HomeMy WebLinkAboutReso 11-13 Facade Improv Vlg Pkwy RESOLUTION NO. 11 -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
•
APPROVING A COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT
WITH THE MURPHY TRUST RELATING TO FACADE IMPROVEMENTS TO BE
PERFORMED ON A PROPERTY LOCATED AT 7100-7116 VILLAGE PARKWAY
WHEREAS, for decades, state and local governments have used economic development
incentives to attract or retain jobs and/or improve the local tax base; and
WHEREAS, the City Council of the City of Dublin adopted Resolution No. 216-11 on
December 20, 2011, which Resolution established a Commercial Facade Improvement Grant
Program ("Program") intended to improve the physical appearance of the Downtown Dublin
Specific Plan Area and the segment of Dublin Boulevard between Village Parkway and
Dougherty Road, encourage the retention of existing businesses, as well as increase property
values, tenant stability, and lease rates for the property; and
WHEREAS, the Program authorizes the City of Dublin to enter into agreements with
commercial property owners, or tenants With long-term leases (five or more years remaining on
the lease at the time a Program application is submitted) to apply for either 1) a mini-grant for
reimbursement of up to $5,000; or 2) a matching grant, that provides a reimbursable matching
grant of two-thirds (67%) of eligible project costs, up to a maximum of $70,000; and
WHEREAS, property owner owns certain real property located at 7100-7116 Village
Parkway (APN: 941-0210-005-04), ("the Property"), located in the City; and
WHEREAS, the property owner intends to improve the facade of the Property. These
improvements include painting the entire building; installing metal awnings over windows;
installing horizontal slat wood siding (Ipe Rainscreen Wall System); and installing exterior
lighting; and
WHEREAS, the City Council finds that this agreement serve a public purpose in that it
will help improve the physical appearance of the Downtown Dublin Specific Plan Area and the
segment of Dublin Boulevard between Village Parkway and Dougherty Road, encourage the
retention of existing businesses, and increase property values and tenant stability, thus
benefitting the City and its residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approves the Commercial Facade Improvement Grant Program Agreement attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement substantially in the form attached hereto and to undertake such further action as
may be necessary and desirable to carry out the intent of this resolution.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 5th day of February, 2013, by the following
vote:
AYES: Councilmembers Biddle, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: • None
ABSTAIN: None
Jr\A{— Atej-
Mayor
ATTEST:
City Clerk
Reso No. 11-13,Adopted 2-5-13, Item 8.4 Page 2 of 2
City Grant Amount $70,000
Applicant Matching $35,000
Total Project $105,000
COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT
THIS COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT
("Agreement")dated as of this day of February,2013,the date of execution by the City
(the"Effective Date')is entered into by and between the CITY OF DUBLIN, a public body
corporate and politic("City') and The Murphy Trust("Owner/Applicant").
RECITALS
A. The City has adopted a Commercial Facade Improvement Grant Program
("Program") in order to provide grants to certain owners or tenants of eligible buildings who
design and construct improvements to the facades of their buildings.
B. Applicant is the tenant/owner of that certain real property located at 7100-7116
Village Parkway, Dublin CA(the'Site"), and within the boundaries outlined by the Commercial
Facade Improvement Grant Program Guidelines("Program Guidelines").
C. Applicant has submitted an application to the City pursuant to the Program
Guidelines for a grant for certain facade improvements to the Site, and City has determined that
Applicant and the Site meet the eligibility criteria for the Program.
D. City desires to enter into this Agreement because improvement of the Site will
enhance the physical appearance and economic vitality of commercial businesses, encourage
full occupancy of storefronts, generate additional tax revenue and assist in providing an
environment for the social, psychological and economic growth and well-being in the boundaries
outlined by the Program Guidelines and the citizens of the City.
E. Applicant desires to enter into this Agreement with City to receive assistance in
making certain improvements to the Site, and City is willing to do so on the terms and conditions
set forth in this Agreement.
AGREEMENT
NOW,THEREFORE, City and Applicant hereby agree as follows:
1. IMPROVEMENT OF THE SITE
1.1 Scope of Work. Applicant shall construct and install the facade improvements in
accordance with the Scope of Work attached hereto as Exhibit 1 and the schematic drawings,
plans and documents submitted to and approved by the City(the"Work").
1.2 Commercial Façade Improvement Grant Funds. The City agrees to reimburse
to the Applicant a sum not to exceed $70,000 for Work (the "Maximum Grant Amount"), as set
forth below:
a. All services to be performed by a third party contractor shall be the subject of
agreement between Applicant and the third party contractors. The City shah not
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City of Dublin and The Murphy Trust Page 1 of 8
assume any liability for such agreements. The Applicant shall submit to the City all
invoices from the contractor or contractors who performed the Work, together with
the contractors'completion notice as signed by the contractor and approved by the
Applicant
b. All invoices, contractors' completion notices and proofs of payment by Applicant
shall be submitted to the City.
c. A representative of the City shall inspect the completed Work,and receipt of a
final job site inspection record,the contractor's invoice(s)and completion notice
have been submitted.
d. Upon determination by the City's representative that the Work has been
completed in conformance with the Scope of Work(Exhibit 1)and the City
approvals,the City shall issue a check within 14 business days made payable to
the Applicant In an amount equal to the lesser of the Maximum Grant Amount or
the actual amount of the invoices submitted to the City by the Applicant.
e. Any and all costs of the Work,which are in excess of the Maximum Grant
Amount,shall be the sole responsibility of,and be borne by,the Applicant.
1.3 Permits and Approvals. Before commencement of the Work,Applicant shall
secure or cause to be secured any and all permits which may be required by the City and any
other governmental agency affected by such construction or work.
1.4 Commencement of the Work. Within 90 days after the Effective Date,
Applicant shall have selected and authorized one or more contractors to perform the Work,and
shall have provided notice to the City of such selection and authorization. In the event the
Applicant fails to select and authorize a contractor or contractors to perform the Work within
such 90-day period,the City may,at its option,terminate this Agreement upon written notice to
the Applicant. In such event,neither party shall have any further rights against or liability to the
other in connection to this Agreement. All contractors performing the Work must be licensed in
the State of California.
1.5 Completion of the Work. Applicant shall complete the Work and satisfy all
other obligations and conditions of this Agreement within 120 days of building permit issuance.
This completion date is subject to revision from time to time as mutually agreed upon in writing
between Applicant and City's Economic Development Director,or her designee.
1.6 Insurance Requirements. Applicant shall take out and maintain or shall cause
its contractor to take out and maintain, a commercial general liability policy with a combined
single limit of not less than One Million Dollars($1,000,000)for injury to or death of one or more
persons in any one accident or occurrence and property damage in any one accident or
occurrence,and an aggregate limit of not less than Two Million Dollars($2,000,000),as shall
protect Applicant and City from claims for damages associated with the Site and the Work.
Such policy or policies shall be written on an occurrence form. Applicant or its contractor shall
furnish or cause to be furnished to City evidence satisfactory to City that Applicant and any
contractor with whom it has contracted for the Work or otherwise pursuant to this Agreement
carries workers'compensation insurance as required by law. Companies writing the insurance
required by this section shall be licensed to do business in the State of California. Insurance is
to be placed with insurers with a current A.M. Best's rating of no less than A:VII. The
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commercial general liability policies shall name the City and their respective officers,agents,
employees,and representatives as additional insureds. Applicant shall furnish City with a
certificate of insurance evidencing the rewired insurance coverage and a duly executed
endorsement evidencing such additional insured status prior to commencement of the Work.
The certificate shall contain a statement of obligation on the part of the carrier to notify City of
any material change,cancellation or termination of the coverage at least thirty(30)days in
advance of the effective date of any such material change,cancellation or termination.
1.7 Prevailing Wages. Applicant shall require any contractors performing the Work
to pay prevailing wages pursuant to the requirements of the California Labor Code,Section
1771,at seq. For the purpose of this Agreement,prevailing wages are the general prevailing
rate of per diem wages and the general prevailing rate for holiday and overtime work in this
locality for each craft,classification,or type of worker needed to execute this Agreement as
ascertained by the Director of the Department of Industrial Relations of the State of California.
The holidays upon which such rates shall be paid shall be all holidays recognized in the
collective bargaining agreement applicable to the particular craft,classification,or type of worker
employed on the project.
The Contractors and each subcontractor shall keep an accurate payroll record showing
the name,address,social security number,work classification,straight time and overtime hours
worked each day and week and the actual per diem wages paid to each journeyman,
apprentice,worker or other employee employed by the Contractors or subcontractors in
connection with the Work. The payroll records shall be kept In accordance with the provisions
of Section 1776 of the California Labor Code,and Contractor and each subcontractor shall
otherwise comply with requirements of such Section 1776.
1.8 Rights of Access. Representatives of the City shall have the reasonable right to
access the Site,without charges or fees,for the purpose of inspecting the Work. City(or its
representatives)shall,except in emergency situations,give Applicant reasonable advance
notice prior to exercising its rights herein. Nothing herein shag be deemed to limit the ability of
the City to conduct code enforcement and other administrative inspections of the Site in
accordance with applicable law.
1.9 Compliance with Laws;indemnity;Waiver. Applicant shall carry out the work
of Improvements in conformity with all applicable federal,state and local laws, including Labor
Code requirements;City zoning and development standards;building,plumbing,mechanical
and electrical codes;aN 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,at seq.,Government Code Section 4450,at seq.,Government Code
Section 11135,at seq., and the Unruh Civil Rights Act,Civil Code Seddon 51, at seq.
I: Applicant shall defend(with counsel reasonably acceptable to City),indemnify and hold
harmless the City and its officers,employees,volunteers,agents and representatives from and
against any and all present and future liabilities,obligations,orders,claims,damages,fines,
penalties and expenses(including attorneys'fees and costs of the counsel or joint-counsel
retained by Applicant to defend City)(collectively,"Claims"),arising out of or in any way
connected with Applicant's obligation to comply with all laws with respect to the Work,including
all Claims that may be made by contractors,subcontractors or other third party claimants
pursuant to Labor Code Sections 1726 and 1781.
iI
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Applicant hereby waives, releases and discharges forever the City,and its employees,
officers,volunteers,agents and representatives,from any and all present and future Claims
arising out of or in any way connected with this Agreement,the performance of the Work,or
Applicant's obligation to comply with all laws with respect to the Work.
1.10 Nondiscrimination during Construction. The Applicant,for itself and its
successors and assigns, agrees that in selecting one or more contractors to perform the Work,
the Applicant wiN not discriminate on the basis of race,color,creed, religion,sex, age,handicap,
marital status, ancestry or national origin.
2. MAINTENANCE COVENANTS. The Applicant covenants and agrees,for itself, its
successors,its assigns and every successor in interest to the Site or any part thereof,that the
Applicant will maintain,at Applicant's own cost and expense,the improvements on the Site in a
clean and orderly condition,free of graffiti,and in good condition and repair,and will keep the
Site free from any accumulation of debris and waste materials. Any damage to the building
visible from the street is to be repaired immediately. The Applicant shall promptly touch up
painted areas and perform any other repairs needed to maintain an attractive building
appearance, including cleaning all awnings, if any,at least once a year. The foregoing
covenants shall remain in effect for a period of 48 months from the completion of the Work.
During this 48-month period,Applicant agrees,for itself,its successors,its assigns and every
successor in interest,that it will not materially alter the facade,as improved with City funds,
without the prior written consent of City which consent may be conditioned by City to preserve
facade features to the extent necessary to achieve the objectives of City for entering into this
Agreement. Any violation of this section not cured within 60 days shall entitle City to
reimbursement of the funds granted by City from the person or entity responsible for the
violation.
3. GENERAL PROVISIONS
3.1 Assignment. Applicant shall have the right to assign all of its rights and
obligations under this Agreement,provided however that any such assignment shall be effective
only upon receipt by City of written notice of the assignment.
3.2 Notices, Demands and Communications between the Parties. Any approval,
disapproval,demand,document or other notice("Notice")which either party may desire to give
to the other party under this Agreement must be in writing and shall be given by certified mail,
return receipt requested and postage prepaid,personal delivery,or reputable overnight courier
(but not by facsimile or email),to the party to whom the Notice is directed at the address of the
party as set forth below, or at any other address as that party may later designate by Notice.
To City: City of Dublin
100 Civic Plaza
Dublin,CA 94568
Attention: City Manager
To Applicant: The Murphy Trust
1485 Bayshore Blvd.,#101
San Francisco, CA 94124
Attention: Thomas Murphy,Trustee
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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
mall,and on the date of delivery or refused delivery as shown by the records of the overnight
courier If sent via nationally recognized overnight courier. Notices sent by a party's attorney on
behalf of such party shall be deemed delivered by such party.
3.3 Relationship between City and Applicant. It is hereby acknowledged that the
relationship between City and Applicant is not that of a partnership or joint venture and that City
and Applicant shall not be deemed or construed for any purpose to be the agent of the other.
Accordingly,except as expressly provided herein or in the Attachments hereto,City shall have
no rights,powers,duties or obligations with respect to the development,operation,maintenance
or management of the Site or the Work. Applicant agrees to indemnify,hold harmless and
defend City from any claim made against City arising from a claimed relationship of partnership
or joint venture between City and Applicant with respect to the development,operation,
maintenance or management of the Site or the Work.
3.4 integration. This Agreement contains the entire understanding between the
parties relating to the transactions contemplated by this Agreement. All prior or
contemporaneous agreements, understandings,representations and statements,oral or written,
are merged in this Agreement and shall be of no further force or effect.
3.5 Modifications. Any alteration,change or modification of or to this Agreement,in
order to become effective,shall be made in writing and in each Instance signed on behalf of
each party.
3.6 Conflicts of Interest. No member,official or employee of City shall have any
personal interest,direct or indirect,in this Agreement, nor shall any such member,official or
employee participate in any decision relating to the Agreement which affects his personal
interests or the interests of any corporation,partnership or association in which he is directly or
indirectly interested.
3.7 Applicant's indemnity. Applicant shall indemnify, defend(with counsel
reasonably acceptable to City), protect and hold City,and its officers,employees,agents and
representatives, harmless from,any and all Claims of any kind or nature arising out of the Work
or this Agreement or the implementation hereof,including,but not limited to,any damages to
property,injuries to persons or accidental death(including reasonable attorneys fees and
costs),which may be caused by the Work or any activities associated with the Work,whether
such activities or Work is performed by Applicant or by anyone directly or indirectly employed or
contracted with by Applicant. Applicant's indemnity obligations under this section shall survive
termination of this Agreement. Applicant's indemnity obligations under this section shall not
extend to claims,demands,damages,defense costs or liability for property damage,bodily
injury or death occasioned by the sole negligence or willful misconduct of the City,or its officers,
employees,agents or representatives.
3.8 Non-liability of Officials and Employees of City. No member,official or
employee of the City shall be personally liable to Applicant,or any successor in interest,in the
event of any default or breach by City or for any amount which may become due to Applicant or
its successors,or on any obligations under the terms of this Agreement.
3.9 Applicable Law. The laws of the State of California,without regard to conflict of
laws principles,shall govern the interpretation and enforcement of this Agreement.
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3.10 No Third Party Rights. This Agreement is made and entered into solely for the
benefit of the City and Applicant and no other third party shall have any right of action under this
Agreement.
3.11 Disclosure of Documents. Applicant acknowledges that the City Is subject to
the provisions of the California Public Records Act and that any information submitted to the
City may be disclosed to the extent required by law.
3.12 Joint and Several Liability. Owner and Tenant are jointly and severally liable
for any Claims arising out of this Agreement.
3.13 Termination. In addition to City's right to terminate under section 1.4,either
party may terminate this Agreement upon written Notice to the other in the event that the other
party falls to comply with its obligations under this Agreement.
[Signatures follow on next page)
114.1001 1978588.3 Commercial Facade Improvement Grant Program Agreement between 1/11/2013
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IN WITNESS WHEREOF,City and Applicant have executed this Agreement on the
respective dates set forth below.
CITY: OWNER:
THE CITY OF DUBLIN,a public body, The Mu,. y ,1 11 tsC b i b OCCMit L 3i 2493
corporate and politic
By:
By:Joni Pattillo,City Manager Its: TAUS i :
Dated: Dated;(\A N t S , 2-0
ATTEST:
Caroline Soto,City Clerk
APPROVED AS TO FORM:
John Bakker,City Attorney
114.1001 1978588.3 Commercial Facade Improvement Grant Program Agreement between 1/11/2013
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•
EXHIBIT NO. 1
SCOPE OF WORK
Applicant is the owner of that certain real property located at 7100-7116 Village Parkway,Dublin
CA and shag construct and Install the facade improvements as outlined below and in the
attached elevation:
• Paint the entire building
• Install metal awnings over windows
• Install horizontal slat wood siding (Ice Rainscreen Wail System)
• Install exterior lighting
114.1001 1978588.3 8
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