HomeMy WebLinkAboutItem 8.4 Commercial Facade Programor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
February 5, 2013
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #470 -50
Commercial Facade Improvement Grant Program Agreement with
The Murphy Trust
Prepared by Hazel L. Wetherford, Economic Development Analyst
EXECUTIVE SUMMARY:
In December 2011, City Council adopted the Commercial Facade Improvement Grant Program
as one way 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 in the area. Representatives from The Murphy Trust requested participation in the
Commercial Facade Improvement Grant Program in January 2012 to assist them with the
substantial facade improvements for 7100 -7116 Village Parkway valued at an estimated cost of
$105,000.
FINANCIAL IMPACT:
The proposed agreement is part of a local initiative to encourage economic development and
secure new retail businesses in the City. As allowed under the program guidelines, the City will
reimburse the applicant up to $70,000. The amount of the reimbursement is based on the
matching grant that provides reimbursement of up to two - thirds (67 %) of eligible project costs,
up to a maximum of $70,000. The total project cost is estimated at $105,000. Funding for this
Agreement has been budgeted in the Fiscal Year 2012 -2013 Economic Development Budget.
The Agreement amount is not to exceed $70,000.
RECOMMENDATION:
Staff recommends that the City Council adopt the proposed Resolution Approving a Commercial
Facade Improvement Grant Program Agreement with The Murphy Trust relating to facade
improvements to be performed on a property located at 7100 -7116 Village Parkway.
Submitted By Reviewed By
Economic Development Director/ Assistant City Manager
Public Relations Officer
DESCRIPTION:
Page 1 of 3 ITEM NO. 8.4
At the December 20, 2011 City Council meeting, the City Council adopted the Commercial
Facade Improvement Grant Program as one way 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 in the area.
Under the proposed Program, commercial property owners, or tenants with long -term leases
(five or more years) within the Downtown Dublin Specific Plan Area and the segment of Dublin
Boulevard between Village Parkway and Dougherty Road can apply for one of two facade
improvement grants.
Applicants have the option between:
1. Mini -Grant — this grant provides reimbursement of up to $5,000 for commercial building
facade improvements with no match requirement; or
2. Matching Grant — this grant provides a reimbursable matching grant of two - thirds (67 %)
of eligible project costs, up to a maximum of $70,000. The total cost of the improvement
work must be more than $5,000. Receipt of a matching grant requires the approved
applicant to contribute a minimum of one -third of the total cost of the facade
improvement costs.
At the January 23, 2012 Economic Development Ad -Hoc Committee, Staff presented the
applications received to participate in the program. The Committee provided Staff direction to
work with the representatives from The Murphy Trust on an agreement.
Staff has been working with The Murphy Trust on the structure of the proposed agreement for
the past several months. During this time, Staff has been able to work with the applicant and an
architect on the proposed design schematics and materials for the facade improvements, submit
a Site Development Review for the project and finalize the agreement language.
Eligible improvement costs include, but are not limited to, the following: removal of old signs,
awnings and other exterior clutter; exterior cleaning and painting; repair or replacement of
exterior siding (including the construction of new facade elements and architectural details);
installation of new entry doors that meet ADA accessibility requirements; installation of display
windows; installation of new canvas awnings over windows and entries; installation of new
signs; installation of new exterior lighting; installation of permanent landscaping; and exterior
mandatory Title 24 upgrades. The total facade improvement valuation is approximately
$1057000. Of this amount, The Murphy Trust is seeking reimbursement for $70,000, the
maximum amount allowed per the program's matching grant.
The proposed Agreement (Exhibit A to Attachment 2) provides The Murphy Trust with 67% of
the total project cost, up to a maximum of $70,000. The Agreement, as proposed, meets the
criteria established in the Commercial Facade Improvement Grant Program.
This agreement will result in the improvements to the facade of the property, thus enhancing the
appearance and character of the neighborhood, to the benefit of City residents. Staff believes
that this facade improvement will achieve the goals of the program as well as generate new
retail interest in the City, thus generating additional interest from other property owners in the
area to participate in the program to help transform Village Parkway into a retail destination.
Page 2 of 3
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
I101 •[Tits
ATTACHMENTS: 1. Resolution Adopting a Commercial Facade Improvement Grant
Program
2. Resolution Approving the Commercial Facade Improvement Grant
Program Agreement with The Murphy Trust (with Exhibit A)
Page 3 of 3
RESOLUTION NO. 216 - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM
WHEREAS, the City Council has made economic development a high priority and has asked
Staff to evaluate possible incentives to renovate or update commercial areas in Dublin; and
WHEREAS, the City Council desires to develop the commercial fagade improvement grant
program; and
WHEREAS, the Program offers 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 five thousand dollars ($5,000); or 2) a
matching grant, which would provide reimbursement for two- thirds of the cost of certain commercial
building fagade improvements; and
WHEREAS, the City will also provide architectural design services to approved applicants, up
to a maximum of five hours, for exterior commercial building fagade improvements; and
WHEREAS, the City Council believes that this Program would encourage the leveraging of
public funds and private investment to enhance the physical appearance and economic vitality of
commercial businesses in the Downtown Dublin Specific Plan Area and the segment of Dublin
Boulevard between Village Parkway and Dougherty Road.
NOW, THEREFORE BE IT RESOLVED that the City Council adopts the Commercial Fagade
Improvement Grant Program attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to waive City
fees associated with development costs, time and materials and building permit fees except for fees
mandated by the State of California, for projects that receive approval for grant funding under the
Commercial Fagade Improvement Grant Program.
vote
PASSED, APPROVED AND ADOPTED this 20th day of December, 2011, by the following
AYES: Councilmembers Biddle, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Vice Mayor Hart
ABSTAIN: None
ATTEST:
City Clerk
Reso No. 216 -11, Adopted 12- 20 -11, Item 8.2 Page 1 of 1
jN 'it"
Mayor
Exhibit A
COMMERCIAL FACADE IMPROVEMENT
DUBLIN GRANT PROGRAM GUIDELINES
I. PROGRAM OVERVIEW
The Commercial Facade Improvement Grant Program ( "Program ") is an endeavor of the City of Dublin to
leverage public funds and private investment to enhance the physical appearance and economic vitality of
commercial businesses, in the Downtown Dublin Specific Plan Area and the segment of Dublin Boulevard
between Village Parkway and Dougherty Road.
The Program offers two fagade improvement grants, as well as up to a maximum of five hours of architectural
fees to help cover design costs.
The long -term objective is to upgrade the Downtown Dublin Specific Plan Area and the segment of Dublin
Boulevard between Village Parkway and Dougherty Road by improving the physical appearance of the area,
encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for
the property.
II. PROGRAM COMPONENTS
A. Architectural Design
The City will provide architectural design services to approved applicants, up to a maximum of five
hours, for exterior commercial building fagade improvements.
B. Facade Improvement Grants
i. Mini -Grant — This grant provides for reimbursement of up to Five Thousand dollars ($5,000) for
commercial building fagade improvements with no match requirement.
ii. Matching Grant — This grant provides reimbursement for two- thirds of the cost of commercial
building fagade improvements. The total cost of the improvement work must be more than Five
Thousand dollars ($5,000), and may not exceed a maximum amount determined by the Fiscal
Year budget cycle annually (in Fiscal Year 2011/2012, the maximum amount is Seventy
Thousand dollars ($70,000)). Receipt of a matching grant requires the' approved applicant to
contribute one -third of the total cost of the fagade improvement costs.
Grant proceeds are to be used for labor and materials directly related to the fagade construction. Tools
may not be purchased with grant funds, but tool rental is allowable.
All improvements completed through the Facade Improvement Program are "public work" as that term
is used in Section 1720 of the California Labor Code. In accordance with Labor Code section 1720 et
seq., prevailing wages shall be paid for all facade improvements. All estimates and payments for
construction and installation of facade improvements shall include prevailing wages, and shall otherwise
comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the California
Labor Code and all other applicable laws and regulations with respect to prevailing wages. All
contractors awarded a work contract under this program will be required to provide certified payroll
documents to City staff.
Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued
after City deems the project complete, and upon the submission of invoices and proof of payment and
subject to approval of those invoices and proofs of payment by City staff. Construction shall be
completed within 120 days after the City issued Notice to Proceed. If the project extends beyond the
scheduled completion date, prior staff approval is required.
This program is primarily geared toward commercial property owners. However, business owners who
have long -term leases (five or more years) wishing to participate in the Fagade Improvement Program
may also apply. Applications for business owners will be reviewed on a case -by -case basis.
C. Fee Exemption
The following exemption applies:
1. The City Manager is authorized to waive City fees associated with development costs, time and
materials and building permit fees for projects that receive grant funding under the Commercial
Fagade Improvement Grant Program. This fee exemption does not apply to fees mandated by
the State of California including, but not limited to, the Strong Motion Instrument program fee
and California Green Building fees.
III. ELIGIBILITY
A. Eligible Applicants /Areas
Owners or long -term tenants* of commercially zoned property located within one of the following areas
are eligible to apply for assistance:
1. Downtown Dublin Specific Plan area, or
2. Segment of Dublin Boulevard between Village Pkwy and Dougherty Rd.
*Tenants with long -term leases (five or more years remaining on the lease at the time a Program application is
submitted) must have the property owner's written consent before any improvements are made. In addition, the
grant application must be signed by the property owner.
B. Eligible Types of Improvements
Eligible improvements include, but are not limited to:
• Removal of old signs, awnings and other exterior clutter
• Exterior cleaning and painting
• Repair or replacement of exterior siding (including the construction of new fagade elements and
architectural details)
• Installation of new entry doors that meet ADA accessibility requirements
• Installation of display windows
• Installation of new canvas awnings over windows and entries
• Installation of new signs
• Installation of new exterior lighting
• Installation of permanent landscaping
• Exterior mandatory Title 24 upgrades
Additional improvements that are deemed to be consistent with the intent of -the program will be
reviewed and approved /disapproved on a case -by -case basis by the Economic Development Director.
C. Review Process
All proposed fa4ade projects /remodels must be approved by the Community Development Director
prior to being accepted into the program.
Project improvements commenced prior to City approval are not eligible for this Program.
IV. FUNDING
Funding for this Program is appropriated by the Dublin City Council as part of its annual budget process. There is
no guarantee of the amount of funds that will be appropriated each year. Funds for the Program are available
on a first come, first served basis. If funds are exhausted at the time of application submittal, staff will retain the
application. If additional funds become available, staff will contact applicants in the order applications were
received.
A. Grant Amounts
Eligible property owners or tenants who propose fagade improvements can apply for one of two grants.
1. Mini -Grant
This grant provides reimbursement for commercial building facade improvements to approved
applicants in the amount of up to Five Thousand dollars ($5;000), with no match requirement.
Matching Grant
This grant provides reimbursement to approved applicants for two- thirds of the cost of
commercial building fagade improvements. The total cost of the fagade remodel must be more
than Five Thousand dollars ($5,000), and may not exceed Seventy Thousand dollars ($70,000).
The amount of the City grant shall not exceed two- thirds of a maximum of Seventy Thousand
dollars ($70,000) in eligible expenses. The Matching Grant requires the applicant to contribute
one -third of the total cost of the fagade remodel, and to document its expenditures.
Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued
after City deems the project complete. All reimbursement requests must include proof of payment and
other supporting documentation, as deemed necessary by the City (i.e. invoices, cancelled checks, etc.),
sufficient to demonstrate to the City's satisfaction that all facade improvement costs have been paid.
The City of Dublin reserves the right to cancel or modify this Program at any time prior to grant
approval, without notice. Continuation of the Program is subject to sufficient funding as, appropriated
by the Dublin City Council,
V. IMPLEMENTATION WORK
All improvements shall conform to the City of Dublin Building Codes, Zoning Ordinance, and applicable Design
Guidelines. Proposed facade remodels are required to comply with Chapter 8.104 of the Site. Development
Review Chapter of the Zoning Ordinance (Chapter 8.104). Project improvements commenced prior to the City's
issuance of a Notice to Proceed are not eligible for this Program.
City staff will be available to work with approved applicants to assist in the coordination of the project. City staff
will carry out periodic inspections.
Printed Name
Date
have read and received a copy of these guidelines.
Signature
COMMERCIAL FACADE IMPROVEMENT
DUBLIN GRANT PROGRAM APPLICATION
Please fill out this application completely and submit or send to:
City of Dublin -
Attention: Economic Development Department
100 Civic Plaza
Dublin, CA 94568
(925) 833 -6650
SECTION 1. APPLICANT INFORMATION
Name:
Circle All That Apply:
Business Name:
Property Address:
Mailing Address:
Assessor's Parcel Number:
Daytime Phone Number:
Email:
Property Owner Business Owner /Tenant
Total Number of Businesses in Building:
Name(s) of Other Businesses:
SECTION 2. PROPERTY OWNER INFORMATION (complete if tenant is applicant)
Property Owner Name:
Property Owner Mailing Address:
Property Owner Daytime Phone Number:
As the legal owner of the above property, I hereby grant authorization to complete the fagade improvements indicated on this
application.
Signature:
SECTION 3. FUNDING
Date:
Grant (please check one):
❑ Mini -Grant (Reimbursement in the amount up to $5,000)
❑ Matching Grant (Reimbursement of two- thirds the total project cost from $5,000 up to $70,000)
Grant Amount Requested:.$
SECTION 4. SCOPE OF WORK
General Description of Work:
Estimated Total Project Cost: $
SECTION 5. ACKNOWLEDGMENT
We certify that the owner is the property owner of record and that there are no current code enforcement actions pending against the
property.
I have read and understand the Program Guidelines and accept them.
I certify that I am qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be
issued by the City of Dublin in the implementation of this project.
Property Owner(s) Signature:
Business Owner(s) Signature:
1755179.1
Date:
Date:
Date:
Date:
RESOLUTION NO. -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT
WITH THE MURPHY TRUST RELATING TO FACADE IMPROVEMENTS TO BE
PERFORMED ON A PROPERTY LOCATED AT 7100 -7116 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 Facade 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 7100 -7116 Village
Parkway (APN: 941 - 0210- 005 -04), ( "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 metal awnings over windows;
installing horizontal slat wood siding (Ipe Rainscreen Wall System); and installing exterior
lighting; 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 Facade 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.
PASSED, APPROVED AND ADOPTED this 5t" day of February, 2013, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
City Grant Amount $70,000
Applicant Matching $35,000
Total Project $105,000
COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT
THIS COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT
( "Agreement ") dated as of this day of February, 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 The Murphy Trust ( "Owner /Applicant ").
RECITALS
A. The City has adopted a Commercial Facade 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 tenantlowner of that certain real property located at 7100 -7116
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 facade 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 facade 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 Facade 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
114.1001 1978588.3 Commercial Fapade Improvement Grant Program Agreement between 1/11/2013
City of Dublin and The Murphy Trust 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 90 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 90 -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
114.1001 1978588.3 Commercial Fagade Improvement Grant Program Agreement between 1111/2013
City of Dublin and The Murphy Trust Page 2 of 8
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 tabor 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.
114.1001 1978588.3 Commercial Fagade Improvement Grant Program Agreement between 1/1112013
City of Dublin and The Murphy Trust Page 3 of 8
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 facade, as improved with City funds,
without the prior written consent of City which consent may be conditioned by City to preserve
fagade 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 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.
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: The Murphy Trust
1485 Bayshore Blvd., #101
San Francisco, CA 94124
Attention: Thomas Murphy, Trustee
114.1001 1978588.3 Commercial Facade Improvement Grant Program Agreement between 1/11/2013
City of Dublin and The Murphy Trust Page 4 of 8
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.
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.
114.1001 1978588.3 Commercial Fagade Improvement Grant Program Agreement between 1/11/2013
City of Dublin and The Murphy Trust Page 5 of 8
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 thirst 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]
114.1001 1978588.3 Commercial Fagade Improvement Grant Program Agreement between 1111 /2013
City of Dublin and The Murphy Trust Page 6 of 8
IN WITNESS WHEREOF, City and Applicant have executed this Agreement on the
respective dates set forth below.
CITY:
THE CITY OF DUBLIN, a public body,
corporate and politic
By:
Joni Pattillo, City Manager
Dated:
ATTEST:
Caroline Soto, City Clerk
APPROVED AS TO FORM:
John Bakker, City Attorney
OWNER:
The Mu y ust,,' i`C A a %�
By:
Its: (E5
Dated: C) A N � S , 2- &
114.1001 1978588.3 Commercial Fagade Improvement Grant Program Agreement between 1/11/2013
City of Dublin and The Murphy Trust Page 7 of 8
EXHIBIT NO. 1
SCOPE OF WORK
Applicant is the owner of that certain real property located at 7100 -7116 Village Parkway, Dublin
CA and shall construct and install the facade improvements as outlined below and in the
attached elevation:
• Paint the entire building
• Install metal awnings over windows
• Install horizontal slat wood siding (Ipe Rainscreen Wall System)
• Install exterior lighting
114.1001 1978588.3 8
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