EOA Grant Agreement (Arts Council of Kern)
AGREEMENT NO. ___________________
ECONOMIC OPPORTUNITY AREA
GRANT AGREEMENT
This AGREEMENT is made on _____________________, by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation ("CITY") and ARTS COUNCIL OF KERN, a California 501 (c) (3) corporation authorized to do business in California (“APPLICANT”) herein. CITY and APPLICANT are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, City Council adopted an Economic Opportunity Area Plan (the “EOA Plan”) on April 20, 2016; and
WHEREAS, the EOA Plan calls for CITY to support new and existing development, infrastructure improvements, and allow for economic incentives for small businesses and non-profit entities; and
WHEREAS, CITY’s General Plan calls for “incentives to upgrade deteriorating residential, commercial and industrial uses when the property owner or resident cannot afford improvements” per Land Use Policy No. 84; and
WHEREAS, CITY’s Economic Development Strategic Plan has adopted strategies to implement the EOA Plan; and
WHEREAS, CITY administers an EOA Incentive Program, which provides grants and assistance to business and property owners to help grow and expand their business and renovate their buildings and property within certain areas; and
WHEREAS, CITY’s Economic & Community Development Department (ECD) released a Notice of Funding Availability (NOFA) for the Downtown EOA Business Improvement Grant Program on October 3, 2024; and
WHEREAS, APPLICANT submitted a grant application for assistance with site improvements as described in Exhibit A (“Project”) attached hereto and incorporated by reference herein; and
WHEREAS, APPLICANT does business in the property located at 1018 and 1020 18th Street, Bakersfield, CA, 93301 , owned by Blue Boar LLC, within the Downtown EOA, Parcel Number 006-04-106 (herein called “Property”); and
WHEREAS, said Project is designed to improve APPLICANT’s business and quality of life for customers and the public; and
WHEREAS, ECD grant award recommendations were approved by CITY’s Finance, Economic Development and Jobs Council Committee in 2025 with Public Safety Vital Services (PSVS) funding; and
Docusign Envelope ID: A3BD7544-DBE1-8C0B-839D-4EA992430176
EOA Grant Agreement (Arts Council of Kern)
WHEREAS, on March 26, 2025, City Council approved Economic Opportunity Area (EOA) Grant Agreement No. 2025 -054 between CITY and APPLICANT for site improvements with a not to exceed amount of $116,500; and
WHEREAS, EOA Grant Agreement No. 2025 -054 expired on May 1, 2026, leaving $22,237.29 remaining to be invoiced; and
WHEREAS, APPLICANT now requests an additional $16,222.71 to address unforeseen cost increases and aged infrastructure resulting in a total Project cost of $132,722.71 ($116,500 + $16,222.71); and
WHEREAS, terminated EOA Grant Agreement No. ED26-008 has a remainder of $16,222.71; and
NOW, THEREFORE , incorporating the foregoing recitals herein, CITY and APPLICANT mutually agree as follows:
1. GRANT OF FUNDS . CITY approves APPLICANT ’s grant for the cost of the Project and additional funding under the terms and conditions herein, for a new amount NOT TO EXCEED ONE HUNDRED THIRTY-TWO THOUSAND, SEVEN HUNDRED TWENTY -TWO AND SEVENTY -ONE CENTS ($132,722.71), of which $94,262.71 has already been reimbursed by CITY leaving $38,460 remaining which will come from terminated EOA Grant ED26-008 ($16,222.71) and the difference $22,237.29 from PSVS funding, for a total of $38,460.
2. PROPERTY OWNERSHIP/RIGHT TO UNDERTAKE WORK . APPLICANT represents that it is authorized to undertake physical improvements to the Property.
Property owner acknowledges and agrees to such physical improvements as demonstrated by the signature below.
BLUE BOAR LLC
By: ________________________
TOMAS DELTORO-DIAZ
Property Owner
3. PROJECT INFORMATION. Eligible reimbursement by CITY is identified as part of APPLICANT’s grant application in Exhibit A. APPLICANT agrees to notify CITY of any changes or revisions of the approved Project. Changes include but are not limited to changes in design, color(s), materials, scope of work, and contractor performing the work. APPLICANT shall provide CITY with such notice immediately and shall allow CITY seven (7) working days to review such revisio ns. Within seven (7) working days CITY will notify APPLICANT if CITY accepts the proposed changes. Upon acceptance by all Parties, such changes shall be approved in writing.
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Docusign Envelope ID: A3BD7544-DBE1-8C0B-839D-4EA992430176
EOA Grant Agreement (Arts Council of Kern)
4. PAYMENT PROCESS. Reimbursement payments shall be made to APPLICANT for the actual amount, as work is completed and after APPLICANT has provided CITY with written proof of expenditure of APPLICANT’S Project costs. Prior to the release of any disbursement of grant funds, CITY must receive from APPLICANT copies of proof of payment for the amount to be reimbursed, using Exhibit B (B-1, B-2) attached hereto and incorporated by reference herein, with copies of invoices/estimates attached for the work completed and proof of payment to the contractor.
5. RESOURCE ALLOCATION . All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
6. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on December 31, 2026.
7. TERMINATION. Unless terminated earlier as provided herein, CITY may terminate this Agreement upon ten (10) days’ notice.
8. THIRD-PARTY CLAIMS. This Agreement shall not be construed or deemed to be a contract for the benefit of any third-party or parties, and no third-party shall have any claim or right of action hereunder for any cause whatsoever.
9. APPLICANT’S CONTRACT WITH CONTRACTOR. APPLICANT shall provide CITY with a copy of APPLICANT’S contract/estimate with each contractor performing work approved for this program. Contractor shall have a valid State of California contractor’s License and be registered with the California Department of Industrial Relations (DIR), if applicable.
9.1 CONTRACTOR. The Parties agree that APPLICANT has sole responsibility for choosing and hiring a contractor to construct the Project and will ensure that contractor has a valid CITY Business Tax Certificate. In addition, APPLICANT has sole responsibility for accepting the materials used, and the work performed on the Project. CITY is not a party to any agreement between APPLICANT and its vendor(s) or contractor(s) and CITY does not guarantee the quality of workmanship of the Project or have any liability whatsoever in connection with the Project’s construction.
10. COMPLIANCE WITH ALL LAWS . APPLICANT shall, at APPLICANT’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement. All municipal ordinances, state and federal statutes, rules or regulations, and permitting requirements, including but not limited to, the Building, Planning, and/or Public Works Departments for all work requiring permits , now in force or which may hereafter be in force including, without limitation:
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EOA Grant Agreement (Arts Council of Kern)
10.1 CITY TAX CERTIFICATE . APPLICANT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02).
10.2 PREVAILING WAGE. Pay prevailing wages to all workers employed on public works projects, as defined by the California Labor Code. Upon request by CITY , APPLICANT must provide CITY proof of DIR registration of the Project.
10.3 NONDISCRIMINATION. Not discriminate or segregat e against any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the performance of this Agreement or use of the Property.
11. AUTHORITY. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. APPLICANT certifies that the above statements are true and accurate to the best of APPLICANT’s belief. Failure to meet any of the terms of this Agreement shall result in the forfeiture of any grant funds from CITY for this program.
12. REMEDIES. If APPLICANT is in default of this Agreement, or any terms of the Grant Application, or it’s Program Guidelines or if applicable, the NOFA, CITY may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy CITY may have in law or equity:
12.1 Withhold payment of grant funds and/or issuance of building permits or performance of inspections related to the Project.
12.2 Seek reimbursement of all dispersed grant funds related to the Project.
12.3 Disallow future grant funds to APPLICANT.
13. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement.
14. INDEMNITY. APPLICANT shall indemnify, defend, and hold harmless CITY and CITY’s officers, employees, volunteers, agents and representatives against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by APPLICANT or APPLICANT’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not Docusign Envelope ID: A3BD7544-DBE1-8C0B-839D-4EA992430176
EOA Grant Agreement (Arts Council of Kern)
caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct. This obligation to indemnify CITY and its officers, employees, volunteers, agents and representatives shall survive termination of this Agreement.
15. INTEGRATED AGREEMENT. This Agreement, the Grant Application, and it’s Program Guidelines contains all of the agreements of the Parties and cannot be amended or modified except by written agreement.
16. MAINTENANCE. APPLICANT agrees and covenants that APPLICANT shall be responsible for maintenance of all improvements that may exist at the Property from time to time, including without limitation , buildings, parking lots, lighting, signs, and exterior walls in good condition and repair, and shall keep the Property free from any accumulation of debris or waste materials.
APPLICANT shall also maintain all landscaping required pursuant to Property’s a pproved landscaping plan, if any, in a healthy condition, including replacement of any dead or diseased plants with plants of a maturity similar to those being replaced.
17. NOTICE. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
CITY: City of Bakersfield
Economic and Community
Development Department
1600 Truxtun Avenue
Bakersfield, California, 93301
APPLICANT: Arts Council of Kern
1020 18th Street
Bakersfield, California, 93301
18. RELEASE OF LIENS . The Parties agree that APPLICANT is responsible for obtaining the release of any Mechanics Liens or other liens placed upon APPLICANT’s Property by any contractor or subcontractor hired under this program.
19. REPORTING. APPLICANTS are required to submit a progress report when submitting a reimbursement request of the improvements completed within the initial six (6) months after application funding. If requesting a Project extension, the progress report must include a narrative of the progress made and work yet to be completed and an updated timeline and completion date.
Docusign Envelope ID: A3BD7544-DBE1-8C0B-839D-4EA992430176
EOA Grant Agreement (Arts Council of Kern)
A final progress report must be submitted to ECD within thirty (30) days of completion of the Project. This report must include a Project narrative, before and after pictures of the Project, detailed account of expenditure (including receipts, contracts, invoices, etc.), jobs created, or a description of other program objectives met by the Project. Failure to submit the required final report may disqualify the grant recipient from receiving future funding from CITY.
20. SEVERABILITY. In the event that any one (1) or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above.
“CITY” “APPLICANT”
CITY OF BAKERSFIELD ARTS COUNCIL OF KERN
By: _______________________________ By: ________________________________
KAREN GOH JEANETTE RICHARDSON
Mayor Executive Director
APPROVED AS TO CONTENT:
COMMUNITY DEVELOPMENT
DEPARTMENT
By: ___________________________
PHILLIP BURNS
Development Services Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: ___________________________ Finance Director: ___________________________
VIRGINIA GENNARO RANDY MCKEEGAN
Attachments: Exhibit A
Exhibit B (B-1, B-2)
Docusign Envelope ID: A3BD7544-DBE1-8C0B-839D-4EA992430176
A-1
EXHIBIT A
[PROJECT DESCRIPTION, PLANS, SPECIFICATIONS, ELIGIBLE COSTS]
Project Description: Interior fire sprinkler system.
List Plans/Specifications (attach site plans, elevations, drawings, etc.):
Eligible Costs:
Activity Cost ($)
Fire sprinkler system, fire alarm, water connection fees/permits, and other related work as required
$38,460
Total: $38,460
Docusign Envelope ID: A3BD7544-DBE1-8C0B-839D-4EA992430176
B-1
EXHIBIT B
Note: This is a sample, the official form will be provided by the CITY after execution of the grant agreement.
ECONOMIC OPPORTUNITY AREA INCENTIVE PROGRAM
INVOICE
PAYMENT REQUEST/PROGRESS REPORT
Grant Agreement No.
Payment No.
To: City of Bakersfield Attn: Economic & Community Development Address: 1600 Truxtun Avenue, Bakersfield, CA 93301
From: Business Name _________________________ _________________________
Mailing Address: _________________________
Note: All payments will be sent to the business name and address listed above. They must be the same as your grant agreement.
Grant Agreement Award Amount: $____________
Reimbursement Requested $____________________________
I certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding. In addition, I certify that all grant obligations are met as described in the approved grant agreement and only approved activities are being funded.
_______________________________________ _________________________ Business Owner Signature Date
___________________________________
Business Owner Name (Printed)
Eligible Expenditures (per your approved grant agreement).
You must attach to this form all receipts, estimates, invoices, etc. of eligible costs as well as proof of payment, copies of checks, bank statements, accounting le dgers, etc.
Accounting numbers and similar information should be redacted.
Docusign Envelope ID: A3BD7544-DBE1-8C0B-839D-4EA992430176
B-2
List of Detailed Expenditures Cost ($)
$
$
$
$
$
$
$
$
$
TOTAL $
PROGRESS REPORT
This report must include a project narrative of progress to date, before pictures and pictures (high quality digital photos) of what is in progress. If this is a final progress report, then there must be pictures of all components of the completed project. Failure to submit the required progress reports may disqualify the grant recipient from receiving future funding from the City of Bakersfield.
Project Narrative:
Before and After Photos (Attach high quality digital photos to this report)
Docusign Envelope ID: A3BD7544-DBE1-8C0B-839D-4EA992430176 Certificate Of Completion
Envelope Id: A3BD7544-DBE1-8C0B-839D-4EA992430176
Status: Completed
Subject: Complete with Docusign: EOAGrantAgr.ACOK.2026.pdf Source Envelope:
Document Pages: 9
Signatures: 3
Envelope Originator:
Certificate Pages: 5
Initials: 0
City Clerk's Office
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[email protected]
IP Address: 174.46.226.5
Record Tracking
Status: Original
7/9/2026 12:40:16 PM
Holder: City Clerk's Office
[email protected]
Location: DocuSign
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Signature
Timestamp
Jeanette Richardson
[email protected]
Executive Director
Arts Council of Keen
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Using IP Address: 209.166.71.40
Signed using mobile
Sent: 7/9/2026 12:45:29 PM
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Electronic Record and Signature Disclosure:
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ID: 5c3d78e2-5da1-4edf-9921-c9ed6c72f942
TOMAS DELTORO-DIAZ
[email protected]
MANAGER
SAGUARO INVESTORS LLC
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Signed using mobile
Sent: 7/9/2026 7:50:50 PM
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Signed: 7/10/2026 8:50:15 AM
Electronic Record and Signature Disclosure:
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Phil Burns
[email protected]
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Signed using mobile
Sent: 7/10/2026 8:50:17 AM
Viewed: 7/10/2026 10:21:50 AM
Signed: 7/10/2026 10:22:11 AM
Electronic Record and Signature Disclosure:
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ID: e23a42ba-0e17-476f-b2a9-9fe456507b39
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Electronic Record and Signature Disclosure
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