HomeMy WebLinkAbout2015-015 (IMPORTANT NOTE: Resolution
is Null and Void because
the Agreement was not executed
within the time specified.)
1
2 RESOLUTION NO. 2015-15
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO
PROCEED WITH THE COMMERCIAL REHABILITATION PROGRAM BY
5 ALLOCATING $74,060 TO JOVI'S DINER FOR EXTERIOR FACADE AND
VARIOUS IMPROVEMENTS
6
7 WHEREAS, the City of San Bernardino (the "City") is an entitlement City and eligible to
8 participate in the United States Department of Housing and Urban Development's ("HUD") and
9 receive annual allocation of Community Development Block Grant ("CDBG") and HOME
10 Investment Partnership Act ("HOME"); and
11 WHEREAS, On May 3, 2010, the Mayor and Common Council of the City of San
12 Bernardino ("Council") approved the City's Five-Year 2010-2015 Consolidated Plan and on April
13 21, 2014 approved its 2014-2015 Annual Action Plan that is required to guide and identify needs
14 Which the City will address incrementally for the 2010-2015 period; and
15 WHEREAS, On June 2, 2014, the Mayor and Common Council approved an amendment to
16 the 2014-2015 Annual Action Plan to include a Commercial Rehabilitation Program in the amount
17 of$ 300,000; and
18 WHEREAS,the City has adopted a Commercial Rehabilitation Program in order to provide
19 grants to certain owners or tenants of eligible buildings who design and construct improvements to
20 the exterior facades of their buildings; and
21 WHEREAS, the fagade and associated improvements proposed by Recipient will in
22 furtherance of the City's objectives for the Commercial Rehabilitation Program, improve the
23 appearance of the City's Project Area, assist in the elimination of physical and economic blight in
24 the Project Area, and stimulate private investment; and
25 WHEREAS, Jovi's Diner has been conducting business in the City of San Bernardino
26 since May 2013, and is becoming a popular downtown eatery frequented by many people who work
27 in downtown San Bernardino, students and local residents; and
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1 WHEREAS, The Business Owner, Jovanna Rodriguez and Property Owner, Nancy Quan
2 desire to enter into an Agreement to set the terms and conditions of construction, installation, and
3 maintenance of the fagade and various improvements.
4 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
6 FOLLOWS:
7 Section 1. The City Manager is hereby authorized to execute an Agreement between the
8 City and Nancy Quan, property owner and Jovanna Rodriguez business operator.
9 Section 2.The aforementioned Agreement shall be for the following exterior improvements
10 and shall not exceed $74,060, to be paid from account number 119-100-0014-5502.
11 List of Exterior Improvements
12 1. Painting of entire complex.
2. New signage above Jovi's Diner.
13 3. Installation of parking bumpers.
14 4. Revise Jovi's front entrance to include front entrance doors.
5. Install an "Unauthorized Vehicle" sign per City Code.
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16 Section 3. That a copy of this Resolution shall remain on file in the City Clerk's Office for a
17 minimum of seven(7) years after the date of adoption.
18 Section 4. This Resolution shall take effect upon its adoption and execution in the
19 manner as required by the City Charter.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
I SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO PROCEED WITH
2 THE COMMERCIAL REHABILITATION PROGRAM BY ALLOCATING $74,060
TO JOVI'S DINER FOR EXTERIOR FACADE AND ASSOCIATED
3 IMPROVEMENTS
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 20`h
6 day of January, 2015,by the following vote to wit:
7 Council Members: Ayes Nays Abstain Absent
8 MARQUEZ X
9 BARRIOS —x-
10 VALDIVIA X
11 SHORETT X
12 NICKEL X
13 JOHNSON x-
14 MULVIHILL X
15
16 Georgea anna, Ci y Clerk
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18 The foregoing resolution is hereby approved this day of January, 2015.
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20 R. Carey Da4eardino Mayor
21 City of San
22 Approved as to Form:
23 Gary D. Saenz, City Attorney
24 oy
By:
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2015-15
THE CITY OF SAN BERNARDINO
COMMERCIAL REHABILITATION PROGRAM AGREEMENT
"JOVI'S DINER" (123 NORTH "E" STREET)
THIS REHABILITATION GRANT AGREEMENT (the "Grant Agreement") is made this 20th
day of January . 20 15 by and between the City of San Bernardino, a Charter City organized under
the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, CA (the
"City") and Nancy Quan, property owner of 123 N. "E" Street and Jovanna Rodriguez, operator of
Jovi's Diner (the" Recipient")
RECITALS
WHEREAS, the Recipient is the owner of a building located along a major thoroughfare at 123
North"E" Street within the City of San Bernardino (the "City"), and said building is sometimes
referred to herein as Jovi's Diner, built in 1968 and currently in use since 2013 as a restaurant ("Jovi's
Diner"); and
WHEREAS, the City has adopted a Commercial Rehabilitation Program in order to provide
grants to certain owners or tenants of eligible buildings with the goals of eliminating blight and
encouraging economic development; and,
WHEREAS, the Recipients are the owner and the operator of that certain business located 123
North`B" Street(the "Business"); and,
WHEREAS, the fagade improvements proposed by Recipients will, in furtherance of the
City's objectives for the Commercial Rehabilitation Program, improve the appearance of the City's
Project Area, assist in the elimination of physical and economic blight in the Project Area, and
stimulate private investment; and,
WHEREAS, the City desires to provide the project administration on behalf of the Recipients
for the use of the Commercial Rehabilitation Grant funds by preparing all documents and plans and
specifications as may be required for the competitive public bidding of the work that will comprise the
Project, and the Recipients shall award and execute those contracts as shall have been obtained by the
City through the competitive bidding process as required in this Grant Agreement; and
WHEREAS, in furtherance of the foregoing, the City and Recipients desire to enter into this
Agreement to set forth the terms and conditions of Recipients' construction, installation, and
maintenance of the fagade improvements.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE
RECIPIENTS AND THE CITY HEREBY AGREE AS FOLLOWS:
Section 1. Recitals. The Recitals of this Grant Agreement are true and correct and are
incorporated herein by this reference. The information and facts set forth in the Recitals are material to
this Grant Agreement.
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Section 2. City Grant: Consideration for Grant. (a) The City shall provide the
Recipients with, and the Recipients hereby agree to receive, not to exceed a maximum of$74,060.00
from the City as a grant from City sources of funds (the "Commercial Rehabilitation Grant") for
certain construction, and materials for the required labor in furtherance of the Project by the Recipients
subject to the conditions and restrictions set forth in this Grant Agreement. The City Grant shall not be
increased under any circumstances notwithstanding any increased costs for materials and supplies and
labor costs or costs overruns of any nature with respect to the costs of implementation of the Project,
which may exceed the anticipated Project cost amount of $74,060. Included within the costs of the
Project are other related costs for City fees and permits, if applicable, this Grant Agreement for which
work on the Project is then being undertaken by the Recipient. Any increased costs of the Project in
excess of the City Grant amount of $74,060 shall be paid by the Recipients from their independent
source of funds and not from any additional funding requests submitted by the Recipients to the City.
(b) The City Grant proceeds shall be disbursed by the City from time to time to the general
contractor providing labor and materials in accordance with invoices submitted to the City for the
purchase or procurement of materials and supplies and labor for the Project. No portion of the City
Grant proceeds shall be disbursed to the Recipients. The City Grant proceeds shall be used and applied
solely in the manner for the direct payment by the City to the general contractor as specified on each
invoice.
Section 3. Use of Grant Funds: Restrictions; Agency Preparation of Bid Documents
and Recipient Payment of Prevailiny- Wages. (a) The Recipients covenant that they shall expend
the City Grant funds solely for the Construction costs. It is recognized that the Recipients intend to
contract with general contractors to provide labor and equipment necessary for the completion of the
Project. The proceeds of the City Grant may be used or applied for the payment of any labor or
equipment costs and for the purchase or procurement of materials and supplies subject to such
documentation as may be reasonably required by the City as a condition precedent to the disbursement
of any portion of the City Grant.
(b) Upon the completion of the Project by the Recipients, the Recipients shall provide the
City with a Notice of Completion stating the amount of the entire Project costs and a summary of the
use and application of the City Grant funds. The City reserves the right to audit any and all
expenditures associated with the use and application of the City Grant funds at its sole cost and
expense.
(c) The Recipients shall be responsible for any Project costs for labor or materials or for
alleged non-compliance by the Recipients. The Grantee shall defend and hold harmless the City from
all costs and expenses with respect to all work performed and materials acquired in furtherance of the
Proj ect.
(d) All proceeds of the City Grant shall be used on or before one (1) year from and after the
date of this Grant Agreement. Failure or inability of the Recipients to so use and apply such proceeds
in furtherance of the Project by such date shall relieve the city of any further duty or obligation under
this Grant Agreement to provide for any further disbursements of the City Grant.
(e) The Recipients agree that they shall be required to comply with the payment of
prevailing wages in the same manner as would with the City in the undertaking of a public works
contract as required by State law. The Recipients shall comply with all applicable provisions of the
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Public Contracts Code and the Labor Code of the State and shall maintain such records as may be
reasonably required to demonstrate such compliance and shall further require in each contract for the
provision of labor for the Project that all laborers are paid the prevailing wage rates as applicable
within the City.
(f) The City agrees to undertake all pre-bid related activities on behalf of the Recipients for
the preparation of bid specifications and a notice of bid, and the City shall advertise for bids for the
undertaking of all aspects of the Project by the Recipients substantially in the same manner as would
be required by the City under State law had the City undertaken such activities directly for its own
behalf. The City shall publish the notice of advertisement for bids for the Project and shall provide for
the receipt of bids and the opening thereof at a date, time and place to be determined by the City's
Finance Department. After the public opening of the bids as received by the City at the required date,
time and place, a recommendation shall be made by the City's Finance Department to the Recipients as
to the apparent lowest responsible bidder for each item of labor, materials or supplies as requested
within the applicable bid documents. The City shall thereupon present such bid results and the bid as
received from the apparent lowest responsible bidder to the Mayor and Common Council and provide
for the execution and delivery of the final agreement or agreements, as applicable, to undertake the
Project. The City shall certify prior to the date of the submittal of the first request for the disbursement
of any portion of the City Grant funds that the City has in fact complied with all aspects of this Section
3 and has awarded one or more construction or labor contracts to the lowest responsible bidders
thereunder. Additionally, the procurement of materials and supplies for the undertaking of the Project
shall likewise be subject to the same public bidding requirements that will be undertaken by the City to
assure that all such materials and supplies are procured at the lowest price possible from the lowest
responsible bidder with respect thereto.
Section 4. Duty to Obtain Permits; Role of City. The Recipients agree that it shall have
the sole obligation and duty to obtain whatever approvals and permits as may be necessary to be
obtained from the City prior to the commence of the work comprising the Project and the Recipients
shall further be solely responsible for obtaining any and all necessary inspections, surveys and permits
related to the Project. Upon the request of the Recipients, the City shall provide the service of City
staff to assist the Recipients to determine the extent of the City approvals, if any, as may be required
for the undertaking of the Project. The Recipients recognize that the City will have the right to issue
necessary permits for certain aspects of the Project and it shall be the sole duty and obligation of the
Recipient to determine those precise matters for which the City has the sole authority to issue licenses
and permits and to approve construction plans and designs for all aspects of the Project. The
Recipients further agree to construct, install and undertake or cause to be constructed, installed and
undertaken all aspects of the Project in accordance with City approved plans and specifications as and
to the extent required by the City.
Section 5. Maintenance Obligations for Project Improvements; Insurance. (a) In
consideration of the receipt of the City Grant, the Recipients hereby agree that they shall be solely
responsible for the maintenance, care and replacement of all landscaping materials, trees, irrigation
systems and other similar improvements and all aspects of the building improvements that comprise
the Project. Such maintenance obligation on the part of the Recipients shall extend until the parties to
this City Agreement provide otherwise by written agreement, and such obligation as incurred by the
Recipients pursuant to this Grant Agreement shall be enforceable the City as against the Recipients.
The City may obtain such remedies to enforce this maintenance obligation including specific
performance and damages as may be awarded by a court in the event the Recipients should fail to
fulfill any obligations required by this Section. The Recipients agree and shall further defend,
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indemnify and hold harmless both the City from all claims arising from any matters related to the
maintenance obligation of the Recipient and the location, replacement, operation and maintenance of
all landscaping materials and irrigation systems installed within the public right-of-way.
(b) The Recipients agree to defend and protect the City, their governing boards, commissions,
agents, officers, employees, and authorized representatives, against all claims and liability for death,
injury, loss and damage resulting from the Recipient actions in connection with the City Grant and the
Project during the construction phase thereof, including, thereafter, the ongoing maintenance of the
landscaping areas, and shall secure and maintain insurance, as described below. No disbursement of
the City Grant shall be paid to the Recipients, until the Recipients provide the required policies and/or
certificates evidencing the insurance required by this Grant Agreement to the City. The Recipients
shall pay any deductibles and self-insured retentions under all insurance policies in satisfaction of the
terms of this Grant Agreement.
A. Workers' Compensation Insurance Requirement: The Recipients
shall submit written proof that the Recipients are insured against
liability for workers' compensation in accordance with the
provisions of section 3700 of the Labor Code. By executing this
Grant Agreement, the Grantee makes the following certification,
required by section 1861 of the Labor Code:
"The undersigned representatives of the Recipients are aware of the
provisions of section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code,
and the Recipients will comply with such provisions before commencing
the performance of the work anticipated under the Grant Agreement."
(1) The Recipients shall require each contractor and sub-contractor to
provide workers' compensation coverage for all of such contractor's or sub-contractor's employees,
unless the employees of the contractor or sub-contractor are covered by workers' compensation
insurance provided by the Recipients. If any class of employees engaged in work or services
performed in connection with the Project is not covered by Labor Code Section 3700, the Recipients
shall provide and/or require each contractor or sub-contractor to provide adequate workers'
compensation insurance covering such employees.
B. Liability and Permanent Insurance Requirements:
(1) The Recipients shall maintain in full force and effect, at all times
during the term of this Grant Agreement and while the Recipients retains the maintenance obligations
for the landscaping the following insurance:
(a) Commercial General Liability Insurance coverage,
including, but not limited to, Premises-Operations, Contractual Liability Insurance (specifically
concerning the indemnity provisions of this Grant Agreement), Products-Completed Operations
Hazards, Personal Injury (including bodily injury and death), and Property Damage for liability arising
out of the construction of the Project and/or the Grantee's operation and maintenance of the Project.
Said insurance coverage shall have minimum limits for Bodily Injury and Property Damage liability of
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ONE MILLION DOLLARS ($1,000,000) each occurrence and TWO MILLION DOLLARS
($2,000,000) aggregate.
(b) [ RESERVED ]
C. During the construction of the Project, the Recipients shall require that
all contractors performing work on the Project maintain the following insurance coverage at all times
during the performance of said work:
(1) Builder's Risk Insurance to be written on an All Risk Completed
Value form, in an aggregate amount equal to 100% of the completed insurable value of the Project,
including materials to be acquired and installed within the public right-of-way of Arrowhead Avenue.
(2) Commercial General Liability Insurance with limits of not less
than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS
($2,000,000) aggregate to protect the Recipients during the construction of the Project from claims
involving bodily injury and/or death and damage to the property of others.
D. The Commercial General Liability Insurance required in sub-paragraph
B., above, shall include an endorsement naming the City of San Bernardino, their board members, and
their officials, officers, agents, and employees as additional insureds for liability arising out of this
Grant Agreement and any operation related to this Grant Agreement.
E. If any of the insurance coverage required under this Grant Agreement is
written on a claims-made basis, such insurance policy shall provide an extended reporting period
continuing through the period of time that the Recipients continue to have the obligation to maintain
the improvements.
F. Receipt of evidence of insurance that does not comply with the above
requirements shall not constitute a waiver of the insurance requirements of this Grant Agreement.
G. The above stated insurance coverage shall be maintained by the
Recipients or their contractors, as required by the terms of this Grant Agreement, until the completion
of all of the Recipients' obligations under this Recipient Agreement, including the continuing
maintenance obligation and shall not be reduced, modified, or canceled without thirty (30) days prior
written notice to the City. Also, phrases such as "endeavor to" and "but failure to mail such notice
shall impose no obligation or liability of any kind upon the company" shall not be included in the
cancellation wording of any Certificates of Insurance or any coverage for the City, their board
members, officials, agents, and employees. The Recipients shall immediately obtain replacement
coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits are
exhausted or upon insolvency of the insurer that issued the policy.
H. All insurance to be obtained and maintained by the Recipients under
this Grant Agreement shall be issued by a company or companies listed in the current "Best's Key
Rating Guide, Property/Casualty" publication with a minimum of a `B+/VII" rating and be a
California admitted insurance company.
1. If the Recipients are or become self-insured, during the term of this
Grant Agreement, the Recipients shall provide coverage equivalent to the insurance coverages and
endorsements required above. The City will not accept such coverages unless the City through the
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official action of their governing body determine, in their sole discretion and by written acceptance,
that the coverage proposed to be provided by the Recipients is equivalent to the above-required
coverages. A determination by the City that proposed self-insurance coverage is not equivalent to
require coverages will be communicated to the Recipient in writing by the City, along with the reasons
for such determination.
J. All insurance obtained and maintained by the Recipients in satisfaction
of the requirements of this Grant Agreement shall be primary to and not contributing to any other
insurance maintained by the City.
K. Insurance coverage in the minimum amounts set forth in this Grant
Agreement shall not be construed to relieve the Recipients of any liability, whether within, outside, or
in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the
coverage; nor shall it preclude City from taking such other actions as are available to them under any
other provision of this Grant Agreement or otherwise at law.
L. Failure by the Recipients to maintain all insurance required by this Grant
Agreement in effect at all times shall be an Event of Default by the Grantee. The City, at their sole
option, may exercise any remedy available to it in connection with such an Event of Default.
Additionally, the City may purchase such required insurance coverage and the City shall be entitled to
immediate payment from the Recipients for any premiums and associated costs paid by the City for
such insurance. Any election by the City not to purchase insurance for the Recipients shall not relieve
the Recipients of their obligation to obtain and maintain the insurance coverage required by this Grant
Agreement.
Section 6. Time of Essence. Time is strictly of the essence with respect to each and every
term, condition, obligation, and provision hereof and failure to timely perform any of the terms,
conditions, obligations, or provisions hereof by either party shall constitute a material breach of and a
default under this Grant Agreement by the party so failing to perform.
Section 7. No Waiver. Failure to exercise any right, the City may have or be entitled to, in
the event of default by the Recipients hereunder, shall not constitute a waiver of such right or any other
right, in the event of a subsequent default by the Recipient.
Section 8. Events of Default.
a. By City. Failure or refusal of the City to disburse the City Grant proceeds, as set forth
herein, shall constitute a default by the City other than if such failure or refusal to disburse is for cause
as shall be stated in writing by the City delivered to the Recipients.
b. By Recipients. Failure to use the City Grant proceeds in the manner and for the
purposes as set forth herein and for failure of the Recipients to fulfill all maintenance obligations and
insurance required pursuant to Section 5 hereof.
C. By Either Party. Failure or delay by either party to perform any material term or
provision of this Grant Agreement shall constitute a default under this Grant Agreement; provided,
however, that if the party who is otherwise claimed to be in default by the other party commences to
cure, correct, or remedy the alleged default within thirty (30) calendar days after receipt of written
notice specifying such default and diligently pursues such cure, correction, or remedy to completion,
such party shall not be deemed to be in default hereunder.
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d. Notice of Default. The party that may claim that a default has occurred shall give
written notice of default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of default; provided,
however, the injured party shall have no right to exercise any remedy for a default hereunder without
delivering the written default notice as specified herein.
e. Rights and Remedies. Any failure or delay by a party in asserting any of its rights and
remedies as to any default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. Except with respect to rights and remedies expressly declared to be
exclusive in this Grant Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it,
at the same or different times, of any other rights or remedies for the same default or any other default
by the other party.
f. Breach. In the event that a default of either party may remain uncured for more than
thirty (30) calendar days following written notice, as provided above, a "breach" shall be deemed to
have occurred. In the event of a breach, the party who is not in default shall be entitled to terminate
this Grant Agreement by serving written notice of such termination on the other party.
g. Additional Rights and Remedies of Parties. Upon default by the Recipients: (i) the
City shall be released from any further obligations under this Grant Agreement; provided, however,
that the City shall not be released from its obligation to remit any and all advances as may have been
previously submitted by the Recipients to the City for payment under this Grant Agreement and to
which such default does not apply, and (ii) the City may seek appropriate legal or equitable relief.
Upon a default by the City, the Recipients may institute any proceeding at law or in equity to enforce
the obligations of the City under this Grant Agreement. In any action arising under this Grant
Agreement among the parties hereto, the prevailing party or parties shall be entitled to reimbursement
from the other party or parties of all costs and expenses, including reasonable attorney's fees, in
bringing such action. If either party hereto files any action or brings any action or proceeding against
the other arising out of this Grant Agreement, or is made a party to any action or proceeding brought
by the any other person or governmental agency, then as between the Recipients and the City, the
prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, its
reasonable attorneys' fees as fixed by the Court in such action or proceeding or in a separate action or
proceeding brought to recover such attorneys' fees. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Grant Agreement shall be considered as "attorney
fees" for purposes of this Section.
Section 9. Further Assurances. The Recipients shall execute any further documents
consistent with the terms of this Grant Agreement, including documents in recordable form, as the City
shall, from time-to-time, deem necessary or appropriate to effectuate its purposes in entering into this
Grant Agreement and making the City Grant.
Section 10. Governing Law. The Recipients hereby agree to comply with all ordinances,
rules, and regulations of the City for the use and disbursement of the City Grant. Nothing in this Grant
Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or
regulation or other applicable provisions of State law. This Grant Agreement shall be governed by the
laws of the State of California. Any legal action brought under this Grant Agreement must be
instituted in the Superior Court of the County of San Bernardino, San Bernardino District, State of
California, or in the Federal District Court in the Central District of California.
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Section 11. Amendment of Grant Agreement. No modification, rescission, waiver,
release, or amendment of any provision of this Grant Agreement shall be made except by a written
agreement executed by the Recipients and the City and duly approved by the governing bodies of each
such party.
Section 12. No Assignment of Grant Agreement By Grantee. The Recipients may not
assign or transfer any portion of this Grant Agreement, without the prior express written consent of the
City which consent may be given or withheld at the sole discretion of the City. No assignment of the
City Grant or this Grant Agreement shall be permitted under any circumstances.
Section 13. Notices. Any notices, requests, or approvals given under this Grant Agreement
from one party to another may be personally delivered, delivered by nationally recognized overnight
delivery service, or deposited with the United States Postal Service for mailing, postage prepaid,
registered, or certified mail, return receipt requested to the following address:
To Recipients: Nancy Quan and Jovanna Rodriguez
123 North"E" Street
San Bernardino, CA 92410
To City: Commercial Rehabilitation Program
Attn: Project Manager
300 North"D" Street
San Bernardino, CA 92418
Communications delivered personally or by nationally recognized overnight delivery service
shall be effective upon such delivery. Communications sent by United States Mail shall be effective
on the third (3'd)business day following their deposit for mailing with the United States Postal Service.
Either party may change its address for notice by giving written notice thereof to the other party.
Section 14. Attorney's Fees and Costs. If any action is instituted to enforce payment or
performance under this Grant Agreement, the parties hereby agree that the prevailing party shall be
entitled to all costs and all attorneys' fees incurred by such prevailing party in enforcing this Grant
Agreement. As further provided in Section 8g. hereof, the costs, salary, and expenses of the City
Attorney and members of his office in enforcing this Grant Agreement shall be considered as "attorney
fees" for purposes of this Section 14 and said Section 8g. and for all other purposes under this Grant
Agreement.
Section 15. Partial Invalidity. If any term or provision or portion of this Grant Agreement
or the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Grant Agreement, or the application of such term or provision or
portion thereof to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each such term and provision of this Grant
Agreement shall be valid and enforced to the fullest extent permitted by law.
Section 16. No Intent to Create Third Party Beneficiaries. The parties intend that the
rights and obligations under this Grant Agreement shall benefit and burden only the parties hereto, and
do not intend to create any rights in, or right of action to or for the use or benefit of any third party,
including any governmental agency, which is not one of the parties to this Grant Agreement.
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Section 17. Entire Agreement. This Grant Agreement (including all Exhibits attached
hereto) is the final expression of, and contains the entire agreement between the parties with respect to
the subject matter hereof and supersedes all prior understandings with respect thereto. This Grant
Agreement may not be modified, changed, supplemented, or terminated, nor may any obligations
hereunder be waived, except by written instrument signed by the party to be charged or by its agent
duly authorized in writing or as otherwise expressly permitted herein. This Grant Agreement may be
executed in one or more counterparts, each of which shall be an original, and all of which together
shall constitute a single instrument.
Section 18. Construction. Headings at the beginning of each Section are solely for the
convenience of the parties and are not a part of this Grant Agreement. Whenever required by the
context of this Grant Agreement, the singular shall include the plural and the masculine shall include
the feminine and vice versa. This Grant Agreement shall not be construed as if it had been prepared by
one of the parties, but rather as if both parties had prepared the same. Unless otherwise indicated, all
references to Sections are to this Grant Agreement. All Exhibits referred to in this Grant Agreement
are attached hereto and incorporated herein by this reference.
Section 19. Counterparts. This Grant Agreement may be executed in one or more
counterparts, each of which will constitute an original and all of which together shall constitute a
single instrument.
Section 20. Additional Requirements. The purpose of the Commercial Rehabilitation
Program is to improve blighted areas along major thoroughfares and encourage economic
development. Toward that end, the City requires that participants in the program remain in business
for at least ten (10) years. In the eleventh year, the grant is forgivable. Between years 1 and 10, if
business is sold, recipients shall repay the City as follows:
Within 1 year Owner pays back 100% of grant award to City
Within 2 years Owner pays back 90% of grant award to City
Within 3 years Owner pays back 80% of grant award to City
Within 4 years Owner pays back 70% of grant award to City
Within 5 years Owner pays back 60% of grant award to City
Within 6 year Owner pays back 50% of grant award to City
Within 7 years Owner pays back 40% of grant award to City
Within 8 years Owner pays back 30% of grant award to City
Within 9 years Owner pays back 20% of grant award to City
Within 10 years Owner pays back 10% of grant award to City
Year 10 and 1 month -There is no repayment
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2015-15
THE CITY OF SAN BERNARDINO
COMMERCIAL REHABILITATION PROGRAM AGREEMENT
"JOVI'S DINER" (123 NORTH "E" STREET)
IN WITNESS WHEREOF, the City of San Bernardino and Jovi's Diner executed this
Agreement as of the dates written next to the signatures of their duly authorized representatives, below.
Jovi's Diner
Date: By:
Nancy Quart, Owner
By:
Jovanna Rodriguez, Operator
CITY OF SAN BERNARDINO
Date: By:
Allen Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:
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2015-15
EXHIBIT "A"
LINE ITEM BUDGET FOR THE PROJECT
Staff recommends the following construction activities be performed under the Commercial
Rehabilitation Program:
Activity Proposed Cost
1. Painting of entire complex $ 19,500
2. Installation of new signage $ 13,500
3. Expand Jovi's Diner's entrance/doors $ 26,000
4. Installation of parking bumpers $ 4,050
5. Install an"Unauthorized Vehicle" sign 1 350
Sub-Total $64,400
15% Contingency $ 9,660
Grand Total $ 74,060