HomeMy WebLinkAbout4.06 Commercial Facade Improvements or D
'9' l4IIt 'a� STAFF REPORT CITY CLERK
\� �J/f File #1100-65
C� CITY COUNCIL
(0 00-3D
DATE: October 6, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Commercial Façade Improvement Grant Program Agreement with B&B Borden
LLC
Prepared by Hazel L. Wetherford, Parks and Community Services Business
Manager
EXECUTIVE SUMMARY:
In December 2011, the City Council adopted the Commercial Facade Improvement Grant
Program as a way to improve the physical appearance of the Downtown Dublin Specific Plan
Area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road, and
encourage the retention of existing businesses, as well as increase property values, tenant
stability, and lease rates in the area. B&B Borden LLC requested participation in the
Commercial Facade Improvement Grant Program to assist them with the substantial facade
improvements for 7032 Village Parkway valued at an estimated cost of$146,764.
FINANCIAL IMPACT:
The proposed agreement is part of a local initiative to encourage economic development and
secure new retail businesses in the city. As allowed under the program guidelines, the City will
reimburse the applicant up to $70,000 for the Commercial Façade and $27,843 for the exterior
patio area. The amount of the reimbursement is based on the matching grant that provides
reimbursement of up to two-thirds (67%) of eligible project costs. The total project cost is
estimated at $146,764. Funding for this Agreement has been budgeted in the Fiscal Year 2015-
2016 Economic Development Budget. The Agreement amount is not to exceed $97,843.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving a Commercial Façade
Improvement Grant Program Agreement with B&B Borden LLC relating to façade and patio
improvements to be performed on the property located at 7032 Village Parkway.
"Reviewed By
Assistant City Manager
Page 1 of 3 ITEM NO. 4.6
DESCRIPTION:
At the December 20, 2011 City Council meeting, the City Council adopted the Commercial
Facade Improvement Grant Program (Attachment 1) as one way to improve the physical
appearance of the Downtown Dublin Specific Plan Area and the segment of Dublin Boulevard
between Village Parkway and Dougherty Road, encourage the retention of existing businesses,
as well as increase property values, tenant stability, and lease rates in the area.
Under the proposed Program, commercial property owners, or tenants with long -term leases
(five or more years) within the Downtown Dublin Specific Plan Area and the segment of Dublin
Boulevard between Village Parkway and Dougherty Road can apply for one of two facade
improvement grants.
Applicants have the option between:
1. Mini -Grant — this grant provides reimbursement of up to $5,000 for commercial building
facade improvements with no match requirement; or
2. Matching Grant — this grant provides a reimbursable matching grant of two - thirds (67 %)
of eligible project costs, up to a maximum of $70,000. The total cost of the improvement
work must be more than $5,000. Receipt of a matching grant requires the approved
applicant to contribute a minimum of one -third of the total cost of the facade improvement
costs.
On April 14, 2014, Staff presented the application to the Standing Economic Development
Committee, and they were supportive of the Matching Grant application with a reimbursement of
up to $70,000, and directed Staff to work with Bette Felton (dba B &B Borden LLC), owner of
7032 Village Parkway on an agreement. These requests fall under the Committee's purview to
provide policy guidance and direction on economic development activities.
On November 21, 2014, Staff presented a request to the Standing Economic Development
Committee to fund additional improvements for the outdoor patio area, and they were supportive
of the additional improvements with a reimbursement of up to $28,000, making the total
reimbursement amount up to $98,000, and directed Staff to move forward with the agreement.
Staff has been working with B &B Borden LLC on the structure of the proposed agreement for
the past several months. During this time, Staff has been able to work with the applicant and an
architect on the proposed design schematics and materials for the facade improvements that
would have some consistency with the redesign of the facade in a similar building on the same
side of the street at the Murphy Trust property, which the City Council funded in 2013, submit a
Site Development Review for the project and finalize the agreement language.
Eligible improvement costs include, but are not limited to, the following: repair or replacement of
exterior siding (including the construction of new facade elements and architectural details); new
patio area along the frontage of the building, which will include sail shade canopies; wall
mounted lamps on the building; and new landscaping along Village Parkway frontage. The total
facade improvement valuation is approximately $146,764. Of this amount, B &B Borden LLC is
seeking reimbursement for $97,843, the maximum amount allowed per the program's matching
grant.
Page 2 of 3
The proposed agreement (Exhibit A to Attachment 2) provides B &B Borden LLC with
approximately 67% of the total project cost, up to a maximum of $97,843. The agreement, as
proposed, meets the criteria established in the Commercial Facade Improvement Grant
Program.
This agreement will result in the improvements to the facade of the property, thus enhancing the
appearance and character of the neighborhood, to the benefit of City residents. Staff believes
that this facade improvement will achieve the goals of the program as well as generate new
retail interest in the City, thus generating additional interest from other property owners in the
area to participate in the program to help transform Village Parkway into a retail destination.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution No. 216 -11 Adopting a Commercial Facade Improvement
Grant Program
2. Resolution Approving the Commercial Facade Improvement Grant
Program Agreement with B &B Borden LLC
3. Exhibit A to Attachment 2 — Commercial Facade Improvement Grant
Program Agreement with B &B Borden LLC
Page 3 of 3
RESOLUTION NO. 216 - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM
WHEREAS, the City Council has made economic development a high priority and has asked
Staff to evaluate possible incentives to renovate or update commercial areas in Dublin; and
WHEREAS, the City Council desires to develop the commercial fagade improvement grant
program; and
WHEREAS, the Program offers commercial property owners, or tenants with long -term
leases (five or more years remaining on the lease at the time a Program application is submitted) to
apply for either 1) a mini -grant for reimbursement of up to five thousand dollars ($5,000); or 2) a
matching grant, which would provide reimbursement for two- thirds of the cost of certain commercial
building fagade improvements; and
WHEREAS, the City will also provide architectural design services to approved applicants, up
to a maximum of five hours, for exterior commercial building fagade improvements; and
WHEREAS, the City Council believes that this Program would encourage the leveraging of
public funds and private investment to enhance the physical appearance and economic vitality of
commercial businesses in the Downtown Dublin Specific Plan Area and the segment of Dublin
Boulevard between Village Parkway and Dougherty Road.
NOW, THEREFORE BE IT RESOLVED that the City Council adopts the Commercial Fagade
Improvement Grant Program attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to waive City
fees associated with development costs, time and materials and building permit fees except for fees
mandated by the State of California, for projects that receive approval for grant funding under the
Commercial Fagade Improvement Grant Program.
vote
PASSED, APPROVED AND ADOPTED this 20th day of December, 2011, by the following
AYES: Councilmembers Biddle, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: Vice Mayor Hart
ABSTAIN: None
ATTEST:
City Clerk
Reso No. 216 -11, Adopted 12- 20 -11, Item 8.2 Page 1 of 1
jN 'it"
Mayor
Exhibit A
COMMERCIAL FACADE IMPROVEMENT
DUBLIN GRANT PROGRAM GUIDELINES
I. PROGRAM OVERVIEW
The Commercial Facade Improvement Grant Program ( "Program ") is an endeavor of the City of Dublin to
leverage public funds and private investment to enhance the physical appearance and economic vitality of
commercial businesses, in the Downtown Dublin Specific Plan Area and the segment of Dublin Boulevard
between Village Parkway and Dougherty Road.
The Program offers two fagade improvement grants, as well as up to a maximum of five hours of architectural
fees to help cover design costs.
The long -term objective is to upgrade the Downtown Dublin Specific Plan Area and the segment of Dublin
Boulevard between Village Parkway and Dougherty Road by improving the physical appearance of the area,
encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for
the property.
II. PROGRAM COMPONENTS
A. Architectural Design
The City will provide architectural design services to approved applicants, up to a maximum of five
hours, for exterior commercial building fagade improvements.
B. Facade Improvement Grants
i. Mini -Grant — This grant provides for reimbursement of up to Five Thousand dollars ($5,000) for
commercial building fagade improvements with no match requirement.
ii. Matching Grant — This grant provides reimbursement for two- thirds of the cost of commercial
building fagade improvements. The total cost of the improvement work must be more than Five
Thousand dollars ($5,000), and may not exceed a maximum amount determined by the Fiscal
Year budget cycle annually (in Fiscal Year 2011/2012, the maximum amount is Seventy
Thousand dollars ($70,000)). Receipt of a matching grant requires the' approved applicant to
contribute one -third of the total cost of the fagade improvement costs.
Grant proceeds are to be used for labor and materials directly related to the fagade construction. Tools
may not be purchased with grant funds, but tool rental is allowable.
All improvements completed through the Facade Improvement Program are "public work" as that term
is used in Section 1720 of the California Labor Code. In accordance with Labor Code section 1720 et
seq., prevailing wages shall be paid for all facade improvements. All estimates and payments for
construction and installation of facade improvements shall include prevailing wages, and shall otherwise
comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the California
Labor Code and all other applicable laws and regulations with respect to prevailing wages. All
contractors awarded a work contract under this program will be required to provide certified payroll
documents to City staff.
Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued
after City deems the project complete, and upon the submission of invoices and proof of payment and
subject to approval of those invoices and proofs of payment by City staff. Construction shall be
completed within 120 days after the City issued Notice to Proceed. If the project extends beyond the
scheduled completion date, prior staff approval is required.
This program is primarily geared toward commercial property owners. However, business owners who
have long -term leases (five or more years) wishing to participate in the Facade Improvement Program
may also apply. Applications for business owners will be reviewed on a case -by -case basis.
C. Fee Exemption
The following exemption applies:
1. The City Manager is authorized to waive City fees associated with development costs, time and
materials and building permit fees for projects that receive grant funding under the Commercial
Fagade Improvement Grant Program. This fee exemption does not apply to fees mandated by
the State of California including, but not limited to, the Strong Motion Instrument program fee
and California Green Building fees.
III. ELIGIBILITY
A. Eligible Applicants /Areas
Owners or long -term tenants* of commercially zoned property located within one of the following areas
are eligible to apply for assistance:
1. Downtown Dublin Specific Plan area, or
2. Segment of Dublin Boulevard between Village Pkwy and Dougherty Rd.
*Tenants with long -term leases (five or more years remaining on the lease at the time a Program application is
submitted) must have the property owner's written consent before any improvements are made. In addition, the
grant application must be signed by the property owner.
B. Eligible Types of Improvements
Eligible improvements include, but are not limited to:
• Removal of old signs, awnings and other exterior clutter
• Exterior cleaning and painting
• Repair or replacement of exterior siding (including the construction of new fagade elements and
architectural details)
• Installation of new entry doors that meet ADA accessibility requirements
• Installation of display windows
• Installation of new canvas awnings over windows and entries
• Installation of new signs
• Installation of new exterior lighting
• Installation of permanent landscaping
• Exterior mandatory Title 24 upgrades
Additional improvements that are deemed to be consistent with the intent of -the program will be
reviewed and approved /disapproved on a case -by -case basis by the Economic Development Director.
C. Review Process
All proposed fa4ade projects /remodels must be approved by the Community Development Director
prior to being accepted into the program.
Project improvements commenced prior to City approval are not eligible for this Program.
IV. FUNDING
Funding for this Program is appropriated by the Dublin City Council as part of its annual budget process. There is
no guarantee of the amount of funds that will be appropriated each year. Funds for the Program are available
on a first come, first served basis. If funds are exhausted at the time of application submittal, staff will retain the
application. If additional funds become available, staff will contact applicants in the order applications were
received.
A. Grant Amounts
Eligible property owners or tenants who propose fagade improvements can apply for one of two grants.
1. Mini -Grant
This grant provides reimbursement for commercial building facade improvements to approved
applicants in the amount of up to Five Thousand dollars ($5;000), with no match requirement.
Matching Grant
This grant provides reimbursement to approved applicants for two- thirds of the cost of
commercial building fagade improvements. The total cost of the facade remodel must be more
than Five Thousand dollars ($5,000), and may not exceed Seventy Thousand dollars ($70,000).
The amount of the City grant shall not exceed two- thirds of a maximum of Seventy Thousand
dollars ($70,000) in eligible expenses. The Matching Grant requires the applicant to contribute
one -third of the total cost of the fagade remodel, and to document its expenditures.
Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued
after City deems the project complete. All reimbursement requests must include proof of payment and
other supporting documentation, as deemed necessary by the City (i.e. invoices, cancelled checks, etc.),
sufficient to demonstrate to the City's satisfaction that all facade improvement costs have been paid.
The City of Dublin reserves the right to cancel or modify this Program at any time prior to grant
approval, without notice. Continuation of the Program is subject to sufficient funding as, appropriated
by the Dublin City Council,
V. IMPLEMENTATION WORK
All improvements shall conform to the City of Dublin Building Codes, Zoning Ordinance, and applicable Design
Guidelines. Proposed facade remodels are required to comply with Chapter 8.104 of the Site. Development
Review Chapter of the Zoning Ordinance (Chapter 8.104). Project improvements commenced prior to the City's
issuance of a Notice to Proceed are not eligible for this Program.
City staff will be available to work with approved applicants to assist in the coordination of the project. City staff
will carry out periodic inspections.
Printed Name
Date
have read and received a copy of these guidelines.
Signature
COMMERCIAL FACADE IMPROVEMENT
DUBLIN GRANT PROGRAM APPLICATION
Please fill out this application completely and submit or send to:
City of Dublin -
Attention: Economic Development Department
100 Civic Plaza
Dublin, CA 94568
(925) 833 -6650
SECTION 1. APPLICANT INFORMATION
Name:
Circle All That Apply:
Business Name:
Property Address:
Mailing Address:
Assessor's Parcel Number:
Daytime Phone Number:
Email:
Property Owner Business Owner /Tenant
Total Number of Businesses in Building:
Name(s) of Other Businesses:
SECTION 2. PROPERTY OWNER INFORMATION (complete if tenant is applicant)
Property Owner Name:
Property Owner Mailing Address:
Property Owner Daytime Phone Number:
As the legal owner of the above property, I hereby grant authorization to complete the fagade improvements indicated on this
application.
Signature:
SECTION 3. FUNDING
Date:
Grant (please check one):
❑ Mini -Grant (Reimbursement in the amount up to $5,000)
❑ Matching Grant (Reimbursement of two- thirds the total project cost from $5,000 up to $70,000)
Grant Amount Requested:.$
SECTION 4. SCOPE OF WORK
General Description of Work:
Estimated Total Project Cost: $
SECTION 5. ACKNOWLEDGMENT
We certify that the owner is the property owner of record and that there are no current code enforcement actions pending against the
property.
I have read and understand the Program Guidelines and accept them.
I certify that I am qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be
issued by the City of Dublin in the implementation of this project.
Property Owner(s) Signature:
Business Owner(s) Signature:
1755179.1
Date:
Date:
Date:
Date:
RESOLUTION NO. -15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT
WITH B &B BORDEN LLC RELATING TO FACADE IMPROVEMENTS TO BE PERFORMED
ON A PROPERTY LOCATED AT 7032 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 7032 Village Parkway
(APN: 941 - 0210 - 005 -03), ( "the Property "), located in the City; and
WHEREAS, the property owner intends to improve the facade of the Property. These
improvements include repair or replacement of exterior siding (including the construction of new
facade elements and architectural details); new patio area along the frontage of the building,
which will include sail shade canopies; wall mounted lamps on the building; and new
landscaping along Village Parkway frontage; and
WHEREAS, the City Council finds that this agreement serves a public purpose in that it
will help improve the physical appearance of the Downtown Dublin Specific Plan Area and the
segment of Dublin Boulevard between Village Parkway and Dougherty Road, encourage the
retention of existing businesses, and increase property values and tenant stability, thus
benefitting the City and its residents.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
approves the Commercial Facade Improvement Grant Program Agreement attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement substantially in the form attached hereto and to undertake such further action as
may be necessary and desirable to carry out the intent of this resolution.
PASSED, APPROVED AND ADOPTED this 6t" day of October, 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
City Reimbursement Grant Amount $97,843
Applicant Matching (nla for Mini Grants) $48,921
Total Project $146,764
COMMERCIAL FA%ADE IMPROVEMENT GRANT PROGRAM AGREEMENT
THIS COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM AGREEMENT ( "Agreement "} dated as
of this 6th day of October, 2015, 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 B &B Borden LLC, a California
Limited Liability Company ( "Owner "). Owner shall be referred to as "Applicant."
RECITALS
A. The City has adopted a Commercial Fagade Improvement Grant Program ( "Program ") in order to
provide grants to certain owners or tenants of eligible buildings who design and construct improvements to the
facades of their buildings,
B. Applicant is the tenantlowner of that certain real property located at 7432 Village Parkway, Dublin
CA (the "Site'), and within the boundaries outlined by the Commercial Fagade 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 fagade 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;
IMPROVEMENT OF THE SITE
9,1 Scope of Work. Applicant shall construct and install the fagade improvements in accordance with
the Scope of Work attached hereto as Exhibit 1 and the schematic drawings, plans and documents submitted to and
approved by the City (the "Work ").
1.2 Commercial Facade Improvement Grant Funds. The City agrees to reimburse the Applicant a
sum not to exceed $97,843 for Work (the "Grant Amount " ), as set forth below
a. All services to be performed by a third party contractor shall be the subject of agreement between
Applicant and the third party contractors. The City shall not assume any liabllity for such agreements.
The Applicant shall submit to the City all invoices fro m the oontractor or contractors who performed the
Work, together with the contractors' completion notice as signed by the contractor and approved by the
Applicant.
114.10012312733.1
L 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 60 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 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 the Work must be licensed 1n the State of California.
1.5 Building Permit, A Building Permit must be obtained within 6 months of the City Council's
approval of funding. In the event the Applicant fails to obtain a Building Permit within such 6 -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. Additional 6 months
extensions may be approved with the City's prior written consent,
1.6 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
1.7 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 ❑ne 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 AN Best's rating of no less than ANIL The commercial general liability
policies shall name the City and their respective officers, agents, employees, and representatives as additional
insureds. Applicant shall furnish City with a certificate of insurance evidencing the required insurance coverage and
a duly executed endorsement evidencing such additional insured status prior to commencement of the Work, The
certificate shall contain a statement of obligation on the part of the carrier to notify City of any material change,
114.14012312733.1
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.
1.8 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, et seq. For the purpose of this
Agreement, prevailing wages are the general prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this
Agreement as ascertained by the Director of the Department of Industrial Relations of the State of California, The
holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement
applicable to the particular craft, classification, or type of worker employed on the project.
The Contractors and each subcontractor shall keep an accurate payroll record showing the name, address,
social security number, work classification, straight time and overtime hours worked each day and week and the
actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by the Contractors
or subcontractors in connection with the Work. The payroll records shall be kept in accordance with the provisions of
Section 1776 of the California Labor Code, and Contractor and each subcontractor shall otherwise comply with
requirements of such Section 1776,
1.9 Rights of Access. Representatives of the City shall have the reasonable right to access the Site,
without charges or fees, for the purpose of inspecting the Work. City (or its representatives) shall, except in
emergency situations, give Applicant reasonable advance notice prior to exercising its rights herein. Nothing herein
shall be deemed to limit the ability of the City to conduct code enforcement and other administrative inspections of
the Site in accordance with applicable law.
1.14 Improvements Cannot Be Removed by Owner or Tenant Without City's Consent. All fapade
improvements, including construction of an outdoor dining area, will become permanent fixtures of the property and
cannot be removed by owner or tenant upon expiry or termination of the lease or sale of the property. This includes,
but is not limited to tables, chairs, shade structures, planter boxes and other landscaping. Exceptions can be made
with the prior written consent of the City.
1.11 Compliance with Laws; Indemnity; Waiver. Applicant shall carry out the work of Improvements
in conformity with all applicable federal, state and local laws, including Labor Code requirements; City zoning and
development standards; building, plumbing, mechanical and electrical codes; all other provisions of the City's
Municipal Code; and all applicable disabled and handicapped access requirements, including the Americans with
Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code
Section 19135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
Applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless the City
and its officers, employees, volunteers, agents and representatives from and against any and all present and future
liabilities, obligations, orders, claims, damages, fines, penalties and expenses (including attorneys' fees and costs of
the counsel or joint - counsel retained by Applicant to defend City} (collectively, "Claims "), arising out of or in any way
connected with Applicant's obligation to comply with all laws with respect to the Work, including all Claims that may
be made by contractors, subcontractors or other third party claimants pursuant to labor Code Sections 1726 and
1781.
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.
114.10012312733.1 3
1.12 Nondiscrimination during Construction. The Applicant, for itself and its successors and
assigns, agrees that in selecting one or more contractors to perform the Work, the Applicant will not discriminate on
the basis of race, color, creed, religion, sex, age, handicap, marital status, ancestry or national origin.
2, MAINTENANCE COVENANT'S. 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 fagade, as improved with City funds, without the prior
written consent of City which consent may be conditioned by City to preserve fagade features to the extent necessary
to achieve the objectives of City for entering into this Agreement. Any violation of this section not cured within 60
days shall entitle City to reimbursement of the funds granted by City from the person or entity responsible for the
violation.
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 parry may later designate by
Notice,
To City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention; City Manager
To Applicant: Owner
B &B Borden LLC
c/o Bette B Felton
6 Sky Terrace
Danville, CA 94526
Attention: Bette B Felton
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.
114.10012312733,1
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.
3.10 No Third Party Frights. 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.
114.1 001 2312733,1 5
3.13 Termination. In addition to City's right to terminate under section 1.4, either party may terminate
this Agreement upon written Notice to the other in the event that the other party fails to comply with its obligations
under this Agreement.IN WITNESS WHEREOF, City and Applicant have executed this Agreement on the respective
dates set forth below.
CITY:
THE CITY OF DUBLIN, a public body, corporate and
politic
By:
Christopher L. Foss,
City Manager
Dated:
ATTEST:
Caroline P. Soto,
City Clerk
APPROVED AS TO FORM:
John Bakker,
City Attorney
314.10012392733.1
CH►iT1 ►1:1:0
B &B Borden LLC, a California Limited Liability Company,
By;
Bette B. Felton,
Manager
Dated:
EXHIBIT NO.1
SCOPE OF WORK
Applicant is the owner of that certain real properly located at 7032 Village Parkway, Dublin CA and shall construct
and install the fapade improvements as outlined below and in the attached elevation:
• Patio area with a fence around the perimeter at the Three Sheets brewery
• New landscaping along the Village Parkway frontage
• Four sail shade canopies (blue & tan) in front of the tenant spaces
• The existing concrete tilt -up surfaces of the building will be painted
• Two steel framed wall trellis on the building
• Addition of planters for wall climber plants
• Wall mounted lamps on the building
• Addition of enhanced materials (planks stained dark brown) to portions of the building
■ The existing aggregate to be left in their natural state
114.10012312733.1
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