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AGR-6988.59 - VILLA PARK CATERING DBA THE VILLA - SMALL BUSINESS RELIEF GRANT; COVID-19 PANDEMICf r; 9g 5 CITY OF ORANGE SMALL BUSINESS ASSISTANCE PROGRAM BUSINESS RELIEF GRANT AGREEMENT This SMALL BUSINESS ASSISTANCE PROGRAM BUSINESS RELIEF GRANT AGREEMENT ("Grant Agreement") is made and entered into as of the r day of 2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corpor tion City"), and VILLA PARK CATERING, doing business as THE VILLA ("Recipient"), a California corporation with reference to the following: RECITALS WHEREAS, the novel coronavirus (COVID-19) has become a world-wide pandemic, in which the federal, state, county and city governments, including the City of Orange, have all declared a state of emergency; and WHEREAS, the efforts to minimize the spread of COVID-19 have, among other things, created for many Orange businesses the loss of income as a result of a significant reduction of hours and operations,hindering the ability to keep up with payrolls,rents,mortgages,utility bills, business operations and other related expenses; and WHEREAS, the City has determined that encouraging and promoting stability among commercial businesses and their employees is conducive to the public health and welfare of the City; and WHEREAS,the Coronavirus Aid,Relief,and Economic Security Act has made available to the City, funds to be used for certain specific purposes related to small businesses; and WHEREAS, the City wishes to grant to Recipient, and Recipient wishes to receive said grant funds. NOW, THEREFORE, both the City and Recipient, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows: AGREEMENT 1. Purpose of Grant. This Small Business Assistance Program Business Relief Grant GranY') is awarded by the City to Recipient for the sole purpose of providing relief during the economic emergency caused by the COVID-19 pandemic. 2. Total Amount of Grant. The Grant awarded to Recipient shall be in the amount of TWENTY FNE THOUSAND DOLLARS and 00/100($25,000.00),payable in one lump sum, and subject to the terms and conditions contained herein. 3. Recinient Obligations. A. Recipient acknowledges the certifications and promises contained in the Small Business Assistance Program Participant Certification, attached as Exhibit "A" and incorporated herein, and agrees to abide by them during the term of this Grant Agreement. B. Recipient shall remain in business not less than ninety(90)days after receipt of the Grant. C. Recipient shall submit to the City the Certification of Compliance letter that is attached hereto as Exhibit"B"and provide any additional documentation requested by the City. City shall review said records for compliance with the terms and conditions of this Grant Agreement. 4. Review of Compliance Documentation by City. After review of the Certification of Compliance letter and any other documentation submitted by Recipient, City will either: A. Approve said records,in which case Recipient will not incur any obligation to repay the Grant and this Grant Agreement will terminate; or B. Disapprove said records, in which case Recipient will be obligated to repay to City those amounts determined by City to have been not used for the intended purpose of this Grant Agreement. 5. Repavment of Grant. If Recipient is required to repay all or part of the Grant, said repayment to City shall be made according to a schedule as determined by the City. 6. Governin Law and Venue. This Grant Agreement shall be construed in accordance with and governed by the laws of the State of California and Recipient agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Grant Agreement shall be in Orange County, California. 7. Integration. This Grant Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the duties and obligations of each party under this Grant Agreement shall be of any force or effect unless it is in writing and signed by both parties. 8. Notice. Except as otherwise provided herein, all notices required under this Grant Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission. 2 RECIPIENT" CITY" Villa Park Catering City of Orange 510 E. Katella Avenue 300 E. Chapman Avenue Orange, CA 92867 Orange, CA 92866-1591 Attn.: Timothy Zimprich Attn:: Aaron Schulze Telephone: (714) 637-6271 Telephone: (714) 744-2202 E-Mail: timothy@villaparkcatering.com E-Mail: aschulzer7a,cit oY foran 9. Caunternarts. This Grant Agreement may be executed in one or more counterparts, each of wluch shall be deemed an original,but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signaiures. IN WITNESS of this Grant Agreement,the parties have entered into this Grant Agreement as of the year and day first above written. RECIPIENT" CITY" VILLA PARK CATERING, CITY OF ORANGE,a municipal corporation a California Corporation By: B Y Prin ame: Ti im rich Ri tto, City Manager Title: Owner APPROVED AS TO FORM: Mary E. Bi 'ng Senior Assistant City Attorne 3 EXHIBIT "A" CITY OF ORANGE SMALL BUSINESS ASSISTANCE PROGRAM BUSINESS RELIEF GRANT PARTICIPANT CERTIFICATION Beneath this sheet] 4 Yahoo Mail-Re:Personal Tax Refund 6/9/20,4:18 PM BUSiN SS';INFORMATION . ,; '; y '. hlame or Business 1 Villa F ark Catering!71 e Ulla Type ai Business(e.g.,LLC,corporatan,sole proprieiarshipf B QId@t ROOtCf Ad ress of Busin s 510 e.ka[eEla Business Emp yer ldeMificailw Number(E[N) Years in Bu iness 33-0189226 38 ti ul Empfoyees ol Empuyees hSeei g Law M)Incane C'siy Business Lioense IVum6er Requfrement Sls k w_w.,,. rt owr ER . INFQRMA'flON OWNER CO-OWNER . . , . i :;: ` , NamQ Namo Timoth} j Zimorich Social5ecurity Number Cantact Phorse Carea code)Soaal Securiry N cmber Contact Phone(area codo) 553-25-96t 7 714-637-6271 Present Address{sueet.aty.stale,zip) Present Addrass(sircet,city,state,zip) 2088 n.shaffer. orange. catif 92865 Email Address Email Address ti mothy vifEaparkcatering.cc m BUSiNESS INCQME INFORMA'iON 2019 MCOME ,.. ; - .,. 2020,INCOME(USE THE_SAM,E MONTH$.AS-201S), ,,. -.-. Month#1;.Gross Sales i R,:^ Month#1 Gross Sales Soo.00, Month of ,ri 2o1s Month of r!7 t} Month#2 Gross Sales c,a q Month#2 Gross Sales op_a Month of ayZ g Monih of y?p Please provide a brief explanation of the arlverse economic effects COVID-19 f as had on your business: banquet business,have not been ahle to open,tiecause o covid-t s, REOUIRED DOCUMENTS—SEE DOCUMENT CHECKUST FOR DOCUMENTS ACCEPTED FOR VERIFlCATION 1.Revenue statements for 2 months in 2020 verifying 25%less revenue than the same months in 2019 2.Revenue statements for the same rivo months in 2019 3. Annual revenue statement for 2019 4. Payrolt reports documerrting the number of employees https://mail.yahoo.com/d/folders/331messages/31388?.src=fp Page 2 of 2 Jun 25 20,02:21 p P• Small Business Assistance Program Applic tion Y".. ...., r ,...5..'_•.......-.,,,.,nr_. .. : n'. _'^.... r.•-•e.:::: i::,;"_....,•.ry':F""..' .. "'F":-..'--n'r,ir i F f OW.D iMk`NTANQ ER IFICAT1bN•_ :`" ' s:` Acknowledgement; 11We understand that this grant is being provided by the City af Orange based solely up n ihe information that Ilwe have provided in this application. UWe also certify that there are no outstanding tax liens or legal Judgements against the business. Cert'rficaGon: INVe certify that the Information provided in this application is Irue end complete ta the best of mylour knowledge as vf the date set forth opposite my/our signature(s) in this application and acknowledge my/our u derstanding that any inten onal or negtigent misrepreserrtatlon(s)of the information contained in thls application may result in clvll liability and/or criminal penalties. By signing below, Ilwe certify that the above statements are tn e and correct to the best of mylour knowledge. 11We understand that a false statement may disquaGty melus from benefits. O er Signetur Oete Co dvner 319natire Dab z Jun 25 20,02:21 p P.2 City of Orange Small Business Assistance Program Owner Particfpant CertificaU n BusEness Name a' j r`li Business Address In order to participate in the Clty of Qrange Small Business Assistance Program ("Program") and receive a grant, the City of Orange ("City' requires that you ("Recipient") and your staff, if applicable, certify the foHowing: You own a small business that employs between 1 and 50 employees. Your business is legally operating during the COVID-19 crisis. Your business has been in opera on in Orange for at least one year. Your business has experienaed a revenue decrease of at least 25°10 compared to 2019, because of the impact of COVID-19. Your business is not a frenchise and is not a chain of four or more Iocations. You commlt to continue operating for a minimum of three months aite receipt of t e grant funds. Notwithstanding any o4her rights of the City under other Secfior s of this Certificetion or applicable law, if the Recipient vlolates any of the terms, covenants or provisfans of the Certification, or if any representation or warranty made by the Reapient in this Cefif'cation or in any document or application submitted in connect on with this Certificatian or the Program shalt prove false or misleading. or if, in the sole judgment of the City, the conduct of the Reapient is such that the interests of lhe City have been or are likely tp be impaired or prejudiced, the City sha l thareupon heve the right to term nate any grant or withhold payments due under the Program andtor demand . and obtein the return of payments already made which are equal to the damages the City rnay have already suffe ed due to a breach by the Reciptent.Any such action by the Ci1y shall not give rise to any cause of actian far damages against the Cfty. 3 Jun 25 20,02:21 p P.3 ceRn icAnon+s 1) I certify that my business has been in operation for at least one year. 2) I ceRify that l currentiy employ a total of employees. 3) I oerfify that as a result of COVID-19, my business experienced at least a 25% decrease in revenue for two oonsecutive months after January 1 st, 2020,oompared to the average revenue fo the same two-rnonth period in calendar year 2019(or average mo thly revenue based on total 2019 sales). 4) I certiiy that my business is continuing ta operete during the COVID-19 crisis. 5) I certify that my business will continue to operate for a three-month period commencing on the date af receiving the grant funds. 6) I cert'rfy that my husiness will comply with all laws and rules applicable to the program, includfng City, state and federal laws. 7) I certify that I have not misrepresented the eligibility of my business for the Program. By signing below, I certify that the above statements are true and oorrect to the best of my knowfedge and belief. I understand that wilfful or fraudulent submission of a materially false statement in connection with this c rtification may disqualify my business from eligibil ity fo the Program benefits and may subject my business or rnysetf to criminal charges. This certification shall be deemed executed in the City of Orange and State of Califomia and shall be govemed and canstrued in accordance with the laws of the State of California and the aws of the United States. CY G UC/ usiness Si ure)Date) Buslness Owner Signature}Oate) 4 EXHIBIT "B" CERTIFICATION OF COMPLIANCE Beneath this sheet] 5 Date: Lisa Tamburelli City of Orange 230 E. Chapman Ave. Orange, California 92866 Re: Certification of Compliance Pursuant to City of Orange Small Business Assistance Program Business Relief Grant Agreement Dear Ms. Tamburelli, This Certification is submitted to the City of Orange in accordance with the Small Business Assistance Program Business Relief Grant Agreement ("Agreement"), and constitutes the Final Compliance Report. The undersigned authorized representative of Villa Park Catering, doing business as The Villa, hereby certifies each of the following statements: 1.The 90-day compliance period for this Agreement began on July 7, 2020, and ended on October 7, 2020. 2. During the compliance period, the business continued to operate legally. 3. Grant funds were used in accordance with the Small Business Assistance Program. DATED: By: Title: