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HomeMy WebLinkAbout9/22/2010 - STAFF REPORTS - 2.I. Rabobank,N.A. Palm Desert Financial Service Center Rabobank Address 41-990 Cook Street Suite 701 Palm Desert CA 92211 September 20, 2010 Telephone (760)776-4100 Fax (760)776-4433 I onorable Steve Pougnet Mayor City of Palm Springs 3200 bast Tahquitz Canyon Way Palm Springs, CA 92262 Subject: Desert Valleys Builders Association - Directional Sign Program Dear Mayor Pougnet: I am writing in support of the request by the Desert Valleys Builders Association (DVBA)to administer the installation and maintenance of the real estate directional sign program in the City of Palm Springs. The sign program in the City(and most other cities in the Coachella Valley) was formerly administrated by the Desert Chapter of the Southern California Building Industry Association. The Desert Chapter no longer exists, and DVBA was formed as a trade association of local builders and other local persons and firms related to the commercial and home-building industry in the Coachella Valley(as well as the Imperial and Palo Verde Valleys). All of the board members and officers of the former Desert Chapter are now the board members and officers of the DVBA. Our members live, work, vote and do business here in the Coachella Valley. The sign program is important for the City of Palm Springs in that it standardizes directional signs for real estate developments and avoids the illegal clutter of"bootleg" signs. The sign program will also generate revenue for the local organization to further the mission of our organization and promote local economic development. Best regards, Joseph A. Hayes Vice Presidentq/xz`xo•o Commercial Banking Group _-L7-E-A4 9 •� BONAFEDE September 13, 2010 Hon. Steve Pougnet Hon. Rick Hutcheson Mon. Ginny Foat Han. Chris Mills Hon. Lee Weigel Dear Mayor Pougnet and Members of the City Council: I recently relocated my business to Palm Springs and am writing in support of the issuance of a conditional use permit to the Desert Valleys Builder Association (DVBA) for management of the City's new home residential sign program. Over the past 20 years I have worked in or with the local building industry and have been a member of the former BIA Desert Chapter since its inception. Indeed, I served as President of the chapter in 2003. Unfortunately, the BIA Desert Chapter is no more. The BIA representatives who today meet with the City are from Riverside. They are good people, and they mean well, but they are not from the Coachella Valley. Indeed, there is not a single person on the Board of Directors of the BIA Riverside Chapter who lives in the Coachella Valley. An organization is not just its name or its stationery or its website; it is the people who belong to it. The new DVBA is made up of the people whom you, the City Council, and your City Staff have always known as the BIA Desert Chapter. We, the members of DVBA, have worked with Palm Springs and the other valley cities on numerous local issues. We were an integral part of the Multi-Species Habitat Plan process, And we have managed the new home residential sign program here in the City since its creation. The people who today are moving their memberships from the BIA Riverside Chapter to the DVBA are your constituents, your neighbors, and your friends. We care about the City of Palm Springs and what happens here in a way the people from Riverside can never understand. Those from Riverside who are today claiming to represent the local building industry do not; the DVBA represents the local building industry. If there is going to be a sign program in the City of Palm Springs, I believe the DVBA should run it. Thank you for your consideration in granting a conditional use permit to DVBA for management of the sign program. Sincerely, Bruce Bonafede 2701 E Mesquite Ave,#GG177, Palm Springs,CA 92264 brace@bonafedecommunications.com Office: 760-314-0025 Cell: 760-831-5080 BMCSELECT BUILOINO MATURIALe S CONSTRUCTION SLRMEN September 13,2010 Palm Springs City Hall 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 RE: Sign Program Attention:Mayor Steve Pougnet and City Council Members: On behalf of the management of the Coachella Valley framing operation of BMCSelect,a nationwide building materials and construction services provider,we strongly support the recommendation that the city enter into an agreement with Desert Valleys Builders Association(DVBA)to administer the Palm Springs sign program. Our management team has been in business in the Coachella Valley for over 25 years and employed up to 1800 local employees during the height of the building peak. It is our goal to support our local desert interests and economy. Due to the challenging economy the local chapter of the Desert Chapter Building Industry Association(BIA) was recently closed and consolidated with Riverside. As a long standing board member of the former BIA and a member of the newly formed DVBA, I can assure you that our commitment to manage this program will remain our top priority. We thank you in advance for the opportunity to present our request to the City of Palm Springs for the award of your cities sign program and to support our local community through the DVBA. Sincerely I Mark Benedetti We Select m 45-311 Golf Center Parkway Suite 8 Indio CA 92201 - t- 760.770.3303 ... _ f'. 760.391.4230 I I I www.bmcselect.com 1 A-7 • gA&1i0 COACHELLA VALLEY n ' .•'.J r�ITV �F l � September 16,2010 Mayor Pougnet and City Council City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 re: Desert Valley Builders Association—Directional Sign Program Dear Mayor and City Council: I am writing in support of staffs recommendation that the City enter into an agreement with Desert Valley Builders Association [DVBA] for the installation and maintenance of community directional signs. The Coachella Valley Economic Partnership [CVEP] serves its investors, including the nine cities of the Coachella Valley, the County of Riverside and more than 100 private businesses by promoting and facilitating economic development and supporting projects that benefit the region while protecting the environmental resources and quality of life. We are very engaged in keeping local monies within the community,and like our recent support of Proposition 22 which protects essential local government and transportation services,we also support the DVBA and their representation of the local building industry. Regionally, it is important that we are supportive of entities and efforts that are of direct benefit to the local economy. in addition,the sign program is important for the City in that it standardizes directional signs for real estate development and avoids the illegal clutter of bootleg slgnage. Please vote to award DVBA the contract for the Community Directional Sign program in Palm Springs-this not only keeps this program local, but helps to support our regional economy. Best regards, Wesley Ahl e Chief Op g Officer 7;?•7 30 FREE wAP::N.,,L,kl"E.iut TE,06•PAL,.l DFE UT'"At IFO;?v A 922. 0 PH.i 3?O 1575' FA V.'1 C,' C. f.:'C01;1, Established in 1918 as a public agency OiiI Coachella Valley Water District _„ Directors: t3tficers: Patricia A.Larson,President Steven 6,Robbins,Gerleiai(0l o'ger-Chief Engineer Peter Nelson,Vice President Julio Fernandez,Board 5ec:retcry Yeilis Colekas Franz W.De Klotz Redwine and Sherrill,Attorneys Russell Kitahara September 15, 2010. File: 0022.913 1150.06 Palrn Springs City Council 3200 E. Tahquitr Canyon. Way Palm Springs, CA 92262 Dear Council Members: Subject: .Desert Valle)Ls Builders Association-Direction S.i n Program The Coachella Valley.Water District(CVWD) provides domestic water, wastewater, recycled water, irrigation/drainage, regional stonnwater protection and groundwater management services to a population of 265,000 throughout the Coachella Valley in Southern California. CVWD liar been providing;water resource services to the Coachella Valley since 1918, CVW13 supports the request by Desert Valleys Builders Association (DVBA) to administer the installation and maintenance of community directional signs in the City of Palm Springs (City).. DVBA was formed by local builders, developers and supporting businesses/agencies upon the dissolution of the Desert Chapter of the Building;Industry Association. The DVBA Board of Directors includes all the former board members and officers of the Desert Chapter. DVBA members live, work and vote here in the Coachella Valley. CVWD provides essential services to the development communities throughout the Coachella Valley. We have worked closely with the City and its developers/builders for many years. CVWD is local and we recommend the City of Palm Springs enter into an agreement for the direction sign program with.DVBA---a local association. Thank you for your support. 1f you have any questions, please do not hesitate to call Yne at 760-398-2661, extension 2263. Yours very truly, o t*- St ve obbins General Manager-Chief Engineer cc: James Brownyard,.DVBA :r9 U. c,hleng�.rb,_j\210IOAWBA-PSprings City Council Sign PrQgM,m • 0 p • • •1 1° • w/ r• I'atrida G.Oygar Desert Water Agency 1'resident 1200 Gene Autry Trail South G T"homas Kieley,III P.O. Box 1710 Vice President D ES E,RT:;,WAT E R 44 Palm Springs,CA 92263-1710 JamesCioff r (" I'�j Q: S ) Y Ronald E.Starrs Telephone 323 497 Fax 760 315-65-6505 www.dwa.org Craig A.Ewing C David K.Luker General Manager Chief Engineer Best,Best&Krieger General Counsel Krieger&Stewart September 16, 2010 Consulting,Engineers Palm Springs City Council P.O. Box 2743 Palm Springs, CA 92263 RE: DESERT VALLEYS BUILDERS ASOCIATION — DIRECTION SIGN PROGRAM Dear Council Members: Desert Water Agency ("DWA") provides domestic water, wastewater, recycled water, and groundwater management services to a population primarily in Palm Springs and Cathedral City. DWA has been providing water resource services to the Coachella Valley Since 1961. DWA supports the request by Desert Valleys Builders Association ("DVBA") to administer the installation and maintenance of community directional signs in the City of Palm Springs. The DVBA was formed by local builders, developers, and supporting businesses and agencies after dissolution of the Desert Chapter of the Building Industry Association. The DVBA Board of Directors includes all the former board members and officers of the Desert Chapter. DVBA members live, work, and vote here in the Coachella Valley. DWA provides essential services to the development communities throughout our service area in the Coachella Valley. We have worked closely with the City and its developers/builders for many years. DWA is local, and we recommend the City of Palm Springs enter into an agreement for the direction sign program with the DVBA—a local association. Thank you for your support. If you have any questions, please do not hesitate to contact me by phone at (760) 323-4971. Sincerely, DESERT WATER AGENCY David K. Luker General Manager-Chief Engineer DKL/ilt CC' James Brownyard, DVBA u.r rrrorFr..sr'ILur:er NOBLE & COMPANY, LLC September 17, 2010 Honorable Steve Pougnet Mayor _... City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: Desert Valleys Builders Association Directional Sign Program Dear Mayor Pougnet: This letter is in support of the request by the Desert Valleys Builders Association (DVBA) that the City of Palm Springs enter into an agreement whereby DVBA will install and maintain signs which will direct interested parties to various developments within the City. A similar program was started years ago by the Desert Chapter of the Building Industry Association of Southern California. The Desert Chapter is no longer in existence and the entire 24 member Board of Directors, including all officers, of that organization have joined in forming DVBA. By entering into the requested agreement with DVBA, the City of Palm Springs will assure continuity in the operation of the directional sign program. Furthermore, since the DVBA is a locally based and staffed organization, funds generated by it are invested and spent locally. The local companies and individuals that the City of Palm Springs has worked with over the years are now part of the DVBA and we look forward to continuing that long standing relationship. Please feel free to contact me with any questions or comments that you may have. Sincerely, Thomas S. Noble Cc: Rick Hutcheson, Mayor Pro Tem Ginny Foat, Councilmember Chris Mills, Councilmember Lee Weigel, Councilmember David H. Ready, City Manager 34360 Gateway Drive, Palm Desert, CA 92211 Tel. (760) 770-3100 • Fax (760) 770-3199 • noblecompanyllc@aol.com www.noblecomr)anvllc.com � O) PROswACTIVE Land Development Changing ,the way we build the future. September 15,2010 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, 92262 Re: Desert Valley Builders Association Direction Sign Program Dear Honorable Mayor and City Council Members: Pro-Active has been involved in the Building Industry for the past six years in the local Valley,`.,, personally have severed as the local Chapter President and have served as a Board member for thle previous BIA organization as well as the new organization DVBA. I am a full supporter to keep all relationships and revenues local to support the local organization. I am writing in support of the City to enter into an agreement with Desert Valleys Builders Association (DVBA)for the installation and maintenance of community directional signs. The sign program in the City was formerly administered by the Building Industry Association Desert Chapter. Desert Chapter no longer exists, and DVBA was formed as a trade association of local builders and other persons and firms related to the commercial and home-building industry in the Coachella and Imperial Valley's. All of the board members and officers of the former Desert Chapter are now the board members and officers of the DVBA. Our members live, work,vote and do business in the Coachella Valley. The sign program is important for the City to preserve standardized directional signs for new home real estate developments. The sign program will also generate revenue for the DVBA which will exclusively be used locally to further the mission of our organization. I am a board member of the DVBA and a local Developer. It is the local builders and developers such as my company that stay the course in both good and bad times and we welcome your support to ensure the sign program stays with local controls with local benefits. Thank you for your consideration and we look forward to a continued productive relationship with the City of Palm Springs. Sincerely, Edward L.Torres President 810 N. Farrell Drive, Palm Springs, CA 92262 760-327-5284 Fax 760-327-5630 www.ProActiveGreen.com Email: torres@ProActivebsi.com JEFF WATTENBARGER CONSTRUCTI N - - 79-575 Mandeville Road,Bermuda Dunes,CA 92203 Phone: (760)578-7375 *Fax: (760)345-2730 `ef(a-)-,vattenbar erconst.com September 15, 2010 Palm Springs Mayor and City Council Palm.Springs City Hall 3200 East"rahquitz Canyon Way Palm Springs, CA 92262 RE: Desert Valley Builders Association--Directional Sign Program Dear Mayor Pougnet and Council Members: As a local.builder, Board Member and former president of the Building Industry Association, I am writing this letter to support an agreement between our new organization, Desert Valley Builders Association(DVBA)and the City of Palm Springs for the installation and maintenance of community directional signs. As some of you are aware,in order to effectively serve the pertinent interests of the cities of the Coachella Valley, we were forced to separate from the Building Industry Association of Southern California. All the Board members and officers of the former Desert Chapter are now Board members and officers of the DVBA. We have successfully run the sign program for many years, and it is an important source of revenue,allowing the organization to further support local programs. Please seriously consider the action to award the contract to the DVBA to install and maintain these signs as in the past. We thank you in advance for your support. Sincerely, Jef teen ger Owner Jeff Wattenbarger Construction Company Desert Valley Builders Association.--Board of Directors Habitat for Humanity—Board of Directors Coachella Valley Regional Housing Trust—Board of Directors 2009 Prism.Industry header.Award 2007& 2008 Prism Awards for Best New Custom Homes Jeff Wattenbarger Construction celebrates its 34t`Anniversary C , .. PREDERICK W. NOBLE September 20, 2010 P(esidPrir/(EO Steve Pougnet Mayor, City of Palm Springs 3 200 East Tahquitz Canyon Way Palm Springs, Ca 92262 Re: Desert Valleys Builders Association Directional Sign Program Dear Mayor Pougnet: This letter is in support of the request by the Desert Valleys Builders Association (DVBA) that the City of Palm Springs enter into an agreement whereby DVBA will install and maintain signs which will direct interested parties to various developments within the City. A similar program was started years ago by the Desert Chapter of the Building Industry Association of Southern California. The Desert Chapter is no longer in existence and the entire 24 member Board of Directors, including all officers, of that organization have joined in forming DVBA. By entering into the requested agreement with DVBA, the City of Palm Springs will assure continuity in the operation of the directional sign program. Furthermore, since the DVBA is a locally based and staffed organization, fiends generated by it are invested and spent locally. The local companies and individuals that the City of Palm Springs has worked with over the years are now part of the DVBA and we look forward to continuing that long standing relationship. Please feel free to contact me with any questions or comments that you may have. Sincerely, ✓ mil/ Frederick W. oble President/CEO cc: Rich Hutcheson, Pro Tem Ginny Foat, Councilmember Chris Mills, Councilmember Lee Weigel, Councilmember David ff. Ready, City Manager If)91; 1h)i0o Fril,r� (; .yan (';i;�, ';,i :;1:� s'ftlin S4rin(;s, (:ilifo(nia 92262 lw,rea (11601) 323 1),150 - kix (7„0) 113 0688 WKAA DEATLOPMENT P i September 17, 2010 Palm Springs City Council 3200 E. Tahquitz Canyon Way Palm Springs, 92262 Re: Desert Valley Builders Association Directional Sign Program Dear Council Members: I am writing to express my support of the transfer of the administration and maintenance of the existing new home kiosk directional sign program to the Desert Valleys Builders Association (DVBA). The sign program in the City (and most other cities in the Coachella Valley) has been administered by the Building Industry Association Desert Chapter. Desert Chapter no longer exists, and DVBA was formed as a trade association of local builders and other persons and firms related to the commercial and home-building industry in the Coachella Valley(as well as the Imperial and Palo Verde Valleys). All of the board members and officers of the former Desert Chapter are now the board members and officers of the DVBA. Our members live, work,vote and do business in the Coachella Valley. The sign program is important for the City to preserve standardized directional signs for new home real estate developments and avoid the illegal clutter of"bootleg"signs. The sign program will also generate revenue for the DVBA which will exclusively be used locally to further the mission of our organization. I am a board member of the DVBA and a local builder with a current project in the city. In these challenging times the network of local professionals and the image we promulgate throughout the valley is very important. It is the local builders such as my company that stay the course in both good and bad times and we welcome your support to ensure the sign program stays with local controls with local benefits. Thank you for your consideration and we look forward to a continued productive relationship with the City of Palm Springs. Very truly yours, Bruce D. Maize President BDM/me 42575 Melanie Place, Suite S, Pahn Desert, CA 92211 office (760) 568-28.50/Fax (760) .568-2855 AM bA I desert valleys builders association 4 34-500 Catteway'Drive, Suite 100, Palm Desert California 922.9:1. xa lu BO.Rf)(4, rc rrzs September 21,2010 n r,"p° Dear Mayor Pougnet and Council Members v�4,pn�r r. ..ipn cl t r�.iri•-t•ulF;.!+•.� , I•nas.,at), We are pleased to inform you that on Thursday, September 9,the "„r;s Palm Desert City Council voted to approve an agreement with the Desert Valleys Builders Association to manage the Directional M9 (:irrc v crr;a lr np:a'' Sign Program within the City of Palm.Desert. The vote was 4-0. St wc bi rllcr We wish to thank all the members of the Palm Desert City Council Vi,r NU 1 1O,I 0i, , ,A:,>r,; — Mayor Cindy Finerty, Mayor Pro Tem. Jim Ferguson, and ,,c,a,li.,:v,:t Council members Jean Benson and Bob Spiegel for their support ............... in this decision, W'a ;x!iineu f 6,:r,8c:rtc:ber�'i The Desert Valleys Builders Association (DVBA) will now l Aii,mr,.dex.li„g approach each of our valley cities with the same request,to enter tipsy "'r3,.:""`' Andy into an Agreement with the DVBA for the .man ement and YeP:all maintenance of a Directional Sign. Program in each city's Tait a-w" "randol'(':ainriilis indt..n, jurisdiction. We hope you will join with the City of Palm Desert in acknowledging that DVBA is the organization you can trust to ,11:', v- Ie manage this program in your City's interest. An organization is not just its name; it is the people who belong to f!/KID;SCL•3tlr,::i riu':v'::{�+r:i'G!.,t 41 it. Our DVBA is made up of your residents, neighbors, Dan alivie= constituents,and friends. We go to and support the same events MaaLGr;+:;ii,r�r:C1%I�.Hr.vriz;)..l,d' N,:,,'a r,ar.: �, you do. We pay local payrolls,we contribute to local charities,we ,t,„P,..:,:, live here and love this valley just like you do. Which is why we muwaiz mm; i„K,,;,, worked with you under the "BIA Desert Chapter name so ,ft,w`r'°""how in` successfully for all these years. Pro-A Kir:laae+ll>ave(c,rtrt,a;; Please help us Continue to do the good work you've always iK4;+eCi expected from the local building industry, now under the name of ldle e,"`{:r u . Desert Valleys Builders Association. Please vote to allow us to 11 d�;xt rr r..anainc:uzrt maintain and �7 manage y "our city s Si Program. Sincerely, Tom DuBose DVBA President . ............. . .. ........ ......... ......... ��F P A-L M SAP iy V N a>oeyeo `,FOVt CITY COUNCIL STAFF REPORT DATE: SEPTEMBER 22, 2010 Consent Calendar SUBJECT: REQUEST BY DESERT VALLEYS BUILDERS ASSOCIATION TO PROVIDE INSTALLATION AND MAINTENANCE SERVICES ON DIRECTIONAL REAL ESTATE SIGNS FROM: David H. Ready, City Manager BY: The Planning Department SUMMARY The City has received a request from the Desert Valleys Builders Association (DVBA) to enter into a contract for DVBA to install and maintain directional real estate signs in the City. Presently the City contracts with the Building Industry Association for this service. STAFF RECOMMENDATION 1. Direct staff to provide the required 30-day notice of termination to the Building Industry Association on its contract to install and maintain directional real estate signs. 2. Direct staff to execute a contract with the Desert Valleys Builders Association to install and maintain direction real estate signs based on the draft contract provided by the DVBA, made effective upon termination of the current contract with the BIA and subject to approval by the City Attorney. PROJECT DESCRIPTION On October 14, 1997, the City Council approved an agreement with the Building Industry Association to install and maintain off-site directional real estate sigsn throughout the City. On April 3, 2002, March 15, 2006, and again on March 3, 2010, the City granted four-year extensions contract such the contract would now expire March 31, 2014. Item No. 2. 1 . City Council Staff Report September 22, 2010 Desert Valleys Builders Association-Proposed Contract for Signs Page 2 of 2 Since the latest contract extension, the BIA has undergone significant change at the local level, resulting in consolidation of offices. The Coachella Valley Chapter of the BIA no longer exists, and the most local offices are now located in Orange County. At the local level, a new organization has formed called the Desert Valleys Builders Association. Made up of many former BIA members, the DVBA seeks to provide local representation to the Coachella Valley construction industry. The City has received DVBA's request to take over the contract for the installation and maintenance of directional real estate signs. The Council may contract with any responsible party for the maintenance and installation of directional real estate signs. FISCAL IMPACT: No fiscal impact. aig A. wi g, A CP Thomas J. I son Director o Planning Services Assistant City Manager, Dev't Svcs David H. Ready City Manager ATTACHMENTS 1. Proposed draft contract 2. Letter from Desert Valleys Builders Association AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF COMMUNITY DIRECTIONAL SIGNS IN THE CITY OF PALM SPRINGS This Agreement is entered into by and between the City of Palm Springs, California, hereinafter the "City", and the Desert Valleys Builders Association, a California nonprofit mutual benefit corporation, hereinafter "DVBA", located at 34500 Gateway Drive, Suite 100, Palm Desert, CA 92211, with reference to the following: A. The City has determined that there is a current and continuing need for the construction of directional kiosks ("Sign Kiosks") at such locations throughout the City as may be authorized by the Director of Community Development, B. DVBA desires to manufacture, erect, maintain, repair as needed, and replace the authorized Sign Kiosks as well as the directional panels to be mounted on them. Following receipt of the herein requested approval by the City, DVBA will [use commercially reasonable efforts to] enter into agreements to provide individual panels to its members as well as to other developers and builders of housing developments. C. City desires that DVBA encourage its members and others in the building industry to use the Sign Kiosks contemplated herein as the primary method of directional advertising for housing developments within the City. NOW, THEREFORE, the parties agree as follows: 1. DVBA shall, within 45 days of issuance of a permit by the City, erect the authorized number of Sign Kiosks and complete the installation of said signs at such locations as approved by the City. The Sign Kiosks shall be manufactured in accordance with the following specifications: A. Each Sign Kiosk structure shall not exceed six feet in width and ten feet in height. Individual directional panels shall be constructed so as to conform to the size and design of the Sign Kiosk. In no event shall individual panels exceed 12 inches by 72 inches. B. All directional panels mounted on a Sign Kiosk shall be of the same design and shall match artwork approved by the Director of Community Development. C. Each directional panel content shall be limited to a directional arrow and the name of the Builder or Developer and/or the name of the community or subdivision. D. Each Sign Kiosk shall provide space for one directional sign panel indicating the location of public buildings, public facilities or public services if so requested by the City, including but not limited to such facilities as parks, schools and public buildings. The City agrees to reimburse DVBA for its actual costs of producing and maintaining such panels. Page 1 of 4 3 E. Attached hereto as Exhibit A is a diagram of the Sign Kiosk structure and individual directional panels. All structures erected hereunder shall conform to this diagram. F. Sign Kiosks shall be located in such manner as to not obscure vehicular sight-distance at street intersections as determined by the Director of Community Development. 2. DVBA shall obtain Sign Kiosk right-of-way permits from the City as may be required. Whenever possible, the City shall allow several sign locations to be combined on a single permit. 3. In the event any Sign Kiosk is to be erected on private property, DVBA shall obtain the written consent from the landowner for the installation and maintenance of the structure including a provision giving the City the right to enter the property and remove the sign for noncompliance with any City code. A copy of said consent shall be filed with the Director of Community Development prior to City approval of the Sign Kiosk. Any private property rental or license fees required shall be paid by DVBA. 4. DVBA agrees to reimburse the City for any costs reasonably incurred in administering this Agreement. 5. It shall be the sole responsibility and liability of the DVBA to maintain, repair and/or replace each Sign Kiosk or panel as necessary so that they remain in good condition and repair. Additionally, at any time as the City may notify DVBA in writing that repairs are needed to a particular Sign Kiosk or panel, DVBA agrees that it shall repair or replace said Sign Kiosk or panel within five business days of its receipt of such written notice. 6. It is the intent of both parties that all off-site directional Sign Kiosks are to be installed and maintained in accordance with the City's zoning ordinance and this Agreement. DVBA further recognizes the City's desire to limit use of outdoor advertising for housing developments, and agrees to use good faith efforts to discourage the use by DVBA's members and other builders and developers of temporary signs, A-frame signs and any other outdoor advertising devices erected, installed or maintained contrary to the City's ordinances. DVBA agrees to use its best efforts with its members and others in the building industry to secure maximum compliance with the City's ordinances and to avoid proliferation of temporary or otherwise prohibited signs. 7. In the event that the Sign Kiosk program herein described is deemed to be prohibited by any applicable law, all Sign Kiosks within the City shall be promptly removed and this Agreement shall terminate without liability to the City. In the event that the City is made a party to any suit seeking damages as a result of the removal of said Sign Kiosks and the termination of the Agreement, DVBA shall indemnify and hold the City, its officials and. employees free and harmless of all costs, claims, and damages that may result there from. Page 2 of 4 4 8. DVBA agrees that it will not allow any third party to make addition to, or attach any tag, sign, streamer, device, display board or other appurtenance to either Sign Kiosks or panels. 9. Throughout the term of this Agreement, DVBA agrees to maintain in full force and effect property damage and public liability insurance covering the Sign Kiosks and panels attached. thereto in the amount of$1 million and shall name the City as an additional insured on said policy. 10. In the event that it becomes necessary to physically move one or more of the Sign Kiosk structures, DVBA agrees to promptly move said Sign Kiosk(s) at its sole cost and expense and to reinstall it as such new location as directed and authorized by the City. 11. This Agreement shall automatically renew on a year-to-year basis, subject to the right of either party to terminate this Agreement upon giving the other party at least 30 days written notice of termination prior to the renewal date. In the event of a termination, the City shall have a 30-day right to purchase from DVBA all of the Sign Kiosk structures and panels for an amount equal to DVBA's cost(s) thereof. If the City does not exercise this right, DVBA agrees to forthwith remove any and all such structures upon written notice from the City. if DVBA fails to remove such structures within 30 days after the mailing of such notice, the City may remove any and all such structures left in place and destroy them and the City shall not be liable for damages therefor. 12. No provision in this Agreement is to be interpreted for or against either party because that party or its legal representative drafted such provision. 13. Any and all notices or other communications required or permitted by this Agreement or by law to be served on, given or delivered shall be deemed served when personally delivered to the party to whom it is addressed or in lieu of such personal service two days after deposited in the United States mail, first class, postage prepaid, addressed as follows: To the City: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Director of Community Development To DVBA: Desert Valleys Builders Association 34500 Gateway Drive, Suite 100 Palm Desert, CA 92211 Attn: Executive Officer Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided for above. Page 3 of 4 5 14. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. 15. The invalidity of any portion of this Agreement will not affect the validity of any other provision or portion of this Agreement. If any term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each term, provision or part hereof shall be valid and enforceable to the full extent permitted by law. 16. This Agreement shall be construed in accordance with the laws of the State of California. Dated: City of Palm Springs By: Its: Dated: Desert Valleys Builders Association By: Page 4 of 4 c Al M lea c, "'41it e 100, r,:I D v%t ars d': ,Ili t"wniar'72711 y July 14, 201.0 Honorable Steve Pougnet RECEIVED j UL 19 10 0 Mayor City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: Desert Valleys Builders Association Directional. Sign Program Dear Mayor Pougnet: The purpose of this letter is to formally advise you of the current activities of the Desert Valleys Builders Association (DVBA) and to request your Council's consideration of our request that Palm Springs participate in our newly formed directional sign program. DVBA is a locally based and managed association formed by Coachella Valley and Imperial Valley builders, as well as a large number of contractors and other firms which are involved in the building and development industry, Our members, directors and officers are all local business people who have been associated, in many cases for decades, with one another as well as with our local government and agency officials. Palm Springs currently has a sign program with the Building Industry Association of Southern California which is located in Orange County. That .program was founded and administered by a local, Palm Desert based, chapter which is no longer in existence. The DVBA has established a directional sign program which will benefit local cities and builders as well as our organization. Based on the experience of our members and staff, it is clear that local administration is key to the success of a program of this type. Also, keeping the revenue generated from this enterprise and the jobs that it will create in the local economy is critical. Accordingly, we are requesting that cities within our territories join with us in this vital effort. We in the DVBA believe that the appropriate procedure for July 14,2010 Page 2 of 2 accomplishing this will be for the City-to exercise its right to cancel the existing;sign program contract by giving the requisite thirty (30) days written notice and, after that cancellation is effective, enter into a new agreement with DVBA. Enclosed please find a draft agreement for your review and comment, Thank you fir your attention to this request. Please feel free to contact us with any questions or comments that you may have. Very Truly Yours, Desert Valleys.Builders Association Tam Dubose President. ill 'N R September 9, 2010 (Via: US mail and email) CA) Mayor and City Council Members James Thompson, City Clerk Department City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: -City Council's Consideration; Community Directional Sign Program-- Honorable Mayor and City Council Members: GHA Companies has been an active Builder and Developer in the City for the past twenty years. We have had the honor of working with all the fine local people who managed and ran the local Building Industry here in our Valley for over a decade. These fine folks now have formed our own local organization Desert Valleys Builders Association (DVBA) to service the interest of all of our local Builders and Developers, and for the benefit of all companies involved in the Building Industry. Although we at GHA Companies do not have any plans for new construction in the City until start of Q-1 2011 , the past community directional sign program was a huge asset to our company and the success of home sales. I fully support the action that scheduled to take place Tuesday, September 22, 2010 at your scheduled City Council meeting, I emphatically support that DVBA be awarded the contract to install and maintain these signs. I have the upmost trust in their ability and management team. Please vote "YES' and award DVBA the contract to take over the Community Directional Sign program in your city, this not only keeps this locally but supports ur local economy. Than yo in advance and kind regards. XA Mari J Gonzales GHA Companies President/ CEO 30-875 Date Palm Drive, Suite C, Cathedral City California 92234 Phone: (760) 322-3422 Fax: (760) 322-6333 www.ghacomparii.es.com