Loading...
HomeMy WebLinkAboutC-7057-10 - Grant Agreement for Commercial Facade Improvement Program - Tier 1q GRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND r BERNARDINO DAQUILA FOR COMMERCIAL FACADE IMPROVEMENT PROGRAM — TIER 1 O r This Grant Agreement ("Agreement") is entered into this 8 th day of June, 2016 U ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and Charter City ("City"), and Bernardino Daquila, the property owner of 716 E. Balboa Blvd, Newport Beach, CA 92661 ("Grantee"). City and Grantee are at times individually referred to as "Party' and collectively as "Parties" herein. RECITALS A. It is the policy of the City Council that the City's budget specifically allow the City Council to direct revenue towards non-profit agencies, community groups, community events, or enhancement projects with worthy projects or programs which the City Council deems beneficial to residents' quality of life. B. Grantee requested a grant from the City for Commercial Fagade Improvement Program — Tier 1 ("Grant Proposal"). C. The City Council determined the Grant Proposal is for a worthy project that will benefit the City's residents' quality of life and improve the physical appearance and economic vitality of the City. D. The City Council approved a grant in the amount of $10,000.00 ("Grant Funds") to Grantee pursuant to certain conditions regarding expenditure, reporting, and accounting requirements as provided in this Agreement. NOW, THEREFORE, the Parties agree as follows: 1. GRANT 1.1. City awards to Grantee Grant Funds in the amount of $10,000.00 as requested by Grantee in the Grant Proposal attached hereto as Exhibit A and Cost Breakdown and incorporated herein by reference, or such other amount as authorized by the City Council. 1.2. Grant Funds shall be disbursed by City to Grantee as follows (select one); and upon Grantee's demonstrating it has adequate financing to cover the full cost of the improvements covered by the Grant Proposal: ® Tier 1 — Priority Block: One hundred percent (100%) at project approval, with any remaining money reimbursed at completion of project after receipts have been submitted. 2. TERM The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until December 31, 2016, unless terminated earlier as provided herein. 3. RESTRICTIONS ON USE OF FUNDS 3.1. The Grant Funds are subject to the following expenditure conditions ("Approved Uses'): 3.1.1. The Grant Funds shall be expended solely for the purposes provided in the Program Description, attached hereto as Exhibit B and incorporated herein by reference; 3.1.2. The Grant Funds shall not be used for any activity that would violate City, state or federal statutory or decisional law such as regulations affecting non-profit or tax exempt organizations exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code; and 3.2. Grantee further warrants to City that the Grant Funds will be spent solely for the Approved Uses and the Grant Funds shall be used by Grantee during this Agreement's term otherwise the Grant Funds shall be returned to City, as provided in Section 5 below. 4. REPORTING AND ACCOUNTING REQUIREMENTS 4.1. At all times during the term of this Agreement, Grantee shall maintain true, proper, and complete books, records, and accounts (collectively, "Books and Records") in which shall be entered fully and accurately all transactions taken with respect to the operations of Grantee under the Grant Proposal and the expenditure of the Grant Funds. Grantee shall maintain the Books and Records in accordance with Generally Accepted Accounting Principles. 4.2. If the Grantee has been audited by an independent auditor or has been the subject of a compliance audit/examination by a grantee or regulatory agency during the past three years, audit reports and management letters indicating compliance violations, fraud, illegal acts, material weaknesses in internal control structure or reportable conditions, in connection with such audits shall be delivered to the City thirty (30) days prior to the effective date of this agreement. If no audits or events as described above have occurred during this period, the Grantee shall provide City a written assertion that no audits or similar examinations have occurred during the three (3) year period and an assertion that the Grantee is not aware of any events or conditions, described above, or other information that might reasonable impact City's decision to fund the grant as requested. 4.3. City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a Certified Public Accounting firm who shall have the right to audit Grantee's accounting procedures and internal controls of Grantee's BERNARDINO DAQUILA Page 2 financial systems as they relate to the Grant Proposal and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. Any such audit(s) shall be undertaken by City or its representative(s) at mutually agreed upon reasonable times and in conformance with generally accepted auditing standards. Grantee agrees to fully cooperate with any such audit(s). 4.4. This right to audit shall extend during the length of this Agreement and for a period of three (3) years or longer, if required by law, following the date of any Grant Funds tendered under this Agreement. Grantee agrees to retain all necessary records/documentation for the entire length of this audit period. 4.5. Grantee shall, upon conclusion of the event, furnish the City with a Balance Sheet and Income Statement describing the receipt and disbursement activities of Grantee with respect to the Grant Funds. In its sole and absolute discretion the City may also require Grantee to submit: (1) quarterly check registers and descriptions of each disbursement; (ii) budget -to -actual -results; and (iii) a statement of position describing the assets and liabilities associated with the Grant event. All reports, including a post -event evaluation, shall be due to the City no later than forty-five (45) days following the conclusion of the event. In the event that an independent audit is conducted, Grantee shall forward a copy of the audited report to the City for review, including any Management Letter, Report on Internal Controls, or Reportable Conditions letter generated during the course of the audit. 4.6. Grantee agrees to exercise prudent financial management processes including proper oversight of all assets, budget preparation, and timely reporting including budget -to -actual -comparisons. 4.7. All Approved Uses shall be performed by Grantee or under Grantee's supervision. Grantee represents that it possesses the professional and technical skills required to perform the services required by this Agreement, and that it will perform all services with a standard of care and in a manner commensurate with the community professional standards. 4.8. If Grantee has supported Political Action Committees(s) (PACs) during the past three (3) years, the Grantee shall hire an independent auditor to perform limited, agreed-upon testwork procedures to provide City assurance that City sponsored event profits did not subsidize the funding of Political Action Committees (PACs) and event proceeds were adequately segregated from funds used to support PACs. Agreed upon procedures may include a review of a detail list of the past three (3) years of PAC contributions and expenditures, including: a. An identifying donor number, date and amount of each reported contribution; and b. A detail of expenditures sufficient enough to determine that the expenditures were solely for PAC -related expenses; and c. Any retained earnings or fund balance at the end of each fiscal year. BERNARDINO DAQUILA Page 3 Substantive documentation for the contribution and expenditure should be available upon request. City shall approve the agreed-upon testwork procedures prior to the commencement of fieldwork. 5. USE OF GRANT FUNDS The Grant Funds shall be used solely by Grantee for the Approved Uses and for no other use. In the event that the Grant Funds are not used for the Approved Uses or are not expended by or before December 31, 2016, Grantee shall notify the City in writing, and shall be obligated to return the Grant Funds to City within thirty (30) days. 6. INDEMNIFICATION 6.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to this Agreement (including the negligent and/or willful acts, errors and/or omissions of Grantee, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 6.2. Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Grantee. 7. GRANTEE INDEPENDENCE In the performance of this Agreement, the Grantee, and the agents and employees of Grantee, shall act in an independent capacity and are not officers, employees or agents of the City. The manner and means of performing the Approved Uses are under the control of Grantee, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Grantee or any of Grantee's employees or agents, to be the agents or employees of City. Grantee shall have the responsibility for and control over the means of performing the Approved Uses, provided that Grantee is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Grantee as to the details of the performance or to exercise a measure of control over Grantee shall mean only that Grantee shall follow the desires of City with respect to the results of the Approved Uses. BERNARDINO DAQUILA Page 4 8. PROHIBITION AGAINST TRANSFERS Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without written consent of City shall be null and void. 9. NOTICES 9.1. All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. 9.2. All notices, demands, requests or approvals from Grantee to City shall be addressed to the City at: Attn: Community Development Director Deputy Director City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92660 9.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: Attn: Ben D'Aquila Balboa Pharmacy - 716 5235 Mountain Springs Ranch Road Laverne, CA 91750 10.TERMINATION 10.1. Termination for Cause. Grantee shall be in default if Grantee fails or refuses to perform any duty required by the Agreement or performs in a manner inconsistent with the terms, conditions and restrictions in this Agreement. In such event, City shall give Grantee, thirty (30) days written notice to cure, if the default can be cured and City shall be entitled to terminate this Agreement if Grantee has not cured the default within the thirty (30) day cure period. City shall be entitled to immediately terminate this Agreement if the default cannot be cured through corrective action. If terminated for cause, Grant Funds shall be returned to the City pursuant to Section 5. This Agreement is made on an annual basis, and as such is subject to non -renewal at its termination. 10.2. Termination without Cause. City may terminate this Agreement at anytime with or without cause upon seven (7) days written notice to Grantee, any remaining Grant Funds in Grantee's possession at the time of termination shall be returned to City pursuant to Section 5. BERNARDINO DAQUILA Page 5 10.3. Specific Performance. Grantee agrees that the City has the legal right, and all necessary conditions have been satisfied, to specifically enforce Grantee's obligations pursuant to this Agreement. 11. STANDARD PROVISIONS 11.1. Recitals. City and Grantee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 11.2. Compliance With all Laws. Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 11.3. Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 11.4. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 11.5. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Grant Proposal or any other attachments attached hereto, the terms of this Agreement shall govern. 11.6. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 11.7. Amendments. This Agreement may be modified or amended only by a written document executed by both Grantee and City and approved as to form by the City Attorney. 11.8. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 11.9. Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 11.10. Equal Opportunity Employment. Grantee represents that it is an equal opportunity employer and it shall not discriminate against any contractor, employee or BERNARDINO DAQUILA Page 6 applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age or any other impermissible basis under law. 11.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 11.12. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] BERNARDINO DAQUILA Page 7 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTq N /6S OFFICE Date: 6 By: Aaron C. Harp W.o316 City Attorney AMLI ATTEST: Date: By: W Leilani I. Brown City Clerk Fp CITY OF NEWPORT BEACH, A California municipal corporation Date: -- <-i J-lCo By: / �.(�( Kimberly Brandt Community Development Director GRANTEE: Bernardino Daquila, Property Owne_ Date:1121 By Bernardino Daquila Property Owner Attachment: Exhibit A: Grant Proposal & Cost Breakdown Exhibit B: Program Description [END OF SIGNATURES] BERNARDINO DAQUILA Page 8 EXHIBIT A GRANT PROPOSAL AND COST BREAKDOWN BERNARDINO DAQUILA A-1 CIN OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeach ca.gov/comm unitydevelopment BALBOA VILLAGE COMMERCIAL FACADE IMPROVEMENT PROGRAM GRANT APPLICATION Beginning on Monday, June 1, 2015, applications can be submitted in person, by mail, or by email to: Community Development Department Attention: Benjamin Zdeba 100 Civic Center Drive, Bay B Newport Beach, California 92660 bzdeba@newportbeachca.gov For questions on the application, please contact: Benjamin Zdeba, Associate Planner bzdebaanewportbeachca.aov or 949-644-3253 or Brenda Wisneski, Deputy Director at bwisneski(dnewportbeachca.aov or 949-644-3297 Date: S125311O Business Name: Business Address Applicant Contact Information: Name: '-e� �/s Address: s —RS �/�% //%Sj.' 7Gf-( 0&7Lh Z� Phone: Email: The application is for: [Tier 1 ❑ Tier 2 Balboa Village Facade Program Page 2 Business Name: List all exterior improvements to be considered and include a cost estimate for each. Conceptual architectural plans must be attached to this application. Cost Estimate Total Cost Grant Amount Requested ),�j�B• Applicant Cost 'r 57 2 Acknowledgment: E?f have read and understand the Program Information and Requirements Form. / 1iYlCC•fL�G/Li �iC: Applicant's Signature roperty Owners Sign?fire` S/�3//10 Date si�/iro Date `The property owner's signature is required if different from the applicant. V oskin's enovation Serving the mouth Coast and all of orange % ounty ompany License #6b114JUu 434 Enclave Circle, #307 Commercial and Residential Construction: Costa Mesa, Ca. 92626 decks, balconies, fences, patio covens Cell # (714) 496-9560 roofing, custom carpentry, electrical hoskinsrenovation@vahoo.com flood, fire, and disaster restoration siding, framing, windows, doors To: Ben & Lia D'Aquila 710-716 E. Balboa Blvd. Newport Beach, Ca. 92661 Re: Estimate- Exteriorfacial renovation Date: 05/08/2016 1of4 General description: The objective of this exterior facial renovation @ 710, 712, 714 & 716 E. Balboa Blvd, Newport Beach Ca 92661 is to achieve a clean consistent theme across the face of the shops which will include a 5/8" veneer tumbled brick @ the lower skirt. This will compliment a Santa Barbara smooth plaster appearance to be applied between & above the windows & doors below the lower extended roofline. The upper facade/wall above the forward extended roofline will be completed with a skim coat & a new sand finish oiascr Demolition: • Remove approx. 400 sq. ft. of existing 1"x 6" t & g lumber from the exterior walls and overhang @ 712 & 714 E. Balboa Blvd. • Remove approx. 89 sq. ft. of existing grey marble tiles from the walls @ 710 E. Balboa Blvd. down to the underlying plaster. • Remove existing vinyl down spouts. • Remove the existing 41'/:" x 43"picture window to the right of the entrance @ the Beauty Salon. Remove the picture window & stops just below this window and frame in w/studs and sheeting to eliminate the window completely. No structural supports will be eliminated in this area. • Remove the small rectangular window & stopsjust above the main entrance to 716 and frame in with short studs & sheeting to eliminate the window completely. • Remove the existing fascia boards along the face of the overhang directly in front of 710,712 & 714 as needed to prepare for the new coated fabric banners to be installed. • Remove and prepare to replace the corroded existing down light fixtures within the overhang. These down lights consist of (11) —6 inch diameter light fixtures and (6) —4" diameter light fixtures. • Remove all attached signs, extrusions, fixtures, etc.... as needed or authorized to properly prepare the face of the building for the renovation. • Clean up the concrete walk @ the rear of 710 & 712 in preparation. Total amour t $4,230.00 Initial ✓ 1i 2of4 Overhang/soffit & wall repair: • Stucco patch all existing holes within the soffit area directly over the sidewalk and apply a plaster sand finish as needed. • Apply (2) plies of GMC 60 min. building paper with metal diamond lath as needed where the small picture windows have been removed @ 714 & 716. Apply a finished smooth plaster as needed at these locations. Total amouf 5 510.00 Initiahk) Lighting within overhang/soffit: LAC (11) existing 6 inch diameter light fixtures & (6) existing 4" diameter recessed down light fixtures in the overhang/soffit just outside the shops entrances & walkway. (fixtures only) • Install (11) new Halo 6" White Baffle LED 75 watt 900 lumen light kits & (6) new Halo 4" White Baffle LED 60 watt 600 lumen light kits. All fixtures are approved for wet location. Check all fixtures for proper operation. Total amount 3,060.00 Initial�� Window Extrusions/Shims: • The extrusion/shims @ the perimeter of the large windows on 716 will receive some maintenance to polish or paint as needed to help compliment the finished surrounding smooth plaster & brick. The (4) missing metal corners @ 2 or 3 of the windows will be replaced with compatible metal corner pieces. Total amount 5 463.00 Initial....- Window nitial'_Window Installation: • Install a 41 %" x 43" leldwen or Milgard Black Retrofit Block Frame Vinyl, Dual Glazed, Low- E, slider or picture window to replace the picture window that was there previously @714. Install interior & exterior trim as needed. Apply polyurethane sealant as needed to ensure proper waterproofing. Total amount $ 730.00 initial Coning Metal Replacement: • Replace the existing coping metal along the forward edge of the overhang @ the roofline just in front of 710,712 & 714. (Approx. 70 lineal ft.) The fascia boards which would be removed in this area during demolition would result in a gap between the face of the old metal and the flat roof substrate therefore requiring new metal to be installed. The new coping metal will be 24ga. bonderized with a 1" to 1'h" face w/drip edge. This metal can be substituted with stainless steel or Kynar at an additional cost. Total amount $ 429.00 Initial 7 3of4 Brick Veneer & Smooth Plaster Application: • There would be an option here during this portion of the project to either remove the balance of the existing 6" green and red tiles from the exterior walls @ 716 Balboa Blvd. or attach a Durarock or Hard! exterior cement backer board w/approved screws and adhesive directly to the face of the existing tile. The total subject area is approx. 245 sq. ft. • Install approx. 398 sq. ft. of 5/8" Pacific Clay or Brickweb product w/grout & thinset in total across the lower sections of each shop to a height @ the base/bottom of the windows along with the entry @ 716 from sidewalk to ceiling/lid. • The veneer bricks will have an approved sealer applied prior to the grouting process. • Skim coat the existing sand finished stucco w/CSI base. • Apply Fiberglass mesh as needed to help minimize future cracking. • Apply Foam -tech smooth plaster finish at the balance of the square footage between windows & doors from the lower brick skirt to the soffit/overhang. The lid in the soffit/overhang will remain a sand finish as requested. • Haul away all the job debris to the dump. Total amount 12,708.00 Initial RAI Picture glass removal above flat roofs 9D front side above flat roofs: • Remove 110 sq. ft. of existing picture glass, wood stops, jamb material & metal flashing @ 4 different locations just above the flat roofs. • Chip sections of plaster back around each opening for proper tie-in of building paper. • Frame in each opening w/ 2" x 4" D/F #2 S4S studs @ 16 inches on center. • Install 24ga, bonderized z -bar as needed for at the base of the walls to counter roofing material. • Install (2) ply 60 min. GMC building paper to the studs w/metal lath in preparation of new plaster. • Apply plaster as needed in these areas with a finished sand appearance to match surrounding areas. total amou t $ ,650.00 Initial New stucco sand finish resurface above flat roof/awning areas- Balboa Blvd side only • Remove any loose or flakey surface plaster on the exterior walls just above the flat roof area along the Balboa Blvd. side only (Approx. 700 sq. ft.) • Apply Foam -tech plaster to the surface of the existing stucco as a skim coat prior to finish. • Apply a sand finish plaster to complete this specific area. Total amount $7,400.00 Initial 4of4 Finish paint @ front, sides & back -710, 712, 714 & 716 E. Balboa Blvd. • Clean all exterior surfaces and prepare the walls for new paint. • Patch cracks and holes as needed with appropriate materials. • Apply (1) coat of paint mixed w/primer seal. • Apply (1) coat of Behr or Dunn Edwards Acrylic Latex Low Sheen finish paint. • (2) Tone paint will be applied @ the alley side and rear of the building & specific portions of the front as specified by the owner. • An accent color will be applied along the top cornices. Total amoy t $6.720.00 Initial Note: The price listed below does not include any Newport Beach permit, plan check or any other regulatory agency fees required to commence the described project. The cost to produce any architectural drawings are not included in the cost as well. The total amount for the exterior renovation as described above is $ 39,900.00 if Hoskins Renovation Co. is awarded the contract a payment schedule will be established based on different phases of the project completed. A down payment of $1,000.00 will be required to schedule and commence work. It would be nice to have two parking spaces available from 7:00am to 5.00pm each business day to park truck(s) for demolition, delivery, tools etc.... Thank you, Alan D. Hoskins 14555'ntus Street, Van Nuys, CA 91402 Contractor's 780-0201 e #5 780-7993 (D 3 Fax Contractor's License #589431 (D03 Awnings) 529549 Phone -(800) 780-0201 Jrder Number__ .A w N I N o " Proposal Date: July 14, 2015 Construction Contract You are entitled to a fully completed copy of this agreement, signed by both you and the contractor, before work is started Client Name: Ben DIacala Phone: 909-908-8788 Attn: Ben Diacola Fax: Address: 716 E Balboa Blvd Jobsite Address: Same City, State Zip: Newport Beach, CA 92661 City, State: Description of the Project, Significant Materials to be Used and Project to be Installed: Material: Sunbrella Jockey Red Frame Color: N/A Valance Style: # 13 2" Cut Binding Color: White Braid Detailed Specifications: (4) Loose Valances With Graphics. Awning Dimensions CITY 91'-0" X 2'-0' 1 Pharmacy 26'-0" X 2'-0' 1 Glamour 16'-0" X 2'-(r 1 Mint Leaf 27"-0" X 24' 1 Eyewear Start of work commences with the above design layout. Estimated Completion within3 WEEKS of deposit date. Permits and related tees and drawings not included unless Expressly and separated itemized. Gore Tenara thread carries a lifetime warranty against defect/deterioration and all steel is galvanized and rust resistant. other warranties as itemized above. See Warranty literature for details and limitations. Replace This Red Valance With Same All Stores Red Valance With White Graphics Total Contract Price including sales tax: $ 5.675.20 Down Payment or Deposit: $ 2,837.60 Via Check or CC (# Bank Code: (Back of Card) # Final payment of remaining contract balance due upon installation. Acceptance: I, the undersigned, acknowledge that I have read and understand the terms of this contract agreement including the terms, conditions and notices which appear on the reverse side. Purchaser: Date: Devon Snyder, Superior Awning, Inc.: Date: H w CHAPTER S COST BREAKDOWN Address - E. Balboa Blvd. 710 712 714 716 SCOPE $ 1,057.50 $ 1,057.50 $ 1,057.50 $ 1,057.50 $ 255.00 $ 255.00 $ 765.00 $ 765.00 $ 765.00 $ 765.00 $ 463.00 $ 730.00 $ 143.00 $ 143.00 $ 143.00 $ 3,177.00 $ 3,177.00 $ 3,177.00 $ 3,177.00 $ 912.50 $ 912.50 $ 912.50 $ 912.50 $ 1,850.00 $ 1,850.00 $ 1,850.00 $ 1,850.00 $ 1,680.00 $ 1,680.00 $ 1,680.00 $ 1,680.00 AWNING $ 1,418.80 $ 1,418.80 $ 1,418.80 $ 1,418.80 TOTAL BREAKDOWN: $ 11,003.80 $ 11,003.80 $ 11,988.80 $ 11,578.80 $ 45,575.20 TOTAL GRANT AMOUNT: $10,000.00 $10,000.00 1 $10,000.00 $10,000.00 EXHIBIT B PROGRAM DESCRIPTION Commercial Facade Improvement Program — Tier 1: • Eligible projects include minor improvements, such as painting, murals, lighting, anti -graffiti film coating, awnings, landscaping, window treatments, signs, exterior repair, architectural treatments, and other improvements to architectural features; • Eligible fagade upgrades must be exterior improvements visible from primary streets; • Grants may be awarded for up to Five Thousand Dollars and 00/100 ($5,000.00) per tenant suite; • Fifty percent (50%) of grant money provided at project approval, with the remaining money reimbursed to the City at completion of project after receipts have been submitted (i.e., if the grant is for Five Thousand Dollars and 00/100 ($5,000.00), the City will provide Two Thousand Five Hundred Dollars and 00/100 ($2,500.00) at project approval and the remaining Two Thousand Five Hundred Dollars and 00/100 ($2,500.00) at the completion of the project. If the entire project costs less than the Five Thousand Dollars and 00/100 ($5,000.00), Grantee shall reimburse the City for the remaining unused balance at the completion of the project); • Projects must be completed within twelve (12) months of grant approval or building permit issuance, whichever is earlier; and • City permit fees will be waived, including building plan check fees and building construction permit fees. Fees otherwise required by any other provision of law will not be waived, including but not limited to fees for environmental clearance or fees collected by the City on behalf of any other public agency or entity; Commercial Facade Improvement Program — Tier 1 — Priority Block: • Grants may be awarded for up to Ten Thousand Dollars and 00/100 ($10,000.00) per tenant suite; • One Hundred percent (100%) of grant money provided at project approval, with the remaining money or unused funds reimbursed to the City at completion of project after receipts have been submitted; • Expedited plan check review where feasible; Additional Program Components: • All project cost estimates will be reviewed by the Building Official; • Receipts are required to be submitted at project completion; BERNARDINO DAQUILA B-1 • Properties are eligible for Tier 1 grants once every ten years; • Program funds are to be used for exterior building improvements rather than simple routine maintenance; • 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 Community Development Director; • All improvements shall conform to the City Building Codes, Zoning Ordinance, and applicable Design Guidelines; • In accordance with the California Labor Code (Sections 1770 et seq.), prevailing wages may be required for improvements completed through the Program. Participants in the Program are responsible for ensuring that the improvements are in compliance with the Public Works/Prevailing Wage Law; • Property owners are responsible for upkeep and property maintenance. By accepting grant funds, the applicant commits to properly maintain all improvements and to keep storefronts, as well as sides and back of buildings, clean and free of graffiti for a minimum of five years at the applicant's own cost and expense; • Continuation of the Program is subject to sufficient funding as appropriated by the City Council; and • The City reserves the right to cancel or modify this Program at any time prior to grant approval, without notice. BERNARDINO DAQUILA B-2