HomeMy WebLinkAbout5.4 Outdoor Operations Grant Program Agreement for INC 82 Brewingr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 5.4
DATE:
TO:
FROM:
SUBJECT:
November 19, 2024
Honorable Mayor and City Councilmembers
Colleen Tribby, City Manager
Outdoor Operations Grant Program Agreement for INC 82 Brewing Prepared
by: Felicia Escover, Economic Development Manager
EXECUTIVE SUMMARY:
The City Council will consider approving an Outdoor Operations Grant Program Agreement for the
owner of INC 82 Brewing, 7400 Amador LLC. The grant would fund exterior improvements,
including pavement restriping and costs associated with materials and labor for creating an
outdoor gathering area. It would also cover eligible staff time and materials related to the
entitlement process that would otherwise be charged to the business owner.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Outdoor Operations Grant Program Agreement Between the
City of Dublin and 7400 Amador LLC.
FINANCIAL IMPACT:
There is sufficient funding available in the adopted Fiscal Year 2024-25 operating budget for this
expenditure.
DESCRIPTION:
The Outdoor Operations Grant Program is an endeavor of the City to support local dining,
drinking, and retail establishments within Dublin by facilitating the establishment or
enhancement of permanent outdoor seating and operations. Reimbursement is available for
various eligible expenses related to these outdoor operations.
Under the Program, tenants with approved planning permits for improvements for permanent
outdoor seating can apply for a grant of up to $50,000. Additionally, permit fees, including staff
time associated with the processing of the permit may be waived. Applications are accepted on a
first -come, first -served basis, contingent on available funding.
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Economic Development Committee Consideration
On October 15, 2024, the Economic Development Committee reviewed an application from the
business owner, INC 82 Brewing. The applicant requested grant funding to support improvements
including synthetic grass installation, parking lot coating and restriping, black iron fencing,
pergola materials, ADA-compliant truncated domes, and other enhancements, all of which have
received an approved Site Development Review Waiver from the Planning Division.
The Committee reviewed the application, and by consensus, recommended City Council approval
of a $50,000 grant. This recommendation aligns with the Committee's role in providing policy
guidance and direction on economic development initiatives.
STRATEGIC PLAN INITIATIVE:
Strategy 1: Economic Development, Small Business Support, and Downtown Dublin
Objective A: Support the implementation of the 2024 Economic Development Strategy,
including pursuing growth industries.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a copy of this Staff Report was sent to the applicant.
ATTACHMENTS:
1) Resolution Approving an Outdoor Operations Grant Program Agreement Between the City of
Dublin and 7400 Amador LLC
2) Exhibit A to the Resolution - Outdoor Operations Grant Program Agreement Between the City
of Dublin and 7400 Amador LLC
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Attachment I
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN OUTDOOR OPERATIONS GRANT PROGRAM
AGREEMENT BETWEEN THE CITY OF DUBLIN AND 7400 AMADOR LLC
WHEREAS, the City of Dublin established the Outdoor Operations Grant Program
("Program") as part of the City's Business Recovery Playbook to support local economic
recovery following the COVID-19 pandemic; and
WHEREAS, the City Council officially codified the Program on May 7, 2024, through
Resolution No. 31-24 to further assist local dining, drinking, and retail establishments by
enhancing or establishing outdoor seating and operations; and
WHEREAS, the Program offers grants of up to $50,000 to eligible businesses for
approved permanent outdoor improvements and may waive related permit fees, including staff
time for permit processing; and
WHEREAS, 7400 Amador LLC, the business owner of INC 82 Brewing at 7370 San
Ramon Road, has submitted an application requesting Program funding to support
improvements, including parking lot restriping, synthetic grass installation, black iron fencing,
pergola materials, ADA-compliant truncated domes, and other enhancements; and
WHEREAS, the Economic Development Committee reviewed the application on
October 15, 2024, and recommended City Council approval of a $50,000 grant to support the
eligible project costs and permit -related staff time; and
WHEREAS, the City Council finds that this Agreement serves a public purpose by
promoting outdoor operations, enhancing local business resiliency, and supporting the long-
term economic health of Dublin's business community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve an Outdoor Operations Grant Program Agreement between the City of Dublin
and 7400 Amador LLC, the business owner of INC 82 Brewing, attached hereto as Exhibit A;
and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement, in substantially the form attached, and to make any minor modifications to the
Agreement as necessary to carry out the intent of this Resolution.
{Signatures on the following page}
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 3
PASSED, APPROVED AND ADOPTED this 19th day of November 2024, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2
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Attachment 2
Exhibit A to the Resolution
OUTDOOR OPERATIONS GRANT PROGRAM
AGREEMENT BETWEEN THE CITY OF DUBLIN AND 7400 AMADOR LLC
THIS OUTDOOR OPERATIONS GRANT PROGRAM AGREEMENT ("Agreement") dated November 19,
2024, the date of execution by the City (the "Effective Date") is entered into by and between the City of
Dublin, a public body corporate and politic ("City") and 7400 Amador LLC, business owner ("Owner" and
"Applicant").
RECITALS
A. The City created the Outdoor Operations Grant Program ("Program") as part of its
Business Recovery Playbook to support local businesses by promoting outdoor operations. The Program
was codified by the City Council on May 7, 2024, via Resolution No. 31-24.
B. The Applicant owns the property at 7370 San Ramon Road (the "Site") and has submitted
an application to the City under the Program Guidelines for a grant to establish an outdoor gathering area.
Proposed improvements include synthetic grass installation, parking lot restriping, black iron fencing,
pergola materials, ADA-compliant truncated domes, and other enhancements.
C. The City has determined that both the Applicant and the Project meet the Program's
eligibility criteria.
D. The City desires to enter into this Agreement to assist in enhancing the Site's outdoor
operations, promoting economic growth and vitality in Dublin, supporting business traffic, and strengthening
the local business environment.
E. Applicant desires to enter into this Agreement with City to receive assistance in making
certain improvements to the Site, and City is willing to do so on the terms and conditions set forth in this
Agreement.
AGREEMENT
NOW, THEREFORE, City and Applicant hereby agree as follows:
Section 1. GENERAL.
1.1 Term. This Agreement shall begin on the Effective Date and expire five (5) years following
the Applicant's approval of contractor's notice of completion ("Term").
Section 2. IMPROVEMENT OF THE SITE.
2.1 Scope of Work. Applicant shall complete the proposed project in accordance with the
Scope of Work attached hereto as Exhibit A (the "Project").
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2.2 Outdoor Operations Program Grant Funds. The City agrees to reimburse to the Applicant a
sum not to exceed fifty thousand dollars ($50,000.00) (the "Grant Amount"), for certain eligible improvements
(the "Eligible Improvements") as set forth below:
a. The Grant Amount may be used only to fund those Eligible Improvements identified in Exhibit
B attached hereto.
b. All services to be performed by a third -party contractor shall be the subject of agreement
between Applicant and the third -party contractors. The City shall not assume any liability for
such agreements. The Applicant shall submit to the City all invoices from the contractor or
contractors for work performed on the Eligible Improvements in order to receive
reimbursement.
c. A representative of the City shall inspect the completed Project after a notice of completion
has been submitted to the City.
d. The City will only issue the Grant Amount after the Project has been completed. Upon
determination by the City's representative that Project has been completed in conformance
with the Scope of Work (Exhibit A) and the City approvals, the City shall issue a check
made payable to the Applicant in an amount equal to the lesser of the Grant Amount or the
actual amount of the invoices submitted to the City by the Applicant. The City Manager in
his or her sole discretion may issue the Grant Amount at an earlier time than set forth in
this Section 2.2(d), if the Applicant can demonstrate good cause.
e. Any and all costs of the Project including, but not limited to the Eligible Improvements,
which are in excess of the Grant Amount, shall be the sole responsibility of, and be borne
by, the Applicant.
2.3 Permits and Approvals. Before commencement of the Project, Applicant shall secure or
cause to be secured any and all permits which may be required by the City and any other governmental
agency affected by such construction or work.
2.4 Commencement of the Project. Within 60 days after the Effective Date, Applicant shall
have selected and authorized one or more contractors to complete the Project, and shall have provided
notice to the City of such selection and authorization. In the event the Applicant fails to select and
authorize a contractor or contractors to complete the Project within such 60-day period, the City may, at its
option, terminate this Agreement upon written notice to the Applicant. In such event, neither party shall
have any further rights against or liability to the other in connection to this Agreement. All contractors
performing work on the Project must be licensed in the State of California.
2.5 Building Permit. A Building Permit must be obtained within six months of the Effective
Date. In the event the Applicant fails to obtain a Building Permit within such six-month period, the City may,
at its option, terminate this Agreement upon written notice to the Applicant. In such event, neither party
shall have any further rights against or liability to the other in connection to this Agreement. An additional
six-month extension may be approved with the City's prior written consent. Notwithstanding the foregoing,
no work shall be performed prior to both 1) issuance of the Building Permit and 2) approval of this
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Agreement by the Dublin City Council. Any work performed prior to both building permit issuance and City
Council approval will not be eligible for reimbursement.
2.6 Completion of the Project. Applicant shall complete the Project and satisfy all other
obligations and conditions of this Agreement within 120 days of building permit issuance. This completion
date is subject to revision from time to time as mutually agreed upon in writing between Applicant and the
City Manager, or their designee. Upon completion, Applicant shall require contractors' completion notice
signed by the contractor. When the Project is completed as set forth in this Agreement, a notice of completion
shall be delivered to and approved by the Applicant. Notice of completion shall then be delivered to the City as
set forth in this Section 2.6.
Section 3. INSURANCE REQUIREMENTS.
Before fully executing this Agreement, Applicant, at its own cost and expense, unless otherwise
specified below, shall procure the types and amounts of insurance listed below against claims for injuries to
persons or damages to property that may arise from or in connection with the performance of the work
hereunder by the Applicant and its agents, representatives, employees, and subcontractors. Consistent
with the following provisions, Applicant shall provide proof satisfactory to City of such insurance that meets
the requirements of this section and under forms of insurance satisfactory in all respects, and that such
insurance is in effect prior to beginning work. Applicant shall maintain the insurance policies required by
this section throughout the term of this Agreement. Applicant shall not allow any contractor to commence
work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s)
and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED
INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO
EXECUTION. Applicant shall maintain all required insurance listed herein for the duration of this
Agreement.
3.1 Workers' Compensation.
3.1.1 General Requirements. Before beginning any work under this Agreement, Applicant and
its contractor(s) shall, at its sole cost and expense, maintain Statutory Workers'
Compensation Insurance and Employer's Liability Insurance for any and all persons
employed directly or indirectly by contractor. The Statutory Workers' Compensation
Insurance and Employer's Liability Insurance shall be provided with limits of not less than
$1,000,000 per accident. In the alternative, contractor may rely on a self-insurance
program to meet these requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-
insurance program meets the standards of the California Labor Code shall be solely in the
discretion of the Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
3.1.2 Submittal Requirements. To comply with Subsection 3.1, Applicant shall submit the
following:
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a. Certificate of Workers' Compensation Insurance in the amounts specified in the section for
all contractor(s) performing work related to the Project; and
b. Waiver of Subrogation Endorsement as required by the section for all contractor(s)
performing work related to the Project.
3.2 Commercial General and Automobile Liability Insurance Requirements. Before beginning
any work under this Agreement, Applicant and its contractor(s) shall procure "occurrence coverage"
insurance against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Applicant or its contractor and its agents,
representatives, employees, and subcontractors. Applicant shall provide proof satisfactory to City of such
insurance that meets the requirements of this section and under forms of insurance satisfactory in all
respects to the City. Applicant shall maintain the insurance policies required by this section throughout the
term of this Agreement. Applicant shall not allow any contractor or subcontractor to commence work on
until Applicant has obtained all insurance required herein for the contractor or subcontractor(s) and
provided evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than
or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to
City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the
minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The
additional insured coverage under the Applicant's policy shall be "primary and non-contributory" and will not
seek contribution from City's insurance or self-insurance and shall be at least as broad as CG 20 10. In the
event Applicant fails to maintain coverage as required by this Agreement, City at its sole discretion may
purchase the coverage required and the cost will be paid by Applicant. Failure to exercise this right shall
not constitute a waiver of right to exercise later.
3.2.1 Commercial General and Automobile Liability Insurance.
3.2.1.1 General requirements. Applicant and all contractors and subcontractors,
at their own cost and expense, shall maintain commercial general and automobile
liability insurance for the term of this Agreement in an amount not less than TWO
MILLION DOLLARS ($2,000,000.00) per occurrence, combined single limit
coverage for risks associated with the work contemplated by this Agreement. If a
Commercial General Liability Insurance or an Automobile Liability form or other
form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Such
coverage shall include but shall not be limited to, protection against claims arising
from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including
the use of owned and non -owned automobiles.
3.2.1.2 Minimum scope of coverage. Commercial general coverage shall be at
least as broad as Insurance Services Office Commercial General Liability
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occurrence form CG 0001. Automobile coverage shall be at least as broad as
Insurance Services Office Automobile Liability form CA 0001 Code 1 ("any auto").
No endorsement shall be attached limiting the coverage.
3.2.1.3 Acceptability of Insurers. All insurance required by this section is to be
placed with insurers with a Bests' rating of no less than A:VII.
3.2.1.4 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
Any failure of Applicant to comply with reporting provisions of the policy shall not
affect coverage provided to City and its officers, employees, agents, and
volunteers.
3.2.1.4.1 An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt requested,
has been given to the City. Applicant shall notify City within 14 days of notification
from Applicant's insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
3.2.1.4.2 For Applicant's contractors and subcontractors, an endorsement for
completed operations for the construction project, such as the CG 20 37
"Additional Insured —Owners, Lessees or Contractors —Completed Operations"
endorsement form, shall be submitted by Applicant to the City no later than 30
days after completion of the Project.
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3.2.1.5 Submittal Requirements and Verification of coverage. Applicant shall
furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The City reserves the right to require complete, certified copies of all
required insurance policies and endorsements. Failure to exercise this right shall
not constitute a waiver of right to exercise later.
a. Prior to execution of this Agreement, Applicant shall submit:
i. Certificate(s) of Commercial General Insurance and Automobile
Liability Insurance; and
ii. Additional Insured Endorsement such as CG 20 10 "Designated
Person Or Organization Endorsement".
b. Prior to commencement of the Project as described in Section 2.4.,
Applicant shall furnish City with contractor's certificates of insurance and with
original endorsements effecting coverage required herein.
3.2.1.6 Contractors and Subcontractors. Applicant agrees to include with all
contractors or subcontracts the same requirements and provisions of this
Agreement including the Indemnification and Insurance requirements to the extent
they apply to the scope of the Subcontractor's work. Contractors or subcontractors
hired by Applicant agree to be bound to Applicant and the City in the same manner
and to the same extent as Applicant is bound to the City under the Contract
Documents.
3.2.1.7 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
3.2.1.8 Deductibles and Self -Insured Retentions. Applicant and its contractor(s)
shall disclose to and obtain the written approval of City for the self -insured
retentions and deductibles before beginning any of the services or work called for
by any term of this Agreement. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self -insured retentions as respects the
City, its officers, employees, and volunteers; or the Contractor shall provide a
financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
3.2.1.9 Wasting Policies. No policy required by this Section 3 shall include a
"wasting" policy limit (i.e. limit that is eroded by the cost of defense).
3.2.1.10 Endorsement Requirements. Each insurance policy required by this
Section 3 shall be endorsed to state that coverage shall not be canceled by either
party, except after 30 days' prior written notice has been provided to the City.
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3.2.1.11 Excess Insurance. The limits of insurance required in this Agreement may
be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for the
benefit of City (if agreed to in a written contract or agreement) before City's own
insurance or self-insurance shall be called upon to protect City as a named
insured.
3.2.1.12 Notice of Reduction in Coverage. In the event that any coverage required
by this section is reduced, limited, or materially affected in any other manner,
Applicant shall provide written notice to City at Applicant's earliest possible
opportunity and in no case later than five days after Applicant is notified of the
change in coverage.
3.2.2 Term of Coverage. Applicant, at its own cost and expense, shall maintain all insurance
policies required by this Agreement for the duration of the Agreement's Term. Applicant shall require that
all contractors and subcontractors, at their own cost and expense, maintain the insurance policies required
by this Agreement until the Project is complete and the Applicant accepts contractors completion notice.
3.2.3. Remedies. In addition to any other remedies City may have if Applicant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein required,
City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies
City may have and are not the exclusive remedy for Applicant's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Applicant to stop work under this Agreement or withhold any payment that
becomes due to Applicant hereunder, or both stop work and withhold any payment,
until Applicant demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 4. PREVAILING WAGES.
Applicant shall require any contractors performing work under this Agreement to pay prevailing
wages pursuant to the requirements of the California Labor Code, Section 1771, et seq. For the purpose of
this Agreement, prevailing wages are the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker
needed to execute this Agreement as ascertained by the Director of the Department of Industrial Relations
of the State of California. The holidays upon which such rates shall be paid shall be all holidays recognized
in the collective bargaining agreement applicable to the particular craft, classification, or type of worker
employed on the project.
The Contractors and each subcontractor shall keep an accurate payroll record showing the name,
address, social security number, work classification, straight time and overtime hours worked each day and
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week and the actual per diem wages paid to each journeyman, apprentice, worker or other employee
employed by the Contractors or subcontractors in connection with the Project. The payroll records shall be
kept in accordance with the provisions of Section 1776 of the California Labor Code, and Contractor and
each subcontractor shall otherwise comply with requirements of such Section 1776.
Section 5. MAINTENANCE COVENANTS.
The Applicant covenants and agrees, for itself, its successors, its assigns and every successor in
interest to the Site or any part thereof, that the Applicant will maintain, at Applicant's own cost and expense,
the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and
repair, and will keep the Site free from any accumulation of debris and waste materials. Any damage to the
building visible from the street is to be repaired immediately. The Applicant shall promptly touch up painted
areas and perform any other repairs needed to maintain an attractive building appearance, including
cleaning all awnings, if any, at least once a year.
The foregoing covenants shall remain in effect for a period of 60 months from the completion of the
Project. During this 60-month period, Applicant agrees, for itself, its successors, its assigns and every
successor in interest, that it will not materially alter the improvements made with City funds, without the
prior written consent of City which consent may be conditioned by City to preserve those features to the
extent necessary to achieve the objectives of City for entering into this Agreement. Any violation of this
section not cured within 60 days shall entitle City to reimbursement of the funds granted by City from the
person or entity responsible for the violation.
5.1 Improvements Cannot Be Removed by Applicant Without City's Consent. All Eligible
Improvements will become permanent fixtures of the property and cannot be removed by Owner upon
expiry or termination of the lease of current tenant at the Site or sale of the property. Exceptions can be
made with the prior written consent of the City. Any violation of this section not cured within 60 days shall
entitle City to reimbursement of the funds granted by City from the person or entity responsible for the
violation.
Section 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Applicant and its Contractor and any subcontractors
shall comply with all laws applicable to the performance of the work hereunder.
6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Applicant shall comply with all applicable rules and
regulations to which City is bound by the terms of such fiscal assistance program.
6.4 Licenses and Permits. Applicant represents and warrants to City that its Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of
whatsoever nature that are legally required to practice their respective professions. Applicant represents
and warrants to City that its Contractor and its employees, agents, any subcontractors shall, at their sole
cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and
approvals that are legally required to practice their respective professions. In addition to the foregoing,
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Applicant shall obtain and maintain during the term of this Agreement valid Business Licenses from City
and Applicant's Contractor and any subcontractors shall obtain and maintain a valid Business Licenses
from City during the construction phase of the project.
6.5 Nondiscrimination and Equal Opportuniy. Applicant and its Contractor and any
subcontractors shall not discriminate, on the basis of a person's race, sex, gender, religion (including
religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical
condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed,
pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran
status, or any other classification protected by applicable local, state, or federal laws (each a "Protected
Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract,
or participant in, recipient of, or applicant for any services or programs provided by Applicant under this
Agreement.
Section 7. GENERAL PROVISIONS.
7.1 Rights of Access. Representatives of the City shall have the reasonable right to access
the Site, without charges or fees, for the purpose of inspecting the Project, including the Eligible
Improvements. City (or its representatives) shall, except in emergency situations, give Applicant
reasonable advance notice prior to exercising its rights herein. Nothing herein shall be deemed to limit the
ability of the City to conduct code enforcement and other administrative inspections of the Site in
accordance with applicable law.
7.2 Compliance with Laws. Applicant shall carry out the Project in conformity with all
applicable federal, state and local laws, including Labor Code requirements; City zoning and development
standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's Municipal
Code; and all applicable disabled and handicapped access requirements, including the Americans with
Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government
Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
7.3 Assignment. Applicant shall have the right to assign all of its rights and obligations under
this Agreement, provided however that any such assignment shall be effective only upon receipt by City of
written notice of the assignment.
7.4 Notices, Demands and Communications between the Parties. Any approval, disapproval,
demand, document or other notice ("Notice") which either party may desire to give to the other party under
this Agreement must be in writing and shall be given by certified mail, return receipt requested and postage
prepaid, personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to
whom the Notice is directed at the address of the party as set forth below, or at any other address as that
party may later designate by Notice.
To City:
100 Civic Plaza, Dublin, CA 94568
Attention: City Manager
Phone: (925) 833-6650
Email: city.manager@dublin.ca.gov
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Docusign Envelope ID: B5C76976-7DC9-4C99-A5A5-BODD37FDE3D5
To Applicant:
7370 San Ramon Road, Dublin, CA 94568
Attention: John Samples
Phone: (408) 398-4807
Email: jspizzainc@gmail.com
Any Notice shall be deemed received on the date of delivery if delivered by personal service, on
the date of delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date
of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally
recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed
delivered by such party.
7.5 Relationship between City and Applicant. It is hereby acknowledged that the relationship
between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not
be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly
provided herein or in the Attachments hereto, City shall have no rights, powers, duties or obligations with
respect to the development, operation, maintenance or management of the Site or the Eligible
Improvements. Applicant agrees to indemnify, hold harmless and defend City from any claim made against
City arising from a claimed relationship of partnership or joint venture between City and Applicant with
respect to the development, operation, maintenance or management of the Site or the Eligible
Improvements.
7.6 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, contains the entire understanding between the parties relating to the
transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged in this Agreement and shall be of no further
force or effect.
7.7 Modifications. Any alteration, change or modification of or to this Agreement, in order to
become effective, shall be made in writing and in each instance signed on behalf of each party.
7.8 Conflicts of Interest. No member, official or employee of City shall have any personal
interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in
any decision relating to the Agreement which affects his or her personal interests or the interests of any
corporation, partnership or association in which he or she is directly or indirectly interested.
7.9 Applicant's Indemnity; Waiver. Applicant shall indemnify, defend (with counsel reasonably
acceptable to City), protect and hold City, and its officers, employees, agents and representatives,
harmless from, any and all Claims of any kind or nature arising out of the Project or this Agreement or the
implementation hereof, including, but not limited to, any damages to property, injuries to persons or
accidental death (including reasonable attorneys' fees and costs), which may be caused by the work
performed under this Agreement or any activities associated with the Project, whether such activities or
work is performed by Applicant or by anyone directly or indirectly employed or contracted with by Applicant.
Applicant's indemnity obligations under this section shall survive termination of this Agreement. Applicant's
indemnity obligations under this section shall not extend to claims, demands, damages, defense costs or
liability for property damage, bodily injury or death occasioned by the active negligence or willful
misconduct of the City, or its officers, employees, agents or representatives.
Outdoor Operations Grant Program Agreement Between City of Dublin
and 7400 Amador LLC Page 10 of 12
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Docusign Envelope ID: B5C76976-7DC9-4C99-A5A5-BODD37FDE3D5
Applicant hereby waives, releases and discharges forever the City, and its employees, officers,
volunteers, agents and representatives, from any and all present and future Claims arising out of or in any
way connected with this Agreement, the performance of the work, or Applicant's obligation to comply with
all laws with respect to the work.
7.10 Non -liability of Officials and Employees of City. No member, official or employee of the
City shall be personally liable to Applicant, or any successor in interest, in the event of any default or
breach by City or for any amount which may become due to Applicant or its successors, or on any
obligations under the terms of this Agreement.
7.11 Applicable Law. The laws of the State of California, without regard to conflict of laws
principles, shall govern the interpretation and enforcement of this Agreement.
7.12 No Third Party Rights. This Agreement is made and entered into solely for the benefit of
the City and Applicant and no other third party shall have any right of action under this Agreement.
7.13 Disclosure of Documents. Applicant acknowledges that the City is subject to the
provisions of the California Public Records Act and that any information submitted to the City may be
disclosed to the extent required by law.
7.14 Liability. Owner is wholly liable for any Claims arising out of this Agreement.
7.15 Termination. In addition to City's right to terminate under Section 2.4 and 2.5, City or
Applicant may terminate this Agreement upon written Notice to the other in the event that the other party
fails to comply with its obligations under this Agreement.
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Outdoor Operations Grant Program Agreement Between City of Dublin
and 7400 Amador LLC Page 11 of 12
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Docusign Envelope ID: B5C76976-7DC9-4C99-A5A5-BODD37FDE3D5
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY:
CITY OF DUBLIN, a municipal corporation
By:
Colleen Tribby, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to form:
John D. Bakker, City Attorney
APPLICANT:
7400 AMADOR LLC, a business
By:
,-Docusigned by:
"- 7CB091 D506BC446.
John Samples, Business Owner
Outdoor Operations Grant Program Agreement Between City of Dublin
and 7400 Amador LLC Page 12 of 12
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Docusign Envelope ID: B5C76976-7DC9-4C99-A5A5-BODD37FDE3D5
EXHIBIT A
SCOPE OF WORK
Located at 7370 San Ramon Rd, this property in Dublin, California, is set for improvements to enhance
both its aesthetic appeal and functionality. Planned upgrades include installing synthetic grass for a
designated outdoor area, restriping the parking lot, and adding black iron fencing, shade sails, and ADA-
compliant features. These enhancements aim to create a welcoming environment, support tenant retention,
and promote long-term economic growth by providing an additional space for community gatherings, further
elevating the property's value and appeal within the community.
Outdoor Operations Grant Program Agreement between City of Dublin
and 7400 Amador LLC Exhibit A - Page 1
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Docusign Envelope ID: B5C76976-7DC9-4C99-A5A5-BODD37FDE3D5
EXHIBIT B
ELIGIBLE IMPROVEMENTS
The applicant is the property owner of 7370 San Ramon Rd in Dublin, California (A.P.N. 941-0040-014-01),
and will carry out several outdoor improvements to enhance the site's appeal and functionality. Planned
enhancements include:
• Installation of synthetic grass to create an inviting outdoor gathering area.
• Restriping of the parking lot to improve accessibility and organization.
• Addition of black iron fencing and shade sails to enhance aesthetics, comfort, and safety for visitors.
• Installation of ADA-compliant features to ensure accessibility for all community members.
Outdoor Operations Grant Program Agreement between City of Dublin
and 7400 Amador LLC Exhibit B - Page 1
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