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HomeMy WebLinkAboutReso 181-13 Comm Facade Grant 7111 Vlg Pky RESOLUTION NO. 181 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT WITH KHALED AND AMAL ABURAHMA RELATING TO FACADE IMPROVEMENTS TO BE PERFORMED ON A PROPERTY LOCATED AT 7111 VILLAGE PARKWAY WHEREAS, for decades, state and local governments have used economic development incentives to attract or retain jobs and/or improve the local tax base; and WHEREAS, the City Council of the City of Dublin adopted Resolution No. 216-11 on December 20, 2011, which Resolution established a Commercial Façade Improvement Grant Program ("Program") intended to improve the physical appearance of the Downtown Dublin Specific Plan Area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road, encourage the retention of existing businesses, as well as increase property values, tenant stability, and lease rates for the property; and WHEREAS, the Program authorizes the City of Dublin to enter into agreements with commercial property owners, or tenants with long-term leases (five or more years remaining on the lease at the time a Program application is submitted) to apply for either 1) a mini-grant for reimbursement of up to $5,000; or 2) a matching grant, that provides a reimbursable matching grant of two-thirds (67%) of eligible project costs, up to a maximum of$70,000; and WHEREAS, property owner owns certain real property located at 7111 Village Parkway (APN: 941-0210-014-00), ("the Property"), located in the City; and WHEREAS, the property owner intends to improve the facade of the Property. These improvements include painting the entire building; installing rain screen siding; and installing new doors and windows; and WHEREAS, the City Council finds that this agreement serve a public purpose in that it will help improve the physical appearance of the Downtown Dublin Specific Plan Area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road, encourage the retention of existing businesses, and increase property values and tenant stability, thus benefitting the City and its residents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Commercial Façade Improvement Grant Program Agreement attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement substantially in the form attached hereto and to undertake such further action as may be necessary and desirable to carry out the intent of this resolution. Reso No. 181-13,Adopted 10-15-13, Item 8.3 Page 1 of 2 PASSED, APPROVED AND ADOPTED this 15th day of October, 2013, by the following vote: AYES: Councilmembers Gupta, Hart, Haubert, and Mayor Pro Tern Biddle NOES: None ABSENT: Mayor Sbranti ABSTAIN: None WI Mayor Pro Tem ATTE (aA,,e2 City Clerk City Grant Amount $70,000 Applicant Matching $155,000 Total Project $225,000 COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT THIS COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT ("Agreement") dated as of this day of October, 2013, 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 Khaled and Amal Aburahma ("Owners"). Owners shall be collectively referred to as "Applicant". RECITALS A. The City has adopted a Commercial Façade Improvement Grant Program ("Program") in order to provide grants to certain owners or tenants of eligible buildings who design and construct improvements to the facades of their buildings. B. Applicant is the tenant/owner of that certain real property located at 7111 Village Parkway, Dublin CA(the "Site"), and within the boundaries outlined by the Commercial Facade Improvement Grant Program Guidelines ("Program Guidelines"). C. Applicant has submitted an application to the City pursuant to the Program Guidelines for a grant for certain façade improvements to the Site, and City has determined that Applicant and the Site meet the eligibility criteria for the Program. D. City desires to enter into this Agreement because improvement of the Site will enhance the physical appearance and economic vitality of commercial businesses, encourage full occupancy of storefronts, generate additional tax revenue and assist in providing an environment for the social, psychological and economic growth and well-being in the boundaries outlined by the Program Guidelines and the citizens of the City. 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: 1. IMPROVEMENT OF THE SITE 1.1 Scope of Work. Applicant shall construct and install the façade improvements in accordance with the Scope of Work attached hereto as Exhibit 1 and the schematic drawings, plans and documents submitted to and approved by the City (the "Work"). 1.2 Commercial Façade Improvement Grant Funds. The City agrees to reimburse to the Applicant a sum not to exceed $70,000 for Work (the "Maximum Grant Amount"), as set forth below: a. 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 1978588.1 Commercial Facade Improvement Grant Program Agreement between 10/3/2013 City of Dublin and Khaled&Amal Aburahma Page 1 of 8 assume any liability for such agreements. The Applicant shall submit to the City all invoices from the contractor or contractors who performed the Work, together with the contractors' completion notice as signed by the contractor and approved by the Applicant. b. All invoices, contractors' completion notices and proofs of payment by Applicant shall be submitted to the City. c. A representative of the City shall inspect the completed Work, and receipt of a final job site inspection record, the contractor's invoice(s) and completion notice have been submitted. d. Upon determination by the City's representative that the Work has been completed in conformance with the Scope of Work (Exhibit 1) and the City approvals, the City shall issue a check within 14 business days made payable to the Applicant in an amount equal to the lesser of the Maximum Grant Amount or the actual amount of the invoices submitted to the City by the Applicant. e. Any and all costs of the Work, which are in excess of the Maximum Grant Amount, shall be the sole responsibility of, and be borne by, the Applicant. 1.3 Permits and Approvals. Before commencement of the Work, 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. 1.4 Commencement of the Work. Within 60 days after the Effective Date, Applicant shall have selected and authorized one or more contractors to perform the Work, 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 perform the Work 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 the Work must be licensed in the State of California. 1.5 Completion of the Work. Applicant shall complete the Work 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 City's Economic Development Director, or her designee. 1.6 Insurance Requirements. Applicant shall take out and maintain or shall cause its contractor to take out and maintain, a commercial general liability policy with a combined single limit of not less than One Million Dollars ($1,000,000) for injury to or death of one or more persons in any one accident or occurrence and property damage in any one accident or occurrence, and an aggregate limit of not less than Two Million Dollars ($2,000,000), as shall protect Applicant and City from claims for damages associated with the Site and the Work. Such policy or policies shall be written on an occurrence form. Applicant or its contractor shall furnish or cause to be furnished to City evidence satisfactory to City that Applicant and any contractor with whom it has contracted for the Work or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. Companies writing the insurance required by this section shall be licensed to do business in the State of California. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. The 1978588.1 commercial general liability policies shall name the City and their respective officers, agents, employees, and representatives as additional insureds. Applicant shall furnish City with a certificate of insurance evidencing the required insurance coverage and a duly executed endorsement evidencing such additional insured status prior to commencement of the Work. The certificate shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. 1.7 Prevailing Wages. Applicant shall require any contractors performing the Work 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 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 Work. 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. 1.8 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 Work. 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. 1.9 Compliance with Laws; Indemnity; Waiver. Applicant shall carry out the work of Improvements 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. Applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless the City and its officers, employees, volunteers, agents and representatives from and against any and all present and future liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys'fees and costs of the counsel or joint-counsel retained by Applicant to defend City) (collectively, "Claims"), arising out of or in any way connected with Applicant's obligation to comply with all laws with respect to the Work, including all Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781. 1978588.1 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. 1.10 Nondiscrimination during Construction. The Applicant, for itself and its successors and assigns, agrees that in selecting one or more contractors to perform the Work, the Applicant will not discriminate on the basis of race, color, creed, religion, sex, age, handicap, marital status, ancestry or national origin. 2. 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 48 months from the completion of the Work. During this 48-month period, Applicant agrees, for itself, its successors, its assigns and every successor in interest, that it will not materially alter the façade, as improved with City funds, without the prior written consent of City which consent may be conditioned by City to preserve façade 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. 3. GENERAL PROVISIONS 3.1 No Assignment. Applicant may not transfer or assign any or all of its rights or obligations under this Agreement without the prior written approval of the City, and any attempted assignment without such written approval shall be wholly void and of no effect. 3.2 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: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attention: City Manager To Applicant: Khaled &Amal Aburahma 19141 Edwin Markham Drive Castro Valley, CA 94552 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 1978588.1 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. 3.3 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 Work. 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 Work. 3.4 Integration. This Agreement 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. 3.5 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. 3.6 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 personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. 3.7 Applicant's Indemnity. 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 Work 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 or any activities associated with the Work, 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 sole negligence or willful misconduct of the City, or its officers, employees, agents or representatives. 3.8 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. 3.9 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. 1978588.1 3.10 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. 3.11 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. 3.12 Joint and Several Liability. Owner and Tenant are jointly and severally liable for any Claims arising out of this Agreement. 3.13 Termination. In addition to City's right to terminate under section 1.4, either party 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. [Signatures follow on next page] 1978588.1 IN WITNESS WHEREOF, City and Applicant have executed this Agreement on the respective dates set forth below. CITY: OWNER: THE CITY OF DUBLIN, a public body, Khaled [ corporate and politic ' By: By: Joni Patti llo, City Manager Its: Owner Dated: Dated: /�� ) / ~7 . � Amm| &burohma. Owner ATTEST: Bv: Avocla Its: Owner Caroline Soto, City Clerk 112_1 �> �/Oated� //) �� . "*^� APPROVED AS TO FORM: John Bmkker, City Attorney 1978588.1