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 Project. 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.
Section 5. MAINTENANCE COVENANTS.
The Applicant covenants and agrees, for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that the Applicant will maintain, at Applicant's own cost and expense, the improvements on the Site in a clean and orderly condition, free of graffiti, and in good condition and repair, and will keep the Site free from any accumulation of debris and waste materials.
Any damage to the building visible from the street is to be repaired immediately. The Applicant shall promptly touch up painted areas and perform any other repairs needed to maintain an attractive building appearance, including cleaning all awnings, if any, at least once a year.
The foregoing covenants shall remain in effect for a period of 5 years from the completion of the Project. During this 5 year period, Applicant agrees, for itself, its successors, its assigns and every successor in interest, that it will not materially alter the improvements made, without the prior written consent of City which consent may be conditioned by City to preserve those 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 immediately make due the total remaining loan balance payable to the City.
Improvements cannot be removed without City’s consent. All Eligible Improvements will become permanent fixtures of the property and cannot be removed by Owner upon expiry or termination of the lease of current tenant at the Site or sale of the property. Exceptions can be made with the prior written consent of the City. Any violation of this section not cured within 60 days shall immediately make due the total remaining loan balance payable to the City.
Section 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Applicant and its Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Applicant shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
6.4 Licenses and Permits. Applicant represents and warrants to City that its Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Applicant represents and warrants to City that its Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Applicant shall obtain and maintain during the term of this Agreement valid Business Licenses from City and Applicant’s Contractor and any subcontractors shall obtain and maintain a valid Business Licenses from City during the construction phase of the project.
6.5 Nondiscrimination and Equal Opportunity. Applicant and its Contractor and any subcontractors shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Applicant under this Agreement.
Section 7. GENERAL PROVISIONS.
7.1 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 Project, including the Eligible Improvements. 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.
7.2 Compliance with Laws. Applicant shall carry out the Project 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 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
7.3 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 and approval of the City of written notice of the assignment.
7.4 Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must be in writing and shall be given by certified mail, return receipt requested and postage prepaid, personal delivery, or reputable overnight courier (but not by facsimile or email), to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice.
To City:
City of Delano
1015 11th Avenue, Delano,
CA, United States, California
Attention: City Manager
Phone:
To Applicant:
_____________________
_____________________
_____________________
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.
7.5 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 Applicantshall 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 Eligible Improvements. 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 Eligible Improvements.
7.6 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, 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.
7.7 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.
7.8 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 or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.
7.9 Applicant's Indemnity; Waiver. 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 Project 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 performed under this Agreement or any activities associated with the Project, 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 active negligence or willful misconduct of the City, or its officers, employees, agents or representatives.
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.
7.10 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.
7.11 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.
7.12 No Third-Party Rights. This Agreement is made and entered into solely for the benefit of the City and Applicant and no other third party shall have any right of action under this Agreement.
7.13 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.
7.14 Liability. Owner is wholly liable for any Claims arising out of this Agreement.
7.15 Termination. In addition to City’s right to terminate under Section 2.4 and 2.5, City or Applicant 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. [signatures on following page.]
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DELANO:
Maribel Reyna, City Manager
Attest:
Nancy Garcia, City Clerk
Approved as to form
Mark D. Hensley, City Attorney
PROPERTY OWNER:
_______________, a California
Name:
Title:
EXHIBIT A
SCOPE OF WORK
EXHIBIT B
ELIGIBLE IMPROVEMENTS
Recording requested by, and when
Recorded mail to:
Economic Development Department
City of Delano
1015 11th Avenue
Delano, CA 93215
APN ______________________ SPACE ABOCE THIS LINE FOR RECORDER’S USE NO DOCUMENTARY FEE DUE – GOV CODE §6103
Presented for record by the ECONOMIC DEVELOPMENT
AGENCY OF THE CITY OF DELANO
MEMORANDUM OF LIEN AFFECTING REAL PROPERTY
LOAN AMOUNT: ___________________________ ($ ________________) THIS MEMORANDUM OF LIEN AFFECTIVE REAL PROPERTY (“Lien”) is made by and between the CITY OF DELANO, a California municipal corporation (“City”) and ________________________________ [an individual] [a (California) corporation/limited liability company/general partnership/limited partnership/etc.] (“Participant”), to be effective when signed by the parties and approved by the Delano City Attorney, as of the date of its recordation in the Office of the Kern County Recorded (the “Effective Date”), as follows:
RECITALS
A. Participant [is/is not] the owner of that certain real property (the “Property;” APN _______________________located at ____________________________________ in the City of Delano, County of Kern, State of California, and more particularly described in Exhibit A: Legal Description, attached hereto.
B. The City wants to enhance the visual appearance of buildings and structures, stimulate private investment, and promote community revitalization within the City.
C. The City believes that investment in commercial façade improvements located within the Main Street area and visible to persons from public right-of-way will revitalize the properties and surrounding area, create a positive visual impact, increase the volume of business, stimulate private investment, and improve the quality of lien within the City.
D. The City established a forgivable loan program known as the “Commercial Business Façade Improvement Program” (the “Program”), which provides loans to eligible property and business owners for rehabilitation of eligible commercial storefronts located within the Main Street area, with a fixed 3% interest, to be repaid annually in twenty percent (20%) increments for a 5-year term, with the potential to have forgiven the fifth and final 20% payment at the end of the 5-year loan term, subject to specific requirements and conditions.
E. The City’s financial assistance available upon completion of a project undertaken pursuant to the Program may not exceed the maximum loan amount of ten thousand dollars ($10,000).
F. The City has agreed to make a loan to a Participant, provided this lien is executed and recorded.
NOW THEREFORE, FOR VALUABLE CONSIDERATION, the sufficiency of which is acknowledged, the parties agree as follows:
1. Definitions. The following terms shall have the meanings described below whenever used in this Lien, except where the context clearly indicates otherwise. Any ambiguity as ot the intended meaning or scope of such terms shall be resolved solely by the City Manager or his or her designee.
a. City Funds – the financial allocations approved by the City Council to be used to fund the loans provided through the Program and to fund the costs associated with management of the Program.
b. Completion Date – the date of project completion.
c. Conceptual Drawings – the drawings developed by a Participant and a licensed architect and accepted by City for the conceptual design of the eligible exterior improvements.
d. Eligible Exterior Improvements – those exterior improvements determined by the City to be eligible for the Program and consistent with Program objectives that will contribute to the visual enhancement of the Property, as viewed from the public rightof-way, but excluding any improvements within the public right-of-way. e. Façade – any portion of the exterior of a building that is highly visible to the public and exposed to weather elements.
f. Loan – a loan of the City Funds, over a five (5)-year period, with partial forgiveness upon satisfaction of certain conditions, paid to the Participant pursuant to the Program, in a total amount not to exceed the loan maximum of ten thousand dollars ($10,000), as provided by the Program Guidelines.
g. Program – the “Commercial Business Façade Improvement Program” developed and approved by the City to promote certain capital improvements to commercial storefronts.
h. Program Guidelines – the “Program Guidelines” approved by the City, hereby incorporated herein, and attached hereto and as Exhibit B: Program Guidelines, and as may be amended from time to time by the City. If a conflict arises between the language of this Lien and that of the Program Guidelines, the language of the Program Guidelines shall control.
i. Project – the development and construction of Eligible Exterior Improvements proposed by the Participant, as set forth in the Conceptual Drawings.
j. Main Street Area – the area established by the City, as shown in the map attached hereto as part of Exhibit B: Program Guidelines and incorporated herein, between 9th Avenue and 13th Avenue, and as may be amended from time to time by the City. k. Project Completion – the completion of the Project to the Participant’s satisfaction and as evidenced by a paid-in-full receipt from the Participant’s contractor.
2. Property Owner’s Certificate of Consent. If Participant is not the owner of the Property, then prior to the Effective Date, Participant shall obtain the owner’s execution and delivery of a PROPERTY OWNER’S CERTIFICATE OF CENSENT TO RECORDATION OF A MEMORANDUM OF LIEN (“Property Owner’s Certificate of Consent”), which shall be attached hereto as Exhibit C: Property Owner’s Certificate of Consent. The Property owner’s execution and delivery of the Property Owner’s Certificate of Consent shall provide the Property owner’s acknowledgment of ownership of the Property, and their approval for Participant to participate in the Program and proceed with the Project, and for the recordation of this Lien in the Office of the Kern County Recorder.
If the Participant is not the Owner of the Property, and no such Property Owner’s Certificate of Consent has been obtained as required hereby, this Lien shall be null and void and of no force or effect, meaning in part that the City shall have no obligation to disburse any loan amount to Participant as contemplated by this Lien.
3. Terms of Loan. Participant shall comply with all terms and conditions of the Program as set forth in the Program Guidelines.
4. Insurance. At all times during construction of the Project, Participant shall obtain and maintain, or cause the general contractor responsible for the entirety of the Project to obtain and maintain, the following insurance policies: (i) Commercial General Liability insurance, providing coverage for bodily injury, including death, personal injury, and property damage with limits of at least $2,000,000 per occurrence, subject to an annual aggregate of at least $4,000,000; and (ii) Workers’ Compensation insurance, as required by the laws of the State of California for all employees who are employed on the Project. All policies shall be in effect on or before the Effective Date and shall be kept in force until Project Completion. At least thirty (30) days prior to the expiration of each insurance policy, Participant shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the requirements of this Lien. If insurance lapses or is discontinued for any reason, Participant shall immediately notify the City and obtain replacement insurance as soon as possible.
5. No Discrimination. Participant shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, ancestry, sexual orientation, marital status, color, creed, age or disability in the solicitation, selection, hiring or treatment of any contractors or consultants, to participate in subcontracting/subconsulting opportunities. This language shall be incorporated into all contracts between Participant and any contractor, consultant, subcontractor, subconsultants, vendors and suppliers. Participant, its successors and its assigns shall not practice or participate in discrimination or segregation of or against any person or group of
persons in the sale lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the transferee itself or any person claiming under or through them, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the Property.
6. No Relationship. Nothing contained in this Lien shall be deemed or construed by the parties or by any third person to create a relationship of principals and agent or partnership or a joint venture between the City and Participant or between the City and any third party.
7. Document Ownership. All documents, including without limitation, designs, plans, bids, invoices, and receipts, prepared and submitted to the City pursuant to the Program Guidelines shall be the property of the City. The City’s ownership of such documents includes without limitation their use, reproduction, or reuse and all incidental rights thereto.
8. Indemnification. Participant shall protect, defend, indemnify, and hold City and its respective officers, officials, employees, contractors and agents harmless from and against all claims, liability, loss, damage, costs, or expenses, including without limitation reasonable attorneys’ fees and court costs, arising from or as a result of the death of any person or any accident, injury, loss, or damage whatsoever caused to any person or the property of any person resulting or arising from or in any way connected with the following, provided Participant shall not be responsible for, and such indemnity shall not apply to, any negligence or willful misconduct of City or their respective officers, officials, employees, contractors or agents:
a. The existence, release, presence or disposal on, in, under, about, or adjacent to the Property of any toxic contamination or hazardous substance related to the Project. “Hazardous substances” shall mean any hazardous liquid, solid, or gaseous material substances listed by the Environmental Protection Agency or the State of California as a hazardous substance, and any type of petroleum-related substances and their chemical constituents. Participants shall be solely and exclusively responsible for any and all problems, claims, work, clean-up efforts, remediation requirements or orders, and the like associated with any alleged toxic contamination and/or hazardous substances on the Property and related to the Project. Neither City nor its respective officers, officials, agents, employees, contractors or representatives shall have any obligation or liability whatsoever regarding the presence and/or remediation of toxic contamination or hazardous substances on the Property;
b. The development, construction, marketing, use or operation of the Property by Participant, its officers, contractors, subcontractors, agents, employees, or other persons acting on participant’s behalf (the “Indemnifying Parties:”); c. The displacement or relocation of any person from the Property resulting from the Project;
d. Any plans or designs for improvements, including without limitation the Conceptual Drawings, prepared by or on behalf of Participant or any of the Indemnifying Parties
including without limitation, any errors or omissions with respect to such plans or designs;
e. Any loss or damage to City resulting from any inaccuracy in or breach of any representation or warranty for an Indemnifying Party, or resulting from Participant’s breach or default of this Lien and/or the Program Guidelines; f. Any and all actions, claims, damages, injuries, challenges, and/or costs or liabilities arising from the approval of any and all entitlements or permits for the improvements by City or the Agency, and their respective officers, officials, employees, contractors or agents; and
g. Any and all actions, claims, damages, injuries, challenges and/or costs or liabilities in any way related to the Project, the Loan, the Program, and ownership of the Property, including without limitation claims for injury or death to any person or damage to property. The foregoing indemnity obligations shall survive Project Completion and the expiration, termination, or reconveyance of this Lien, an indemnitee may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If the indemnitee chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, Participant shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs.
9. Compliance with Laws. Participant shall, at its sole cost and expense, comply with all the requirements of all rules, regulations, and direction of governing authorities now in effect or which may hereafter be in effect, which pertain to the Project and this Lien.
10. Loan Disbursement Withheld. No Loan proceeds shall be disbursed if Participant is in breach or default of this Lien.
11. Termination. The City may terminate this Lien if Participant is in default of this Lien by breaching any of its obligations under this lien and failing to correct the breach within thirty (30) days after notice thereof from the City, or, if such correction cannot practicably be achieved in such 30-day period, failing to commence the correction within such 30 days and diligently take action to correct, and corrects, the breach.
12. Reconveyance of Lien. The City, at its sole cost and expense, shall reconvey this Lien upon full satisfaction of all Participant’s obligations hereunder, or upon the earlier termination hereof.
13. Superior Governmental Requirements. This Lien and all other documents relating to the Loan shall be subject and subordinate to any and all overriding federal, state, and local laws, rules and regulations, and shall be subject to modification to comply therewith.
14. Institution of Legal Actions. Either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with
the purpose of this Lien. Such legal actions shall be instituted in the Superior Court of the County of Kern, State of California. If a party brings an action or proceeding against another party under this Lien, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs and expenses thereof, including without limitation reasonable attorney fees and costs. The prevailing party shall be that party who obtains substantially the result sought, whether by settlement, dismissal, or judgment.
15. Notices. Any notice required to be given under this Lien shall be in writing and delivered personally or by United States Certified Mail, return-receipt requested, postage prepaid.
Notices shall be sent to the addresses set forth below or as changed by either party from time to time by written notice to the other party:
City: THE CITY OF DELANO
Economic Development Department
1015 11th Avenue
Delano, California 93215
Participant: _____________________________
_____________________________
_____________________________
16. Joint and Several Liability. If Participant is comprised of more than one person or legal entity, such persons and entities, and each of them, shall be jointly and severally liable for the performance of each and every obligation of Participant under this Lien.
17. Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this Lien.
18. Conflicts of Interest. Participant represents and warrants that it has not paid or given, and will not pay or give, to any third person any money or other consideration for participating in the Program and obtaining the Loan.
19. Statement of Non-Liability. No member, official, agent, legal counsel, or employee of City or the Agency shall be personally liable to the Participant, or any successor in interest in the event of any breach or default by City, or for any amount which may become due to Participant or its successor, or on any obligation under the terms of this Lien. City shall not be liable in any way for acts or omissions of Participant, any agent or contractor employed by Participant, or any person furnishing labor or materials used in or related to the Project.
20. Binding Effect. This Lien shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
21. Counterparts. This Lien may be executed by each Party on a separate signature page, and when the executed signature pages are combined, shall constitute on single instrument.
22. Entire Lien. This Lien contains the entire understanding of the parties. There is no other written or oral understanding between the parties with respect to the subject matter of this Lien. Each party has relied solely on advice from its own attorneys and experts in entering into this Lien.
No other party, agent, or attorney of any other party has made any promise, representation, or warranty whatsoever which is not contained in this Lien. No modification, amendment, or alteration of this Lien shall be valid unless it is in writing and signed by all parties.
23. Time of Essence. Time is of the essence to the performance of each obligation under this Lien.
24. Captions. The section headings and captions for various articles and paragraphs shall not be held to define, limit, augment, or describe the scope, content, or intent of any or all parts of this Lien.
25. No Assignment. Participant shall not assign any right or obligation under this Lien without the prior written approval of the City. Any purported assignment in violation of this section shall be null and void.
26. Rights and Remedies. City’s rights and remedies under this Lien shall be cumulative and shall not limit any other rights or remedies available at law or in equity.
27. Severability. If any provision of this Lien is deemed to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
28. No Waiver. The City’s failure to insist upon the strict performance of any of Participant’s obligations under this Lien, in one or more instance, shall not be construed as a waiver of any such obligation, and the same shall remain in full force and effect. The City’s waiver of a default shall not be a waiver of any other default. Any waiver of a default must be in a writing executed by the City to constitute a valid and binding waiver. The City’s delay or failure to exercise a right or seek a remedy shall not be deemed a waiver of that or any other right or remedy under this Lien, at law or in equity. The exercise of any particular right or the use of any particular remedy for any default shall not waive the use of any other right or remedy for the same default or for another or later default. The City’s failure to discover a default or to take prompt action to require the cure of any default shall not result in an equitable estoppel, but the City may at any and all times required the cure of the default.
29. Authority to Contract. Each individual executing this Lien on behalf of another person or legal entity represents and warrants that her/she is authorized to execute and deliver this Lien on behalf of such person or entity in accordance with duly adopted resolutions or other authorizing actions which are necessary and proper and under such legal entity’s article, charter, bylaws, or other written rules of conduct or governing agreement, and that this Lien is binding upon such person or entity in accordance with its terms.
[Signatures on next page.]
IN WITNESS WHEREOF, this Lien is executed to be effective as of the Effective Date.
Participant: _________________________________________, [an individual] [a (California) corporation/limited
liability company/general partnership/limited
partnership/etc.]
Dated: _______________________ By: ______________________________________ Name: ________________________________
Title: ________________________________
City: CITY OF DELANO, a California municipal
Corporation
By: ______________________________________
Name: ________________________________
Title: ________________________________
Approved as to form:
MARK D. HENSELEY, Delano City Attorney
__________________________________________
EXHIBIT A: LEGAL DESCRIPTION
EXHIBIT B: PROGRAM GUIDELINES
EXHIBIT C: PROPERTY OWNER’S CERTIFICATE OF CONSENT
AND NOTARY FORM
PROPERTY OWNER’S CERTIFICATE OF CONSENT
TO RECORDATION OF MEMORANDUM OF LIEN
Commercial Business Façade Improvement Program
Project Name: ______________________________
I/We, ____________________________________________, hereby certify that I am/we are the legal owner(s) of that certain real property (the “Property”) APN _____________________, located at _______________________________ in the City of Delano, County of Kern, State of California.
Check off and complete the following:
⎯ I/We do hereby allow my/our tenant(s), _________________________________ to participate in the Commercial Business Façade Improvement Program to improve their storefront façade.
⎯ I/We do hereby consent to the improvements to the Property contemplated in the Conceptual Drawings attached hereto as Exhibit 1.
⎯ I/We do hereby consent to recordation against the Property of a MEMORANDUM OF LIEN AFFECTING REAL PROPERTY in the Office of the Kern County Recorder.
I/WE DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Executed this ______ day of _________________, 20___, in Delano, California. _________________________________ ___________________________________ Property Owner’s Signature Property Owner’s Signature
_________________________________ ___________________________________ Print Name Print Name
_________________________________ ___________________________________ Property Owner’s Signature Property Owner’s Signature
_________________________________ ___________________________________ Print Name Print Name
ACKNOWLEDGMENT
State of California
County of ___________________________)
On ____________________________ before me, ____________________________________, (insert name and title of officer)
personally appeared ____________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instruction the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________ (Seal)
A notary public completing this certificate
verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
Exhibit 1 to Property Owner’s Certificate of Consent: CONCEPTUAL DRAWINGS Commercial Business Façade Improvement Program
Application
City of Delano
Economic Development Department
1015 Eleventh Avenue
P.O. Box 3010
Delano, CA 93216-3010
Commercial Business Façade Improvement Program Application 2 | P a g e
Commercial Business Façade Improvement Program (“Program”) Process:
1. Step One: Review Program Guidelines
The Program Guidelines provides an overview of the Commercial Business Façade Improvement Program, including eligibility, evaluation criteria, and other guidelines. This document can be found online at www.cityofdelano.org/465/economic-development.
2. Step Two: Submit Completed Application
Applications must include all the components listed in the Application Checklist on Page 4 of this document. Submit completed application to the Economic Development Department, 1015 Eleventh Avenue, 2
nd Floor, Delano, CA 93215.
The application deadlines is: 4:00 p.m. on Monday, June 30, 2025 Incomplete applications will not be accepted. It is highly recommended that you work closely with Economic Development staff to ensure your application is complete before the deadline.
3. Step Three: Committee Review
A committee consisting of city staff from Economic Development, Engineering, Planning Division, and City Manager will review the application. The Committee may:
- Approve;
- Disapprove;
- Request an application meeting to discuss your application before a decision is rendered; or
- Approve with conditions. If approved with conditions the Committee may request that the grantee, make specific changes to the proposed improvements.
4. Step Four: Loan Awarded
An award granting the loan, along with a final Scope of Work, is issued by the Economic Development Department. Upon the issuance of this award, Once the loan is awarded, the Applicant must sign and fully execute (1) a Commercial Business Façade Improvement Program Agreement and (2) a Memorandum of Lien Affecting Real Property and shall provide a W-9 form including the federal identification number or social security number(s) for the corporation, partnership, or sole proprietorship.
Commercial Business Façade Improvement Program Application 3 | P a g e
5. Step Five: Secure Planning and Building Permits
All necessary planning, building, encroachment, and other permits must be secured before construction is initiated. Permits can be obtained from the City of Delano Community Development Department on the 2nd floor at City Hall (1015 Eleventh Avenue).
6. Step Six: Complete Work and Submit for Reimbursement Carry out the work set forth in the final Scope of Work and file for reimbursement at the conclusion of the project. Proof of payment, invoices, and lien releases are required for reimbursement. All permits must have completed final inspections prior to reimbursement.
Commercial Business Façade Improvement Program Application 4 | P a g e
APPLICATION CHECKLIST
The application must include the following components.
❑ Completed Project Information and Signature Page
Must include property owner signature, if the applicant is not also the owner. A hard copy of all signatures is required. (Page 5 of this application).
❑ Scope of Work
A complete scope of work for the proposed improvements. The scope of work must include:
• An itemized list of all proposed improvements.
• A description of all proposed improvements.
o Must include colors and/or material choices.
• Estimated cost for each proposed improvement.
Please use the Scope of Work Template included on page 6 of this application. See page 7 page for an example of scope of work.
❑ Vendor Estimate
A written estimate from a vendor for the work to be completed. If the applicant plans to complete the work themselves, then a written estimate of material costs. ❑ Graphic representation of proposed changes
This should illustrate the proposed façade improvement. Acceptable formats include conceptual sketch, schematic drawings, photo representation, and/or graphic mock-up. ❑ Samples of proposed materials (if needed)
This may include samples or photographs of materials or fixtures to be used in the façade improvements.
Submit completed applications in person to:
Economic Development Department
City of Delano
1015 Eleventh Avenue
2 nd Floor
Delano, CA 93215
Commercial Business Façade Improvement Program Application 5 | P a g e
PROJECT INFORMATION AND SIGNATURE PAGE
Check one: ❑ Owner ❑ Tenant
If tenant, please provide copy of lease agreement for eligibility verification.
Applicant Information Loan Information
_________________________ _________________________
Name Requested Loan Amount
_________________________ _________________________
Business Name Façade Loan Property Address
_________________________ _________________________
Mailing Address City, State, and Zip Code
_________________________
City, State, and Zip Code
_________________________
Email
_________________________
Business Phone
_________________________
Mobile Phone
Applicant and Property Owner Signatures
__________________________________ _________________________________ Print Applicant Name Date Print Property Owner Name Date (if applicant is not also owner)
__________________________________ _________________________________ Applicant Signature Date Property Owner Signature Date
(if applicant is not also owner)
Commercial Business Façade Improvement Program Application 6 | P a g e
SCOPE OF WORK TEMPLATE
Façade Loan Property Address:
Business or Property Owner Name:
Business Name (if applicable):
Improvement Description Estimated Cost
TOTAL
Questions?
Contact Miguel Angel Fernandez, Economic Development Specialist at 661-720-2249 or [email protected]
Commercial Business Façade Improvement Program Application 7 | P a g e
EXAMPLE OF SCOPE OF WORK
Façade Loan Property Address: 1234 Any Street, Delano, CA 93215 Business or Property Owner Name: ABC Restaurant
Business Name (if applicable): John Smith
Improvement Description Estimated Cost
Paint exterior of
building
Body: 2 coats Benjamin Moore Ultra Spec
EXT Flat #447. Applied at a DFT of 1.5
mils. Color: Kingsport Gray HC-86
Trim: 2 coats Benjamin Moore Ultra Spec
EXT Floss #449. Applied at a DFT of 1.5
mils. Color: Big Bend Beigh AC-37
Accent: Modern Masters Gold Rush ME 658
$5,000
Replace fabric on
existing awning
Sunbrella Marine Blue #4678 $3,000
Blade Sign Add new blade sign (note – application
should also include drawings showing design
and placement of sign)
$500
Light Fixtures Add new exterior light fixtures (note –
application may also include photos of
selected light fixtures, or those similar to
what might be selected)
$1,500
TOTAL $10,000
Questions?
Contact Miguel Angel Fernandez, Economic Development Specialist at 661-720-2249 or [email protected]
CITY OF DELANO
STAFF REPORT
September 16, 2024
Agenda Item: 9
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Sumeet Batth-Chavez, Recreation Manager
SUBJECT: Staff is requesting direction from the City Council on location of the City of Delano’s senior center
Discussion
Staff is requesting direction from the City Council on deciding the location of the senior center. The senior center is currently located at the Jefferson Center. There had been interest in keeping the senior center open for extended hours, past the 1 p.m. closing time.
Since the Jefferson Center is also utilized as a rental facility during afternoon/evenings and weekends, a new location was suggested. To provide extended hours of operation, the senior center would be relocated to the Ellington Center.
In preparation for the relocation, the Ellington Center space was recently remodeled. The remodel included: new tile flooring, removal and replacement of the cabinets and countertop, new ceiling tiles, new blinds and painting of the interior space.
Recommendation
Staff is recommending for City Council to consider the following three options:
1) Relocate the seniors to the Ellington Center to allow for extended hours. 2) Allow the senior center to remain at the Jefferson Center and no longer allow facility rentals.
3) Allow the senior center to remain at the Jefferson Center and resume/continue facility rentals to the public.
CITY OF DELANO
STAFF REPORT
September 16, 2024
Agenda Item: 10
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, Interim Community Development Director SUBJECT: Request of sponsorship of the 2024 Philippine Weekend not to exceed the amount of $10,000
Recommendation
Staff is presenting for City Council’s consideration, a request for sponsorship from the Philippine Weekend Committee not to exceed the amount of for $10,000 for the 2024 Philippine Weekend Event.
Discussion
The Philippine Weekend event will be held from Friday, October 18, 2024, to Sunday, October 20, 2024. The festivities will also include a celebration of the 50th Anniversary of the Agbayani Village. The weekend event is scheduled to take place at the National Cesar Chavez Center’s 40 Acres and Agbayani Village. Thus, the Philippine Weekend Committee will be requesting assistance with the weekend event as follows:
1. Temporary Outdoor Event Permit fees
2. Special Event Permit and Parade fees
3. Cost of use for the Ellington Community Center
4. Cost of use for 11th Avenue Community
5. Recreation Department (staff time including overtime)
6. Delano Police Department (staff time including overtime)
7. Public Works Department (staff time including overtime)
8. Administration Staff Time
9. Processing Fees
The final cost of the sponsorship has not been finalized. The sponsorship will consist of a combination of in-kind donations and/or cost reimbursement, which will be approved by city staff and not exceed the amount of $10,000. The Philippine Weekend Committee will also submit the necessary insurance information and certificates for facility usage and permits.
Budget Impact
The sponsorship cost will be charged to City’s co-sponsorship account 01-5307-105.
Attachment(s)
Letter of request
September 16, 2024
Philippine Weekend, Inc.
P.O. Box 1981
Bakersfield, CA 93302
Delano Mayor, City Council, City Manager, City Clerk, City Officials City of Delano
1015 11th Avenue
Delano, CA 93215
Dear Honorable Mayor, City Council, City Manager, City Clerk, City Officials, The Philippine Weekend Committee is reaching out to you in hopes of your support to help revive and revitalize our Philippine Weekend Festival. We humbly seek your approval, and at the discretion of the City Manager, a $10,000.00 sponsorship in the form of either financial assistance and/or in-kind donation towards permitting and licensing.
Delano is home to a large, proud Filipino community, a community that has contributed so much to the history and identity of Delano. From that community was born Philippine Weekend, a tradition dating back to 1974, bringing us all together to celebrate and preserve the culture and heritage of the Philippines. What started as a simple basketball tournament organized by local Filipino high school and college students, grew to more than ten Filipino cultural events, culminating with a large Barrio Fiesta, attracting thousands of people to Delano every year.
It has been an honor to provide Philippine Weekend to the Community of Delano since that first event held 50 years ago. However, we have recently been met with some challenges and struggles. Our last festival was held in July 2019, and then, like so many other organizations and businesses, we were severely affected by the pandemic. It was heartbreaking when we had to announce in the summer of 2020, that for the first time in 45 years, there would be no Philippine Weekend.
The following year (2021) with the pandemic still looming today, we decided to postpone our event until we felt it safe to resume. The health and safety of the public were, and continue to be, our utmost priority. Unfortunately, these postponements began to hinder us financially. With no festival, we have had no means of generating income through our fundraising operations. None of our leadership or committee members got paid.
Philippine Weekend, Inc. is a 501(c)3 non-profit organization, and we are dependent entirely upon the work of our volunteers and the generous sponsorships of our local businesses. During that time, while there were no expenses related to coordination of the festival, we continued to incur numerous administrative expenses. These include monthly storage fees for our supplies and equipment, scholarships to those who were selected, postage fees to maintain our P.O. Box, and other various filing fees to keep our 501(c) 3 status in good standing. As you can understand, with no income yet continued expenses, our accounts were slowly being exhausted.
In 2022, we were optimistic that we could finally bring our festival back with what we still had in our accounts. However, Philippine Weekend fell victim to both embezzlement and fraud. To add insult to injury, the perpetrator was a trusted member of our organization and the community at large. This betrayal not only drained our accounts (checking and savingsscholarship), but also resulted in Philippine Weekend being held liable for additional fraud and theft perpetrated by said individual. Overall, the loss due to theft amounted to around $20,000. Since then, members of our organization (more pertinent to Jay Tamsi and Christine San Yahya) have had to pay thousands of dollars out of their own personal pockets to satisfy debts because of the fraud and to cover the continuing administrative expenses necessary to keep Philippine Weekend, Inc. as a non-profit in good standing.
We have been working diligently with law enforcement and the district attorney’s office to recoup these losses and hold the perpetrator accountable for over two years. We are disheartened by the felony crimes that were committed against our Philippine Weekend Organization, but even more so by the crimes committed against the Community of Delano. Indeed, money was stolen, but more than that, opportunity was stolen. And if you go further, the perpetrator who by the Delano Police Department Investigation Bureau has the perpetrator on film and recorded to the guilty testimony, admitting to the two counts - guilty of fraud and embezzlement charges, and is now roaming the streets of the City of Delano and Kern County, out on BAIL living comfortably.
The opportunity to share the beauty of the Philippine Weekend experience in our hometown was stolen. The opportunity to continue the tradition of providing cultural education to our local youth and teach them about the rich art and history of the Philippines was stolen. The opportunity for our community to make memories and partake in our unique and longstanding tradition was stolen. The opportunity for the City of Delano to welcome visitors from all over this great state and share its economic development achievements was stolen.
This is what motivates us to come before the Delano City Council. It is our goal to move forward from these setbacks and to restore to the community those stolen opportunities.
This year will mark our 46th Annual Philippine Weekend, and our theme is “Babalik Tayo (translated in Tagalog)…We are Back”, a fitting theme for our dedication and diligence. As a testament to the strength and resilience of the Filipino people, we are determined to bring Philippine Weekend back. Additionally, we are partnering this year with the National Cesar Chavez Center in celebrating the 50th Anniversary of the Agbayani Village, a historic and revered Delano landmark.
As we enter this phase of renewal and rebuilding, it is our hope that our efforts combined with financial/in-kind support from the City of Delano will help revive our festival and allow us to recreate a solid foundation that will sustain Philippine Weekend for years to come.
We feel this will be a worthwhile investment for the City of Delano, as our festival not only serves to preserve and share our Filipino culture, but it also promotes the value in diversity, equity, and inclusion casting a positive light on the City of Delano. This is a value that in many ways defines Delano, known for being “An International Community Working Together.”
Philippine Weekend has direct benefits to the City of Delano including, but not limited to:
• Provides several cultural centered events promoting diversity within our community • Instills in our youth the values of tradition, diversity, and community pride • Provides scholarships to our local youth
• Highlights the Filipino community, a population that has contributed greatly to Delano’s history and identity
• Promotes awareness and positive image of the City of Delano as a whole, highlighting its growth, economic development, and a sense of community spirit • Positive impact on local economy--brings increased revenues and foot traffic to local businesses such as hotels, restaurants, gas stations, and retail stores. • Increased revenue for local business equates to increased sales tax revenue for the City of Delano and our County of Kern, revenue that can be re-invested into the community.
It takes our organization an estimated $50,000 plus to host the Philippine Weekend Festival (only the festival not events leading up to the PW). A $10,000.00 donation or sponsorship from the City of Delano would help us offset the various municipal costs related to hosting such a widely attended event.
These costs include:
• Special Events Permits (Barrio Fiesta and Parade)
• Business License Fees
• Recreational and Facilities Fees
• Fees related to additional public works services (police barricades for parade, gym operations, additional refuse services and the list goes on) • Other various permit fees to remain in compliance with county health and fire codes.
Thank you for your time. We appreciate your consideration of this request and support and are eager to bring back this year’s Philippine Weekend Festivities, October 18-20, 2024, in the second largest city in Kern County, Delano.
Should you have any questions, please feel free to call Jay Tamsi, 661-231-5623 or via email [email protected].
Salamat Po at Mabuhay and Thank You,
Jay Tamsi, Chairman
Christine San Juan Yahya, Treasurer
Nikka Cabello, Co-Chair
2024 Philippine Weekend Committee
Philippine Weekend, Inc.