HomeMy WebLinkAboutReso 110-18 Small Business Assistance Grant Program Agreement with BIT Holdings Sixty-Three, Inc. and ASHG Capital, Inc. dba World of Beer Dublin RESOLUTION NO. 110 — 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT WITH BIT
HOLDINGS SIXTY-THREE, INC. AND ASHG CAPITAL, INC. DBA WORLD OF BEER DUBLIN
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. 131-13 on July 16,
2013, which established a Small Business Assistance Program ("Program") intended to assist Dublin-
based businesses; and
WHEREAS, the Program has two components, the Grant Program for Small Business
Regulatory Compliance and the Small Business Support Program; and
WHEREAS, the Grant Program provides for reimbursement for improvements such as:
Federal, State and local laws relating to disability access requirements; trash enclosures; title 24
upgrades; sewer connections, and other such obligations imposed on small businesses; and
WHEREAS, the Support Program can be utilized by Dublin-based businesses for one-on-one
business advising as well as for special events designed to support and assist small businesses; and
WHEREAS, the applicant holds a 10-year lease for certain real property located at 4920
Dublin Boulevard, Suite 260, Dublin CA (APN 986-0008-007-00), ("the Property"), located in the City;
and
WHEREAS, the applicant intends to make accessibility and other improvements to the site
such as improving the accessibility of the main entrance, rear door and restrooms as well as install
permanently-affixed accessible doors to the walk-in cooler/freezer; and
WHEREAS, the City Council finds that this Agreement serves a public purpose in that it will
help improve the physical accessibility of the restaurant site and thereby, encourage and support a
new business, 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 does hereby
approve a Small Business Assistance Grant Program Agreement with BIT Holdings Sixty-Three, Inc.
and ASHG Capital, Inc. (doing business as "World of Beer Dublin") not to exceed $21,000 (twenty-
one thousand dollars) for certain accessibility improvements; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement,
attached hereto as Exhibit A to this Resolution, in substantially the form attached.
Reso No. 110-18, Adopted 10/2/2018, Item No. 4.7 Page 1 of 2
PASSED, APPROVED AND ADOPTED this 2nd day of October, 2018, by the following vote:
AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert
NOES:
ABSENT:,
ABSTAIN: a
d
Mayor
ATTE T:
City Clerk
Reso No. 110-18, Adopted 10/2/2018, Item No. 4.7 Page 2 of 2
Small Business Assistance Grant Program Agreement (World of Beer Dublin) Page 1 of 9
City Reimbursement Grant Amount $21,000
SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT
THIS SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT ("Agreement") dated as of this
2nd day of October, 2018, 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"), BIT Holdings Sixty-Three, Inc. (“Property Owner"), and
ASHG Capital, Inc. doing business as “World of Beer Dublin” (“Tenant”). Owner and Tenant shall be collectively
referred to as “Applicant”.
R E C I T A L S
A. The City has adopted a Small Business Assistance Grant Program (“Program”) in order to provide
grants to certain owners or tenants of eligible buildings to assist with the cost of complying with federal, state and
local laws relating to disability access requirements, trash enclosures, sewer connections and other such obligations
imposed on small businesses.
B. Applicant is the tenant of that certain real property located at 4920 Dublin Blvd, Suite 260, Dublin
CA (the “Site”), and within the boundaries outlined by the Small Business Assistance Grant Program Guidelines
(“Program Guidelines”).
C. Applicant has submitted an application to the City pursuant to the Program Guidelines for a grant
for certain 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 the improvement will better the physical access
compliance of the Site, and thereby enhance the economic vitality of commercial businesses, generate additional tax
revenue and economic growth in 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.
A G R E E M E N T
NOW, THEREFORE, City and Applicant hereby agree as follows:
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”).
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 1 (the “Project”).
2.2 Small Business Assistance Grant Funds. The City agrees to reimburse to the Applicant a sum
not to exceed $21,000 (twenty-one thousand dollars) (the “Grant Amount”), for certain eligible improvements (the
“Eligible Improvements”) as set forth below:
Small Business Assistance Grant Program Agreement (World of Beer Dublin) Page 2 of 9
a. The Grant Amount may be used only to fund to those Eligible Improvements identified in Exhibit 2
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 completion notice 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 1) 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.
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 Section 2.2.
2.7 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
Small Business Assistance Grant Program Agreement (World of Beer Dublin) Page 3 of 9
respects to the City. Applicant shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Applicant’s bid. 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 01 04 12. 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. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at
least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. All insurance required by this
section is to be placed with insurers with a Bests' rating of no less than A:VII.
2.7.1 Commercial General and Automobile Liability Insurance.
2.7.1.1 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.
2.7.1.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability 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”).
2.7.1.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Contractor, including the insured’s general
supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied, or used by Contractor; and automobiles owned,
leased, or used by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers, employees,
agents, or volunteers.
Small Business Assistance Grant Program Agreement (World of Beer Dublin) Page 4 of 9
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials, employees and volunteers, and that no
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of Contractor to comply with reporting provisions of the policy shall
not affect coverage provided to City and its officers, employees, agents, and
volunteers.
e. 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. Contractor shall notify City within 14 days of notification
from Contractor’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
f. For 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 to the City no later than 30 days after completion of the Project.
2.7.1.4 Verification of coverage. Prior to beginning any work under this Agreement, 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.
2.7.1.5 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.
2.7.1.6 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.
2.7.1.7 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
2.7.1.8 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
Small Business Assistance Grant Program Agreement (World of Beer Dublin) Page 5 of 9
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.
2.7.1.9 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.
2.7.2 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 contractor’s completion notice.
2.7.3 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.
2.8 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 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.
2.9 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.
2.10 Improvements Cannot Be Removed by Owner or Tenant Without City’s Consent. All Eligible
Improvements will become permanent fixtures of the property and cannot be removed by owner or tenant upon
Small Business Assistance Grant Program Agreement (World of Beer Dublin) Page 6 of 9
expiry or termination of the lease 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.
2.11 Compliance with Laws; Indemnity; Waiver. 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.
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 performed under this
Agreement, including all Claims that may be made by contractors, subcontractors or other third party claimants
pursuant to Labor Code Sections 1726 and 1781.
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.
2.12 Nondiscrimination during Construction. The Applicant, for itself and its successors and
assigns, agrees that in selecting one or more contractors to perform work on the Project, the Applicant will not
discriminate on the basis of race, color, creed, religion, sex, age, disability, marital status, ancestry or national origin.
3. 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.
4. GENERAL PROVISIONS
4.1 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 not ice
of the assignment.
4.2 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,
Small Business Assistance Grant Program Agreement (World of Beer Dublin) Page 7 of 9
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
(925) 833-6650
Attention: City Manager
To Applicant: Owner
BIT Holdings Sixty-Three, Inc
C/O Colliers International
Phone: 925-279-5571
Email: melody.teixeira@colliers.com
Attention: Melody Teixeira
And
Tenant
ASHG Capital, Inc. (d.b.a. World of Beer Dublin)
4920 Dublin Blvd. Ste 260, Dublin
Phone: 925-699-3492
Email: nav.bhasin@worldofbeerusa.com
Attention: Nav Bhasin
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.
4.3 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 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.
4.4 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.
Small Business Assistance Grant Program Agreement (World of Beer Dublin) Page 8 of 9
4.5 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.
4.6 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.
4.7 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 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.
4.8 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.
4.9 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.
4.10 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.
4.11 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.
4.12 Joint and Several Liability. Owner and Tenant are jointly and severally liable for any Claims
arising out of this Agreement.
4.13 Termination. In addition to City’s right to terminate under section 2.7, 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.
IN WITNESS WHEREOF, City and Applicant have executed this Agreement on the respective dates set
forth below.
Small Business Assistance Grant Program Agreement (World of Beer Dublin)
EXHIBIT NO. 1
SCOPE OF WORK – PROJECT
Small Business Assistance Grant Program Agreement (World of Beer Dublin)
EXHIBIT NO. 2
ELIGIBLE IMPROVEMENTS
The applicant is the tenant of the property located at 4920 Dublin Blvd, Suite 260, Dublin CA and shall
construct and install the accessibility improvements to comply with the Americans with Disabilities Act
(“ADA”) as outlined below and detailed in the attached Project Scope of Work:
• main entrance doors
• rear entrance doors
• restrooms
• permanently-affixed doors to the walk-in cooler/freezer