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HomeMy WebLinkAbout2025-054 Grant - Le Petit Cafe & Creperie CITY OF ASHLAND GRANT AGREEMENT CITY: CITY OF ASHLAND GRANTEE: Le Petit Cafd&Creperie 20 E Main Street Ashland,OR 97520 Address: 10 Water Street PHONE: (541)488-6002 Ashland OR 97520 FAX: (541)488-5311 Telephone: 530-559-6868 Term of this Grant Agreement: Ten years.from date of agreement signature Grant funds awarded: $20,000 to be spent on renovations including landscape, electric,paint, Awning, and construction as indicated in the application. This Grant Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Le Petit Cafd& Creperie ("hereinafter"Grantee"). City and Grantee hereby agree as follows: 1. Nature of Grant. Subject to the terms and conditions of this Agreement and in reliance upon Grantee's approved grant`application;the City agrees to provide grant funds to Grantee in the amount specified above. Grant funds shall be utilized or contractually committed in the fiscal year for which they were awarded. a. The Grantee shall maintain the renovated and rehabilitated property in good condition for a minimum of ten years following the completion of the Project, ensuring its continued contribution to the revitalization of the community. 2. Qualified Work. Grantee has represented, and by entering into this Agreement now represents, that any personnel assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and,if required to be registered, licensed or bonded by the State of Oregon,are so registered,licensed and bonded. Grantee shall also maintain a current City business license. 3. Use of Grant Funds. The Grantor has actively solicited grant applications for the purpose of promoting private investment in the revitalization and refurbishment of pre-existing properties within the City of Ashland, encompassing both lodging and commercial establishments. (the "Program") This Program is designed to offer financial support by matching fifty percent(50%) of the grant to non-residential property owners. The funds are intended for enhancing the visual appeal of their current buildings and site amenities visible from the street. PAGE I OF 4: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND LE PETIT CAFE& CREPERIE 4. Acknowledgment. Grantee agrees to acknowledge the City as a funding source in all of Grantee's printed and electronic notices and advertisements relating to the use of these grant funds (example "This program is partially funded through the use of Ashland lodging tax revenues"). S. Report Deadlines. Grantee agrees to submit a written report to the City on the use of the grant funds within sixty (60) days following the expenditure. 6. Unexpended Grant Funds. Any grant funds not expended within six (6) months of the date of Grantee's receipt of the grant funds shall be immediately returned to the City. Extensions may be granted in exceptional circumstances upon written request and approval. 7. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the purpose for which the grant funds were awarded. Such records shall be kept in accordance with generally accepted accounting principles. Grantee gives the City and any authorized representative of the City access to and the right to examine all books,records, papers, or documents relating to the use of the grant funds. 8. Living Wage Requirements. None 9. Non-Discrimination. Grantee agrees that no person shall, on the grounds of race, color,religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Grantee. Grantee further agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. 10. Termination. a. Mutual Consent. This Agreement may be terminated at any time by the mutual written consent of both parties. b. City's Convenience. This Agreement may be terminated at any time by City upon not less than thirty (30) days' written notice delivered by certified U. S. mail or in person. C. For Cause. City may terminate this Agreement, in whole or in part, effective upon delivery of written notice to Grantee under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the grant; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the grant purposes are no longer allowable or appropriate for award under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Grantee to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. PAGE 2 OF 4: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND LE PETIT CAFE& CREPERIE 11. Default, If Grantee fails to perform or observe any of the covenants or provisions contained in this Agreement or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds during the term of this Agreement, the City, by written notice of default to the Grantee, may terminate this Agreement and may pursue any remedies available to the City at law or in equity. Such remedies may include,but are not limited to,termination of this Agreement, the stopping of payment on or return of the grant fiends,payment of interest earned on grant funds or declaration of ineligibility for the receipt of future grant awards. In the event of termination, City may stop payment or withhold any Grant funds in City's possession from Grantee and Grantee shall immediately return all unexpended and unencumbered grant funds. In addition, City shall be entitled to recover any administrative costs, including attorney fees or collection costs if encumbered as a result of Grantee's failure to return Grant funds. In the event of termination, if Grant funds are not returned or it is found that Grant funds were misappropriated, Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are finally adjudicated and settled. The rights and remedies of this section are not exclusive and are in addition to any other rights and remedies available to the City under the law. GENERAL AND SPECIAL TERMS. 12. Amendments. The terms of this Agreement will not be waived,altered,modified, supplemented, or amended in any manner except by written instrument signed by the parties. 13. Indemnity. Grantee agrees to defend, indemnify, save, and hold the City, its officers, employees and agents harmless from any and all losses, claims,actions, costs, expenses,judgments, subrogation, or other damages of any nature whatsoever resulting from or arising out of the performance of this Agreement by Grantee(including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services attendant to this Agreement). However, Grantee shall not be held responsible for damages caused by the negligence of the City, its officers and employees. 14. Liability Insurance, None Required for the purposes of this grant. 15. Workers' Compensation Insurance. None Required for the purposes of this grant. 16. Assignment. Grantee shall not assign this Agreement nor subcontract any portion of any work to be performed hereunder without the written consent of the City. Any attempted assignment or subcontract without the written consent of City shall be null and void. 17. Non-appropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Grantee understands and agrees that City's payment of amounts under this Agreement attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City,effective upon PAGE 3 OF 4: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND LE PETIT CAFE& CREPERIE the delivery of written notice to Grantee, with no further liability to Grantee. 18. Special Terms and Conditions. None 19. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon, Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 20. Merger. THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS,AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED IN THIS AGREEMENT REGARDING THIS AGREEMENT. GRANTEE,BY THE SIGNATURE BELOW OF ITS // AUTHORIZED REPRESENTATIVE,ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. GRANTEE: CITY OF ASHLAND: By: e L'L'G t By. Printed Name: k � Printed Name: Sabrina Cotta Title: G Title: City Manager Date: / /-)--s Date: 1/23/2025 PAGE 4 OF 4: GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND LE PETIT CAFt& CREPERIE