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HomeMy WebLinkAbout22871 RESOLUTION NO. 22871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE GREEN FACADE IMPROVEMENT PROGRAM. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOLLOWS: A. The City Council has deemed sustainability a priority in the City of Palm Springs. B. The Green Facade Improvement Program is designed to encourage businesses to improve and invest in the building exterior while utilizing sustainable resources and practices. C. The Green Facade Improvement Program participants will be saving energy, water, and other resources while creating a more aesthetically pleasing exterior appearance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Green Facade Improvement Program, attached as Exhibit A and incorporated herein, is hereby approved. SECTION 2. The City Manager is authorized to award Green Facade Improvement Program Grants up to the aggregate amount of$20,000. SECTION 3. The Green Facade Improvement Program standard agreement, attached as Exhibit B and incorporated herein, is hereby approved, subject to final review and approval of the City Attorney. SECTION 4. The City Manager is hereby authorized to execute all individual Green Facade Improvement Program Agreements in an amount not to exceed $2,000 each. Resolution No. 22871 Page 2 ADOPTED THIS 2ND DAY OF FEBRUARY, 2011. DAVID H. READY, ANAGER ATTEST: MES THOMPSON, CITY CLERK 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. 22871 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 the 2nd day of February, 2011, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Foat. ABSTAIN: None. ES THOMPSON, CITY CLERK ity of Palm Springs, California n/f0IZ61 � THE CITY OF PALM SPRINGS OFFICE OF SUSTAINABILITY AND COMMUNITY AND ECONOMIC DEVELOPMENT GREEN FACADE IMPROVEMENT PROGRAM (GFIP) GRANTS FOR PROPERTY OWNER/TENANT The City of Palm Springs Offices of Sustainability and Community and Economic Development have developed a Green Fagade Improvement Program (GFIP) designed to encourage improvements and investments of tenant and property owner exteriors. The exterior improvements will contribute to overall revitalization using sustainable materials/practices. The GFIP features grants of up to $2,000 to finance all or a portion of a property owner or tenant's green and sustainable exterior improvements, and could feature complimentary design guidance for program participants, as well as an expedited design approval process. Only properties located within the M-1 and M-1 P Zoning districts are eligible for the GFIP program at this time. Eliciible uses of funds are for: • Green Exterior Signs (installation of new or repair or replacement of legally installed and mounted signs; including neon or halo lit signs). Must meet at least one (1) of the following criteria o Made of a minimum of 20% recycled materials or o Made of 100% recyclable material • Painting or exterior surface treatment using low VOC materials (paint, stucco, tile, stone, or brick replacement or repair); • Pervious paving including; replacement or repair of tiles or decorative pavers (not in the public right-of-way); sidewalk or courtyard repaving (not in the public right-of-way); • Outdoor lighting (installation of new exterior lighting fixtures; repair or replacement of existing exterior lighting fixtures). Must meet at least one (1) of the following criteria; o Use of Light Emitting Diode (LED) lighting o Use of Solar Lighting o Use of lighting that reduces current energy use by a minimum of 50% + Installation, repair or replacement of decorative or security fencing; o Priority funding will be given to applicants using materials that are recycled, contain recycled content and/or are recyclable • Replacement of plate glass windows; re-glazing of windows or change of window mullions with the approval of architectural application by the City; • Fixed bicycle racks; • Solar powered exterior lighting, • Landscaping with native plant materials and hardscape; • Smart Irrigation systems. Uses Not Eli ible: Funds may not be used for improvements that are not permanent or mounted or affixed to the building or the sidewalk. Ineligible uses include but are not limited to: • Vinyl letter signage (windows); • Portable signs, such as sandwich board or A-frame signs; signs not mounted or attached to storefronts; Exhibit A 1 U • Flags or banners; • Benches and trash receptacles; • Tables, chairs, or umbrellas. Eligible Applicants: Property owners or business tenants located in the City of Palm Springs that are within the M-1 and M-1 P Zoning district and that did not qualify under the previous exterior improvement grant program may apply. The previous exterior improvement grant program funded over $350,000 towards helping the Business Improvement District (BID) area and extending to areas outside the BID area north and south along Palm Canyon Drive and Indian Canyon Drive, as well as the commercial/retail area in the western section of Section 14. The purpose of the GFIP grants is to provide an opportunity to fund exterior improvements for businesses excluded from the previously awarded exterior improvement grants. Businesses that received funds from the BID area fagade improvement grant program are not eligible to receive grant funds from the GFIP grant. A business owner that is not the property owner must show evidence of the right to alter the property, or consent from the property owner. Grant Amounts: The maximum grant shall be $2,000. Process: Applications are available in the Office of Sustainability and in the Department of Community & Economic Development. The application must include a narrative description of the project scope and a quote from a contractor licensed to do business within the City of Palm Springs. 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. GREEN EXTERIOR PROPERTY IMPROVEMENT PROGRAM APPLICATION ON NEXT FOUR PAGES 2 6 APPLICATION FORM PAGE 1 APPLICANT INFORMATION Business Name: Business Address: Applicant's Name: Address: Phone: Email: PROJECT DESCRIPTION Description of Requested Improvements: Amount applying for: $ Estimated Cost- Is this your estimated cost,or have you obtained a bid or estimate from an architect or contractor that is licensed to do business within the City of Palm Springs? self contractor architect (Please provide a copy of estimate and a copy of the business license) 3 � ; APPLICATION FORM PAGE 2 PROPERTY INFORMATION FOR OWNER OCCUPANTS FOR TENANT/LESSEES I hereby certify that I am the owner of my business I am a lessee/renter of the space for which I am property. The property is vested(owned) under the applying for a Green Exterior Improvement following name: Grant. The owner of the property is: Property Owner Legal Name: Contact information for the property owner: Contact Information: (include name,address,phone and email) (include name,address,phone and email) Remaining years on lease term: Assessors Parcel Number: Assessors Parcel Number: FOR CONTRACTOR FOR ARCHITECT I hereby attest that the project described above I hereby attest that the project described above meets or exceeds the requirements for eligible uses of meets or exceeds the requirements for eligible funds as described on Page 1 of this application uses of funds as described on Page I of this packet: application packet: Contractor- Name on Business License: Architect-Name on Business License: Contact Information: Contact information: PROGRAM BOUNDARIES All Properties located within the M-1 and M-1P boundaries of the City of Palm Springs are ELIGIBLE. Businesses located in the Business Improvement District area, defined as all businesses on Palm Canyon Drive, north of Ramon Road and south of Tachevah Drive along both sides of the street; Indian Canyon Drive, north of Ramon Road and south of Alejo Road along both sides the street; Belardo Road, north of Ramon Road and south of Alejo Road on both sides of the street; Museum Drive on both sides of the street; Tahquitz Canyon Way west of Indian Canyon Drive on both sides of the street; La Plaza; Andreas Plaza; Amado Road; Arenas Road; and Baristo Road from Indian,Canyon Drive west to Belardo Road on both sides of the street are NOT ELIGIBLE. Also excluded from this program are the areas shown on the maps on Page 5. The map on PAGE 6 reflects ELIGIBLE Properties. 4 INELIGIBLE AREAS .VISTA , M 2 to ' �r ae r 17 �S�AOwntl/� C�u�w w 7$ YOIL 4 $ • — 4 tY ♦4'ENAB na 12 20 ro 6 2 7 � Y 3 x,law r 22 a � z z W Tramway to Vista Chino x x ��jaw � ..rl .,,, .....'_.. •. f� T _ �•"�F�Jj�"" TwHWU1TZ ��� '� .I' Ly�,K'.rxFu .....w. •• Y �, 7 ))7{ is s 5 vvv F ,O 17 Pnrrow """"'RAMON RO Z4 3 I 22 5 GREEN FACADE I3SPROVEX EN7 "�° Z ■..k �• {•`,�{A _ PROGR.4 I(GFIP) GRr1I'T BOUNDARIES: M� IOt �• All Properties leaded within flit M-1 and '1 1 :~ c..M, M-lP boundaries of the City of Palm 0167 Springs me ELIGIBLE- Businesses located. in the Bvsams Improvement Distnet area, define as all businesses an •.I :r e;. • _.__ ! Palm Canyon Drim north of Ramon,Road ;,. and south of Tac�hel,ah Drive aloe bath of the street; Indian Canyon Drive, north of Ramon Road and south of Alqo Road along both side the stve1; Belardo Road, north. of Ramon Road and smith of -=-`- AIejo Road on both sides of the street; — ; ,rAk b Museum Dfive on both sxks of the stet, Talmo fx Canyon Way west of Indian I rj,.;,•:....i ^� -�' Canyon Drive on bath sides of the street, x � � w ti� :., r .:+ A r u Lai Plan; An&eas Plaza, Amado Road~. s Armas Rnrad; and Baristo Road fkan Indian Canyon Drive west to BAelardo Road III-� - [ • ,' �` on both sides of the Streit are NOT h -.,�1 1 + t: .• �.' - f,• sra. ELICABI.E. '1u�.wl !Ee°' {� ".` 1 �:.�, '.:\'.,u. 'ti \ •. .tt r,.... $f 1 y N••. a1Nnf.• i� ar' S1 'boo.w A. P--ti--?ice^7 � all N k.s s.�+ 5 a. it"e._!1 1xa. _zr�• E'� �1 �-�-r„-� � ,w.. � M,.. �r*^� �tr _ f.'•.^•4 �' — ; ) ! , _ gig„ r, � S« 11 10 'ak4 '' i. G W� �'•. EMI ' ""'! /77 .rwewNw 1, YP3 •, � ! ., NN .,.�. •�; yl' �A7`rrr ""��Or�A "� ..I.,+n .:.rl��� �i�� � � _-��.. -__ .{ ...5.. 6 1 � 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) u Description of Scope of Work iJ 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: ❑ 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.) iJ Signed Warrant from contractor attesting to the green aspects required of the program. ❑ Before and After photos of the project 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 Date Mail or deliver completed application with copies of required documents to: City of Palm Springs — Office of Sustainability 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Fax: 760-322-8325 or email: Diana.shgy(a)palmspringsca.gov or Michele,mician@palmsprinqsca.gov Or mail to: P.O. Box 2743, Palm Springs, CA 92263 Questions please call: 760-323-8214 7 FpALMs ti u ,fin CITY OF PALM SPRINGS EXTERIOR PROPERTY OWNER/TENANT IMPROVEMENT GRAN TS S GREEN FACADE IMPROVEMENT PROGRAM (GFIP) AGREEMENT THIS GREEN FACADE IMPROVEMENT PROGRAM AGREEMENT (the "Agreement") is made and entered into this _ day of 2011, by and between the City of Palm Springs, ("City"), and the , a ("Owner"). Collectively the City and Owner are referred to as the Parties. RECITALS A. City has established an Exterior Property Owner/Tenant Improvement Grant program for businesses within the M-1 Zoning District in the City limits of the City of Palm Springs and excluding the Downtown and Uptown Business Improvement District Area and certain neighboring redevelopment project areas, shown in Exhibit "A", excluded area map. B. Owner is the owner of a real property/business (circle one) located within the eligible area at Palm Springs, ("Property"), otherwise known as (building or business). C. Owner has applied for a Grant in the amount of $ to make exterior improvements to the Property as described in Exhibit "B," Scope of Work. D. Owner 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 Agency has reviewed the application, the evidence of financial participation by Owner, the location of the Property, and the approvals, and has approved the Grant Application. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to grant to Owner the amount of and Owner agrees to undertake the approved improvements, under the following terms and conditions: Exhibit B 1 . Property Ownership/Right to Undertake Work. Owner represents that it is the Owner of the Property or holds Tenancy in the Property which entitles it to undertake exterior physical improvements to the Property. 2. Schedule. The Parties agree that all exterior improvements shall be completed within days of the date of this Agreement. 3. Contractor. The Parties agree that Owner has sole responsibility for choosing and hiring the contractor, which shall be shown in Exhibit "D", Contractor/Vendor Agreements, and the acceptance of the material used and the work performed is Owner's responsibility, and the 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 therefore. 4. Design Approval and Permits. The Parties agree that Owner has sole responsibility for obtaining design approval and evidence of required permit approvals from the City of Palm Springs as shown in Exhibit C, and ensuring the compliance with those permits. 5. Grant Limitations. The City shall provide a Grant of up to $2,000 with no contribution from the applicant. The Grant shall be in the amount of the actual approved expenditure for the improvement described in Exhibit B or $2,000.00, whichever is less. The City does not warrant that it will pay all costs of improvements if they exceed $2,500. 6. Evidence of Completion. The Parties agree that the City will release the Grant funds upon the completion of the work by the Owner or his contractor. Evidence of completion shall include but is not limited to: photographs of the finished work; a final inspection by a representative of the City of Palm Springs; and, a copy of the final invoice for the work completed and proof of payment to the contractor. 7. Release of Liens. The Parties Agree that the Owner is responsible for obtaining the release of any Mechanics Liens or other liens placed upon Owner's property by any contractor or subcontractor hired under this program. 8. Maintenance. Owner agrees and covenants that, after the City issues its Certificate of Completion, Owner shall be responsible for maintenance of all improvements that may exist at the Property from time to time, including without limitation buildings, parking lots, lighting, signs, and walls in first-class condition Green Exterior Improvement Program 11 and repair, and shall keep the Property free from any accumulation of debris or waste materials. Owner shall also maintain all landscaping required pursuant to Property's approved landscaping plan, if any, in a healthy condition, including replacement of any dead or diseased plants with plants of a maturity similar to those being replaced. Owner hereby waives any notice, public hearing, and other requirements of the public nuisance laws and ordinances of the City that would otherwise apply. MISCELLANEOUS PROVISIONS 9. Covenant A ainst Discrimination. Owner covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 10. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention; Green Facade Improvement Program Administrator 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Owner: Palm Springs, CA 11. Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 12. Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, 13. Severabilit . 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 Green Exterior Improvement Program 1 � remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 14. Indemnification. Owner shall indemnify and hold harmless, the City of Palm Springs ("City"), the City Council, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever based and asserted upon any act or omission of the City for property damage, bodily injury, or death or any other element of damage of any kind or nature, relating to or in any way connected with participation in the Program. 15. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Owner certifies that the above statements are true and accurate to the best of Owner's belief. Failure to meet any of the terms of this Agreement shall result in the forfeiture of any Grant funds from the City for this program. Green Exterior Improvement Program 15+J' IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "City" City of Palm Springs Date: By: City of Palm Springs Date: By: Assistant City Manager 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" Date: By : ( Date: Green Exterior Improvement Program 1 �c