CITY OF PLACENTIA
FAQADE IMPROVEMENT GRANT AGREEMENT
THIS AGREEMENT (herein "Agreement"), entered into this 5th day of September, 2023 between the City of Placentia, Ca (hereinafter referred to as "CITY") and the following designated OWNERE, to witness:
Owner Name:
Name of Business:
Business Tax ID#/Social
Security#:
Address of Property to be 101 W Santa Fe Avenue, Placentia, CA 92870 improved:
The parties hereto agree as follows:
WITNESSETH:
WHEREAS, the City of Placentia has established a Facade Improvement Program for application within the Old Town Placentia District ("District"); and WHEREAS, said Facade Improvement Program is administered by the CITY with the advice of the City Council and is funded by the Community Development Block Grant Funds (CDBG) under the U.S. Department of Housing and Urban Development for the purposes of controlling and preventing blight and deterioration within the District; and
WHEREAS, pursuant to the Facade Improvement Program, the CITY has agreed to participate, subject to its sole discretion in reimbursing owners/lessees/contractor for the cost of eligible exterior improvements to commercial establishments; and WHEREAS, the OWNER's property is located within the District, and the Owner/Lessee desires to participate in the Facade Improvement Program pursuant to the terms and provisions of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and agreements obtained herein, the CITY and the OWNER do hereby agree as follows:
Facade Improvement Grant Agreement Page 1 of 5
SECTION 1
With respect to the facade improvements to the structural elevation fronting a public roadway and related improvements, the actual total reimbursement amounts per this Agreement shall not exceed ($ ) for facade
improvements. The CITY shall reimburse the OWNER for the cost of improvements costs up to a maximum amount of ($ ) for. The improvement costs, which are eligible for CITY reimbursement, include all labor, materials, equipment, and other contract items necessary for the proper execution of the work as shown on the plans, design drawings, specifications, and estimates approved by the CITY. Such plans, design drawings, specifications, and estimates are attached hereto as Exhibit A.
SECTION 2
No improvement work shall be undertaken until its design has been submitted to and approved by the CITY. Following approval, the OWNER shall contract for the work and shall commence and complete all such work within one hundred eighty days (180) from the date of such approval. The OWNER may request a ninety -day (90) extension provided there is a demonstrated hardship.
SECTION 3
The CITY shall periodically review the progress of the contractor's work on the facade improvements pursuant to the Agreement. Such inspections shall not replace any required permit inspection by the Building Inspector. All work which is not in conformance with the approved plans, design drawings, and specifications shall be immediately remedied by the OWNER and deficient or improper work shall be replaced and made to comply with the approved plans, design drawings, and specifications and the terms of this Agreement.
SECTION 4
Upon review of the completed improvements and upon their inspection and approval by the CITY, the OWNER shall submit to the CITY a properly executed and notarized contractor statement showing the full cost of the work as well as each separate component amount due to the contractor and each and every subcontractor involved in furnishing labor, materials, or equipment necessary to complete the facade improvement related work. The CITY shall make periodic reimbursement payments to the OWNER in accordance with the percentage complete of the Improvements up to the awarded grant amount. In The CITY shall, within thirty (30) days of receipt of the contractor's statement issue a check to the OWNER as reimbursement in the total grant amount stated in SECTION 1 of this Agreement.
SECTION 5
If the OWNER or the OWNER CONTRACTOR fails to complete the improvement work provided for herein in conformity with the approved plans, design drawings, and specifications and the terms of this Agreement, then upon written notice being given by the CITY to the OWNERby certified mail to the address listed above, this Agreement Facade Improvement Grant Agreement Page 2 of 5
shall terminate and the financial obligation on the part of the CITY shall cease and become null and void.
SECTION 6
This Agreement shall be binding upon the CITY and upon the OWNER/LESSEE and its successors, to said property for a period of ten (10) years from and after the date of completion and approval of the facade improvements provided herein unless otherwise agreed upon by the parties in writing. It shall be the responsibility of the OWNER/LESSEE to inform subsequent OWNER(S)/LESSEE(S) of the provisions of this Agreement.
SECTION 7
The OWNER/LESSEE agrees to maintain the improvements at his/her sole expense for a period of ten (10) years unless otherwise agreed upon by the parties in writing. The OWNER/LESSEE shall not enter into any agreement or contract or take any other steps to alter, change or remove the approved improvements, nor shall the Owner/Lessee undertake any other changes, by contract or otherwise to the improvements provided for in this Agreement unless any changes are first submitted to t the City Administrator/and or his designee, and any additional review body designated by the City Administrator, for approval. Approval of such changes or modifications shall not be unreasonably withheld.
In the event that the OWNER fails to maintain the improvements, the CITY may issue a thirty -day (30) written notice to the OWNER to correct any maintenance deficiencies. If the OWNER/ fails to correct the stated deficiencies within thirty (30) days of the notice, the City may cause any maintenance or repair work to be performed at the OWNER's expense.
SECTION 8
In the event that the OWNER sells or conveys the property prior to the termination date of the Facade Improvement Grant Agreement, the OWNER/ shall declare the existing encumbrance to buyer and buyer must assume the remaining obligation and terms of the original Facade Improvement Grant Agreement.
After ten (10) years of successful maintenance all facade improvements, the OWNER will be relieved of all financial obligations to the CITY.
SECTION 9
No member, official, agent, legal counsel or employee of the CITY shall be personally liable to the Participant, or any successor in interest in the event of any default or breach by the CITY or for any amount which may become due to OWNER/LESSEE or successor or on any obligation under the terms of this Agreement.
SECTION 10
The OWNER releases the CITY from, and covenants and agrees that the CITY shall not be liable for, and covenants and agrees to indemnify and hold harmless the Facade Improvement Grant Agreement Page 3 of 5
CITY and its officials, officers, employees, and agents from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from or in any way connected with directly or indirectly with the facade improvement(s). The OWNER further covenants and agrees to pay for or reimburse the CITY and its officials, officers, employees, and agents for any and all costs, reasonable attorney's fees, liabilities, or expenses incurred in connection with investigating, defending against or otherwise in connection with any such losses, claims, damages, liabilities, or causes of action. The CITY shall have the right to select legal counsel and to approve any settlement in connection with such losses, claims, damages, liabilities, or causes of action. The provisions of this section shall survive the completion of said facade improvement(s).
SECTION 11
Nothing herein is intended to limit, restrict, or prohibit the OWNER/LESSEE from undertaking any other work in or about the subject premises, which is unrelated to the facade improvement provided for in this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the date first appearing above.
PROPERTY OWNER CITY OF PLACENTIA
Damien R. Arrula, City Administrator
Signature Signature
BUSINESS OWNER CONTRACTOR 1
Name: Name:
Signature Signature
Tax
ID#:
Contractors State License#:
Exhibit A
' Contractor's signature is an acknowledgement by Contractor of its understanding and acceptance of the terms of payment under this agreement between the City and the OWNER/LESSEE.
Facade Improvement Grant Agreement Page 4 of 5
Owner/Lessee's Facade Improvement Program Application
Facade Improvement Grant Agreement Page 5 of 5