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HomeMy WebLinkAboutFEP - Presage Real Estate - 73811 El Paseo4 O co ZO m aZ r U D a m B ^ 13 V g 0 m 0, m H 0 PD-A8 0 NOI1VN313 H 73811 EL PASEO PALM DESERT, CA, PD-A9 73811 El Paseo APN: 627-271-002 Date: 11/2013 • VICINITY MAP m NO3 CD O 1 O 3 r+ m CD 0 c m m 0) 0• z ao cD a) t r O 1 NOI1VA313 z 0 z 1 1 m m m 0 z m v D m m 0 m m 1 0 z PD-Al2 3 PD-A13 ���.-����:;��:�:._:,�,:�--����,,��� � �:� ���µ ��,.,���� ;l.c��... .,�.;G�� � � .�-. � � ��� :� :� � .��,�/ ��:..��./� �f � ;; a .. �� t� , ., � - , �':;�� ��;L �x t � � ;r CITY OF PALM D S �'��"� . , ,�,. .. ..�.T� .?._...�,�_ ..:,�.,.�.,�:�..R:._ � _ ��..�. ��,;�-�:,�:�� :.�;.�.�:,W.�-���:._:� STAFF REPORT REQUEST: CONSIDERATION OF FAC�ADE ENHANCEMENT PROGRAM (FEP) FUNDING FOR PROJECT LOCATED AT 73-811 EL PASEO SUBMITTED BY: Martin Alvarez, Director of Economic Development APPLICANT: Justin Baldwin (Presage) 73811 EI Paseo Palm Desert, CA 92260 DATE: December 12, 2013 CONTENTS: Aerial Location Map Photos of Existing Building / Proposed Elevations FEP Agreement Recommendation By Minute Motion: 1. Approve the Farade Enhancement Program Agreement in the amount not to exceed $75,000 for property located at 73-811 EI Paseo. 2. Appropriate $75,000 from the Economic Development Fund 425 for the subject Fa�ade Enhancement Program project. Executive Summary Approval of the request will approve a FEP funding agreement in the amount of $75,000 for building farade improvements for property within the guidelines of the Fa�ade Enhancement Program. Denial of the request will not approve the FEP funding. Backqround In October of 2013, the City Council approved the revised Fa�ade Enhancement Program Guidelines and reinstated the program funding with approximately $800,000 to be secured from the sale of two city properties. The guidelines set funding allocation of 80% to Highway 111 properties and 20% to EI Paseo sites on a first come, first serve basis. Staff Report FEP for 73-811 EI Paseo Page 2 of 4 December 12, 2013 Proposed FEP Proiect 73-811 EI Paseo The project site is located at 73-811 EI Paseo, east of San Luis Rey. The existing building is two-stories with approximately 7,100 square feet of retail / office space. The building was originally constructed in 1989 and has been occupied by various retail tenants since that time. Escada, a high-end women's apparel store, was the most recent tenant in the building, but relocated to the west end of EI Paseo and the building has remained vacant for nearly two years. The property owner is proposing significant architectural modifications to the property's exterior, interior, the landscaping and the rear parking lot. The exterior improvements include renovation to all four building elevations, including modifications to the building's roof lines and a new color scheme. The project also includes new landscaping improvements and the addition of covered parking to 10 existing rear parking spaces. Architectural Modifications: Specifically, the property owner proposes exterior architectural changes to the existing building including the following: The front fa�ade will be altered to include: • Changes to the building's main entry design. • Changes to the building's second story design and roofline. • New storefront window system. • New exterior plaster finish. • New stainless steel panels with a brushed finish. • New metal canopy above the main entry. • New awnings above the window display areas. • Removal of the building's existing cornice. The rear fa�ade will be altered to include: • Changes to the building's rear entry design. • New window system. • New exterior plaster finish. • New stainless steel panels with a brushed finish. • New metal canopy above the rear entry. Attached please find the plans that illustrate the extent of the exterior fa�ade changes. Once the improvements are complete, a new retailer will occupy the site known as G:IEcon DevelopmentlFacade Enhancement Piogram173B11 El Paseo-Presage RE-BaldwinlFEP12-12-13 73811-EI Paseo.doc Staff Report FEP for 73-811 EI Paseo Page 3 of 4 December 12, 2013 "Presage", seller of inen and women's apparel/accessories. The estimated construction cost is $1.5M. FEP Eligibility: The proposed fa�ade enhancement site has a linear frontage of 150 feet. The current FEP guidelines allow for standard sized lots (60-foot frontage, 12,000 square feet) to receive consideration for half the cost of improvements to a maximum of $40,000. Larger than standard-sized FEP projects are eligible for consideration of additional funds based on $5,000 per each additional 10 feet of frontage above 60 feet, with a maximum of $75,000, subject to City Council approval. The size of this property makes it eligible for FEP consideration funds up to $75,000. The FEP is intended to assist property owners improve their building facades, improve the City's image and create a better business environment for visitors and residents. In order to qualify, the improvements must be significant, approved by the City's Architectural Review Commission and are subject to City Council approval. Although this property is not in major disrepair, the site is being significantly updated and improved. The proposed improvements will modernize the building with contemporary features that complement the EI Paseo corridor. The property owner is investing over $1.5M and bringing in a new retail tenant to a building that has remained vacant for nearly two years. Staff recommends approval of the FEP grant funding in the amount not to exceed $75,000, consistent with the current FEP guidelines. Committee Reviews: On October 22, 2013, the Architectural Review Commission approved the design of the fa�ade and site improvements, subject to the design of the shade structure and awnings returning for approval. The motion carried on a 6-0-0-2, with Commissioners Lambell and Vuksic absent. G:IEcon DevelopmentlFacade Enhancement ProgramV3811 EI Paseo-Presage RE-BaldwinlFEP12-12-13 73811-EI Paseo.doc Staff Report FEP for 73-811 EI Paseo Page 4 of 4 December 12, 2013 Fiscal Analvsis In June 2013, the City Council established a new Economic Development Fund with future funds committed to the Fa�ade Enhancement Program. Fund 425, Capital Projects has been established and the initial funds will come from the sale of two City owned properties known as the former Visitor Center located (Highway 111 and Monterey Avenue) and the Joni Corporation Yard. The sale of the Joni Yard is now complete and funds for this FEP project are available in Fund 425. Submitted By: in Alvarez, Dire tor of Economic Development Revi e By: CITY COUNCILA�ON APPROVED nE�Efl RECEIVED OTHER MEETI G TE "� — Paul S. Gibson, Director of Finance AYFS: ` r NOE5: ABSENT: roval: AI3STAIN: VCRIF[ED BY: , Original on File with City Cl 's Oftice o n M. Wohlmuth, City Manager G:IEcon DevelopmentlFacade Enhancement Program173811 EI Paseo-Presage RE-BaldwinlFEP12-12-13 73811-EI Paseo.doc FACADE ENHANCEMENT AGREEMENT THIS FACADE ENHANCEMENTAGREEMENT("Agreement"), madethis day of , 20 , between Presage Real Estate, LLC, a California limited liability company hereinafter called the "Owner" and the CITY OF PALM DESERT, a municipal corporation, hereinafter called the "City". NOW, THEREFORE, the parties agree as follows: BASIC PROVISIONS The Owner is the owner of the following certain real property hereinafter referred to as the "Property" whose address is: 73-811 EI Paseo, Palm Desert, CA 92260 The Property is more fully described as that certain real property situated in the City of Palm Desert, County of Riverside, State of California, described as follows: Lot 2 in Block "U" of Palm Desert, as per map recorded in Book 21, Pages 50 through 54, inclusive, of Maps, in the Office of the County Recorder of said county. APN: 627-271-002-1 Owner's address for Notices if different from Property Address: Justin Baldwin Presage Real Estate, LLC 11680 Chimney Rock Road Paso Robles, CA 93446 RECITALS This Agreement is entered into with reference to the following facts: A. The City desires that the Improvements be made to the Property and is willing to assist the Owner therein, in accordance with this Agreement. B. The Owner is willing to make the Improvements and to convey an easement to the City, in accordance with that certain Facade Easement dated the same date and G:\Econ Development\Facade Enhancement ProgramV3811 EI Paseo-Presage RE-Baldwin\FEP-Agreement 73811 EI Paseo.doc � C. Completion of the Improvements constituting the Project pursuant to this Agreement is in the best interests of the Agency and the City, and the health, safety and welfare of residents and taxpayers of the City, and is in accord with the public purposes and provisions of applicable state and local laws. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS. Section 1.1. Definitions. The following terms, as used in this Agreement, shall have the meanings given unless expressly provided to the contrary: 1.1.1. City Consideration means the funds to be delivered by the City to the Owner upon the satisfactory completion of the Improvements. 1.1.2. Aqreement means this Facade Enhancement Agreement. 1.1.3. City means the CITY OF PALM DESERT, a municipal corporation. 1.1.4. Improvements mean the permitted improvements allowable under the provisions and guidelines of the City of Palm Desert Facade Enhancement Program. 1.1.5. Project means the construction of the Improvements upon the Property. 1.1.6. Certification means the Certification of Completion (orPortion of Completion) Facade Enhancement Improvement form. ARTICLE 2. DEVELOPMENT OF THE PROPERTY. Section 2.1. Title to the Propertv The Owner represents and warrants that it possesses a fee simple interest in the Property as of the date of the execution of this Agreement. Section 2.2. Development of the Property 2.2.1. Taxes,Assessments, Encumbrances and Liens. The Owner shall pay when due all real property taxes and assessments assessed or levied on the Property and any improvements thereon. Nothing herein contained shall be deemed to prohibit the Owner from contesting the validity or amounts of any tax assessment, encumbrance or lien, or to limit the remedies available to the Owner in respect thereto. 2.2.2 Local, State and Federal. The Owner shall carry out the construction of the Improvements in conformity with all City permits and all applicable laws. G:1Econ DevelopmentlFacade Enhancement ProgramV3811 EI Paseo-Baldwin\FEP-Agreement 73811 EI Paseo.doc 2 2.2.3 Nondiscrimination Durinq Construction. The Owner shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the construction of the Improvements. 2.2.4. Cost of Construction. The cost of developing and constructing the Improvements shall be borne solely by the Owner and shall not be an obtigation of the City. 2.2.5. Scope of Development. The Owner hereby agrees to construct the Improvements on the Property in accordance with and within the limitations established in the City of Palm Desert's Facade Enhancement Program, it being agreed that construction of the Improvements is of the essence of this Agreement in view of the need for the Improvements within the City. In connection with such construction, the Owner shall comply with the plans and presentations, as approved by the Architectural Review Commission on and acceptable to the City of Palm Desert's Facade Enhancement Program. The City's obligation to deliver to the Owner the City Consideration is expressly contingent upon the satisfactory completion by the Owner of the Improvements in accordance with the plans and specifications previously accepted by the City. 2.2.6. Chanqes in Construction Drawinqs. If the Owner desires to make any changes in the Final Construction Drawings and related documents after their approval by the City, the Owner shall obtain all necessary City approvals and shall submit evidence of the same to the City of Palm Desert's Facade Enhancement Program for acceptance. 2.2.7 Citv Sipn Riqhts. Throughout the course of construction of the Improvements, the Owner shall place a temporary sign on the Property, in a form approved by the City, indicating the City's participation in the rehabilitation of the Property. 2.2.8 City Publicitv Riqhts. City may publicize the participation of the Owner and Property in the Facade Enhancement Program. ARTICLE 3. CONSIDERATION TO OWNER. Section 3.1. City Consideration for the Owner's conveyance and delivery to the City of the Facade Easement, upon the timely completion of the construction of the Improvements in accordance with this Agreement, following inspection and approval by the City and upon receipt by the City of proper invoices or other written evidence of payment by the Owner that is acceptable to City, the City shall pay or deliver to the Owner or pay or deliver on behalf of the Owner, one-half of the costs incurred by the Owner in connection with the development and construction of the Improvements, including permit fees paid to the City, services provided by the City's employees, independent contractors and agents, and professional and materials costs, but shall not exceed $ in the aggregate. City may deny payment if City staff determines that the costs are not reasonable or that insufficient documentation exists as evidence of payment by the Owner G:1Econ Development\Facade Enhancement ProgramV3811 EI Paseo-Baldwin\FEP-Agreement 73811 EI Paseo.doc 3 for improvements at the Property. Any amounts previousiy paid or delivered to or on behalf of the Owner by the City for costs in connection with the development of the Improvements, such as architect fees, shall be deducted from the foregoing described payment. Section 3.2. City may terminate this Facade Enhancement Agreement and the Facade Easement at City's sole discretion if substantial Improvements exceeding ten percent(10%) of the overall proposed Improvements are not commenced within ninety(90) days or if all Improvements are not completed within one hundred eighty (180) days. ARTICLE 4. TRANSFERS AND SECURITY INTERESTS. Section 4.1. Limitation As To Transfer of the Propertv and Assiqnment of Aqreement 4.1.1. If prior to the acceptance by City of the Improvements and Certification thereof, the Owner desires to assign, transfer or encumber the Property or any of the Owner's rights in this Agreement to or in favor of any person or entity, no such assignment or transfer by the Owner shall be attempted without the prior written approval of the City. The City agrees to consider transfers, assignments or encumbrances proposed by the Owner to assist in the development of the Improvements in accordance with this Agreement, provided that the Owner shall remain fully liable to the City as provided in this Agreement until acceptance by City of the Improvements, and further provided, in the case of a transfer of the Property, that such transferee, by instrument in writing satisfactory to the City, and in a form recordable for itself and its successors and assigns and for the benefit of the City, shall expressly assume all of the obligations of the Owner under the Facade Easement and this Agreement, and shall agree to be subject to all the conditions and restrictions to which the Owner is subject hereunder. Such assumption shall not eliminate or reduce any of the obligations of the Owner under this Agreement. 4.1.2. The prohibitions of this Section 4.1 shall not apply to the Property subsequent to acceptance by City of the Improvements and Certification thereof, nor to a sale of;he Property at foreclosure (or to a conveyance thereof in lieu of a foreclosure). The provisions of this Section 4.1 shall not be deemed to prevent the granting of easements or permits to facilitate the development and construction of the Improvements, nor to prohibit or restrict the leasing of any part or parts thereof for terms commencing after acceptance by City of the Improvements and Certification thereof. ARTICLE 5. USE OF THE PROPERTY. Section 5.1. Uses. The Owner covenants and agrees for itself, its successors and assigns that during construction and thereafterthe Owner, such successors and assignees shall use the Property in accordance with all applicable laws. The Owner shall not use the Property for any uses prohibited by applicable City zoning ordinances or resolutions. Section 5.2. Obliqation to Refrain from Discrimination. There shall be no G:1Econ DevelopmentlFacade Enhancement Program173811 EI Paseo-Baldwin\FEP-Agreement 73811 EI Paseo.doc q discrimination against or segregation of any person, or group of persons, on account of sex, marital status, age, handicap, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, and the Owner (itself or any person claiming under or through the Owner) shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees thereof or any portion thereof. Section 5.3. Form of Nondiscrimination and Non-seqregation Clauses. The Owner shall refrain from restricting the rental, sale or lease of the Property or any portion thereof, on the basis of sex, age, handicap, marital status, race, color, religion, creed, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses: 1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lese, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or any per�on claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry, in the leasing, subleasing, transferring, use, or enjoyment of the land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants or vendees in the land herein leased.' 3. In contracts relating to the sale or transfer of the Property or any interest therein: "There shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, age, handicap, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, lessees, subtenants, sublessees or vendees of the land." G:\Econ DevelopmentlFacade Enhancement ProgramV3811 EI Paseo-Baldwin\FEP-Agreement 73811 EI Paseo.doc 5 Section 5.4. Effect and Duration of Covenants. Afterfinal inspection and approval, all of the terms, covenants, agreements or conditions set forth in this Agreement pertaining thereto shall cease and terminate co-terminus with the termination date of the Fa�ade Easement (five years, commencing on the date of recordation of the Fa�ade Easement and ending on the date that is five years thereafter. ARTICLE 6. DEFAULTS, REMEDIES AND TERMINATION. Section 6.1. Defaults - General. 6.1.1. Subject to the extensions of time set forth in Section 7.7, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction, or remedy with reasonable diligence and during any period of curing shall not be in default. 6.1.2. The non-defaulting party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 6.1.3. Except as otherwise expressly provided in this Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Section 6.2. Legal Actions. 6.2.1. Institution of Legal Actions. In addition to any other rights or remedies provided in Section 6.5, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in either the Superior Court of the County of Riverside, State of California, or in an appropriate municipal court in that County. 6.2.2. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. G:\Econ DevelopmentlFacade Enhancement ProgramV3811 EI Paseo-Baldwin\FEP-Agreement 73811 EI Paseo.doc g 6.2.3. Acceptance of Service of Process. If any legal action is commenced by the Owner against the City, service of process on the City shall be made by personal service upon the Executive Director or Secretary, or in such other manner as may be provided by law. If any legal action is commenced by the City against the Owner, service of process on the Owner shall be made by personal service upon either party identified as the Owner, or in such other manner as may be provided by law, whether made within or without the State of California. Section 6.3. Riqhts and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party. Section 6.4. Inaction Not a Waiver of Default. Except as expressly provided in this Agreement to the contrary, any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Section 6.5. Remedies. 6.5.1. If either party defaults with regard to any of the provisions of this Agreement, the non-defaulting party shall serve written notice of such default upon the defaulting party. If the default is not commenced to be cured within ten (10) days after service of the notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement thereof, then the defaulting party shall be liable to the non-defaulting party for any damages caused by such default, and (i)the non- defaulting party may thereafter commence an action for damages against the defaulting party with respect to such default, and/or (ii) the non-defaulting party, at its option, may thereafter commence an action for specific performance of the terms of this Agreement pertaining to such default. 6.5.2. If the Owner shall assign or attempt to assign this Agreement, or shall sell, transfer, convey, assign, or lease the Property, in violation of this Agreement,then the City, at its option and upon 30 days written notice to the Owner, may terminate this Agreement. ARTICLE 7. GENERAL PROVISIONS. Section 7.1. Insurance. 7.1.1. Owner agrees to procure and maintain liability and property damage insurance throughout the term of the Agreement and any extension thereof in the following G:1Econ DevelopmentlFacade Enhancemenl Program\73811 EI Paseo-Baldwin\FEP-Agreement 73811 EI Paseo.doc 7 minimum limits: Bodily Injury $ 500,000 each person $1,000,000 each occurrence $1,000,000 aggregate products & complete operations Property Damage $ 200,000 each occurrence $ 500,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. 7.1.2. The Owner shall procure and maintain, at his sole expense, Worker's Compensation Insurance in such amounts as will fully comply with the laws of the State of California or obtain Certificates of Insurance evidencing the above insurance coverage from all contractors. The Certificate of Insurance shall provide that said insurance may not be amended or canceled by the carrier, for nonpayment of premiums or otherwise,without ten (10) days prior written notice of amendment or cancellation to Owner. 7.1.3. The Owner shall indemnify, hold harmless and defend the City and its officers and employees, from and against all claims, damages, losses, and expenses, including but not limited to attorneys fees, arising out of or resulting from construction of the Improvements, regardless of whether or not such claim, damage, loss or expense is cause in part by the City. In claims against the City by any employee or subcontractor of the Owner, the indemnification obligation under this Section 7 shall not be limited by a limitation upon amount or type of damages, compensation or benefits payable by or for the Owner under worker's compensation, disability, or other benefits laws. Section 7.2. Notices, Demands and Communications Between the Parties. Notices, demands and communications befinreen the City and the Owner shall be deemed sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the City and the Owner. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Section 7.3. Conflicts of Interest. No member, official or employee of the City or the Agency shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement that is prohibited by law. Section 7.4. Warrantv Aqainst Payment of Consideration for Aqreement. The Owner warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, engineers and attorneys. G:1Econ DevelopmentlFacade Enhancement Program\73811 EI Paseo-Baldwin\FEP-Agreement 73811 EI Paseo.doc 8 Section 7.5. Warranty Aqainst Collusion with Paid Parties. The Owner warrants that it has not, nor will not in connection with this Project, enter into any agreement whereby a paid party that Owner requests Consideration from City returns to Owner some portion of said payment in any manner whatsoever. Section 7.6. Nonliability of Aqencv and City Officials. No member, official or employee of the Agency or the City shall personally be liable to the Owner, or any successor in interest of the Owner, in the event of any default or breach by the City or for any amount which may become due to the Owner or successor or on any obligation under the terms of this Agreement. Section 7.7. Enforced Delay: Extension of Times of Performance. In addition to specific provisions of this Agreement, delay in performance by either party hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; or any other causes beyond the control or without the fault of the party claiming an extension of time to perForm. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. If, however, notice by the party claiming such extension is sent to the other party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty(30)days prior to the giving of such notice. Section 7.8. Approvals by City and Owner. Wherever this Agreement requires the City and the Owner to approve any contract, document, plan, proposal, specification, drawing or other matter, such approval shall not unreasonably be withheld. Section 7.9. Plans and Data. Where the Owner does not proceed with the construction of the Improvements, and when this Agreement is terminated with respect thereto for any reason, the City shall be entitled to retain any and all plans and data pertaining thereto which are in the possession of the City to the extent such plans and data are not confidential or contain proprietary information. Section 7.10. Entire Agreement, Waivers and Amendments. The Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement, together with all attachments and exhibits hereto, constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. Any waiver or modification of any provision of this Agreement must be in writing and signed by the party to be charged. Acceptance by the City of this Agreement is evidenced by the signature of its City Manager. G:\Econ DevelopmentlFacade Enhancement ProgramV3811 EI Paseo-Baldwin\FEP-Agreement 73811 EI Paseo.doc 9 IN WITNESS WHEREOF, the Owner has entered into this Agreement as of the day and year first above written and has hereunto duly executed this document the day of , 20 OWNER: Presage Real Estate, LLC Justin Baldwin The City accepts this Agreement as of the day of , 20 CITY OF PALM DESERT, A Municipal Corporation By: John M. Wohlmuth, City Manager G:\Econ Development\Facade Enhancement Program173811 EI Paseo-Presage RE-Baldwin\FEP-Agreement 73811 EI Paseo.doc 10 Klassen, Rachelle From: Alvarez, Martin Sent: Wednesday, December 11, 2013 1:47 PM To: Klassen, Rachelle Subject: FW: Presage Hi Rachelle, Per our discussion yesterda�r. Below is the email from the applicant's representative requesting continuance until the Jan. 9t meeting. Thanks. Martin From: Alvarez, Martin Sent: Tuesday, December 10, 2013 1:42 PM To: 'David Prest' Cc: Wohlmuth, John Subject: RE: Presage We will continue the item until the January 9t" meeting. Thanks for the update. Martin �_,_..._,..___.�. ._.._._,..__..__,___. _.,....._.._�,._....... From: David Prest [mailto:davidpCc�prestvuksicarchitects.comJ Sent: Tuesday, December 10, 2013 1:36 PM To: Alvarez, Martin Subject: Presage Martin Please delay the Presage item on the council agenda until the Jan. 9 meeting when the owner can be there. Thanks David Prest Prest Vuksic Architects 44-530 San Pablo Ave,Suite 200 Palm Desert, CA 92260 T.760.779.5393 F. 760.779.5395 www.p restvu ks i ca rch itects.com 1