HomeMy WebLinkAbout4.9 - 2750 SBAP Grant Agreement with Coach's Grille
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STAFF REPORT
CITY COUNCIL
DATE: July 16, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Small Business Assistance Grant Program Agreement with D’Amore's of
Dublin, LLC and JJD-HOV Dublin LLC
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving a Small Business Assistance Grant Program
Agreement with D’Amore's of Dublin, LLC (d.b.a. Coach’s Grille) (tenant) and JJD -HOV
Dublin LLC (property owner). The owner of Coach's Grille restaurant has requested
participation in the Small Business Assistance Grant Program to assist with
improvements to the trash enclosure.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Small Business Assistance Grant Program
Agreement with D’Amore's of Dublin, LLC (d.b.a. Coach’s Grille) and JJD -HOV Dublin
LLC for trash enclosure improvements located at 7222 Regional Street.
FINANCIAL IMPACT:
The proposed Agreement provides a $47,063 grant to the applicant. Funding for this
grant has been budgeted in the Fiscal Year 2019 -2020 Economic Development Division
budget as part of the Small Business Assistance Grant Program. The Agreement
amount is not to exceed $47,063.
DESCRIPTION:
On June 5, 2012, the City Council approved amending the agreement with Amador
Valley Industries (AVI) to bring construction and demolition collection services under an
exclusive agreement. As part of the amendment to the agreement, AVI agreed to
provide an annual economic benefit payment to the City in the amount of $100,000 to
be used to establish and operate a Small Business Assistance Program.
On July 16, 2013, the City Council adopted the creation of the Small Business
Assistance Program (Program) to assist Dublin-based businesses to deal with the cost
of complying with federal, state and local laws relating to the Americans with Disabilities
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Act (ADA), Title 24, the City’s trash enclosure requirements, and other legal obligations
imposed on small businesses.
Under the Program, commercial property owners or tenants can apply for the following:
1. Small Business Regulatory Compliance Grant Program – this grant has an
annual budget of $75,000 and provides reimbursement to Dublin -based
businesses seeking to comply with federal, state and local laws related to ADA,
Title 24, the City’s trash enclosure requirements, and other legal obligations
imposed on small businesses.
2. Small Business Support Program – this program has an annual budget of
$15,000 and provides small business supp ort services such as one-on-one
business advising and special events programming.
The remaining Program budget is allocated towards reporting, marketing and
administration.
In June 2019, Staff received an application for a Small Business Regulatory Comp liance
Grant (Grant) from the owner of Coach’s Grille restaurant, to help offset the costs to
modify the existing trash enclosure and build a new outer trash enclosure to
accommodate a third bin at their new location in the Almond Plaza shopping center in
the Downtown. The estimated cost of the improvements exceeded their original
estimates, so the applicant applied for a Grant in the amount of $62,750 to help offset
the costs of building and expanding the existing trash enclosure.
The proposed Agreement (Exhibit A to Attachment 1) provides Coach’s Grille with 75%
of the total project cost. The Agreement as proposed, meets the criteria established in
the Program. This Agreement will result in the assistance of bringing a new
independently owned restaurant into Downtown Dublin, thus enhancing the appearance
and character of the Downtown, to the benefit of City residents. Staff believes that this
Grant will achieve the goals of the Program as well as generate new retail and dining
interest in the Downtown.
On July 8, 2019, the City Council’s Economic Development Committee considered the
application and by consensus, the Committee recommended a grant not to exceed 75%
of the requested amount, which totals $47,063 to help offset improvements related to
the trash enclosure. This recommendation falls under the Committee' s purview to
provide policy guidance and direction on economic development activities. The
Committee is requesting that the full City Council consider the recommendation to
approve a grant not to exceed $47,063 for the improvements.
STRATEGIC PLAN INITIATIVE:
Strategy 4: Focus efforts on ways to strengthen the City’s economic vitality, including
the Downtown, through public investment and economic development.
4D: Work with Downtown property owners on building/site improvements
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Approving a Small Business Assistant Grant Agreement with D'Amores of
Dublin LCC
2. Exhibit A to the Resolution - Small Business Assistance Program Agreement
between the City of Dublin, D'Amore's of Dublin, LLC and JJD-HOV Dublin LLC
RESOLUTION NO. __ – 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A SMALL BUSINESS ASSISTAN CE GRANT AGREEMENT
WITH D’AMORE’S OF DUBLIN, LLC (d.b.a. COACH’S GRILLE) AND JJD-HOV DUBLIN LLC
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 with the cost of complying with federal, state, and local laws relating to the Americans with
Disabilities Act, Title 24, the City’s trash enclosure requirements, and other legal obligations imposed on small
businesses; and
WHEREAS, the Program authorizes the City of Dublin to enter into grant agreements with commercial
property owners or tenants located in the City of Dublin for Small Business Regulatory Compliance Grants; and
WHEREAS, the applicant holds a long-term lease for certain real property located at 7222 Regional
Street (APN 941-0305-023-00), ("the Property"), located in the City; and
WHEREAS, the applicant intends to make improvements to the existing trash enclosure; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve
a Small Business Assistance Grant Agreement with D’Amore’s of Dublin, LLC (d.b.a. Coach’s Grille) and JJD-
HOV Dublin LLC not to exceed $47,063 (forty seven thousand and sixty three dollars) for certain improvements
to the trash enclosure; 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.
PASSED, APPROVED AND ADOPTED this 16th day of July, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Small Business Assistance Grant Program Agreement Page 1 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
City Reimbursement Grant Amount $47,063
SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT
BETWEEN THE CITY OF DUBLIN, D’AMORE’S OF DUBLIN, LLC AND JJD-HOV DUBLIN LLC
THIS SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT ("Agreement") dated as of this
16 day of July, 2019, 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"), D’Amore’s of Dublin, LLC d.b.a. Coach’s Grille (“Tenant” and
“Applicant”), and JJD-HOV Dublin LLC (“Owner").
R E C I T A L S
A. The City has adopted a Small Business Assistance 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 the Americans with Disabilities Act, Title 24, the City’s trash enclosure requirements, and other legal
obligations imposed on small businesses.
B. Applicant leases space from Owner at certain real property located at 7222 Regional Street,
(A.P.N. 941-0305-023-00) in Dublin CA (the “Site.
C. Applicant has submitted an application to the City pursuant to the Small Business Assistance Grant
Program Guidelines (“Program Guidelines”) for a Small Business Regulatory Compliance 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 and/or
health and safety for the public and/or compliance of the Site with regard to local Solid Waste and Recycling
Enclosure Standards, 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:
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 1 (the “Project”).
2.2 Small Business Assistance Grant Funds. The City agrees to reimburse to the Applicant a sum
not to exceed forty thousand and sixty-three dollars ($47,063) (the “Grant Amount”), for certain eligible improvements
(the “Eligible Improvements”) as set forth below:
Small Business Assistance Grant Program Agreement Page 2 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
a. The Grant Amount may be used only to fund 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 the 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.
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
Small Business Assistance Grant Program Agreement Page 3 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
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’s
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:
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
Small Business Assistance Grant Program Agreement Page 4 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
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. 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 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 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”).
3.2.1.3 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 Applicant, including the insured’s general
supervision of Applicant; products and completed operations of Applicant;
premises owned, occupied, or used by Applicant; and automobiles owned,
leased, or used by the Applicant. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers, employees,
agents, or volunteers.
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 Applicant to comply with reporting provisions of the policy shall not
affect coverage provided to City and its officers, employees, agents, and
volunteers.
Small Business Assistance Grant Program Agreement Page 5 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
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. 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.
f. 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.
3.2.1.4 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:
Certificate(s) of Commercial General Insurance and Automobile Liability
Insurance; and
Waiver of Subrogation 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.
3.2.1.5 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.
3.2.1.6 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.
3.2.1.7 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.
3.2.1.8 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
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between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
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.
3.2.1.9 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.
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 contractor’s 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 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. NONDISCRIMINATION AND EQUAL OPPORTUNITY.
Applicant 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
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between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
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.
Applicant shall include the provisions of this Subsection in any subcontract approved by the Contract
Administrator or this Agreement.
Section 6. 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.
6.1 Improvements Cannot Be Removed by Applicant or Owner Without City’s Consent. All Eligible
Improvements will become permanent fixtures of the property and cannot be removed by Applicant or Owner upon
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.
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.
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between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
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: City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833-6650
Attention: City Manager
To Applicant: Owner
JJD-HOV Dublin LLC
1690 W. Shaw, Suite 220, Fresno CA 93711
Phone: 559-446-2001
Email: patric.davis@tricommercial.com
Attention: Bryce Hovannisian
Care of: Patric Davis, Property Manager
And
Tenant
D’Amores of Dublin, LLC
9838 Reimers Way, Dublin CA 94568
Phone: 925-487-2857
Email: radiron12@gmail.com
Attention: Robb & Lisa D’Amore
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 contains the entire understanding between the parties relating to the
transactions contemplated by this Agreement. All prior or contemporaneous agreements, understandings,
Small Business Assistance Grant Program Agreement Page 9 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
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 personal interests or the interests of any corporation, partnership or
association in which he 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.
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.
Small Business Assistance Grant Program Agreement Page 11 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
EXHIBIT NO. 1
SCOPE OF WORK
PROJECT
Small Business Assistance Grant Program Agreement Page 12 of 12
between City of Dublin and D’Amore’s of Dublin, LLC and JJD-HOV Dublin LLC
EXHIBIT NO. 2
ELIGIBLE IMPROVEMENTS
Applicant is the business owner of Coach’s Grille restaurant and the tenant of that certain real property located at
7222 Regional Street, Dublin CA and shall improve the trash enclosure area as outlined below and in the rendering
provided as Exhibit 1:
Modify the existing trash enclosure and build a new outer trash enclosure to accommodate a third bin and
meet requirements
Remove curb/dirt bed in alley and install concrete bollards