HomeMy WebLinkAbout5.9 Small Business Assistance Grant Program Agreements for The Sand Trapp and AVA Jiu Jitsu
STAFF REPORT
CITY COUNCIL
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Agenda Item 5.9
DATE: July 15, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Small Business Assistance Grant Program Agreements for The Sand
Trapp and AVA Jiu Jitsu
Prepared by: Felicia Escover, Economic Development Manager
EXECUTIVE SUMMARY:
The City Council will consider approving two separate Small Business Assistance Grant
Program Agreements for The Sand Trapp and AVA Jiu Jitsu. The Sand Trapp, an indoor golf
facility located at 7802 Dublin Boulevard, is requesting $28,000 for improvements related to
the Americans with Disabilities Act (ADA) including an accessible restroom and exterior ramp.
AVA Jiu Jitsu, a new martial arts studio at 7236 San Ramon Road, is requesting $23,930 for
ADA upgrades, sewer connection fees, and design -related costs. The Program supports
business openings and the activation of long-vacant spaces through reimbursement-based
grants.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Small Business Assistance Grant Program Agreement
Between the City of Dublin and The Sand Trapp, and a Small Business Assistance Grant
Program Agreement Between the City of Dublin and AVA Jiu Jitsu.
FINANCIAL IMPACT:
There is sufficient funding available in the adopted Fiscal Year 2025-26 operating budget for
this expenditure.
DESCRIPTION:
The Small Business Assistance Grant Program is an economic development tool designed to
assist businesses meet regulatory requirements that are often necessary to open or expand in
Dublin that are often cost-prohibitive for new businesses. The Program is funded through an
annual $100,000 economic benefit payment made by Amador Va lley Industries (AVI) for the
exclusive right to collect construction and demolition debris as outlined in their service
agreement with the City. The Program’s eligible expenses include ADA upgrades, sewer
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connections, Title 24 energy compliance, and other infrastructure improvements. The Program
helps reduce financial burdens, promotes timely openings, and encourages activation of
underutilized commercial spaces. Awards are made on a reimbursement basis.
The Sand Trapp (7802 Dublin Boulevard)
Small Business Assistance Grant Program Request: $28,000.
The Sand Trapp is an indoor training facility offering year-round golf instruction, simulation
technology, and wellness services for residents of all ages. The business will feature hitting
bays, a putting green, golf-specific fitness areas, and programming that includes youth
summer camps, after-school programs, and adult wellness classes. The applicant has
committed approximately $750,000 in private funding to transform the previously occupied dry -
cleaning site—which had been vacant for approximately three years—into a recreational
venue. The Sand Trapp signed a five-year lease beginning March 2025.
To meet regulatory requirements for accessibility and occupancy, the business must construct
an ADA-compliant restroom and an exterior ramp—totaling $28,000 in estimated costs. These
upgrades include demolition, plumbing, tile installation, accessibility hardware, and installation
of a yellow ADA pad and metal support bars. The grant will help offset these necessary
expenses and ensures the business is fully accessible to patrons with disabilities.
The Sand Trapp expects to create four full-time and four part-time jobs and serve more than
400 clients annually. The facility will generate revenue through simulator rentals, retail sales,
and food and beverage offerings, all of which are subject to sales tax. While these are new
business owners, they are committed to making this business successful. Approval of this
grant helps ensure equitable access and supports a business model that promotes wellness,
youth development, and brings new jobs to Dublin.
AVA Jiu Jitsu (7236 San Ramon Road)
Small Business Assistance Grant Program Request: $23,930.
AVA Jiu Jitsu is a family-oriented martial arts studio offering youth jiu jitsu classes, women’s
self-defense training, and general fitness programming for all ages. The business is activating
a retail suite in the Lamps Plaza shopping center that had been vacant for five years. AVA Jiu
Jitsu signed a five-year lease with a five-year extension option.
The grant request covers $9,330 in unforeseen sewer connection fees, $5,800 in architectural
and mechanical, equipment, and plumbing design costs related to damaged drop ceiling
insulation, and $8,800 in ADA restroom upgrades. The owner, who previously ran a successful
gym in Walnut Creek, relocated to Dublin to start this independent venture with investor
support. Once operational, AVA Jiu Jitsu will create three jobs (including one full-time role) and
generate regular foot traffic, benefiting neighboring businesses and contributing to the center’s
revitalization.
Economic Development Committee Consideration
On June 24, 2025, the Economic Development Committee reviewed separate applications
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from The Sand Trapp and AVA Jiu Jitsu. By consensus, the Committee recommended City
Council approval of both grant requests. 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 Small Business Assistance Grant Program Agreement Between the
City of Dublin and The Sand Trapp, and a Small Business Assistance Grant Program
Agreement Between the City of Dublin and AVA Jiu Jitsu
2) Exhibit A to the Resolution – Small Business Assistance Grant Program Agreement
Between the City of Dublin and The Sand Trapp
3) Exhibit B to the Resolution – Small Business Assistance Grant Program Agreement
Between the City of Dublin and AVA Jiu Jitsu
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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 SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT
BETWEEN THE CITY OF DUBLIN AND THE SAND TRAPP, AND A SMALL BUSINESS
ASSISTANCE GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF DUBLIN AND
AVA JIU JITSU
WHEREAS, the City of Dublin has established a Small Business Assistance Grant Program
(“Program”) to assist Dublin-based commercial, industrial, and retail businesses with the cost of
complying with federal, state, and local regulations, including disability access requirements,
sewer connections, and other infrastructure improvements necessary for business operation; and
WHEREAS, the Program is funded through an annual $100,000 economic benefit payment
made by Amador Valley Industries (AVI) for the exclusive right to collect construction and
demolition debris as outlined in their service agreement; and
WHEREAS, the Program Guidelines provide for reimbursement-based grants to be used
for eligible improvements within one year of grant approval, and require review by the Economic
Development Committee and final approval by the City Council; and
WHEREAS, The Sand Trapp, a new indoor golf facility located at 7802 Dublin Boulevard,
has applied for and been recommended to receive a grant of $28,000 to support ADA -compliant
improvements, including the installation of an accessible restroom and exterior ramp, as
necessary for occupancy and business operation; and
WHEREAS, AVA Jiu Jitsu, a new martial arts studio located at 7236 San Ramon Road,
has applied for and been recommended to receive a grant of $23,930 for improvements inclu ding
sewer connection fees, architectural and design costs, and ADA restroom upgrades, in order to
satisfy regulatory requirements for opening and operation ; and
WHEREAS, both grant requests were reviewed by the Economic Development Committee
on June 24, 2025, and were unanimously recommended for approval to the City Council ; and
WHEREAS, the City Council finds that these Agreements serve a public purpose in
supporting small business development, activating long-vacant commercial spaces, promoting job
creation, and fostering economic vitality consistent with the City’s adopted Economic Development
Strategy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the execution of two separate Small Business Assistance Grant Program
Agreements: one between the City of Dublin and The Sand Trapp, and one between the City of
Dublin and AVA Jiu Jitsu, in substantially the form attached hereto as Exhibit A and Exhibit B,
respectively.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreements, attached hereto as Exhibit A and Exhibit B, and make any necessary, non-
substantive changes to carry out the intent of this Resolution.
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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
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Small Business Assistance Grant Program Agreement – City of Dublin and The Sand Trapp
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City Reimbursement Grant Amount $28,000
SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT
THIS SMALL BUSINESS ASSISTANCE PROGRAM AGREEMENT ("Agreement") dated
as of this 15th day of July 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"),KBDub,
LLC (“Owner"), and The Sand Trapp (“Tenant” and “Applicant”).
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 disability access requirements, trash
enclosures, sewer connections and other such obligations imposed on small businesses.
B. Applicant leases space from Owner at certain real property located at 7802
Dublin Boulevard, Dublin, CA (the “Site”), and within the boundaries outlined by the Small
Business Assistance Program Guidelines (“Program Guidelines”).
C. Applicant has submitted an application to the City pursuant to the Program
Guidelines for a 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 of the Site, and thereby enhance the economic vitality of commercial
businesses, generate additional tax revenue and economic growth in the City.
E. Applicant desires to enter into this Agreement with City to receive assistance in
making certain improvements to the Site, and City is willing to do so on the terms and conditions
set forth in this Agreement.
A G R E E M E N T
NOW, THEREFORE, City and Applicant hereby agree as follows:
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”).
Attachment 2
Exhibit A to the Resolution
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Small Business Assistance Grant Program Agreement – City of Dublin and The Sand Trapp
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2.2 Small Business Assistance Grant Funds. The City agrees to reimburse to the
Applicant a sum not to exceed twenty-eight thousand dollars, [$28,000] (the “Grant Amount”), for
certain eligible improvements (the “Eligible Improvements”) as set forth below:
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.
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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 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
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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 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.
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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.
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
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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 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
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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
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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.
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
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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.
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
KBDub, LLC
c/o Laverty Chacon, Inc.
PO Box 1003
Citrus Heights, CA 95611-1003
Phone: 916-722-0333
Email: NA
Attention: Ron Krantzman, Property Owner
And
Tenant
The Sand Trapp
7802 Dublin Boulevard
Phone: 415-515-7068
Email: info@thesandtrapp.com
Attention: Elliot Bunyaviroch, Tenant
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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, 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.
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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 Joint and Several Liability. Owner and Tenant are jointly and severally 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.
IN WITNESS WHEREOF, City, Applicant and Owner have executed this Agreement on
the respective dates set forth below.
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CITY:
THE CITY OF DUBLIN, a public body,
corporate and politic
By:
Colleen Tribby,
City Manager
ATTEST:
Marsha Moore,
City Clerk
APPROVED AS TO FORM:
City Attorney
OWNER:
KBDub, LLC
By:
Printed Name: Ron Krantzman
Title: Property Owner
TENANT:
The Sand Trapp
By:
Printed Name: Elliot Bunyaviroch
Title: Business Owner / Tenant
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EXHIBIT NO. 1
SCOPE OF WORK
PROJECT
The Sand Trapp is a first-of-its-kind indoor golf training facility in Dublin, providing a state-of-the-
art space for golfers of all ages and skill levels. Our facility will feature Foresight-powered hitting
bays, a large PuttView putting green, and a golf-specific gym, offering a unique, year-round
training environment that supports both youth development and adult wellness.
In order to meet ADA accessibility requirements, we must construct an additional ADA-
compliant restroom before opening. We are seeking grant assistance to offset this cost,
ensuring our facility is fully compliant while allowing us to focus resources on community
programming, staffing, and operations.
To meet ADA standards, we must build an additional restroom and an additional exterior ramp
to accommodate all patrons, including individuals with disabilities.
The estimated cost for these requirements is $28,000, broken down as follows:
Bathroom - $23,000:
Demolition & Hauling Debris – $2,500
Upgrade Plumbing & Electrical – $4,500
New Walls & Framing – $4,000
Drywall & Waterproofing – $4,500
Tile & Baseboard Installation – $3,000
Toilet, Vanity, Sink, Faucet, Mirror, & Fixtures – $2,500
Lighting Installation – $1,000 Paint – $1,000
Exterior Ramp - $5,000:
Demolition & Hauling Debris – $2,000
Installation of metal bars and yellow ADA pad – $1,500
Preparing, planning and pouring concrete – $500
Metal bars, concrete, yellow ADA pad – $1,000
We will be producing 8 new jobs for the community while hoping to serve 400 new clients every
year.
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EXHIBIT NO. 2
ELIGIBLE IMPROVEMENTS
Bathroom - $23,000:
Demolition & Hauling Debris – $2,500
Upgrade Plumbing & Electrical – $4,500
New Walls & Framing – $4,000
Drywall & Waterproofing – $4,500
Tile & Baseboard Installation – $3,000
Toilet, Vanity, Sink, Faucet, Mirror, & Fixtures – $2,500
Lighting Installation – $1,000 Paint – $1,000
Exterior Ramp - $5,000:
Demolition & Hauling Debris – $2,000
Installation of metal bars and yellow ADA pad – $1,500
Preparing, planning and pouring concrete – $500
Metal bars, concrete, yellow ADA pad – $1,000
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City Reimbursement Grant Amount $23,930
SMALL BUSINESS ASSISTANCE GRANT PROGRAM AGREEMENT
THIS SMALL BUSINESS ASSISTANCE PROGRAM AGREEMENT ("Agreement") dated
as of this 15th day of July 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"),
Gabriel H Chiu (“Owner"), and AVA Jiu Jitsu (BR Jiu Jitsu LLC)(“Tenant” and “Applicant”).
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 disability access requirements, trash
enclosures, sewer connections and other such obligations imposed on small businesses.
B. Applicant leases space from Owner at certain real property located at 7236 San
Ramon Road, Dublin CA (the “Site”), and within the boundaries outlined by the Small Business
Assistance Program Guidelines (“Program Guidelines”).
C. Applicant has submitted an application to the City pursuant to the Program
Guidelines for a 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 health and safety for the public at the Site, and thereby enhance the
economic vitality of commercial businesses, generate additional tax revenue and economic
growth in the City.
E. Applicant desires to enter into this Agreement with City to receive assistance in
making certain improvements to the Site, and City is willing to do so on the terms and conditions
set forth in this Agreement.
A G R E E M E N T
NOW, THEREFORE, City and Applicant hereby agree as follows:
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”).
Attachment 3
Exhibit B to the Resolution
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2.2 Small Business Assistance Grant Funds. The City agrees to reimburse to the
Applicant a sum not to exceed twenty-three thousand nine hundred and thirty dollars ($23,930)
(the “Grant Amount”), for certain eligible improvements (the “Eligible Improvements”) as set forth
below:
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.
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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 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:
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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 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
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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.
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.
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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 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.
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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.
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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 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.
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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.
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
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To Applicant: Owner
Gabriel H Chiu
1767 Germano Way
Pleasanton, CA 94566
Phone: 925-963-0898
Email: gabrielhchiu@gmail.com
Attention: Gabriel H Chiu, Property Owner
And
Tenant
AVA Jiu Jitsu (BR Jiu Jitsu LLC)
1600 Ramona Way, Unit A
Alamo CA 94507
Phone: 415-619-4405
Email: filipe.jerry@gmail.com
Attention: João Filipe Silva De Oliveira
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, 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.
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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.
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 Joint and Several Liability. Owner and Tenant are jointly and severally 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.
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IN WITNESS WHEREOF, City, Applicant and Owner have executed this Agreement on
the respective dates set forth below.
CITY:
THE CITY OF DUBLIN, a public body,
corporate and politic
By:
Colleen Tribby,
City Manager
ATTEST:
Marsha Moore,
City Clerk
APPROVED AS TO FORM:
City Attorney
OWNER:
By:
Printed Name: Gabriel H Chiu
Title: Property Owner
TENANT:
AVA Jiu Jitsu (BR Jiu Jitsu LLC)
By:
Printed Name: João Filipe Silva De Oliveira
Title: Business Owner
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EXHIBIT NO. 1
SCOPE OF WORK
PROJECT
The requested funds will be used to help offset unanticipated costs related to DSRSD sewer
connection fees and expanded tenant improvements triggered during the permitting process.
After signing the lease, we discovered that the existing space required more extensive work
than originally anticipated, including replacement of the drop ceiling due to compromised
insulation materials. Our original plan was limited to carpet, paint, and mat installation. The
permitting timeline has also taken longer than expected due to coordination and documentation
requirements. These factors have resulted in budget overruns and delays. The grant would help
us complete the necessary improvements to open safely and in compliance with City
requirements. The grant amount will be used for: $9,330 DSRSD connection + $5,800 MEP
consultants + $8,800 ADA Upgrades.
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EXHIBIT NO. 2
ELIGIBLE IMPROVEMENTS
$9,330 DSRSD connection + $5,800 MEP consultants + $8,800 ADA Upgrades
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