369 East Campbell AvenueRECORDING REQUESTER BY:
City of Campbell
WHEN RECORDED MAIL TO:
City Clerk
City of Campbell
70 North First Street
Campbell, CA 95008-1423
25472460
Regina Aleomendras
Santa Clara County - Clerk
05/09/2023 02:50 PM
Titles: 1 Pages: 10
Fees: 10.00
0.00
Taxes: 0
Total:
IlI I I JUNI 2 0 _2023 I J
uu
CITY CLERK'S OFFICE
APN: 279-41-014 (Space Above for Recorder's Use Only)
Address: 369 East Campbell Avenue, Campbell CA 95008
NO L&U,1I 111
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE §27383
CITY OF CAMPBELL
PARKLET GRANTAGREEMENT
This Parklet Grant Agreement ("Agreement") is entered into this / day of
2023, by and between the City of Campbell ("City") and KATIE BLOOMS INC, II, a California
S Corporation ("Business"), and Gerard Kehoe and Elizabeth Kehoe, husband and wife, as Joint
Tenants ("Property Owner"), owner of teal property located at 369 East Campbell Avenue,
Campbell CA 95008 (collectively referred to as "Grantees"). City and Grantees may be referred to
individually as a "Party" and collectively, as the "Parties."
WHEREAS, the Campbell City Council ("Council") has approved a Semi -Permanent Parklet
Program for the development of Parklets within the public right-of-way within Downtown
Campbell; and
WHEREAS, on October 4, 2022, the Council authorized the issuance of American Rescue Plan
Act (ARPA) grant funding to Downtown businesses to assist in the construction of Semi -
Permanent Parklets in public right of way (the "Parklet Grant Program"). The Council approved
a total .amount of $400,000 for up to sixteen parklets. For all approved grants, the Council
approved up to $3,000 per parklet for parklet design customizations; and
WHEREAS, the City received a total of nine (9) parklet grant applications; providing for a total
of forty thousand, dollars ($40,000) in grant funding per applicant ("Grant Funds"); and
WHEREAS, the Grantees desire to build and operate a parklet ("Parklet") pursuant to the City's
Semi -Permanent Parklet Program, and where Business is the Lessee of real property adjacent.
to the proposed park.let, commonly known as KATIE BLOOMS INC, 11, a California S
Corporation , and Property Owner owns the real property located at 369 East Campbell Avenue,
Campbell, CA 95008, (the "Property") as depicted along with the Parklet, estimated construction
costs, and contractor requirements on the attached Exhibit A, incorporated herein by this
reference: and
WHEREAS, pursuant to the Parklet Grant Program, the City has agreed to reimburse the
Grantees up to a maximum of forty thousand dollars ($40,000) for construction -related costs to
build a Parklet:
NOW THEREFORE, in consideration of the mutual covenants and agreements obtained herein,
the City and the Grantees do hereby agree as follows:
1. Payment Terms and Use of Funds
The Grant Funds will be distributed to Grantees following completion of construction and final
inspection of the Semi -Permanent Parklet. The City shall issue a check to Grantees within twenty
(20) days of receipt by City of the notarized contractor's statement, proof of payment, and lien
waivers as described in Section 6 below. Payment shall be based on receipts or invoices showing
proof of payment for Eligible Expenses, as defined in Section 2 of this Agreement. Grantees
must accept the terms of this Agreement prior to disbursement of Grant Funds.
2. Eligible Expenses
Grant Funds may only be used to reimburse construction -related costs of the physical Parklet.
With up to $3),000 in Grant Funds eligible to reimburse Parklet design customizations (collectively
"Eligible Expenses"). Eligible Expenses include labor, materials, equipment, or 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 or the Grantees' agreement with the contractor
constructing the Parklet. Eligible Expenses do not include furniture. heaters or other parklet
enhancements.
3. Parklet Improvements
No improvement work to the Parklet shall be undertaken until the complete Parklet Permit
application has been submitted to and approved by the City Engineer as provided for in Campbell
Municipal Code Chapter 1 1.15. The Grantees shall continence and complete all such work within
one hundred eighty days (180) from the date Of Such approval. The Grantees may request a ninety -
day (90) extension provided there is a demonstrated hardship.
4. Inspections
The City may periodically review the progress of the contractor's work on the Parklet. Such
inspections shall not replace any required permit inspection by the Public Works Department or
anv other autllorized City staff or building inspector. All work which is not in conformance with
the approved plans, design drawings, or specifications shall be immediately remedied by the
Grantees. Deficient or improper work shall be replaced by the Grantees and made to comply with
the approved plans, design drawings; and specifications and the terms of this Agreement.
5. No Pledge
This Agreement shall not be interpreted to create any pledge or any commitment by the City to
make any fi►rther grants or contributions to Grantees or any other person or entity for this or any
other project.
6. Reporting and Records
Prior to commencing, construction of the Parklet, Grantees agree to submit the "Contractor
Verification Letter," attached hereto as Exhibit B, signed and dated from the contractor hired to
complete construction of the Parklet. Said letter shall confirm the contractor has met the City's
requirements for construction of the Parklet, including that contractor is bonded, licensed and
insured; has a City of Campbell Business License; has built at least one outdoor parklet; has
attended City's webinar training session on the City's the Semi -Permanent Parklet Program; has
agreed to comply with the State of California's Prevailing Wage law; and has agreed to provide
copies of Certified Payroll Records submitted to the State of California's Department of Industrial
Relations as required by the City for approved parklet construction expenses.
Grantees must deliver 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 subcontractor involved in furnishing labor, materials, or equipment necessary to complete
the Parklet. In addition, the Grantees shall submit to the City proof of payment of the contract
cost pursuant to the contractor's statement and final lien waivers from all contractors and
subcontractors and copies of Certified Payroll records as proof Grantee's contractor has complied
with state prevailing wage law as set forth in California Labor Code sections 1770 through 1785
(https://www.dir.ca.a,ov/public-works/prevailinn wage.htini). The City shall, within twenty (20)
days of receipt of the'contractor's statement, proof of payment, and lien waivers, issue a check to
the Grantees as reimbursement for the actual construction cost, in an amount not to exceed a total
Grant amount of $40,000. The final written report is a publicly accessible document.
Original receipts and invoices must be maintained by Grantees and shall be made available to the
City before payment .is made to reimburse these costs. Grantees agree to maintain adequate
financial records consistent with generally accepted accounting practices, and shall retain such
records for at least five years after the distribution of the Grand Funds.
7. Termination
City may terminate this Agreement upon written notice to Grantees if Grantees or Grantees'
contractor fails to complete the Parklet provided for herein in conformity with the approved plans,
design drawings, and specifications, and the terms of this Agreement. Upon said written notice,
this Agreement shall terminate and the financial obligation on the part of the City shall cease and
become null and void. In the event of term'i-nation_, Grantees shall reimburse the City all grant
funds that have paid to Grantees.
8. Completion
Upon completion of the Parklet pursuant to this Agreement, Grantees shall be responsible for
properly maintaining the Parklet pursuant to the separate Parklet Agreement executed between
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the City, Business, and Property Owner.
9. No Agency
Grantees are solely responsible for the results of its services, compliance with the terms of this
Agreement, and for all activities supported by the grant. Nothing in this Agreement creates a
partnership, agency, joint venture, employment, or any other type of relationship between the
Grantees and the City. The Grantees shall not represent themselves as agents of the City for any
purpose and have no authority to bind the City in any manner whatsoever.
10. No Assignment
Grantees may not assign this Agreement or delegate performance of the terms of this Agreement
or construction of the Parklet under the Semi -Permanent Parklet Program to any other person or
entity without the prior written consent of the City.
11. Indemnity
Grantees shall indemnify, defend, and hold harmless the City of Campbell, its officers, officials,
agents, volunteers, employees, and attorneys from any and all claims, actions, losses, liabilities
and costs (including reasonably incurred attorney's fees) arising out of or connected with, or
alleged to arise out of or in any way are connected to Grantees applying for or accepting the grant,
Grantees expending or applying Grant Funds, or the construction of the Parklet, except for any
claims, actions, losses, liabilities and costs proximately caused by the sole negligence or willful
misconduct of the City of Campbell, its officers, officials, agents, volunteers, employees, or
attorneys. This provision is intended to be the dispositive of all rights of indemnity and
contribution between the parties, and Grantees waive and release any and all rights to indemnity
or contribution from the City of Campbell, in law or equity, arising out of, or connected with any
and all claims, actions, losses, liabilities and costs (including reasonably incurred attorney's fees)
for which Grantees are obligated under this paragraph to provide indemnity or defense to the City
of Campbell, its officers, officials, volunteers, employees or attorneys.
12. Insurance Requirements
The Grantees shall obtain and maintain for the duration of this Agreement the following insurance:
(a) Commercial General Liability insurance in a minimum amount of $2,000,000 limit per
occurrence and $2,000,000 aggregate limit for bodily and personal injury, property damage,
including personal and advertising injury, products and completed operations. Such
insurance shall be endorsed to name City and its officials, officers, employees, agents,
attorneys, and volunteers as additional insureds with respect to liability arising out of work
or operations performed by or on behalf of the Grantees including materials, parts, or
equipment furnished in connection with such work or operations, products and completed
operations, premises owned, occupied or used by the Grantees, or automobiles owned,
leased, hired or borrowed by the Grantees. Grantees shall provide written notice of any
cancellation to the City;
(b) Worker's Compensation as required by the State of California, with Statutory Limits,
4
and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for
bodily injury or disease. The Worker's Compensation policy must be endorsed with a waiver
of subrogation in favor of the City, its officers, officials, employees, attorneys, agents, or
volunteers for all work performed by the Grantees and Grantees' employees;
(c) Grantees shall include Grantees' contractor(s)/subcontractor(s) as additional. insured(s)
under the policies or shall furnish separate certificates and endorsements for each. contractor
and subcontractor. Grantees shall require and verify that all contractors and subcontractors
maintain insurance meeting all the requirements stated herein. Grantees shall ensure that
City, its officials, officers, employees, attorneys, agents, and volunteers are named as
additional insureds on insurance required from its contractor(s)/subcontractor(s);.
(d) Grantees and Grantees' contractor's insurance coverage will be primary and non-
contributory as respects the City, its officials, officers, employees, attorneys, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its officers, officials,
employees, attorneys, agents, or volunteers will be excess of the Grantees and Grantees'
contractor's insurance and will not contribute with it;
(e) The insurance requirements must be met prior .to commencing. any work or activity
related to the Parklet Permit. The Grantees shall present a certificate of insurance along with
all necessary endorsements and Grantees' insurance coverage shall be primary. If Grantees
maintain broader coverage and/or higher limits than the above. minimum coverage limits,
City shall be entitled to the broader coverage and/or higher limits maintained by Grantees.
13. Compliance with Law
Grantees shall become familiar and comply with and cause all its subcontractors and employees,
if any, to become familiar and comply with all applicable federal, state and local laws, ordinances,
codes, regulations.
14. Contact and Notices
All notices, reports, or other correspondences related to this Agreement shall be sent to the
following Addresses:
RTTCTN q.q
KATIE BLOOMS INC, II, a California S
Corporation
369 East Campbell Ave.,
Campbell, CA 95008
5
CITY
City of Campbell
Leslie Parks
Community Development Department
70 N. First Street
Campbell, CA 95008
(408) 866-2192
lesliep@campbellca.gov
PROPERTY OWNER
Gerard Kehoe and Elizabeth Kehoe, husband
and wife, as Joint Tenants
369 East Campbell Avenue
Campbell, CA 95008
15. Joint and Several Liability.
The liability of all persons and entities obligated in any manner under.this Agreement shall be
joint and several.
16. Covenant Running with the Land.
Grantees and City hereby declare their express intent that that the covenants, terms; conditions
and restrictions of this Agreement shall run with the land and shall be binding upon the Property
Owner and Property Owner's heirs, successors, transferees, trustees, executors, administrators,
and assigns, having or acquiring any right, title, or interest in or to all or any part of the real
property. The acceptance .of any deed or other written instrument of conveyance shall constitute
acceptance of the terms, conditions, and restrictions contained herein. Any successor in interest
to Property Owner, including, without limitation, any purchaser, transferee, or lessee of a portion
of the real property, shall be subject to all the duties and obligations imposed hereby.
17. Severability
The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not
render the other provisions unenforceable, invalid, or illegal.
18. Interpretation
Each party acknowledges that they have reviewed this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting _party shall
not be employed in the interpretation of this Agreement.
19. Amendment
This Agreement may be amended or modified only by an express written agreement signed by
both parties hereto and recorded thereafter.
20.. Warranty of Authority
The signatories to this Agreement warrant and represent that each is authorized to execute this
Agreement and that,their respective signatures serve to legally obligate the Parties and their
respective heirs, representatives, agents, successors, and assigns to comply with the provisions of
this Agreement.
F1
21. Counterparts
The Parties may execute this Agreement in two or more counterparts, which shall, in the
aggregate, be deemed an original but all of which, together, shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
herein above set forth.
PROPERTY OWNER
Gerard Kehoe
�4j,tA Ae-4 0-r—
Eli eth Kehoe
CITY OF CAMPBELL,
a municipal Corporation
rian Loventhal
City Manager, City of Campbell
ATTEST:
Andrea Sand &I City Clerk
BUSINESS
By:
Signature
Name:
� �aV7A ag
Print Name
Title: � u
Print Title
[Acknowledgments on following pages]
7 -
STATE OF FLORIDA ))
COUNTY OF MONROE ))
The foregoing instrument was acknowledged before me by means of physical presence, this 21st day of
April 2023 by Gerard Kehoe, who is _ personally known or t/ has produced
CL OLr%W J Ugghx as identification.
Notary Public, State of lori
[notary seal]
Printed Name of Notary
4�PIr�' ALEXANDRAJOHNSON My Commission Expires:
MY COMMISSION # HH 094094
aa•
EXPIRES: February17, 2025
~rR°F F4°�' Bonded Thru NotaryPublicUnderwriters
STATE OF FLORIDA ))
COUNTY OF MONROE ))
The foregoing instrument was acknowledged before me by means of physical presence, this 21st day of
April 2023 by Elizabeth Kehoe, who is _ personally known or L---- has produced
-Dy\wd bt(2Ax as identification.
[notary seal]
ALEXANDRAJOHNSON
tA�m'
MY COMMISSION # HH 094094
�Po EXPIRES: February 17, 2025
Bonded Thn! Notary Public Undenvdters
PA - Ll Q�l
Notary Public, State o F da
1 dY-0
Printed Name of Notary
My Commission Expires:
STATE OF FLORIDA ))
COUNTY OF MONROE ))
The foregoing instrument was acknowledged before me by means of physical presence, this 21st day of
April 2023 by Gerard Kehoe, as President of KATIE BLOOMS INC, I1, a California S Corporation, who is
personally known or L/-<as produced fL- finigj.(`S t I #\Q, as identification.
PJ,,D (z (3\-
Notary Publi , State of on
[notary seal]
tIV1
Printed Name of Notary
ALEXANDRAJOHNSON My Commission Expires:
MY COMMISSION # HH 094094
iFQo EXPIRES: February 17, 2025
°R Fh Bonded Thru Notary Public Undemdters