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HomeMy WebLinkAbout5.8 Commercial Façade Improvement Grant Program Agreement for Vets for Pets Inc STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 5.8 DATE: July 15, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Commercial Façade Improvement Grant Program Agreement for Vets for Pets Inc Prepared by: Felicia Escover, Economic Development Manager EXECUTIVE SUMMARY: The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement for Vets for Pets Inc, a new veterinary hospital located at 7667 Amador Valley Boulevard. This grant of $70,000 will be allocated for exterior improvements, including new horizontal siding, metal awnings at both entrances, updated paint for the siding and parapet, window upgrades, an entry door compliant with the Americans with Disabilities Act (ADA), refreshed landscaping with gravel, and new signs. STAFF RECOMMENDATION: Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc. FINANCIAL IMPACT: There is sufficient funding available in the adopted Fiscal Year 2025-26 operating budget for this expenditure. DESCRIPTION: Background The Commercial Façade Improvement Grant Program (Program) is an endeavor of the City to improve the physical appearance of the Downtown Dublin Specific Plan area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road (Program Area), encourage the retention of existing businesses, and increase property values, and tenant stability. The Program leverages public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Program Area. Under the Program, commercial property owners or tenants with long-term leases (five years 140 Page 2 of 3 or more) within the Program Area can apply for one of two façade improvement grants:  Mini-Grant – provides reimbursement of up to $5,000 for commercial building façade improvements with no match requirement.  Matching Grant – provides a reimbursable matching grant of two-thirds (66%) of eligible project costs, up to a maximum of $70,000. The total cost of the improvement work must be greater 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 façade improvement costs. Eligible improvements may include, but are not limited to, the removal of outdated signs, awnings, and exterior clutter; exterior painting; and the repair or replacement of exterior siding, including the addition of new façade elements and architectural details. Other eligible upgrades include the installation of new entry doors that meet ADA accessibility standards, display windows, canvas awnings over windows and entryways, new signs, and exterior lighting. Permanent landscaping enhancements and non-affixed structures such as monument signs may also qualify, along with mandatory Title 24 exterior upgrades and the construction of outdoor dining or community gathering areas. Applicant Information Vets for Pets is a new veterinary clinic under development at 7667 Amador Valley Boulevard in Dublin. The project is led by Dr. Rajbir Grewal and Dr. Daleep Arora, who bring extensive experience in both clinical care and veterinary practice ownership. Together, they previously owned and operated Yosemite Veterinary Hospital in Modesto, a successful, community - focused clinic they built and managed from 2016 until its sale in 2024. They also currently co - own Hardin Veterinary Hospital in Stockton, a general practice offering comprehensive veterinary services. With the new Dublin facility, Dr. Grewal and Dr. Arora plan to shift their full professional focus to this location, which is envisioned as a combined general and emergency care hospital. Their goal is to expand access to high -quality veterinary services and improve continuity of care for pet owners across the region, with long-term plans to develop the clinic into a full-service, 24-hour emergency animal hospital. The applicant is requesting a Matching Grant of $70,000 through the City’s Commercial Façade Improvement Grant Program to support the cost of substantial exterior renovations to the building. The total project cost is estimated at $144,384 , with the applicant contributing more than the required one-third match. The site has been vacant since March 2020, following the closure of an urgent care facility. Transforming this long-unused space into a vibrant, community-oriented veterinary clinic directly supports the City’s goals of revitalizing key corridors, enhancing economic vitality, and fostering job creation . Proposed improvements include horizontal siding, ADA-compliant entry doors, a refreshed paint scheme, new monument and building signage, exterior lighting, and permanent landscaping. To date, the applicant has invested more than $900,000 in personal funds into interior construction, infrastructure upgrades, and the purchase of advanced medical equipment, and diagnostic tools. The scope of the project demonstrates a strong commitment to providing exceptional care and a long-term presence in Dublin. However, due to higher- 141 Page 3 of 3 than-anticipated construction costs, additional funding is now needed to complete the exterior portion of the project. The clinic anticipates creating eight to 10 full-time jobs upon opening, including veterinarians, veterinary technicians, receptionists, and support staff. Over time, as the clinic expands into a 24-hour emergency facility, staffing is expected to grow to 25 to 30 employees. The model of care is specifically designed to bridge the gap between standard veterinary hours and the high cost of emergency services, offering evening and weekend urgent care for common but time - sensitive issues such as allergic reactions, minor injuries, and infections. The proposed façade improvements are an essential step in restoring this long-vacant building back into productive use and ensuring the clinic presents a welcoming, professional appearance upon opening. By transforming an underutilized property into a vibrant, community-serving veterinary facility, the project directly supports the objec tives of the Commercial Façade Improvement Grant Program. It represents a significant small business investment that enhances the visual character of the area, stimulates economic activity, and delivers essential veterinary care and job opportunities to Dublin residents. Economic Development Committee Consideration On June 24, 2025, the Economic Development Committee reviewed an application from the business owner of Vets for Pets Inc. The Committee reviewed the application and, by consensus, recommended City Council approval of the $70,000 grant. This recommendation aligns with the Committee’s role in providing policy guidance and direction on economic development initiatives. STRATEGIC PLAN INITIATIVE: Strategy 1: Economic Development, Small Business Support, and Downtown Dublin . Objective D: Continue to evaluate and implement small business programs that provide financial assistance, business development, permit processing, and support services to the community. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc 2) Exhibit A to the Resolution – Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Vets for Pets Inc 142 Attachment 1 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF DUBLIN AND VETS FOR PETS INC WHEREAS, for decades, state and local governments have used economic development tools 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 established a Commercial Façade Improvement Grant Program ("Program") intended to improve the physical appearance of the Downtown Dublin Specific Plan area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road, encouraging the retention of existing businesses, as well as increasing property values and tenant stability; and WHEREAS, under the Program, 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), can 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 (66%) of eligible project costs, up to a maximum of $70,000; and WHEREAS, Vets for Pets Inc (the “Applicant”), a new veterinary hospital located at 7667 Amador Valley Boulevard, has submitted a Commercial Façade Improvement Grant application requesting funding for exterior improvements, including new horizontal siding, metal awnings at both entrances, updated paint for siding and parapet, window upgrades, ADA -compliant entry door, refreshed landscaping with gravel, and new signage with installation; and WHEREAS, on June 24, 2025, the Economic Development Committee reviewed the application and recommended City Council approval of a grant totaling $70,000, which would cover at minimum two-thirds of the eligible project costs; and WHEREAS, the City Council finds that the Agreement serves a public purpose in that it will help improve the physical appearance of the Program area, encourage the retention and attraction of 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 does hereby approve a Commercial Façade Improvement Grant Program Agreement between the City of Dublin and Vets for Pets Inc, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. 143 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 15th day of July 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 144 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 1 of 12 City Grant Amount: $70,000 Matching Funds: $74,384 Estimated Project Total: $144,384 COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF DUBLIN AND VETS FOR PETS INC THIS COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AGREEMENT ("Agreement") dated July 15, 2025 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"), 7667 Amador Valley Blvd LLC (“Owner"), and Vets For Pets Inc, a California S-Corp (“Tenant” and “Applicant”). R E C I T A L S A. The City has adopted a Commercial Façade Improvement Grant Program (“Program”) in order to provide grants to certain owners or tenants of eligible buildings who design and construct improvements to the facades of their buildings. B. Applicant leases certain real property located at 7667 Amador Valley Boulevard, Ste A&B (A.P.N. 941-0173-003), in Dublin, California (the “Site”), and within the boundaries outlined by the Commercial Façade 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 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. 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”). Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 Attachment 2 Exhibit A to the Resolution 145 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 2 of 12 Section 2. IMPROVEMENT OF THE SITE. Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 146 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 3 of 12 All contractors performing work on the Project must be licensed in the State of California. Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 147 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 4 of 12 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 Applicant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 148 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 5 of 12 insurance or self-insurance and shall be at least as broad as CG 20 10. In the event Applicant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Applicant. Failure to exercise this right shall not constitute a waiver of right to exercise later. a.The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 149 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 6 of 12 of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Any failure of Applicant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 3.2.1.4.1 An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Applicant shall notify City within 14 days of notification from Applicant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 3.2.1.4.2 For Applicant’s contractors and subcontractors, an endorsement for completed operations for the construction project, such as the CG 20 37 “Additional Insured—Owners, Lessees or Contractors— Completed Operations” endorsement form, shall be submitted by Applicant to the City no later than 30 days after completion of the Project. 3.2.1.5 Submittal Requirements and Verification of coverage. Applicant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. a. Prior to execution of this Agreement, Applicant shall submit: Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 150 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 7 of 12 i. Certificate(s) of Commercial General Insurance and Automobile Liability Insurance; and ii. Additional Insured Endorsement such as CG 20 10 “Designated Person Or Organization Endorsement”. b. Prior to commencement of the Project as described in Section 2.4., Applicant shall furnish City with contractor’s certificates of insurance and with original endorsements effecting coverage required herein. 3.2.1.6 Contractors and Subcontractors. Applicant agrees to include with all contractors or subcontracts the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Contractors or subcontractors hired by Applicant agree to be bound to Applicant and the City in the same manner and to the same extent as Applicant is bound to the City under the Contract Documents. 3.2.1.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 3.2.1.8 Deductibles and Self-Insured Retentions. Applicant and its contractor(s) shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 3.2.1.9 Wasting Policies. No policy required by this Section 3 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 3.2.1.10 Endorsement Requirements. Each insurance policy required by this Section 3 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 151 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 8 of 12 3.2.1.11 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 3.2.1.12 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Applicant shall provide written notice to City at Applicant’s earliest possible opportunity and in no case later than five days after Applicant is notified of the change in coverage. 3.2.2 Term of Coverage. Applicant, at its own cost and expense, shall maintain all insurance policies required by this Agreement for the duration of the Agreement’s Term. Applicant shall require that all contractors and subcontractors, at their own cost and expense, maintain the insurance policies required by this Agreement until the Project is complete and the Applicant accepts 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 Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 152 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 9 of 12 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. Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 153 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 10 of 12 6.2 Compliance with Applicable Laws. Applicant and its Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Applicant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 6.4 Licenses and Permits. Applicant represents and warrants to City that its Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Applicant represents and warrants to City that its Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Applicant shall obtain and maintain during the term of this Agreement valid Business Licenses from City and Applicant’s Contractor and any subcontractors shall obtain and maintain a valid Business Licenses from City during the construction phase of the project. 6.5 Nondiscrimination and Equal Opportunity. Applicant and its Contractor and any subcontractors shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Applicant under this Agreement. Section 7.GENERAL PROVISIONS. 7.1 Rights of Access. Representatives of the City shall have the reasonable right to access the Site, without charges or fees, for the purpose of inspecting the Project, including the Eligible Improvements. City (or its representatives) shall, except in emergency situations, give Applicant reasonable advance notice prior to exercising its rights herein. Nothing herein shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of the Site in accordance with applicable law. 7.2 Compliance with Laws. Applicant shall carry out the Project in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and development standards; building, plumbing, mechanical and electrical Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 154 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 11 of 12 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. To City: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attention: City Manager Phone: (925) 833-6650 Email: city.manager@dublin.ca.gov To Property Owner: 7667 Amador Valley Boulevard LLC 1777 Manor Drive Hillsborough, CA 94010 Phone: 415-272-0666 To Applicant: Vets For Pets Inc 7667 Amador Valley Boulevard, Ste A&B Dublin, CA 94568 Attention: Daleep Arora, President Phone: 209-992-9904 Email: daleep.vetcare@googlemail.com Any Notice shall be deemed received on the date of delivery if delivered by personal service, on the date of delivery or refused delivery as shown by the return receipt if sent certified mail, and on the date of delivery or refused delivery as shown by the records of the overnight courier if sent via nationally recognized overnight courier. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party. 7.5 Relationship between City and Applicant. It is hereby acknowledged that the relationship between City and Applicant is not that of a partnership or joint venture and that City and Applicant shall not be deemed or construed for any purpose to be the Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 155 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 12 of 12 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. Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 156 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 13 of 12 7.10 Non-liability of Officials and Employees of City. No member, official or employee of the City shall be personally liable to Applicant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Applicant or its successors, or on any obligations under the terms of this Agreement. 7.11 Applicable Law. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement. 7.12 No Third Party Rights. This Agreement is made and entered into solely for the benefit of the City and Applicant and no other third party shall have any right of action under this Agreement. 7.13 Disclosure of Documents. Applicant acknowledges that the City is subject to the provisions of the California Public Records Act and that any information submitted to the City may be disclosed to the extent required by law. 7.14 Liability. Owner is wholly liable for any Claims arising out of this Agreement. 7.15 Termination. In addition to City’s right to terminate under Section 2.4 and 2.5, City or Applicant may terminate this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations under this Agreement. The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 157 Commercial Façade Improvement Grant Program Agreement Between City of Dublin and Vets for Pets Inc Page 14 of 12 CITY: CITY OF DUBLIN, a municipal corporation By: ____________________________________ Colleen Tribby, City Manager Attest: ____________________________________ Marsha Moore, City Clerk Approved as to form ____________________________________ City Attorney PROPERTY OWNER: 7667 Amador Valley Blvd LLC By: ____________________________________ 7667 Amador Valley Blvd LLC TENANT/BUSINESS OWNER: Vets for Pets Inc, a California S-Corp By: ____________________________________ Rajbir Grewal on behalf of Daleep Arora, President Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 158 Commercial Façade Improvement Grant Program Agreement between City of Dublin and Vets For Pets Inc Exhibit A - Page 1 EXHIBIT A SCOPE OF WORK Proposed improvements include horizontal siding, ADA-compliant entry doors, a refreshed paint scheme, new monument and building signage, exterior lighting, and permanent landscaping. However, Staff recommends prioritizing the funding for all eligible exterior improvements except landscaping, as those plans have not yet been approved through the City’s review process. •Exterior to be wrapped with new horizontal siding •Two new metal awnings added to both entrances •New siding and parapet to be painted new color •All exterior window updates •Entry door to be ADA compliant •Landscaping update to include gravel •New signage and installation Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 159 Commercial Façade Improvement Grant Program Agreement between City of Dublin and Vets For Pets Inc - Exhibit B Page 1 EXHIBIT B ELIGIBLE IMPROVEMENTS Applicant is the business owner of Vets For Pets Inc (A.P.N. 941-0173-003 in Dublin, California and shall construct and install the façade improvements including, but not limited to the following (not including landscaping): •Exterior to be wrapped with new horizontal siding •Two new metal awnings added to both entrances •New siding and parapet to be painted new color •All exterior window updates •Entry door to be ADA compliant •New signage and installation Docusign Envelope ID: 3E2317C2-3F01-4286-97CB-4D859BF0DD59 160