13039 $1,250.00 C13626 $1,185.97 C14632 $1,600.00 Total Public Arts Fee Paid: $79,621,37 City of Palm Springs BUILDING PERMIT C'tIIFOF��' - Permit Technician Angela LaFrance DATE PLAN CHECK PLAN CHECK CASE B E M P EP HP SUBMITTED 2/3/2005 NUMBER FEE NUMBER 5 . 0957 PERMITS X X X Owner Address Phone State Lk.Number Stan Rothbart 1801 Ave. of Stars, Los Angeles, 310) 277-6288 Contractor Address Phone Slate tic.Number Eleven Western 2862 Executive, Escondido, Ca 760) 796-6346 439908 Architect Address Total value of work$ 212, 194 . 00 Sewer Agreement# Engineer Address School Fee Fixture Units 0 Lot# Block# Tract Bulking Address Building Permit 4 + TR19544 5601 RAMON ROAD EAST 001-32201 1, 575 . 60 Lot Size Zone Height Ottupancy A.A.No. Total Area plan Check Ml I 001-34301 0 . 00 Setbacks AS Front Side Side Rear Parcel Number SMIP Tax Constructed 680-170-034 001-37112 44 . 56 Square Building Garage/Carport Roared Pato/Pordh Microfilm Footage 001-31309 15 . 00 Use of Wilding SMIP Type Permit Type Const.Type Fire Sprinkler Units New Sew Cn permit Issuance Commercial 2 CML 0 0 001-32ZD4 70 . 50 Class Of New Additions AltemOo m ns Repair Remodel Reoval Replace Construction Tax Work X 001-31601 0 . 00 Describe work In detail: D61.Fee/Rmw/Mist. Common area permit for cut & fill grading, on-site sewer and 001-32210 0 . 00 water, site lighting, 2590 LF screen wall, 502 LF chain link fence , 95 L.F of retaining wall. monuments for signs. All per Constmoon Permit approved grading plan and on-site plans. BDI-32203 0 . 00 Sewer Inspection 118,710 c.y. cut 001-32202 0 . 00 sp�,IkU&,sc.y. fill Sewer Main See building plans for electric services. 420-38704 0 . 00 on site sewer and water calculated by valuation using Sewer Agreement public works fee schedule. T&A 0 . 00 Sewer Connection Fee DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE WORK IS INSPECTED 420-311703 0 . 00 IMPORTANT Drainage Fee 0 . 00 The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee city or county ordinance or state law. 134-33110 0 . 00 Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Misc.Filing Fee not to be made without permission of the Building and Safety Divisions. 0 . 00 Public Arts Fee The owner and/or contractor is responsible for establishing all property lines.All utilities must be 150-31390 1, 060 . 97 underground. Planning Fee This permit will expire if work is not started in 180 days or if more than 180 days elapses between 001-31303 0 . 00 inspections. Technology Fee I certify that I am familiar with all requirements of the Cityof Palm S rih s as the apply to this r ermit rt101-3al Plan 2 75 . 8 5 fY q p l y PPY - �'Geneal Plan Maint.Fee and understand that these requirements must be completed prior to final inspection and that no -"- certification of occupancy will be issued until such time as these requirementsrare met. I certify that 001-34310 129 .44 I have read this application and state that the information is true and correct.' nn�lr FEB L , Lu a +� s j y o " t TOTAL FEE 3, 171 . 92 OWNER/CONTRACTOR/AGENT DATE '`-"` ISSUED BY This is a Building when properly filled out,signed and validated,and is not transferable.BUILDING DEPT. COPY p ITT yr i i ITI/� ni City of Palm Springs BUILDING PERMIT Permit Technician Angela LaFrance DATE PLAN CHECK PLAN CHECK CASE 8 E M P EP HP SUBMITTED 5/10/2004 NUMBER 9086 FEE 45000 NUMBER 5 . 0957 PERMITS XXXXXX Owner Address Phone State Uc.Number Walmart Stores Inc 2001 S.E. loth, Bentonville, AR 479) 273-4627 Contractor Address Phone State Liu Number Eleven Western 2862 Executive, Escondido, CA 760) 796-6346 439908 Architect Address Total value of work$ 12 , 931, 630 . 00 Perkowitz/Ruth 111 W. Ocean Blvd. Long Beach, CP. Sewer Agreement# Engineer Address School Fee See Receipt KPFF Can. Eng 18400 Von Karman, Irvine, CA FIMne Units 385 Lot# Black# Tract Building Address Building Permit 4 + TR19544 5601 RAMON ROAD EAST BL OOA2201 � 58 . 03 Let Size Zone - Height OccupanTPamel Total Area Plan Check 958320 M1 A3/ 57 246555 001-34301 — Setbacks As Front Side Side Rearr SMIP Tax Constructed 7 0-0 3 4 001-37112 2, 715 . 64 Square Building Garage/Carport Roofed Pato/Parch Microfilm Footage 225833 20722 001-31300 125 . 00 Use of building SMIP Type Permit Type Const.Type Fire Sprinkler 1 Units New Sew Cn Permit Issuance Commercial 2 CML VN Y 0 0 001-322D4 94 . 00 Class Of New Additions Alterations Repair Remedial Removal Replace Construction Tax Work X 001-31601 98, 622 . 00 Describe work In detail: Dbl.Fee/Rmw/Misc. Construct type V-N FS Walmart Superstore Retail Building 001-32210 0 . 00 w/Auto Center, Garden Area, Snack Bar, Offices, Break rooms, Pharmacy, Optician Center, Hair Salon, Photo Construction Permit Studio, Grocery & Meat Market & Bakery. - 001-32203 0 . 00 r l; Sewer Inspection 001-32202 92 . 00 Spedal Conditions: Sewer Main 420-38704 0 . 00 Sewer Agreement f� _ y T&A 0 . 00 CI '` JTY Or ej'' `"J�-�'w Sewer Connection Fee DO NOT CONCEAL OR COVER ANY CONSTRUCTION ISINSPECFED• 120-38703 78 , 155 . 00 IMPORTANT Drainage Fee 135-32400 202, 664 . 00 The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee city or county ordinance or state law. 134-33110 296, 161 . 87 Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Mee,Filing Fee not to be made without permission of the Building and Safety Divisions. 0 . 0 0 Public Arts Fee � The owner and/or contractor is responsible for establishing all property lines.All utilities must be 150-34 9 64, 658 . 15 Underground. Planning Fee This permit will expire if work is not started in 180 days or if more than 180 days elapses between 001-34303 640 . 00 inspections. Technology Fee 00432211 16, 811 . 12 I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit and understand that these requirements must be completed prior to final inspection and that no General Plan Maim.Fee certification of occupancy will be issued until such time as these requirements are met. I certify that 001-34310 7, 888 . 29 I have read this application and state that the information is true and correct. TOTAL FEE 8_2,3 , 885 . 18 OWNER/CONTIRACTOR/AGENT DATE ISSUED BY This is a Building when properly filled out,signed and validated,and is not transferable. BUILDING DEPT. COPY PERMIT NUN ')-r 1 1 Q"A 0; ggrj City of Palm Springs It BUILDING PERMIT Permit Technlnan DATE PUN CHECK PLAN CHECK GSE B E M P EP HP SUBMITTED 10/18/2004 NumeER 20006 FEE 3600 NUMBER 5.0957 PEWrrS X X X X X X owner Address Phone State Uo Number Rothbart Dev_. Corp 1801 Ave of Stars. Las Angeles. 310)277-6288 _ contractor �� Address Phone St se /"� a.3� hl llow �S% naG /�/l L'� 5�Z Archlteut 4a6- �5a� "' Address Total value of wox$ 1,126,881.00 SSOE- Inc. 1050 Wilshire, Troy,,MI_- saver Agreement# Engineer Address School Fee See Receipt SSOE Inc. same FtAureUnits 80 - — Lo K 61ock p Trott Bulldlrg Address Bulltling Permit 4 _.. +- TR19544 -_ 5601 RAMON ROAD EAST BL _ GOD2201 7,993,60 Lot SIM Zone Height occupancy A.A.No. Total Area Plan Check 2.22 acres M1 I M/B/S1 1 5.0957 20087 0oI-343D1 1.712.77 Setbacks As Front Side side — —'"I Rear Parcel Number SMIPTax Constructed I 680-170-034 001a7112 236.65 Square 1311I Wage/Carport Rooted peto/Porch 'Microfilm Footage 20087 (x11-343D0 50.00 usearbullding SMip Type' Permit Type Const Type Flre Sprinkler Units New Sew Cn Permltissuance Commercial 2 CIVIL2N Y 0 0 DDt-3zzd4 94.00 Class of New AdilRWns Alterations Repair RemWel Removal Replace Construedoniax Work -- X oolstaol — — $034_80- Describe work in detail: DbI.Fe4Rmw/M'rsc. Construct new commercial building for"Petsmart"petstore ODl-32210 0.00 with grooming and animal medical services. Cunstructlon Permit 001-32203 0.00 Sewer inspection IMI-32202 _ 4_6.0.0_ Special conditions; Sewer Main Business: 5129.73 SF 420-38704 0.00 Receiving- 1334.92 SF sewer Agreement Retail: 13180.36 SF T&A 0.00 Storage: 442.1 SF Sewer Sewer connection Fee TUMF FEES CPCkCdtl LA4TU&D)A&€ WAtSiiBRaEbAEL[GfB A' 4TISINSPECrED 42D-3=3 _ 16 240.00 61=t: MEMIL) IN FILL, IMPORTANT oiamage See 135-32400 20,450.64 The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Gee city or county ordinance or state law. 134.33110 4,788.30 Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Mlsc Flhg Fee not to be made without permission of the Building and Safety Divisions. __.__--_- 0,00 Public Arts Fee - - The owner and/or contractor is responsible for establishing all property lines.All Utilities must be 150-M390 5,634.40 underground, Planning Fee This permit will expire if work is not started in 180 days or if more than 180 days elapses between 001-34303 800.00 Inspections. Teelmology ree 001-32214 1,464.95 I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit and understand that these requirements must be completed prior to final Inspection and that no General Plan Mamt Fee Certification of occupancy will be Issued until such time as these requirements are met. I certify that 001-34310 „_-. 687 40_ I have read this application and state that the information is true and correct. AJ Obi�&I TOTAL FEE _EB,233.51 OWNER/CONTRACTOR/AGENT DATE ISSUED BY This is a Building when properly filled out,signed and validated,and is not transferable. its' INSPECTOR'S COPY PERMIT NUMBER Ct,938— ^qA "`" r-•1 City of Palm Springs � c BUILDING PERMIT '�HtIFOFHxF• Permit Tecimcfan Angela LaFrance DATE PLAN CHECK PLAN CHECK CASE B E M P EP He SUBMmTEO 10/8/2004 NUMBER 994g FEE 754 NUMBER 3 . 2591 1 PERMITS X X X X X X Owner Address Plume State Uc.Number Stan Rothbart 1801 Ave. of Stars, Los Angeles, 310) 277-6288 Canhacta Address Phone State Uc.Number Ed Grush 3236 Willow, Si nal Hill, Ca 562) 426-9526 246399 Mchitect Address Total value of work$ 846, 376. 76 ADG 2710 SU_tt0 Blvd. St . LOUTS, MO sewer Agreement Engineer Address School Fee See Receipt Johnston Burkholde 930 Cwentral, Kansas, City, MO HxmreUnus 0 Let N Block N Trad Bulldig Address Building Permit 4 + TR19544 5601 RAM_ ON ROAD EAST BL DOS220l 5, 285 . 30 Lot SIIe Zane Haight Occupanq A.A.No. Total ArH Plan Check 2 .31 acres MI M 3 . 2591 18304 001-34301 3 , 174 . 94 Setbacks As Front Sipe side, Rear Parcel Number— SMIPTax Constructed I I 680-170-034 ODl-37112 177 . 74 Square Balding camge/Carport'- - -- Roofed Pato/Porch M¢mRlm Footage 18304 _ 001a930B _ _ 50 . 00 Use of Wilding SM1P Type Permit Type Coat.Type Fire 5pankler Units New Sew Cn Permit Issuance Commercial 2 ICML 12N Y 0 0 Wl-322M 94 .00 Gass of New Additions I Alterations Repair Remodel Removal Replace contraction Tax Work X oolalwl 7, 321. 60 Describe work in dealt: -- - Obl.FWRmw/Mlw, -- — Construct new shell building for future "Office Depot" . 001-32210 0 . 00 Includes exterior lighting, electrical service, mechanical — --- units, truckwell and dock levelers, water main, 4" sewer Construchan Permit service to building (no fixtures included) . 001-32203 0 . 00 Sewer Impecbc. 001-32207 4G. 00 Sperlal convetmas: Sewer Maln Build out to be on seperate permit. 420-38704 _ 0 . 00 Sewer Agreement T" 0 . 00. Sewer Connectlon Fee DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE WORK 15 INSPECTED 420-38703 . 00 IMPORTANT Drainage Fee 135-32400 21, 279 . 72 The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee city or county ordinance or state law. 1 31-3 3 110 21, 153 . 93 Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Misc.Filing Fee not to be made without permission of the Building and Safety Divisions. Putelic Arts Fee The owner and/or contractor Is responsible for establishing all property lines.All utilities must be 15B-34390 _ 4 , 231 . BB underground. manning Fee This permit will expire If work Is not started In 180 days or if more than 180 days elapses between WI.34303 800 . 00 Inspections. Technology Fee I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this penult 001�3UII 1, 10 0.2 9 and understand that these requirements must be completed prior to final inspection and that no General man Malnt.Fee certification of occupancy will be issued until such time as these requirements are met. I certify that 001.34310 516_.2. 9 I have read this application and state that the information is true and correct. /� 1!//V,.,_.,� �,,....----•�----- qj'�j � o- ' TOTAL FEE - 65, 231 . 69 OWNER/CONTRACTOR/AGENT f DAT I' U Y n This is a Building when properly filled out,signed and validated,and is not transferable. INSPECTOR'S COPY PERMIT NUMBER C l I939 fi� �A 'y 0 City of Palm Springs r �. _.;,� •` BUILDING PERMIT�4NFd�H PerrR Tetlrnlaan Angela LaFrance DATE PIAN tHECK PLAN CHECK CASE B E M P EP HP SUBMrrTED 5/13/2005 NUMBER 1194 FEE NUMBER 3 .2591 PERMRS X X X X X X Owner Address phone state M.NUMW Roth.bart Dev. 1801 Ave, of Stars, Los Angeles, 310) 277-6288 x Centr or Address Phone Sale Ue.Number Ed Grush Cont 3236 Willow, Signal Hill, Ca 562)426-9526 246399 ArchHeQ Address Total wlue of work$ 250, 000 . 00 Sewer AgneementN Engineer Address T . ••._.. schod Fee Rhine una 32 Le*a' Blork t Tract Bullard Address Bmldnrg Permit 4 19544 5601 RAMON ROAD EAST BL oo8nol 1, 760 . 82 _._... Lot Size Tone Height Occupancy A.A.No. Total Area pyn Check Ml M 3 .2591 001-34301 1,268 , 04 Setbacks As Front sde side Rear Parcel Number SMIP Tax Constructed 680-170-034 Ml-37112 52 .50 Square BWking Ga29elcarWrt Roofed Pate/Porch Mkruhlm Footage D01-34303 50 . 00 Use of bllk➢ng sMtp Type Permit Type Coast.Type Fire sprinkler Units New Sew Cn Permt Issuance Commercial 2 CMA 0 0 001-32204 94 . 00 Class of New AMHEMs Alterations Repan Remold Removal Replace [onstruction Tax Work X 001.31601 0 . 00 loncllbe wale In detail: Dbl.Fee/Rerw/Mix. Addition to permit kC11939. Additional interior build 001.32210 0 . 00 out/remodel work for tenant. ---- ConstsucBon mit Per 001-32203 0 . 00 Sewtt ImWecWn w1-3zz0z 46 00 5peddl Candmums: Sewer Male .. .... 420-30704 0 . 00 sewer AgreementTRA 0 .00 Sewer Connection Fee DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE WORK IS INSPECTED 420-38703 6, 496 . 00 IMPORTANT Drainage Fee 0 . 00 The Issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee city or County ordinance Or state law. 131.33110 0 . 0 0 Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Misc.Filing Fee not to be made witftout permission of the Building and Safety Divisions. 0 . 0 0 Public Arts Fee The owner and/or contractor is responsible for establishing all property lines.All utilities must be 150-39390 _ 1_, 2_50 . 0 0 underground, warming Fee This permit will expire if work is not started In 180 days or if more than 180 days elapses between 001-34303 0 . 00 inspections. Technology Fee oOI-32211 _ __ _325 . _00 1 certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit General plan mamt.Fee and understand that these requirements must be completed prior to final inspection and that no Certification of occupancy will be issued until such time as these requirements are met. I certify that 001-34310 0 . 00 I have read this application and state that the information Is true and correct. C.cLc C__.�, L= rj L/5 TOTAL IF 1 , 342 .36 OWNER/CONTRACTOR/AGENT -�__--DATE -IS BY This Is a Building when properly filled out,signed and validated,and Is not transferable. INSPECTOR'S COPY PERMIT NUMBER 13039 05 "`" °•. City of Palm Springs 46 BUILDING PERMIT PermRTechnmlan Angela LaFrance DATE PUN CHECK PLAN CHECK CA9F B F M P EP HP suaMrITEO 2/8/2005 NUMBER 20600 FEE 755 NUMBER 5 . 0957 PERMRs X X X X X X Owner Address PMnt Slane Lk.Number Del Taco 25521 Commercentre Dr. L.F. Ca 949) 462-9300 eontacton , plwne state tic.Number Radd.er Gen. Cont . 2175 Sampson Ave. Corona, Ca 951) 278-8137 725252 Arrhlt Address -- Total value or work 9 237, 194 . 00 Tarlos & Assoc 17802 Mitchell, Irvine, Ca Sewer Agreement# Englneer --Address school Fee See Receipt Fikime Units 48 Lot# Block# Tract sullding Address Building Permit 4 19544 �5601 RAMON ROAD EAST EILWtil 2m 2, 347 . 05 Lot SIM Zone Height Occupaocy A.A.No. Total Area pan Check 33882 M1 A3 5 . 0957 J 2676 MI.34301 667 . 89 Setback:As Front side side Rear Parcel Number SMIP Tax _Constructed 680-170-034 001,37112 49 . 81 Ga29e/Carport__ --. ROOled Paac/POren Microfilm Square Building Footage 2260 416 100 . 00 Use a hulking SM1P Typo' Permit Type Const.Type Fire Sprinkler Units New Sew C. Permit issuance m Comercial 2 CML VN 0 0 001-322M 94 . 00 Class Of New Ada"WrIs Alunamr-5 Repair Remodel Ren 4 Replace CCnstrutton Tax Work X 001-31wi 1, 070 .40 Describe work in claret: —__�...__. — Dbl.Fee/Rmw/Mlsc. Construct fast food drive thru "Del Taco" . Includes patio, WI.32210 0 . 00 trash enclosure, light standards, 1000 grease trap. --- - - ' constructbn Permit Wl-32203 0 . 00 Sewer Inspection 001-32202 46 . 00 Spoclel Conditions: Sewer Main Does not exceed 25$ restaurant use for center. TUMF fees 420-36704 0 . 00 already paid for phased development on Walmart, Office Sewer Agreement Depot; and Petsmart permits no further TUMF due until restaurant use exceeds 25%. TRA _ ._ 0 . 00 Sewer Connacibn Fee DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE WORK IS INSPECTED 420-38703 9, 744 . 00 DraIMPORTANT 135-32 Fee 033-32400 7, 166 . 04 The Issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee city or county ordinance or state law. 134-33110 0 . 00 Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Misc'Fling Fee not to be made without permission of the Building and Safety Divisions. _ 0 . 00 Public Arts Fee The owner and/or contractor Is responsible for establishing all property lines.All utilities must be 150-34390 _ _ 1, 185 . 97 underground. Planning rx This permit will expire If work is not started in 180 days or If more than 180 clays elapses between 001-34303 800 . 00 Inspections. TKhnabgy Fee 00132214 308 . 35 I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit ----- and understand that these requirements must be completed prior to final inspection and that no General Plan Maint.Fee certification of occupancy will be Issued until such time as these requirements are met. I certify that 001-34310 _ _144 , G9 I have mad this application and state that the information is true and correct. r 23 724 .20 ✓" s!4.'7.d% -��1 )—C��� �� V OWNER/CONTRACTOR/AGENT DATE— ISSUED BY This Is a Holding when properly filled out,signed and validated,and is not transferable. INSPECTOWS COPY PERMIT NUMBER C 13626 is gf+'1c!Urn City of Palm Springs BUILDING PERMIT Permiffechnidan moce DATE PLAN CHECK PLAN CHECK CASE B E M P EP HP SUBMITTED 9/12/2005 NUMBER 1962 FEE 1200 NUMBER 5. 1957 PERMITS V /�V V V V V Owner Address Phone State Lie.Number Jones Lan LaSalle 600 Wilshire Los An eles Ca 213 345-2335 Contractor Address Phone state Lic.Number DEB CONSTRUCTION 1210 N. JEFFERSON #D ANAHEIM 714-632-6680 CA 372419 Architect Address Total value of work$ 320,000.00 Gensler 4675 MacArthur. Newport, Ca Sewer Agreement# Engineer Address School Fee See Receipt VanDar e Chou 2200 Oran ewood Orange, Ca FxWre Units 20 Lot# lock# Tract Bwldin9 Address Building Permit 4 19544 5601 RAMON ROAD EAST BLE G0D2201 2,380.47 Lot Sim Zone Height Occupancy A.A.No. Total Area Plan check 38333 M 1 M 1 5.0957 4994 001-34301 376.58 Setbacks As Front Side Side Rear Parcel Number SMIP Tax Constructed 1 680-170-034 001-37112 67.20 Square Building Garage/Carport Roofed Pato/Porch MlcroOlm Footage 4586 408 001-3430B 50.00 Use of building SMIP Type Permit Type Const.Type Fire Sprinkler Units New Sew Cn Permit Issuance Commercial 2 CML VN Y 0 0 001-32204 94.00 Class of New Additions Alterations Repalr Remodel Removal Replace Construction Tax Work X 001-31601 1,997.60 Describe work In detail: Dbl.Fee/Rmw/MisC. Construct new Bank of America building. 001-32210 0.00 Construction Permit 001-32203 0.00 Sewer Inspection 001-32202 46.00 Special Conditions: -' - ----— — - I Sewer Main TUMF fees for phased development shopping center 420-38704 0.00 already paid out. No further tumf due. DEC 2 2 2005 Sewer Agreement 0.00 Sewer Connectmn Fee I f IT� O F`x`=.t.'�y LL$�+`Ci{uv dJt.:, DO NOT CONCEAL OR COVER ANY CONSTRUCTION UNTIL THE'YIDRK.LS rucvFr-r=n _ _ 420-30703 4,060.00 IMPORTANT Drainage Fee 135-32400 8107.42 The issuance of this permit shall not be held to be an approval of the violation of any provisions of any TUMF Fee city or county ordinance or state law. 134-33110 0.00 Inspections of work are subject to an approved set of plans being on the job. Changes to plans are Misc.Filing Fee not to be made without permission of the Building and Safety Divisions. 0.00 Public Arts Fee The owner and/or contractor is responsible for establishing all property lines.All utilities must be 150-34390 1,600.00 underground. Planning Fee This permit will expire if work is not started in 180 days or if more than 160 days elapses between 001-34303 800.00 inspections. Technology Fee I certify that I am familiar with all requirements of the City of Palm Springs as they apply to this permit 261-32214 416.00 and understand that these requirements must be completed prior to final inspection and that no General Plan Malnt.Fee certification of occupancy will be issued until such time as these requirements are met. I certify that 001-34310 1 195.20 1 have read this application and state that the information is true and correct. r TOTAL FEE 20 190.47 OWNER/CONTRACTOR/AGENT DATE ISSUED BY 1 This is a Building when properly filled out,signed and validated,and is not transferable. BUILDING DEPT. COPY PERMIT NUMBER"-C 14632 Exhibit "D" (Invoice) (See Attached) 11 1003/029/28303.02 Feb 08 06 10: 12a Doug Hyde 505 438-6645 p. l Doug Hyde Sculpture Studio 2030 W. Stringfield Road Prescott AZ 86305 928-776-1485 Studio86450aol.com February 8, 2006 Destination Ramon LLC 1801 Avenue of the Stars Suite 920 Los Angeles,CA. 90067 Doug Hyde Studios has invoiced and been paid in full by Destination Ramon LLC. For the sculpture"Cahuilla Basket'in the amount of$W,000.00. Doug Hyde Studio EXHIBIT "E" COPYRIGHT AGREEMENT This COPYRIGHT AGREEMENT ("Agreement") is entered into as of by and between the CITY OF PALM SPRINGS, a municipal corporation ("City"), Doug Hyde ("Artist") and Destination Ramon, LLC, ("Owner"). Owner has commissioned a work of art ("Artwork") created by the Artist and more particularly described in that certain Agreement for Placement of Art on Private Property and Grant of Easement dated 200_, by and between the City and Owner ("City Agreement"). Artist hereby acknowledges the City Agreement. Artist has delivered the completed Artwork to Owner and Owner has accepted the Artwork. Pursuant to the City Agreement, Artist has transferred all rights under applicable copyright laws to the Artwork to Owner. Artist and Owner hereby agree to share copyright to the Artwork and hereby transfer, convey and assign to the City the right to make reproductions, photographs and other two dimensional, less than full-scale, non- exact reproductions of the Artwork for both commercial and non-commercial purposes. The Artist warrants that the work is unique and a single-edition, and that the Artist will not execute or authorize another to execute another work of substantially the same design as the Artwork. The covenants and warranties of the Artist shall be binding on the Artist's heirs and assigns. Due to the nature of the Artwork and the Site on which it is to be placed and the public interest of the City, Artist and his/her agents, heirs, successors and assigns hereby waive any and all rights they may have under the California Art Preservation Act, as set forth in California Civil Code Section 987. The Artist, his/her agents, heirs, successors and assigns also agree to attempt to defeat this waiver by cooperating with any other person or organization which seeks to bring an action under California Civil Code Section 989. EXHIBIT "E" Page 1 of 2 1003/029/28303.02 IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written. "OWNER" DESTINATION RAMON, LLC. a California limited liability company By RJ VENTURES LLC Its: Manager "ARTIST" (Name of Artist Here) "CITY" CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: By: City Clerk City Manager APPROVED AS TO FORM: By: EXHIBIT "E" Page 2 of 2 1003/029/28303.02 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public (SEAL) 1003/029/28303.02