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HomeMy WebLinkAboutRDA Agenda Packet 022310ARCHIVE COPY CITY CLERK CITY OFATASCADERO COMMUNITY REDEVELOPMENT AGENCY SPECIAL MEETING AGENDA Tuesday, February 23, 2010 CLOSED SESSION 5.00 P M REGULAR SESSION 6:00 P M City Hall Council Chambers 6907 EI Camino Real Atascadero, California CLOSED SESSION- 5.00 P.M. (City Council Closed Session to immediately follow) 1 PUBLIC COMMENT - CLOSED SESSION 2. CALL TO ORDER a. Conference with Legal Counsel - Anticipated Litigation (Govt. Code Sec. 54956 9 (c)) Initiation of Litigation - One Potential Case 3. ADJOURN CLOSED SESSION REPORT REGULAR SESSION 6.00 P M. n 1 ROLL CALL. Chairperson Kelley Vice Chairperson Clay Board Member Beraud Board Member Fonzi Board Member O'Malley APPROVAL OF AGENDA. Roll Call COMMUNITY FORUM (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction Speakers are limited to three minutes. Please state your name and address for the record before making your presentation The Board may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Board ) A. CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City staff and will be approved by one motion if no member of the Agency Board or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Agency Board concerning the item before action is taken DRAFT MINUTES Agency meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the Agency Board If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of this meeting ) 1 Community Redevelopment Agency Draft Special Meeting Minutes - January 12, 2010 ■ Board Secretary Recommendation. Board approve the Community Redevelopment Agency minutes of January 12, 2010 [Board Secretary] 2. Lease Agreement with City of Atascadero ■ Fiscal Impact: The City of Atascadero will tender $31,133 00 each month of the Agreement for a total of $1,058,522.00 over the term of the Lease ■ Recommendation. Board authorize Chairperson to execute the renewed Lease Agreement between the Atascadero Community Redevelopment Agency and the City of Atascadero [Executive Director] B PUBLIC HEARINGS None. 2 19 C MANAGEMENT REPORTS 1 National Historic Register Building - Atascadero Printery Building Update - Mothballing Requirements and Bidding Process ■ Fiscal Impact: Up to $50,000, depending upon Board's action ■ Recommendations. Agency Board 1 Determine if the Agency continues to support the use of Redevelopment Funds for the mothballing of the Historic Atascadero Printery Building, and, 2 If the Board is prepared to proceed with mothballing, direct staff to advertise for bids for the mothballing of the Historic Atascadero Printery Building based on Unique Perspectives 12/31/09 mothballing requirements, and return the bids for Agency authorization to proceed [Community Development] 2. Fiscal Year 2008-2009 Audit ■ Fiscal Impact: None ■ Recommendation. Board review and accept the financial audit for the period ended June 30, 2009 [Executive Director] BOARD ANNOUNCEMENTS AND REPORTS (On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities Board Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Board may take action on items listed on the Agenda.) D ADJOURNMENT TO CITY COUNCIL MEETING n 3 9 cm ITEM NUMBER RAA -1 DATE. 02/23/10 1918 l i F !: F 1079 JCMo;;, CITY OF A TASCADERO COMMUNITY REDEVELOPMENT A GENC Y SPECIAL MEETING DRAFT MINUTES Tuesday, January 12, 2010 CLOSED SESSION 5 00 P M REGULAR SESSION 6.00 P.M iftw City Hall Council Chambers 6907 EI Camino Real Atascadero, California CLOSED SESSION 5.00 P.M. Chairperson Kelley announced that the Agency Board will be going into Closed Session at 5 00 p m 1 PUBLIC COMMENT — CLOSED SESSION None 2. CALL TO ORDER a. Conference with Legal Counsel — Anticipated Litigation (Govt. Code Sec 54956 9 ©) Initiation of Litigation — One Potential Case 3. ADJOURN RDA Draft Minutes 01/12/10 Page 1 of 3 Y ITEM NUMBER RAA -1 DATE 02/23/10 CLOSED SESSION REPORT City Attorney Brian Pierik announced that there was no reportable action taken REGULAR SESSION 6 00 P M Chairperson Kelley called the meeting to order at 6 00 p m ROLL CALL. Present: Board Members Beraud, O'Malley, Fonzi, Vice Chairperson Clay and Chairperson Kelley Others Present: Board Secretary Marcia McClure Torgerson Staff Present: Assistant Executive Director Jim Lewis, Police Chief Jim Mulhall, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Chief Jim Mulhall, and City Attorney Brian Pierik. APPROVAL OF AGENDA. Roll Call MOTION By Board Member Beraud and seconded by Board Member Fonzi to approve the agenda. Motion passed 5.0 by a roll -call vote. COMMUNITY FORUM None A. CONSENT CALENDAR Community Redevelopment Agency of Atascadero 2010 Meetin Schedule ■ Fiscal Impact: None ■ Recommendation. Agency Board approve Community Redevelopment Agency meeting schedule for 2010. [Executive Director] MOTION By Board Member O'Malley and seconded by Vice Chairperson Clay to approve the Consent Calendar Motion passed 5.0 by a roll -call vote. RDA Draft Minutes 01/12/10 Page 2 of 3 R In - on B PUBLIC HEARINGS None. C MANAGEMENT REPORTS None. BOARD ANNOUNCEMENTS AND REPORTS None D ADJOURNMENT TO CITY COUNCIL MEETING Chairperson Kelley adjourned the meeting at 6 06 p m MINUTES PREPARED BY Marcia McClure Torgerson, C M C City Clerk / Board Secretary RDA Draft Minutes 01/12/10 Page 3 of 3 ITEM NUMBER RAA -1 DATE. 02/23/10 1.1 En ITEM NUMBER RA A-2 DATE. 02/23/10 Community Redevelopment Agency Staff Report - Executive Director Lease Agreement with City of Atascadero RECOMMENDATION Board authorize Chairperson to execute the renewed Lease Agreement between the Atascadero Community Redevelopment Agency and the City of Atascadero DISCUSSION Background. On or about December 15, 2004, the Community Redevelopment Agency became the owner of real property located at 6907 EI Camino Real, Atascadero, California, consistent with the Agency Redevelopment Plan Goals of this plan include elimination of such conditions as blight by providing needed public improvements, improvements and revitalization of the downtown, and to encourage rehabilitation and repair of deteriorated structures Ownership put the Agency in a position to further downtown revitalization through renewal of the building and creek enhancement, and made the Agency a principal stakeholder in how the downtown area develops Following the San Simeon earthquake, City operations were moved to a temporary facility in the Century Plaza. When conceptual plans for the Colony Square development called for that facility to be demolished, City staff expressed an interest in leasing the Agency's property located at 6907 EI Camino Real, Atascadero for the purpose of operating a City Hall Annex. The original Lease Agreement was for a four (4) year term, which expired June 1, 2009 Since that time, the City has occupied the building on a month to month basis, as the lease stipulates, "In the event the City shall continue in possession of the premises after the expiration of the Lease term, such possession shall not be considered a renewal of this Lease but a month to month agreement which shall be governed by the terms of this Lease " Because the City is still in need of a temporary facility, possibly until December 2012, a renewed Lease Agreement is desirable The terms of the renewed Lease Agreement are nearly identical to the original terms, with the exception that the renewed lease will cover a period of 34 months, from March *Ar. 1, 2010 to December 31, 2012. In addition, both parties will have the right to terminate ITEM NUMBER. RA A-2 DATE. 02/23/10 the lease without notice The following key features of the Lease Agreement remain the same ➢ City to tender $31,133 00 per month to Agency ➢ City is authorized to make interior improvements and alterations ➢ Improvements and alterations shall become the property of the Agency upon expiration or termination of the lease ➢ City is responsible for costs associated with the installation and maintenance of utility services ➢ City is responsible for the maintenance of the interior portions of the leased space ➢ Agency is responsible to keep the premises in compliance with federal, state and local laws ➢ City shall provide public liability insurance in the amount of one million dollars ➢ All fixtures installed by the City shall remain City property Conclusion. Agency and City Staff concur on the terms and conditions contained therein Staff recommends approval of said Lease Agreement. FISCAL IMPACT The City of Atascadero will tender $31,133 00 each month of the Agreement for a total of $1,058,522 00 over the term of the Lease ALTERNATIVES 1 The Agency Board may alter the terms and conditions of the Lease Agreement. 2 The Agency Board may decline to lease the real property The terms of the renewed Lease Agreement are identical to the original terms, with the exception that the renewed agreement covers a period of 34 months and the notice period has been removed from the termination clause Alternative 2 is also not recommended, because it is unlikely that the City would be able find an alternate facility site or that the Agency would find a new tenant in the current economy ATTACHMENT Lease Agreement for the City of Atascadero, 6907 EI Camino Real M LEASE AGREEMENT FOR THE CITY OF ATASCADERO 6907 EL CAMINO REAL THIS LEASE AGREEMENT is entered into on this day of , 2010, by and between the Atascadero Community Redevelopment Agency, California, a municipal corporation (hereinafter referred to as "Agency"), and the City of Atascadero, California, a municipal corporation (hereinafter referred to as "City") RECITALS WHEREAS, City desires to operate a City Hall out of an Agency owned property, and has agreed to rent said space from Agency; and WHEREAS, the Agency, in consideration of the promises and covenants of City set forth herein, agrees to rent said property to City for the purpose of operating a City Hall, and for no other purpose NOW, THEREFORE, the parties hereto agree as follows 1 Premises The Agency will rent to City the premises located at 6907 EI Camino Real, Atascadero, California, (hereinafter referred to as "Premises"), for City Hall ,%we activities within the City of Atascadero 2 Term The term of this Lease Agreement (hereinafter referred to as "Lease") shall have a period of thirty-four (34) months beginning on March 1, 2010 and ending December 31, 2012, unless sooner termination is provided herein In the event the City shall continue in possession of the premises after the expiration of the Lease term, such possession shall not be considered a renewal of this Lease but a month to month agreement which shall be governed by the terms of this Lease and which may be terminated at any time 3 Option to Terminate City shall have the option to terminate this Lease if the premises are destroyed or damaged to the extent that they cannot be repaired within sixty (60) days If the damage can be repaired with sixty (60) days, it shall be the duty of the Agency to make such repairs promptly Agency and City shall have the right to terminate this Agreement without cause 4 Alterations to Agency's Facilities Improvements/Alterations by Agency - a. Agency recognizes and understands that any tenant improvements requested by the City may be subject to the provisions contained in the California Labor 10 Code (commencing with Section 1720) relating to general prevailing wage rates and other pertinent provisions therein b Agency shall comply and stay current with all applicable building standards, which may change from time to time c The Agency and/or its authorized agents shall have the right to enter the premises at all reasonable times to inspect the condition of the premises, and to make necessary repairs d The Agency is committed to the revitalization and enhancement of Downtown, to this end, the Agency reserves the right to enter and improve the Agency - owned property, excluding the interior space leased by the City The Agency will notify the City of any improvement to the property and will not impact entrances and exits of the building The Agency is involved in a comprehensive revitalization program for Downtown, which will include improvements on this property as well as surrounding property Improvements may include building fagade improvements, landscape, parking, access, lighting, creek stabilization, and/or any other activity/action that is benefiting of the Agency and/or the real property, or address health and safety issues and concerns Improvements/Alterations by City - a. Any alterations, improvements or installation of fixtures to be undertaken by City shall have the prior written consent of Agency after City has provided plans for any such proposed alterations, improvements or fixtures to Agency in writing Agency shall not unreasonably withhold such consent. b City recognizes and understands that any renovation work and/or improvements undertaken by the City may be subject to the provisions contained in the California Labor Code (commencing with Section 1720) relating to general prevailing wage rates and other pertinent provisions therein c Any and all alterations or improvements made to the leased premises by City shall become the property of Agency upon expiration or terminating of this lease d All fixtures installed by the City shall remain City property, and may be removed by City at or prior to the expiration of this lease, provided, however, that such removal does not cause injury or damage to the leased premises, or in the event it does, the City shall restore the premises 5 Rental City shall pay Thirty -One Thousand One Hundred Thirty-three Dollars and No Cents ($31,133 00) rent per month to the Agency commencing March 1, 2010 through December 31, 2012, on the first day of each month At the option of 1%1 the City, advance monthly rental payments may be made for any period through 4 the term of this Agreement (e g , quarterly), provided, however, in the event of holding over, this sentence shall have no force or effect and payments shall be made on the first day of each month Agency reserves the right to renegotiate this paragraph (section) subject to 60 days written notice 6 Telephone, Utilities & Custodial Services. City will install and pay for telephone service, electric power, gas and heat, water and sewer service, trash collection, and all other services and utilities supplied to the leased premises during the entire term of this Lease, and shall promptly pay all connection and termination charges therefore, and shall provide custodial services for the interior and exterior, to include any landscaping, of the facility at its expense 7 Maintenance of Facility Agency shall keep the leased premises in such condition, and in compliance with federal, state, and local laws, ordinance, rules and regulations relating to fire, health, and safety City shall, during the term of this lease, maintain the interior portions of the leased space in a good, clean and safe condition City, at its own expense, shall repair all deteriorations or damage to the leased space or building as a result of lack of ordinary care Except as otherwise provided in this lease, Agency shall perform, at Agency's err" sole expense, all repairs and maintenance for roof, exterior, and plumbing for the building Any repairs by Agency shall be made promptly with first-class materials, in a good and workmanlike manner Except in the case of an emergency, Agency shall give City twenty-four (24) hours notice of its intention to enter the building for the purpose of making necessary repairs Except for cases of emergency, Agency shall make all repairs required hereunder as soon as is practical In the event Agency has not made a repair referred to in a written notice from City to Agency within thirty (30) days after the date of that notice, City shall have the right to make the repair and be reimbursed by the Agency If the full amount of the reimbursement is not delivered by Agency to City within ten (10) days after City's delivery to Agency of a written statement or bill evidencing the cost of the repair, City shall have the right to deduct the cost of the repair from the next monthly rent payable to Agency City shall notify Agency promptly of any damage to the leased premises resulting from or attributable to the acts or omissions of City, its invitees or its authorized representatives, and thereafter promptly repair all such damage at City's sole cost and expense 8 Insurance Coverage City will provide public liability coverage, property damage and insurance in the amount of One Million Dollars and No Cents ($1,000,000 00), in both City's and the Agency's name City shall file with the Secretary of the Redevelopment Agency copies of the Certificates of Insurance for said insurance coverage indicating that the City of Atascadero, its agents, 3 12 officers, and employees are additionally insured under said policies Said Certificate shall state that the policy(s) will not be terminated or cancelled without thirty (30) days advance written notice to Agency of termination or cancellation thereof Agency reserves the right to renegotiate this paragraph (section) subject to 30 days written notice 9 No Joint Venture Nothing in the Agreement is intended nor shall create between Agency and City an employer/employee relationship, a principal/agent relationship, or a joint venture relationship Agency shall neither have nor exercise any control or direction over the methods by which City shall perform functions and/or provide services City shall have no claim under this Agreement or otherwise against Agency for worker's compensation, unemployment compensation, vacation pay, sick leave, retirement benefits, Social Security benefits, disability insurance benefits, unemployment insurance benefits, or any other employee benefits, all of which shall be the sole responsibility of City City shall indemnify and hold Agency, its members, agents, or employees, harmless from any and all cost (including attorney's fees), loss, or liability by or on behalf of any member, agent, or employee of City, or by any government entity The occupancy of the premises by City shall be subject to reasonable rules and regulations of Agency, and City shall be subject to all provisions of applicable local, state and federal law 10 Parking City acknowledges and agrees that any parking spaces provided by Agency in and around the leased premises are solely for the convenience of the customers and employees of City, unless otherwise specifically designated by the Agency in writing Agency shall have the right to establish and enforce reasonable rules and regulations concerning the use of the parking area. 11 Default: In the event that City shall become delinquent in payment of rent or shall City fail to keep or perform any of the terms or conditions of this Agreement, Agency shall give City thirty (30) days written notice of default, at the expiration of which period or at any time thereafter while such default continues, Agency may terminate this Agreement and exercise such remedies as Agency may have at law 12 Governing Law- The parties agree that the laws of the State of California shall govern this Agreement. Agency and City agree that any suit brought by either parry against the other arising out of the performance of this Agreement shall be brought and maintained in the Superior Court of San Luis Obispo County 13 Disabilities Act: City agrees to comply with all applicable provisions of the Americans with Disabilities Act, with regard to alterations, maintenance, or restoration to the Premises 14 Voluntary Transfers City shall not sell, transfer or assign this Lease, or any part thereof, or interest therein, or hypothecate or grant any rights hereunder, or create or permit any subleases for the leased premises L! 13 15 Nondiscrimination City shall not discriminate, in any way, against any person on VOMW the basis of age, sex, race, color, creed, national origin or disability in connection with or related to the performance of this Lease 045 16 Mutual Indemnification It is mutually understood and agreed that: a. Neither City, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Agency under or in connection with any work, authority or jurisdiction delegated to Agency under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895 4, Agency shall fully indemnify and hold City harmless from any liability imposed for injury (as defined by Government Code Section 810 8) occurring by reasons of anything done or omitted to be done by Agency under or in connection with any work, authority or jurisdiction delegated to Agency under this agreement. b Neither Agency nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this agreement. It is also understood and agreed that, pursuant to government Code Section 895 4, City fully indemnify and hold Agency harmless from any liability imposed for injury (as defined by Government Code Section 810 8) occurring by reasons of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated City under this agreement. 17 Binding on Successors City and Agency agree that each of the terms, conditions, and obligations of this Lease Agreement shall extend to and bind, or inure to the benefit of the respective parties hereto, and each and very one of their respective heirs, executors, administrators, representatives, successors and assigns 18 Notices. Any notices, payments or consents required or desired to be served or given by either party upon the other shall be addressed to the respective parties as set forth below- Agency- City - Executive Director City Manager Community Redevelopment Agency City of Atascadero 6907 EI Camino Real 6907 EI Camino Real Atascadero, CA 93422 Atascadero, CA 93422 or, the respective parties shall designate such addresses as necessary from time to time 19 Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement. 5 14 20 Entire Lease Agreement: This Lease Agreement contains the entire agreement between Agency and City All previous proposals and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of, or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all parties 21 Partial Invalidity- If any provision in this Lease Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way 22 Waiver- The waiver by any party to this Lease Agreement of a breach of any provision hereof, shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof, unless specifically stated in writing 23 Execution The undersigned acknowledge having read and understood the foregoing IN WITNESS WHEREFORE, the parties hereto have executed this agreement on the day and year above and below written Community Redevelopment Agency City of Atascadero Date , 2010 Date , 2010 M Bob Kelley, Board Chairperson ATTEST Marcia Torgerson, Agency Secretary 15 0 13 Wade G McKinney, City Manager APPROVED AS TO FORM EM General Counsel E5 005 In ITEM NUMBER. RA C -1 DATE. 02/23/10 Community Redevelopment Agency of Atascadero Staff Report — Community Development Department National Historic Register Building Atascadero Printery Building Update Mothballing Requirements and Bidding Process I IMMAILX19m, 0ONK Agency Board 1 Determine if the Agency continues to support the use of Redevelopment Funds for the mothballing of the Historic Atascadero Printery Building, and, 2 If the Board is prepared to proceed with mothballing, direct staff to advertise for bids for the mothballing of the Historic Atascadero Printery Building based on Unique Perspectives 12/31/09 mothballing requirements, and return the bids for Agency authorization to proceed DISCUSSION The Historic Printery is owned by Atascadero Printery LLC, the sole members of which are Kelly Gearhart and Tamara Gearhart. The Gearharts filed for bankruptcy in Ohio and the trustee for the Gearhart bankruptcy is Harold Corzin The attorney for Mr Corzin in the Gearhart bankruptcy is Ken Gibson In 2006, the Agency authorized $40,000 for a historic consultant to prepare a historic analysis of the Printery building as part of the CEQA process required for the restoration permits At the time, Mr Gearhart had applied for building permits to retrofit and restore the Printery After a promising start to the permitting process, Mr Gearhart notified the City in December 2007 that the project was on hold Throughout 2008, it became apparent that the project was not going to move forward, and that mothballing of the Printery needed to be considered To date about $12,000 of the original $40,000 budgeted for the Printery has been spent. Currently there is approximately $28,000 16 budgeted for the Printery historic analysis that could be allocated to the mothballing process Staff has presented two separate reports to the Agency regarding the issues and options related to mothballing the Printery On June 23, 2009, Council directed staff to obtain legal access to the Historic Printery Building to assist in the preparation of engineering specifications for mothballing On June, 29, 2009, the City Attorney contacted Mr Gibson to request that the City be provided with access to the Historic Printery to prepare mothball specifications so that the City could decide whether to engage a contractor to perform the mothballing work. Mr Gibson explained that permission would have to be given to the City by the bankruptcy court. On July 7, 2009, the City Attorney provided Mr Gibson with the necessary information to file a motion with the bankruptcy court to allow the City access to the Historic Printery On August 12, 2009, Trustee Harold Corzin, filed a Motion with the Court requesting an order to allow the City access to the Historic Printery Mr Corzin takes the position that, as of the filing of the Gearhart bankruptcy, that the trustee succeeded to the rights of management and ownership of the Atascadero Printery LLC On October 23, 2009, the City Attorney received from Harold Corzin a copy of the bankruptcy court order granting the City of Atascadero access and authority to preserve the Historic Printery and lien the property to secure the cost of the work (refer to Attachment 1) On October 27, 2009, staff authorized Darin Traverso of Unique Perspectives Architectural Engineering to prepare specifications for the mothballing of the Historic Printery The purpose of the specifications is to obtain bids and define the scope of work for the mothballing process The specifications are divided into three separate components (site issues, exterior building envelope, interior measures) that will be bid as separate line items (refer to Attachment 2) This will allow the Agency the flexibility to authorize individual components based on cost. The following table identifies 16 separate mothballing measures for the Printery and the estimated prevailing wage cost of the tasks The total cost of all of the measures is estimated to be $49,700±. In order to provide the Agency with options to reduce the potential cost of the project, staff has split the measures into three categories Mandatory Measures, Recommended Measures and Optional Measures The Mandatory Measures would secure and protect the building and cost approximately $29,200 and are considered the minimum requirement for mothballing the Printery Adding the Recommended Measures for $9,200± would improve building security and protect against future moisture and seismic damage Adding the Optional Measures for $11,400± would clean up the site and interior and improve the appearance for the surrounding Downtown area 17 M Summary of Mothballing Tasks and Prevailing Wage Cost Estimates (refer to Attachment 3 for line item cost estimate) 1 Site Issues Mandatory Measures Recommended Measures Optional Measures Total All Measures a. Perimeter fence integrity $2,520 $2,520 b Skate Park decommissioning $1,550 $1,550 c. Exterior security lighting $815 $815 d. Site clean-up $5,695 $5,695 2. Exterior Building Envelop Protection a. Secure windows $12,000 $12,000 b Secure doors $4,400 $4,400 c. Secure walls $1,490 $1,490 d. Roof repair $2,060 $2,060 e Secure Basement $1,500 $1,500 3. Interior Measures a. General clean-up $2,630 $2,630 b Temporary shoring measures $3,580 $3,580 c. Pest control Contractor required ? d. Security system Contractor required ? e Ventilations stem $1,020 $1,020 f Utility disconnects $1,560 $1,560 g. Tapestry Protection $2,580 $2,580 Sub Total $23,580 $7,945 $9,875 $41,430 15% contingency $3,537 $1,192 $1,481 $6,214 Total 1 $29,117 $9,137 $11,356 1 $49,644 In What is Mothballing? Mothballing is a term used by the U S Department of the Interior to describe the process of securing and preserving a historic structure until the structure can be rehabilitated The Federal mothballing guidelines are attached to the staff report (refer to Attachment 14) The purpose of mothballing a building is to prevent deterioration and vandalism over an extended period of time There has been some discussion in the community regarding the possible removal of the tapestries in the Printery foyer The interior tapestries were created by E G Lewis staff artist, Ralph Holmes, between 1917 and 1923 and are considered a character defining historic feature of the Printery building Staff has reviewed this idea and checked with a historic specialist regarding this proposal There appears to be a number of concerns with removing the tapestries including 1 One of the primary concepts of mothballing a historic building is to leave all historic features in place, or at a minimum safely stored on site Experience with historic buildings across the country has shown that once historic features are removed from a property, they are often lost or damaged 2 The tapestries in the foyer are an important character -defining element of the Printery Removal of the tapestries will change and potentially damage the Printery as an important historic resource and would constitute a significant and unavoidable impact under CEQA which is the trigger for an EIR process 3 The 2006 deed restriction specifically requires the Ralph Homes "interior murals" to be maintained 4 The removal of the tapestries should be done by a specialized historic curator who is capable of performing the work. Facilities, equipment and legal agreements for the storage and return of the tapestries should also need to be worked out. 5 The tapestries are private property belonging to the owner of the Printery building and the City has no right to remove or transfer the tapestries Currently, the bankruptcy trustee and the court are in control of the building and any associated assests If the Council is interested in removing the tapestries, then a work plan will need to be developed to address the above issues The Council should direct staff to develop a work plan, timeline and cost estimate for the removal of the tapestries This work plan would be returned to the Council for consideration The mothballing plan includes specification to build temporary protective coverings for the tapestries This work is estimated at $3,000 and included under the mandatory measures 19 E5 Analysis vft" Should the Historic Printery be mothballed? There are a number of issues related to the historic Printery that need to be considered as part of the mothballing decision including 1 The Printery was built and owned by E G Lewis the founder of Atascadero and was used to print many of E G Lewis' national publications (refer to Attachment 15) This makes the building of historic, cultural significance 2 The Printery was designed by the same architect and in the style as the Atascadero Administration building and was part of the original Administration Park of the Atascadero Colony The Printery and Administration buildings are the most significant remaining structures from E G Lewis' original vision of Atascadero (the Grammar School and La Plaza have both been destroyed) This makes the building of historic, architectural significance 3 The Printery is listed on the National Register of Historic Places due to both its cultural and architectural significance 4 The Printery was damaged in the 2003 San Simeon Earthquake and is currently unsafe to occupy 5 The City of Atascadero co -owned the Printery until August 26, 2005 6 The City recorded a deed restriction with the power of termination, prior to 1%W transfer, requiring the Printery to be preserved (refer to Attachment 4) 7 The Printery property is currently in default and controlled by a bankruptcy trustee Restoration of the Printery is not expected to occur within the foreseeable future 8 The Printery is not secured and has been damaged by trespassers and vandals (refer to attached photographs) 9 The City has attempted, without success, to get the property owner to secure the Printery since early 2007 (refer to Attachments 9 —14) 10 The Building Official and Fire Chief consider the Printery to be an "unsafe vacant building" and an "attractive nuisance" under the building code (refer to Attachment 6) This creates a recognized threat to public safety and a source of blight in the center of town 11 Mothballing is recognized by the US Secretary of the Interior as the correct method to preserve historic structures like the Printery (refer to Attachment 16) 12 The Atascadero Historic Society has pledged $10,000 to assist with the mothballing process (refer to Attachment 3) In addition, the Redevelopment Agency currently has about $28,000 in remaining funds for an historic analysis of the Printery 05 20 The Case for Mothballing the Printery 1 Protect the Printery from additional damage and deterioration Due to the foreclosures and multiple investor groups, it is evident that that Printery will not be secured by the existing owners The City has had many conversations and correspondences with the owner regarding the need to mothball, without any progress (refer to Attachments 10 — 15) Therefore, it appears the City/Agency is the only party in a position to secure the Printery Although there will be a cost to mothballing the Printery, it appears that mothballing will minimize City exposure to future expenses The City will continue to be under political pressure to secure, repair or repossess the Printery, and City staff is at risk if they are required to enter the building for an emergency Once the Printery is mothballed, the likelihood that the City would need to respond to an emergency or intervene in the building is significantly reduced For example, right now one of the Printery doors has been kicked in Should the City go fix the door or wait until there is a problem in the building to respond If the Printery is not mothballed now, it will continue to deteriorate and will be at risk of vandalism and fire and a threat to public safety When and if any of these issues occur, the City will be compelled to respond in order to protect public safety As the building deteriorates further or is damaged, the cost of securing the building will increase in expense. 2. Printery is Unsafe and an Attractive Nuisance The current condition of the Printery is unsafe and creates an attractive nuisance Under the building code and municipal code, the City has a responsibility to protect the public safety The location of the Printery next to the Junior High School and an elementary school further enhance the risk as an attractive nuisance If the Printery is not secured, trespassing and vandalism will continue, requiring Police resources. If a fire were to occur in the Printery, the Fire Department would have to assume the building was occupied, since it is not secured This would obligate firefighters to enter and search the building, creating a significant safety risk to City fire personnel Once mothballed, the Fire Department would be able to determine the building was vacant and would not be obligated to conduct a search during a fire 3 Deed Restriction requires preservation of Printery As the previous owner, the City of Atascadero added the Printery to the National Register of Historic Places for both its cultural and architectural value Prior to transferring the Printery, the City added a deed restriction to require the Printery's preservation Under the 2005 deed restriction, the City of Atascadero has a responsibility to require the Printery building to be preserved In its current condition, the Printery is not being preserved Since rehabilitation is not possible at this time mothballing would be consistent with the preservation intent of the deed restriction since it would minimize the potential for damage or loss of the historic features of the building 4 Printery is a National Register Historic Building National Register Historic Buildings are unique and rare Atascadero has two such buildings which represent a direct link to E G Lewis the founder of Atascadero Due to the architectural and cultural importance of the Printery, it is incumbent on the City to 21 take the reasonable steps of mothballing to protect the building The City's vision of ,W Downtown calls for the expansion of Downtown, the extension of Entrada and the relocation of the schools In the future, the Printery holds the promise of being an important part of the north end of Downtown 5. The Printery is creating blight in Downtown In its current condition with broken windows and surrounded by weeds and debris, the Printery fits the definition of blight. Blighted property has a negative effect on surrounding properties and economic development. The City has prioritized the economic development of the Downtown area where the Printery is located Under State law, the primary purpose of the Agency is to eliminate blight within the project area. Therefore, the allocation of RDA funds to mothball the Printery is an appropriate and necessary blight removal expenditure 6 The Mothballing costs can be controlled and shared The primary concern regarding mothballing the Printery is the potential cost. Fortunately, the mothballing process is highly flexible and can be scaled to meet the City's funding constraints The mothballing specifications will be bid with line items so the City can pick and choose mothballing steps that fit within the budget. In addition, the Atascadero Historic Society has pledged $10,000 to assist with the mothballing effort. At this time, staff is recommending that mothballing specifications be advertised for bids to determine the cost. Staff would return to the Agency for authorization to award any contracts for mothballing the Printery Any costs incurred in mothballing the Printery would be liened against the property so that the Agency would be entitled to recover these costs in the future Conclusion The Printery is a National Register Historic Building that is very important both architecturally and culturally to the founding of Atascadero The building has been earthquake damaged and its owner has significant financial problems The building's current state is creating both a public safety concern and a source of blight in the Downtown It appears that the best option is to mothball the building until an economically viable rehabilitation project can be developed FISCAL IMPACT The prevailing wage cost estimate for a complete mothballing of the Printery is approximately $50,000 Currently the Agency budget has $28,000 remaining for a historic analysis of the Printery that could be used for mothballing The Atascadero Historic Society has pledged $10,000 to assist with the mothballing effort. 22 Mandatory Recommended Total Measures Measures All Measures Total Project Cost: $29,200 $36,400 $50,000 RDA Printery Budget -$28,000 -$28,000 -$28,000 Historic Society Pledge -$10,000 -$10,000 -$10,000 Funding Summary +$8,800 +$1,600 -$12,000 It appears the Agency has funding available to complete the complete all of the mandatory and recommended mothballing measures. However, the Agency would need an additional $12,000 to complete the site and interior clean-up measures The cost of the optional security system is not included in this budget analysis and would increase the cost of the project. Printery History and Background Summary - History: The Atascadero Printery is a National Historic Register Building that was constructed in 1916 by E G Lewis the founder of the Atascadero Colony (see attached building history) The building was designed by Bliss and Faville Architects and compliments the Italian Renaissance architecture of the Atascadero Administration building a block away The Printery was built to print many of E G Lewis' publications including the The Illustrated Review and the Atascadero News In 1916, the Printery housed the largest rotogravure printing press west of the Mississippi River (refer to Attachment 13 for building history by Lon Allen) In 2003 the Printery was damaged in the San Simeon Earthquake and currently is deemed unsafe to occupy A damage assessment and rehabilitation plan was prepared in September 2004 for the Printery by Pfeiffer Partners Architects The damage assessment concluded the Printery was significantly damaged in two distinct areas, but the majority of the structure is sound and can be repaired Since the early 1990's, the City of Atascadero jointly owned the Printery with the Atascadero Temple Association (Masons) In 2005, The City released its interest in the building back to the Masons (refer to Attachment 4) As part of the transfer back to the Masons, a deed restriction was recorded against the property to ensure the Printery's protection and rehabilitation This deed restriction was required by FEMA and the California State Historic Preservation Office (SHPO) prior to funding the alternative project to build the recreation center at Colony Park (formerly Traffic Way Park) The 23 E5 En on Masons then transferred the building to retrofit and restore the Printery as Mr Kelly Gearhart is the designated LLC (refer to Attachment 2) Deed Restrictions to the Atascadero Printery, LLC which had plans a special events center (refer to Attachment 1) manager who controls the Atascadero Printery, As part of the Colony Park Recreation Center alternative project, FEMA and SHPO required the following deed restrictions to be recorded against the Printery to ensure its protection In addition, the deed restriction allows the City to take back the building if the terms of the restrictions are violated 1 ATA (Atascadero Temple Association) shall hold the Property as lots and parcels as currently configured with the contemplation of the Atascadero Municipal Code (code) and Subdivision Map Act of the State of California (Map Act) 2 No action will be taken by ATA in violation of the zoning of the Property or Map Act. 3 The Printery shall be preserved for a minimum of twenty (20) years. 4 Design approval is required of all exterior work by the Community Development Director 5 The interior murals created by E.G Lewis staff artist, Ralph Holmes, between 1917 and 1923 must be maintained. 6 The building must be occasionally made available to the Public no less than annually 7 Any design, including elevations of any project, must be provided to the City of Atascadero ATA shall hereafter keep and maintain the Property in good condition and in compliance with the code. The above -listed conditions ("Conditions") shalI not be amended in any manner or terminated neither without the prior written approval of the City nor without the recordation of any such approval by the City The Conditions shall constitute covenants running with and binding the land. Accordingly the Property shall hereafter be held, sold, conveyed, mortgaged, encumbered, leased, rented, used, occupied and improved subject to the Conditions, all of which shall run with the Property and shall be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns. The Conditions shall be unsubordinated. The City shall have the right to enforce the Conditions. In the event of any such action to enforce the Conditions, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation, attorney's fees, discovery and expert costs and fees, and court costs, as awarded by a court of competent jurisdiction. If the Conditions are at any time violated, the City may exercise its power to terminate this Grant Deed in accordance with applicable California law If the City exercises its power of termination, all title and interest in the Property transferred by this Grant Deed shall revert to City and the interest of ATA in the Property shall revert to the original undivided 1 % interest. 24 Retrofit Permit Process On April 19, 2006 Mr Gearhart applied for a Precise Plan and building permit for the retrofit, rehabilitation and re -use of the historic Printery Building as a ballroom for private events such as formal parties, weddings, entertainment, and similar uses The developer's plans included adding a parking lot and elaborate formal gardens surrounding the building The gardens would include turf areas, sidewalks, decorative paving, formal plantings and shade structures The Printery Building would be rehabilitated to its original appearance using historic architectural drawings and existing materials, as feasible The stucco and wood frame additions, located to the rear of the original Printery Building were proposed to be demolished Staff met with Mr Gearhart and the project's historic analysis and design team a number of times in 2006 regarding the permit process This process included the participation by citizens on a Council appointed Printery Working Group The project was making progress until early 2008 when Mr Gearhart stopped work on the project. It appears now, that due to financial problems, Mr Gearhart is no longer pursuing the project. The Atascadero Printery LLC, still is listed as the owner of the building, but staff is aware of two separate investor groups that have liens against the properties. At best, the long term ownership and control of the Printery is unclear at this time Building Maintenance and Current Condition On September 28, 2006 staff conducted an inspection of the exterior and interior of the Printery with the owner, consistent with the requirements of the deed restriction (refer to photos on following pages) The owner had reported that vandals had broken into the building and caused damage Staff found that graffiti had been sprayed in the building, and numerous windows and lights have been broken The historic features of the building including the interior tapestries had not been damaged The exterior of the building has been secured fenced with a security type tubular metal fence The grounds were overgrown with dead weeds Staff sent Mr Gearhart a letter on October 3, 2006 requesting that he secure the building and comply with the deed restrictions (refer to Attachment 7) Mr Gearhart did board up an open window near the fire escape that was permitting easy access into the building On January 9, 2007 Council directed staff to notify the applicant that the broken windows on the building needed to be secured There was also concern regarding the historic painted tapestries in the entry foyer Staff sent Mr Gearhart a certified letter on January 10, 2007 requiring the windows be repaired or boarded up by January 25, 2007 (refer to Attachment 9) No action to repair the windows has occurred to date Staff spoke with Mr Gearhart on February 6, 2007 regarding the windows and his overall rehabilitation plans Mr Gearhart stated that he felt the building was structurally unstable and therefore unsafe for work crews to work on the windows Throughout 2007 and 2008, staff contacted Mr Gearhart and his attorney, Ty Green about the need to mothball (permanently secure) the Printery Building (see Attachments 25 10-12) The City's requirement to mothball the Printery has not been addressed by the building owner Since early 2008, staff is not aware of an additional work that has occurred to secure the Printery Building Due to the financial situation of the building owner, staff does not think that retrofitting and restoration of the Printery will occur in the near future September 28, 2006 Staff Inspection. Pictures of Printery Building Exterior on 9/28/06 In 26 Exterior on 9/28/06: broken window where people appear to be entering Interior on 9/28/06: graffiti on walls 27 On CM Interior on 9/28/06: historic tapestries are undamaged. Interior on 9/28/06: Temporary shoring in place, note broken windows and lights. ATTACHMENTS 1 Attachment 1 October 23, 2009 Court Order to Allow Printery Mothballing 2 Attachment 2 August 12, 2009 Motion for Authority to Mothball Printery 3 Attachment 3 12-31-09 Mothballing Specifications 4 Attachment 4 Darin Traverso's Prevailing Wage Cost Estimate 5 Attachment 5 11/11/09 Atascadero Historic Society pledge letter 6 Attachment 6 Grant Deed showing ownership by of Atascadero Printery LLC 7 Attachment 7 Deed of Trust showing control of Atascadero Printery LLC Page 1 8 Attachment 8 Deed of Trust showing control of Atascadero Printery LLC Page 3 9 Attachment 9 March 2006 Grant Deed to Atascadero Temple Association 10 Attachment 10 California Building Code (CBC) Sections Regarding Vacant Buildings 11 Attachment 11 October 3, 2006 Printery Maintenance Letter to Mr Gearhart 12 Attachment 12 December 5, 2007 Printery Security Letter 13 Attachment 13 January 10, 2007 Printery Maintenance Letter to Mr Gearhart 14 Attachment 14 January 26, 2008 Printery Time Extension and Mothballing Letter 1 15 Attachment 154 June 26, 2008 Printery Time Extension and Mothballing Letter 2 16 Attachment 16 July 24, 2008 Printery Time Extension and Mothballing Letter 3 17 Attachment 17 "The Printery" Lon Allen 18 Attachment 18 Secretary of the Interior's Historic Guidelines for Mothballing Buildings 17 Attachment 19 Diagram of Printery Property Parcels 1 and 2 NE M In cm Attachment 1 October 23, 2009 Court Order Allowing Printery Mothballing 9'07'O" IT ISRDERED. 05:43 PM October 23 2009 n 11v SiiEA-S'To1WAt ii.S. Bnulmnptcv JttdQe IN THE UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO AT AKRON IN RE ) CASE NO 09-SO469 KELLY V GEARHART and ) CHAPTER 7 TAMARA D LOWE aka Tamara D Gearhart ) BANKRUPTCY JUDGE MARILYN SHEA-STONUM Debtors ) ORDER AUTHORIZING CITY OF ATASCADERO, CALIFORNIA TO INCUR NECESSARY PRESERVATION COSTS AND TO PROVIDE }ALIEN TO SECURE SAID COS'}'S ) This matter comes before the Court upon the Motion of the Chapter 7 Trustee for authority to alloy the City of Atascadero, California to incur necessary preservation costs and to provide a lien to secure said costs with respect to a historical building located in Atascadero, California 09 -50469 -mss Doc 306 FILED 10/23/09 ENTERED 10126/09 16:14.45 Page 1 of 12 30 The Trustee stated that the debtors in this bankruptcy estate are the sole members of a California limited liability company known as Atascadero Printery LLC" Further, the Trustee stated that the Trustee has succeeded to the rights of management and ownership of the Atascadero Printery, LLC and has indicated that Atascadero Printery, LLC is the owner of two parcels of real property in Atascadero California; that the Printery building is located on one of these parcels while, according to the Trustee, the other parcel is unimproved land The Trustee has provided additional information in his Motion In essence the Trustee asks the Court to allow the City of Atascadero for authority to "mothball" the Printery building which he states is a National Historic Register building that was constructed in 1916 The Trustee described the "mothballing" process in his Motion The Trustee advises that the purpose of the mothballing process is to prevent deterioration and vandalism over an extended period of time The Trustee states that it will be necessary to obtain a design for the process which can then be presented to contractors who can bid on the proposed work The Trustee reported that the City of Atascadero has received estimates revealing that the cost of the design will approximate $4,000 00, while the cost for the "mothballing" process will approximate $30,000 00 to 1$601000 00 K 09 -50469 -mss Doc 306 FILED 10/23/09 ENTERED 10/26/09 16 14.45 Page 2 of 12 31 M CM The Trustee moves this Court for authority to allow the City of Atascadero to proceed with the design of the mothballing process and to hire a contractor to perform the mothballing services at the City of Atascadero's expense The Trustee reported that the City of Atascadero proposes to record a lien on the Printery property in an amount equal to the mothballing costs incurred by the city so as to include designer's costs The Trustee further explained that the parcel of real property upon which the Printery building is located is subject to an existing deed of trust (first mortgage) whereby Atascadero Printery, LLC is the trustor (mortgagor), Stinchfield Financial Services is the trustee (mortgagee), and several individual investors are the beneficiaries The Trustee advised that the reported amount of the stinchfield mortgage/lien is $2,300,000 00; however, the Trustee advises that that amount has not been verified The Trustee further reports that there appears to be a second deed of trust in the reported amount of $800,000 00 (junior mortgage) where Atascadero Printery, LLC is the trustor and MLW Holdings, LLC was the beneficiary said beneficiary's interest in this deed of trust was assigned by MLW Holdings, LLC on February 4, 2009 to one Shawn Freeman. The Trustee advises that the assignment of this deed of trust to Shawn Freeman is a transaction avoidable pursuant to 11 U S C 5547, et seq ; however, the Court, taking judicial notice of its own orders, observes that said mortgage has been avoided by the 3 09 -50469 -mss Doc 306 FILED 10/23/09 ENTERED 10/26/09 16:14:45 Page 3 of 12 Own 32 Trustee and thus Freeman's interest is preserved for the benefit of the creditors pursuant to the provisions of 11 U S C 5550 and 551 The Trustee further advises that the City of Atascadero's security interest will remain in junior position on Parcel 1 (the improved parcel) The legal description for Parcel 1 is annexed hereto and incorporated herein by reference The Trustee advises that the City of Atascadero will not receive a lien on the unimproved parcel of real property The Trustee has advised that in his opinion the mothballing process is a reasonable means of protecting the property for the benefit of the secured creditors attendant thereto and the general unsecured creditors of the bankruptcy estate The Trustee has advised that he believes it will be necessary to verify the validity and priority of all liens and interests charged against said parcels of said real property, however, the Trustee advised that in his opinion, in the interim, it is in the best interest of the creditors of this estate to allow the City of Atascadero to take steps to preserve this historical property and to recover these costs by virtue of the lien impressed on Parcel 1 {the improved parcel), should the building be sold for sufficient value The Trustee further stated that all creditors and other parties having an interest in these proceedings were served with a copy of the Trustee's Motion on August 12, 2009, but that the creditors and other parties having an interest in these proceedings have failed to object to the Trustee's Motion A 09 -50469 -mss Doc 306 FILED 10/23/09 ENTERED 10/26/09 16:14.45 Page 4 of 12 33 r2 cm to assert a request for formal hearing despite the elapse of 20 days In light of the above and in due consideration of the Trustee's Motion, the Court approves said Motion and grants all lief sought therein BE IT 30 ORDERED SUBMITTED BY Chapter 7 Trustee Corzin, 8anislo & Ufholz, LLC 304 N Cleveland -Massillon Road Akron, Ohio 44333 Phone 330-670-0770 Pax 330-670-0297 hco,- i'n%csu-law,com S Doc 306 FILED 10123/09 ENTERED 10/26/09 16:1445 Page 5 of 12 34 Exhibit "A LEGAL DESCRIP77ON! That ponion of Lat 12A of Administration Park, in the City of Atasoedem. County of San Luis Obispo. State of California, according to Amandment R to Map of Atascadero. recorded April 13, 19181a Book 4, Page 67A of Maps, described u follows: Beginning a the Mott Southerly Cornet of said Lot 12A, the point of intersection of the centetilau of North Mail and West Mall: and running thence along the 5oadhrutaly line of said Lot 12A which Is the "ater ina of West Mali. North 28.37' Wes,,169.37 feel Ina point: Thence at right angles North 61.23' Well, 266..48 fen to a point; Thence as right angles South 28' 37' West, 169.37 feet to a point on the Southwesterly line of said Lot 12A. and the centerline of North Mall; Them at tight angles along the Southwesterly line of said tat 12A which Is the centerline of North Mall, South 61.23' Ear t. 266.48 feet to the Point of Beginning. EXCEPTING THEREFROM all water in, under and upon said land. ALSO EXCEPTING THEREFROM all streets, roods and alleys shown on the map above referred to APW A portion of 029.33 1.()D3 End of Legal Description 09 -50469 -mss Doc 306 FILED 10/23/09 ENTERED 10/26/09 16 14 45 Page 12 of 12 35 In 005 Attachment 2: August 12, 2009 Motion for Authority to Mothball Printery MAC/lat 8/22/09 IN THE UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OP OHIO AT AKRON IN RE KELLY V GEARHART and TAMARA D LOWE aka Tamara D Gearhart Debtors CASE NO 09-50469 CHAPTER 7 BANKRUPTCY JUDGE MARILYN SHEA-STONUM MOTION FOR AUTHORITY TO ALLOW CITY OF ATASCADER0, CALIFORNIA TO INCUR NECESSARY PRESERVATION COSTS AND TO PROVIDE A LIEN TO SECURE- SAID COSTS Now comes Harold A Corzin, Chapter 7 Trustee herein, and moves this Court for an order authorizing the City of Atascadero, California to incur certain necessary preservation costs with respect to property of this estate and to secure payment for said preservation efforts by a lien on the subject property For cause, the undersigned Trustee states that the debtors are the sole members of a California Limited Liability Company known as Atascadero Printery LLC As of the filing of the bankruptcy, the Trustee has succeeded to the rights of management and ownership of the Atascadero Printery, LLC Atascadero Printery LLC is the owner 36 of two parcels of real property in Atascadero, California For informational purposes, the Trustee states that the Printery Building is located on one parcel, while the second parcel consists of unimproved land The Printery Building is a National Historic Register building that was constructed in 1916 In 2003, the building was damaged in the San Simeon earthquake and, according to the City of Atascadero it is unsafe to occupy The building is currently in a state of disrepair which makes it an attractive target for trespassers, vandals, and an attractive nuisance for children Without remedial action and mothballing by either the owner or City, the building may be subjected to further vandalism and trespassing activities which will further damage the building's historical features and pose a health and safety threat to the public The City of Atascadero is interested in mothballing the Printery Building "Mothballing" is a term used by the U S Department of the Interior to describe the process of securing and preserving an historic structure until the structure may be rehabilitated The purpose of mothballing a building is to prevent deterioration and vandalism over an extended period of time This process will likely include the boarding up of all windows, securing all doors, protecting historic elements such as tapestries, the repair of roof leaks, the installation of a ventilation system, and the installation of security alarms Further, it will be necessary to have a design prepared for the mothballing which can then be presented to contractors who can 37 M 05 bid on the proposed work The designer will be requested to prepare mothballing plans and specifications consistent with Secretary of Interior standards The City of Atascadero reports that it has received estimates revealing that the cost of the design will approximate $4,000 00 and the cost for mothballing will approximate $30,000 to $60,000 The City of Atascadero proposes that it will proceed with the design of the mothballing process and will then hire a contractor to perform said mothballing services at the City of Atascadero's expense The City proposes to record a lien on the Printery property (Parcel 2) in an amount equal to the mothballing costs incurred by the City so as to include designer costs By way of further information, Parcel I upon which the Printery Building is located is subject to an existing Deed of Trust (first mortgage) whereby Atascadero Printery, LLC is the Trustor (mortgagor) , Stinchfield Financial Services is the Trustee (mortgagee) and several individual investors are the beneficiaries The reported amount of the Stinchfield mortgage/lien is $2,300,000 00; however that amount has not been verified There appears to be a second Deed of Trust in the reported amount of $800,000 00 where Atascadero Printery LLC is the Trustor and MLW Holdings, LLC was the beneficiary Said beneficiary's interest in this Deed of Trust was assigned by MLW Holdings, LLC on February 4, 2009 to one Shawn Freeman The assignment of this Deed of Trust to Shawn Freeman is a transaction avoidable pursuant to 11 U S C Sec 547, et seq The Trustee has initiated litigation to avoid the Freeman Deed of Trust, and it is believed that Freeman's interest On will be avoided in favor of the Trustee and preserved for the benefit of creditors pursuant to the provisions of 11 U S C Sec 550 and 551 The City of Atascadero's security interest/lien will remain in junior position on Parcel 1 The legal description for said Parcel 1 is annexed hereto and incorporated herein by reference With respect to the other parcel (Parcel 2) the same being unimproved real property, there is a Deed of Trust where Atascadero Printery, LLC is the Trustor, Hurst Financial is the Trustee and several individual investors are the beneficiaries The stated principal amount of this lien is $1,500,000 00 This is subject to verification The City will not receive a lien on this parcel The undersigned Trustee agrees that the mothballing process is a reasonable means of protecting the property for the benefit of the secured creditors attendant thereto and the general unsecured creditors of the bankruptcy estate The Trustee believes that it will be necessary to verify the validity and priority of all liens and interests charged against said parcels of real property and to conclude litigation relevant to the issue of the assignment of the Deed of Trust to Shawn Freeman In the interim, the Trustee believes that it is appropriate to allow the City of Atascadero to take steps to preserve this historical property and to recover those costs by virtue of the lien impressed on Parcel 1, should the building be sold for sufficient value WHEREFORE, the Trustee prays for relief accordingly 1s( Harold A. Corzin HAROLD A CORZIN (#0005021) Chapter 7 Trustee 304 N Cleveland -Massillon Road Akron, Ohio 44333 (330) 670-0770 Voice (330) 670-0297 Facsimile hcorzinocsu-law.com 39 E5 on Attachment 3: Unique Perspectives 12-31-09 Mothballing Specifications From: 8054617612 Page: 1/15 Date: 1/29/2010 3:22:50 PM i HISTORIC .ATASCA AERO PRINTERY An Clrf-Reinforced .r19aront-v structure located on 01mc.da Avenue, in Atuscadero, Calif. i `I2FiCETVI~U Mothhalling Requirements JAN t 7.010 I C'OMidUNt�t' AE�'Flt}PMCACt The following temporary proiectirm and .stabilization plan is intended to minimize deterioration and allow the owner time to raise Tnoney for preservation or to find a compatible use for the property Dated. 12 31-09 Prepared by: Oka DARIN TRAVERSO R.C,E, STRUCTURAL CONSULTANT gggga�,� s Phono; (805) 434.295[1 Fm (8031.4..34.20(39 1 155 Rolfe Lane Tr. rnoleton, CA 93465 UNIQUE PERSPECTIVES ARCHITECTURAL ENGINEERING This fax was received by GFI FAXmaker fax server For more information, visit http:ilwww.gfi.com From: 8054617612 Page: 3115 Date. 1/29/2010 3:22:50 PM _ Exterior Site Summary This fax was received by GFI FAXmaker fax server For more information, visit: http:/!www gfi.com 41 En From: 8054617612 Page: 4115 _ Date: 1/29/2010.3:22.:50 PM _ HISTORIC ATASCADF.RO PRINTERY Mothballing Requirements The following temporary prutectlon and .stabilization plan is intended to minimize deterioration and allow the owner time to raise money for preservation or to find a compatible use for the property A. Fxterior Site Summary: Perimeter black iron security fence (existing). a. Adequate as installed. See attached Exterior Site Summary plan, next page. b. Place dirt/rook or other till material at void from grade to bottom of fence (Northwest side) per detail AA, following pages, c. Verily building and gate keys in a secure but accessible location for maintenance and emergencies (tire/police/city). Fire: Tom Peterson.. (805) 470-3326 Police: Jim Mulhall. .(805) 470-3328 City Warren Frace, (865) 461-5000 x3402 2. Old skate park elements (attraction for break-ins). a. Reurtm end complete removal of'concrete rarrips, etc. b. Shall be made non-functional for skateboards, bikes, etc. c. At minimum, significantly break-up concrete at edges and ramps/disrupt steel edges & copes with weld washers/remove skate rails. Sec detail N/- 3 Existing vegetation. a. Remove all trees and shrubs within 20' of building perimeter (except Oak or Cottonwood trees which shall be trimmed to improve sightlines). See the Exterior Site Summary plan, next page, b. Grass is allowed inside perimeter security fence and shall be maintained (mowed) regularly 4 Exterior emergency lighting. a. Use solar powered motion spotlights to light up full perimeter of building for security at night. See lixterior Site Summary plan, next page. b. Be sure sidewalk traffic does not trip•lighm 5 Misc exterior site items. a. Remove old kitchen equipment at the northwest entry h, Secure BBQ and cover c. Verify site water and building runoff (including downspouts) flow away from structure, no ponding is allowed within 12' of structure. d. lnsulatc cxteiior, exposed water and sprinkler pipes. This fax was received by GF1 FAXmaker fax server For more information, visit: http.7/www.gfi.com on 42 From: 8054617612 Page: 5115 _ Date..1 /2912010 3:22:50 PM E.xTEz fcrz '.�iTt,,, 4Ut�irl/�:4t' f.t,) t?tc.4rtertZ 'ta RF M M w OL al Ck LN (Q tfA t~ �t o d. u] S _- { itt h:LAT V AtJh � t�.AU,6eR-C+^, V a tN) tict .roH !'CTh��C.✓11rC.{�-:.r,� i�' .tr.IT-�,.,�.`�{ HNHHT ND. _. OF AALCULATHDNY MATE This tax was received by GR �r V 5P1uN�.uta., t�dti.s - - CHHCKEb DY_... DATf, — a tN) tict .roH !'CTh��C.✓11rC.{�-:.r,� i�' .tr.IT-�,.,�.`�{ HNHHT ND. _. OF AALCULATHDNY MATE This tax was received by GR �r V 5P1uN�.uta., t�dti.s J L3Us iN4t'i ` I h i tE.} Asn-�rti i • • M zn_r FAXmaker fax serves For more information, visit http://www:gfi.com 43 From: 8054617612 Page: 6115 _ Date: 1129/2010 3:22:50 PM ane SHEET NO. OF (MLCULATEDBY DATE_ CHECKED BY„ DATE BOALE _ f,,Oi T)W-j k-fta 4t_TC,1'Z. FILL. &A -f W40L,0 cti f'L?_l LTwL PcfAct w' f (h2T % Aev" CNA i R r•tiy[ CDNPA•cT i'r ('R.kJEt3'i R•7EMO�t�ti. yA a :aN'-trj i j f.AAt7F. `ft AF -I pM'IN4e yKw SL,0K- huM1 PFek f. 14) DCCT rxo.5ub (h0Y1t This fax was received by GFI FAXmaker fax server For more information, visit: http:ltwww.gfi.com M 9 31 From: 8054617612 Page: 7/15 -Date,. 1129.12.010 3:2.2.:51 PM YW"Tmu Aw "'M ft l vno) MS ir1sM.1�4. i,PVME, PArI4 - Q&lz' P*"A loy"40%, ?_VLvG cajt_A*,T% +r Th JOB, SHEET NO,._... OF-- CALMILATeD BY, DATE - CHECKED 2Y_._._ DATE.. SCALE ___ KAM-E. PA -12.14 roSMO This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com 45 M M CM From: 8054617612 Page: 8115 Date: 1/29/2010 3:22:51 PM _ Exten'or Envelope 'Protection This fax was received by GF{ FAXmaker fax server For more information, visit: http;l/www.gfi.com W From: 8054617612 Page: 9/15 Date._1/29(2010 3:22:51 PM B. Exterior Envelot)e Protection,- ,Secure rojection; Secure windows. (See building plan and elevatlonv on the following pages) a. Verify frame conditions and attachment to stiveture, Refer to attached detail Cl- a5 required for repairs. b. Remove window mounted A/C units and any other opening impediments. c, Seal movable* windows at Unreitiforced Masonry Unit (URM) building with plywood per detail El - any non�operable double httng window may be sealed per `fixed' detail below) d. Seal fixed windows at URM building with plywood per detail F/ - e, Note. where window width exceeds 4 -0" (plywood width), splice window protection plywood panels vertically per detail G/ - f, Seal windows at rear wood rramcd addition with plywood per detail H/- 2. Secure doors. (See building elevations on the following pages) a. Verify frame conditions and attachment to structure. Refer to detail G- as required for repair,,. b. Secure existing solid cure (and metal) doors with doable locks (handle and deadbolt), c. Replace glass doors and hollow wood doors with solid core or metal doors, secure with double locks per "b" above. d. � all building entry locks shall be keyed the sante. Wall& (See building elevation on the following pages) a- Verily exterior walls in good condition and able to seal out moh; Lure. 1 Major cracks exist at upper sidewalls (see 'Exterior Envelope Protection plats, next page) shall be sealed per detail I/- b. /b. Any significant architectural elements that have become loose snail be removed. c. Detached elements shall be labeled and stored in a safe place witWn the building. Roof waterproofing/drainage. a. Verify/repair water tightness of roo(ing material, flashing, valleys, etc. b, Verify/repair roof gutters and downspouts, including attachment to structure. 1 Gutters: replace missing sections, vcriry clean, leak free, and have proper slope to drain. 2. Downspouts: (see Fxierior Envelope Proteclion plan) replace missing sections, verify joints intact and drains unobstructed. c. Roof water shall be directed away from structure per item A.5.c. above. 5 Misc exterior items. a. Secure existing basement chase openings with grating per detail .l/ - b. Screen eaves to prevent/eliminatc pest (bird) access. This fax was received by GFI FAXmaker fax server For more information, visit http:liwww gfi.com W �+J From: 8054617612 Page: 10/15 Date: 1/29/2010 3:22:51 PM --t-14TEP-MIZ E►a,ICLOflf �2aTfe.TICW _ JOB WlEallo­­ OALCL4ATRO BY— PT CHECKED By— DATE SCALE W D -ET e Opp" 7 I �4 r4l CIL 4—L + Ike, Nowwr */(, uA tr -m at. (AV i ATIOWAL- GUAMV) This fax was received by GFI FAXmaker fax server For more information, visit: http:lhvww.gfi.com En M From: 8054617612 Page: 11/15 Date, 1/2912010 3_,22_51 PM ....w ealn«.e.wora S This fax was received by GFt FAXmaker fax server For more information, visit http:/A~.gfi.com is 1 T5 From: 8054617612 Page: 12115 Date: 1/29/2010322:51 PM MILM -8 A -q WL 000"M a - -A L This fax was received by GFI FAXmaker fax server. For more information, visit: http:]Avww.gti.com MELM 50 From: 8054617612 Page: 13/15 Date 1/29/20103_22:51 PM _ NOW IC rL nt °p C X k M wl � w � ai o Q From: 8054617612 Page: 13/15 Date 1/29/20103_22:51 PM _ NOW IC rL This fax was received by GFI FAXmaker fax server. For more information, visit: http:ttwww.gfi.com 51 M °p C X k 0 0 This fax was received by GFI FAXmaker fax server. For more information, visit: http:ttwww.gfi.com 51 M From: 8054617612 Page: 14/15 Date: 1/29/2010 3:22_51 PM }O .0g a This fax was received by GF] FAXmaker fax server. For more information, visit: httpa/ww.v gfi.com 52 From: 8054617612 Page: 15/15 _ Date. 1/29/2010 3_22:51 PM JS { This tax was received by GFi FAXmaker fax server For more information, visit http:Jfwww.9fi.c0m 53 1k In .1 t M N ml MI e a U� 91 1L N Q 6 2 ` � 4 O Q 4. j •, rJ r riy M JS { This tax was received by GFi FAXmaker fax server For more information, visit http:Jfwww.9fi.c0m 53 1k In _ From: 8054617612 Page: 1/18 _Date. 1/29/20104:37,43PM e w This fax was received by GR FAXmaker fax server For more information, visit: http:/Avww.gfi.com 54 From: 8054617612 Page: 2/18 _ Date. _1/29/20104:3743PM SHUT NO. CALCULATED BY,,,.-,.... - DATE CHECKED By DATE SCALE --....- -- u & ? 4"%•0- A'Ao'. PZQ'o hpuot7toM lT laSThwU � A-r-o1.t. fu)- Iaft(OWW, f/ hu h-c,au�.dr� M, �N�sW�l. 771 19— tF (e.) wooO aa. tx�mc _ 11 � Oar l k1ke�= G FgtHI- A71'ltt; M' ' � F F-�GarrJ This fax was received by GFI FAXmaker fax server. For more information, visit: http:ltwww gfi.com 55 M From: 8054617612 Page: 3/18 Date: U2912010 4:37.43 PM In Simpson `ET' Adhesive installations: fFrom ICBG report #494M Drill holes with a standard rotary drill bit for use in concrete or masonry, and a standard rotary drill or rotary hammer drill used in 'Matson only mode. Otpact tools shall not be used for dr1111ng or tightening of nuts. Anchor installation procedure; 1) Drill holes per above, the anchor may be installed in the vertical or horizontal mortar joint, or in the brick itself, 2) Clean hole of looxe material with a wire brush. and then blowing the hole clean with compressed au 3) Check epoxy for proper mixture, A uniform gray calor, before using. 4) The galvanized metal screen tube is then completely filled with epoxy and inserted into the pre -drilled, cleaned hole. (Pili screen from bottom to top to avoid air pockets.) 5) T c ASTM A-307 threaded and (pre -bed if applicable) is then inserted into the epoxy filled metal screen tube, turning slightly to insure complete bonding while pushing the anchor to the bottom of the hole. 6) Care &hail be taken to ensure that the anchor bond is not disturbed. until completely cured. $Qin DIA. HUE t1_E DIA. � SMK 1 F AT'L K'� III Clay brick masonry n n n Quality control at aarcbor.installatloaas Qne fourth (25%) of all new bolts • installed in unreinforced masonry walls shall be tested by a heensed sial inspector using a calibrated torque wrench set to a minimum torque of 60 ft -lbs. Five percent (SOK) of all tension resisting anchors mug be tested (min. of two tests requited), Tests must indicate the bolts can sustain a tension load of3000 lbs for a five minute period with an allowable deviation of 10% SPECIAL.J MPEA=fONr Special inspection in accordance to 1CB4 4945 section 2.5, and UBC section 1701, shall be provided during anchor drilling, cleaning, and epoxy installations. An installation report (as set forth in section 2.5 of ICBM 4945) shall be submitted to the building official and project engineer for Approval prior to the application of ledgers, hardware, cto. A4 U&Poeeu. "4AW 'IeO x411 rate. "" -' A { L4'* 'I,L PtCae iiiuR�To M Wh.+. tnKrrt �, � ✓✓ tars uArt Ap atop t b .n ^wr *VIM4Wt , U'E tjkt� wnt wI • ubv Y 6est_T qtr QPri�aG� -0 u911 OA�L This fax was received byGF1 FAXmaker fax server. For more information, visit: httpalw Av gfi.com Own 4 1, From: 8054617612 Page: 4/18 _ Date. 1/29/2010 4:37 43 PM tE).Wl�wd.1 LJEn.I viiaaoW POOTEGTttlr l fo ► (F-) oe*i '%fFiKlt,Wc o MkWr EacT PROTU-Tro wek" F*eR f�1.kt�IF !3 �'•4�.flh'f1t.. �.i1niROl,.I STRG1.)6n Ps/iGiC hou 9 u/ 'Zxx�c°:ia {5 SHAT NO.—. _. — of OAI.CULATEDOY_--... —., DATE CHRCKEDeY .._ DATE — SCALE ..... tE).Wl�wd.1 LJEn.I viiaaoW POOTEGTttlr l fo ► (F-) oe*i '%fFiKlt,Wc o MkWr EacT PROTU-Tro wek" F*eR f�1.kt�IF !3 �'•4�.flh'f1t.. �.i1niROl,.I STRG1.)6n Ps/iGiC hou 9 u/ 'Zxx�c°:ia E. 0.{f G>6ij Pao This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com 57 M M X412' h� .) l ' __ •— — .� ., ' ' �nd LkaRite+4 A"kwP TD (.brei F•�n-r`trr,, ,.c-,,. ;. .� c� {r�P) Tnl,j'� � LAD* ILK&U 05 �<� f LtJ Q ell yl 2,c# �tm�ad p T- G 6 -at Y ,17" Oft "^ �JIw1GG14) ,01.4pow To E. 0.{f G>6ij Pao This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com 57 M M From: 8054617612 Page: 5118 _ Date:, 1/29!2010 4:37-43 PM SWEET OF MOULATED DY DATIR CHECKED FIV DATE SCALE - M) wwpoll =l*"KV,1 13kwwr E.CT Tb FIA F -01r"Irfo -, flb woop 44aw$ (Irwe 440kt" A - (IE) Fly" 14 00 Lit) wloda- .1e.-,\ This fax was received by GFI FAXmaker tax server. For more information, visit http:ilwww.gfi.com CM i From: 8054617612 Page: 6/18 Date: 1 /29/2010 4:37 43 PM $JlWrP" p0.o1ZC'{Id►1 (Phi�r�v� �1�R7-it �t-t Jo>�U no17 �puc.R. Fuu 11-EawKT 2K Eomf SoPPW��'IwrZ 1 PA.1Nreop d '14- fi-Atte- Fe1-e.SE.1� 5-rA-rt �s �a1sA� k:, PRri�t-a` � i i ,roe-.. SHEET NO. CALCULATED BY CHEcNEDeY.--......-- DATE__ Utt: 7'd 0 PL-dlaDoA "'W"t,. -> ui,aaow /r"otk 61tR,, l:3tL.E-i4:p�i 4' o' �Wthk. i �t^rk-R-10� "/wrlc-At40-'Ilw t pp.Ll - " I:; n This fax was received by GR FAXmaker fax server. For more information, visit http:llwww.gfi.com 59 In From: 8054617612 Page: 7/18 Date, 1/29/2010 4:3743 PM JOB __. ���►JnGI7 s SNGET N0. OF_ CALCULATEO 0 DATE CNECKED BY-- 80ALE DATE This fax was received by GFI FAXmaker fax server For more information, visit: http:itwww.gfi.com In ���►JnGI7 . tt� iitR. #y" C-OVe Y p'rP,A �iti7°AgnIf.I N['I� fW-$T'E V fKs I'�.Q ri S=ht C 171. ✓'__., 1.11 wIPA L-1 *to W060 Scow (9ThR. 0- SquAIM _„ rttA-0 ) t Stu%u {kU. .kt?a�Nrr� % tt12K `y�►+. W 1 Nvo w. P rfz, 1 c This fax was received by GFI FAXmaker fax server For more information, visit: http:itwww.gfi.com In From: 8054617612 Page: 8118 _ Oate: 1129/2010 4:3743 PM SH££TNC. 0-- OF CALCULATF,,r) ti3M.i oFPOwWh+� C146CKEDgY .... DATE SCALE i --- T o to ti3M.i oFPOwWh+� 6i DE, uprEix SRM' t .s. i � FYr,Pitw/r. LI°lti E, z -r LIA-L.L klATMPjZF6j This fax was received by GFI FAXmaker fax server. For more information, visit http:/A~.gfi.com 61 rM L J From: 8054617612 Page: 9/18 _ Date: 1129!2010 4.3743 PM JOB BMBETNO. OF. CALCULATED BY DATE CNEOKED BY- DATE SCALE n ° r 6AI7(.t4{W'i' oriw TSI r , ...._....,.. ,1 e/f.. .;4 F�.j X61:. ob•lt:.i.:. li t ovEk G!7 �+w � 4• Y �.. ao.+Ct-r, rf- Foon.�Ml Y F ' y LI''kyVh v'Is' StRLW�, C Gay'/o Aw- $J�core. fiA,r,7+i7 u/ 11. Y�� Z"ilf StC.E:�NR.,s� lMt.6c.^l. 'Ti ro.•.1 st.r o iN'r. thL"r • 9L S7R.ir L, raaA'.Y1..+ay e.fY.." %... �. This fax was received by GFI FAXmaker fax server For more information, visit: http:l/www gfi,com MIM From_ 8054617612 Page: 10118 _ Date: 1/29/2010 4_37:43 PM In terior Measures This fax was received by GF] FAXmaker fax server For more information, visit: http:ihvww.gfi.com 63 rn From: 8054617612 Page: 11118 Date: 1/29/2010 4:37:43 PM 21 C. Interior Measures! I General clears -up. a. Remove interior trash and broom -clean, b. Paint over interior and exterior graffiti. c. Properly protect remaining Rirnishings from dust, pests, ultraviolet light, and other harmful conditions, 2, Temporary shoring (See Interior Measures plan, next page). a. Inspect existing shoring and connection to damaged structural elements. Re -tighten bolts as required. See attached detail K/- 1 Upper floor of main building at southeast wall. 2. Northwest wall of gym, b, Add secondary steel support posts for main trusses at Gym and Pool Room per detail LJ 3. Pest Control. a, Remove all ttcsts/pests from the building interior, attic, and caves. b, hire certified pest control agency (exterminator) to inspect and treat for termites, carpenter ants, rodents, ctc. c. Remove toxic droppings from hats, pigeons and rodents and dispose or accordingly d, Place Adequate screens/barriers to guard against further pest intrusion. 4 Security a, Install battery operatod smoke and fire detectors located as recommended by r the City ofAtascatiero Fire Department. I Active alarm notification shall be made to the Atascadero lire Department. (Tom Peterson, phone 11505-470-3326) b, Install battery operated (motion activated) security system at foyer and as reconvncndcd by the City of Atascadero Police Department. 1. Active alarm notification shall be made to the Atascadcro Police Department. (lim Mulhall, phone 111105-470-3324) S. Ventilation recommendations, a. Install adequate ventilation system to control interior humidity levels, air stagnation, and mitigate excess heat. b. Leave all interior doom; open (brace where required) to allow air movement throughout entire building. 6. Utilities. a. Verify utility companies have disconnected/shuto11' water, gas and electricity b. Drain all water pipes to prevent freeze damage, 7. Mise interior items. a, Interior entry fover tapestry protection. 1 Build temporary metal stud walls at the entry foyer to protect the existing Artwork per detail MA This fax was received by GF1 FAXmaker fax server For more information, visit: http:Uwww gfi.com From: 8054617612 Page: 12/18 Date: 1/29/2010437:43PM SHEET Nb. TIL o'-'—'• - — CALCULATED By _ T) T DATE__ CHECKED 8Y --.. - -- - OhYE SCALE W F,vrT i G�h+t• �. i 7-1 r—+ C2 v. a �J 4S l .1 I ° .6 ('Vvt� Tfwu�itiy _ �"''� yutpeQ.T CaWHw1g This fax was received by GFI FAXmaker fax server. For more information, visit http://www.gfl.com 65 M From: 8054617612 Page: 13118 Date: 1/29=10 4_37:43 PM (t)VO ' r, fn .roe SHEET NO. OF CALCULATCrJ KV DATE _.r _.... CH=KEO 6Y DATE---,�.•...�-,.... SCALE 1 -12+ # 1" LL `� tho(z k w C-11 ,¢auMRS 1. 6x8 I '!✓rRaa6K ?WO This fax was received by GFI FRXmaker fax server. For more information, visit: http:/twww.gfi.com From: 8054617612 Page: 14118 Date. 1/29/2010 4_37:44 PM This fax was received by GFI FAXmaker fax server For more information, visit: http:!/www gfi.com 67 E5 M SHEET NO. .....I A— OF_ CA40ULATBO BV ..___ DA'rE cHECMD BV DATE SCALE This fax was received by GFI FAXmaker fax server For more information, visit: http:!/www gfi.com 67 E5 M TR tai 7 6 .mfi. �FTtAK' A'3f. 51'=- 4Arp it ($" 54)&10"'l .... .. ii,rCL� ti -f �iwna Tr (N 119 41 4 4°HAS 40�urL �V � 0 -PLT-;* � 1011. A° Rrc ` y'ese' k ntN 2r a �(� *vw?,%44 (mw) PTO rAkP' 01.4e 6 FLA 4 -K 'Y 44WAV, 410-) Weop f't.[ 0- %10'9"A 4o' tA--i n**cehye , (4*146a ) a4+wf 'pacN This fax was received by GFI FAXmaker fax server For more information, visit: http:!/www gfi.com 67 E5 M _ From: 8054617612 Page: 15118 pate: 112MO10 4_37:44 PM _ Joe -...... {}{� SHEET NO. OF _ CALCULATED BY DATE OHEOKED BY DATE SCALE This fax was received by GR FAXmaker fax server. For more information, visit: http:]/www.gfi.com on iG tioti .. 'WWW Ham, cnao�. g n P A 2.5 Mp i.LO TnMcac y� d RJR- AI�J. I r lfAAK) f_� �,p ite, '�� iu) r<.ar4Co (na. 2-+,^Jrl.) H7L atuvrati WA" n &(WHL �� VO1 t -W/ ~� IWO A 2" PI.2 _ P+Nl7 0 3s"I/f, 4"l 1 ` f..� f /47V )L GDA + '�L,.r�-N� Q d 4 b P This fax was received by GR FAXmaker fax server. For more information, visit: http:]/www.gfi.com on _ From: 8054617612 Page: 16/18 Date: 1/29/2010 4:37." PM Maintenance Program This fax was received by GFl FAXmaker fax server For more information, visit: http:itwww.gfi.com w From: 8054617612 Page: 17/18 Date: 1/29/20104:37.44 PM M D. Maintenance Prosram: Periodic maintenance (1 3 months). a. Regular drive by surveillance. b. Monthly walk-arounds for exterior, graffiti and vandalism. c. Check entrances and windows for tampering, d. Mow lawns as required. e, linter every (3) months to air out, check for moisture penetration and interior dampness. f Cheek interior fnr graffiti, vandalism and pests. g. Cheek monitoring equipment, battery packs, and exterior motion light bulbs. h. Check attic during storms if possihle for leaks. 2. Bi -Annual maintenance (every 6 months). a. Site clean-up; pruning and trimming to maintain sightlines. b. Gutter and downspout cheek. c. Cheek site drainage and storm drains. d. Check crawispace and attic for pests. e. Inspect integrity of interior temporary wall and roof truss shoring. 3 Annual maintenance (every 12 months). a. Check rooC.tiar.l<ac�se•or•msssi�:p :shi*tgle� ard• :ify w.trs�e>#irg. b Termite and pest inspection/treaty ent. c. Remove bird droppings or other stains from exterior brick wails. d. Spot repair and touch-up paint exterior materials as required. This fax was received by GFl FAXmaker fax server For more information, visit: http:/twww.gfi.com liftw Attachment 4: Darin Traveso's Prevailing Wage Cost Estimate 70 Description ------- _-_ Labor IRate A__ Materials Qt -- - - - ----------- --- --- 1-- ---I -- -- A. Exterior Site $ 1, Fence - $ " Gap below fence place mound to preclude entry _ - $ One dump truck load of road base $ $ 475.00 Ten sacks cement------ $ $ 175.00 Mix cement into base with tractor (not necessarily all at once) place under the t fence, shape, moisten _ 1. _1 600; $ 600.00 Alternative #1 red rock /clay mix (less expensive maybe altered especially when wet) __ 400! i $ 400:00 $ 350.00 __-_ _ _ _ _ _ Alternative #2 seal with 50 50 or pea gravel (these concrete mixes allow a trailer i pump which is less cost than a boom pump) concrete mix, the use of a concrete truck with a chute will create a mess. .am somewhat concerned about splashing on the fence even with the pump hose held into the mix. 81 $ 65.00 $ 520.00 Alemative #3 it could be possible to use concrete only on the skate ramps and for that order a couple yards from a truck eg keep these two tasks separate _ $ -. .--- - ---- - 2. Skate Park--- ------------...�-- $ Weld ears or old chain (existing) onto pipe rail Note should be coordinated with - - welding of roof trusses so khat we jAtq work is efficient 4 $ 85.0.0_ $ 340.00 Break up concrete random work difficult with jackhammer suggest skidsteer or mini excavator with hydraulic Impact breaker for one da $ Haul off broken concrete (could be coordinated with dump truck which hauled in the I ravel/base above) $ Suggest: weldor use torch to cut 'rail'from concrete Note: should be coordinated with welding work 11 $ 85.00 $ 85.00 _ _ Suggest: if fence work gap is sealed with concrete using a concrete pump and two finishers (one on each side) with floats to shape the berm, addt'I random (waste) concrete could be piled / draped over some of the surface of the ramps (eg random l I speed bumps) to assure the material sticks, a previous effort with a qty of powder I I actuatedpins would act as dowels -- _ - - - _ _ _- 5 $ 65.00 $ 325.00 ; 800.00 3 Existing Vegetation $ Tree trimming trim branches, remove trees and shrubs 16 $ 65.00 $ 1,040.00 Possible community service hand work job or workers cut and pile up and use backhoe to place into green waste dumpster (Coordinate backhoe with placement of gravel under fence) $ _ Mow lawn, discard any trash found_ _ _ 8 $ 6M_9_9 $ 520.00 - Suggest: defoliant on grass in the asphalt on property then once dead, clear off with shovel. Grass in asphalt cracks expedites demise 2 $ 65.00 $ 130.00 $ 120.00 4 Illumination $ _ Install 9 solar charged motion lights $ $ 125.00 9 Drill mounting hole(s) in mortar mpt brick, suggest consider using SS fastener to minimize streaking of brick 10 $ 6600 $ 650.00 $ 40.00 Suggest: for max efficiency coordinate installation when man lift is on site for - window plywood sugest assure lights can be serviced by standard extension ladder by astutely locatinso $ 5. Misc exterior items Remove mist kitchen appliances place In dumpster and allow for disposal fee when trash hauled off, suggest coordinate with backhoe onsite 4 $ 65.00 $ 260.00 $ 120.00 BBQ and cover suggest fill fire pit with sand 5 $ 65.00 $ 325.00 $ 200.00 Downspouts after lawn is mowed, install plastic downspout extensions to lead water away Suggest marking location with old piece plastic pipe stake to warn Subsequent mower operator - -- - 71 $_ 6.5.00_ $ 455.00 $ 75.00 Gutters suggest gutters be Inspected while man lift is on site may need to rent a water wagon trailer with pressure pump to wash out debris and clean up as necessary (AIN), then dry out and apply sealant to any open joints 16 $ 65.00 $ 1,040.00 Downspouts procure and install missing d/s sections 10 $65.00 $ 650.00 $ 400.00 Insulate pipes although not absolutely necessary to insulate pipes that were drained, in the event drainage was not possible due to configuration, insulation would be advised ---- `-_ - _ $ 65.00. $ 260.00 $ 100.00 T4 71 cm En Description Labor Rate Materials 4i B. Exterior Envelope _ $ 1 Secure windows $ _ One week for 60 foot manlift rental with rotating basket Window frame temp secure Likely a problem with the windows in the masonry walls surrounding the two sides of the gym I dance hall. Suggest pushing window back Into position (if possible). Carefully drill hole in jamb above (weighted) rope pulley Thru hole, drill into masonry and install a smooth steel dowel to act as a pin which can be removed when necessary If window cannot be opened to simlarly I accomplish same at base, install rail from adjacent wall to opposing adjacent wall to preclude movement. Rail could 2x6 or 2x4 or 12 or 14 gauge angle. $ Suggest: Store in builing broken entire window, (now found laying brokenldamaged on gym floor) by jacketing with 2 sheets of plywood (crate loosely) to contain places and lean against wall, Jabel outside of plywood to annote contents and date Install plywood note all inside activities such as tapestry f mural cover clean up, — secure doors from banging, drain pipes, etc etc should be done before this step other; these tasks will require temporary lighting since once plywood is on, inside building will be very dark $ Plywood is available at 5' by 9' for 4'6" wide windows to save on splicing, plywood is exterior grade and plugged and sanded. Suggest: Painting of plywood prior to installation perhaps the color of the existing windows would provide better f appearance and is more efficient use of painter time, edges can be painted & plywood will last longer _ $ _ Alternate: polycarbonate sheet is vandal resistant and can be installed to allow light into the building which wiii greatly facilitate inspection of the inside by allowing natural light. While the sheets may be more expensive than plywood, the light will be of f benefit. Amount for partial sheet poly — `—_ $ $ 1,500.00 Rounded Avg 1.5 mhper window, 69 windows—� 96 $ 65.00 $ 6,240.00 $ 60.00 Rental 60' boom lift per week, deliver, fuel, rental $ $ 2,200.00 a 2. Secure doors $ Suggest three doors be repaired 1 addressed to allow entry on lower level and one door on upper level as follows. $ Mill finish AI store front door facing West Mall remove glass, install aluminum 3116 sheet, add stitfnrs near bottom and in center repair door lock and add visible chain and tock from outside 4 $ 65.00 $ 260.00 Brass clad doors on Oimeda Ave blank off to provide protection (no access to building here) 8 $ 65.00 $ 520.00 $ 350.00 Double flat panel painted wood doors facing skate park doors pose a problem as they open in and this makes them susceptible to cross grain failure of hinge jamb. .exisitng door could be glued and repaired and then wrap jamb on both doors with four or five pieces of p tape to provide support for frame may need to blank off and avoid access here or see Altemate. _ 6 $ 65.00 1 $ 390.00 Alternate#1 change doors to swing out, metal frame, metal door with jambguard and Locks if repair does not suffice --------- ... —_._.-- --- — ----- .. _ ..------ ----- --1— $ teCv- Alternate #2; install chain link gate with two posts into concrete gate would ward off kicking the existing door which could then be repaired, gate could be locked with a visible chain and padlock 4 $ 65.00 $ 260.00 $ 560.00 Mill finish store front doors facing skate park similar to other —41 $ 65.00 $ 260.00 $ 100.00 Suggest alternative screw sheet of gaiv sheet metal to exterior of door frame with anti tamper screw, back up sheet metal with plywood and filler blocks from Inside. This renders future use of door unlikely repairable due to screw holes i $ _ Other doors blank oHwith plywood, suggest cladding plywood with sheetmetal as _ necessary _ — 16 $ 65.00 1 $ 1,040.00 $ 700.00 $ 3 Walls g Coordinate when maniift available Cracks due to earthquake (large obvious size). Obtain froth pack for closed cell foam (not open cell foam) and inject into crack. Use duct tape to prevent excess foam from contaminating exterior surface of crack. i Suggestusing rope caulking to preclude excessive ILIMS of crack. 16, $ 65.00 $ 1,040.00 $ 450.00 Coordinate when manfift available At eave inspect each rafter and rafter bay for loose accessory detailing and remove AIN and store inside to marked and dated crate i $ 72 Description Labor Rate ,_- Imaterials Qt 4. Roof _ Coordinate when manlift available. Inspect roof and caulk seal / repair flashings / cover damage vents I check for screens ballpark estimate here _ 24 $ 65.00 $ 1,560.00 $ 500.00 Gutters and downspouts see section1, item 5 above- _ --_- 5, Basement access and crawlspace access $ Provide and install metal grates at all openings coordinate with weldor 10 $ 85.00 $ 850.00 $ 650.00 -.... $ C Interior Measures— _-._- $ -�-----f- t 1 General cleanup crew with brooms and trash buckets, recommend wearing masks and misting to minimize dust from sweeping, should be completed prior to covering windows. To accomplish cleanup In basement, a generator and some temp lights will be greatly useful. Load into dumpster and haul off to landfill 32 $ 65.00 $ 2,080.00 $ 550.00 Paint over gaffiti using primer sealer or plain paint $ 2. Temporary shoring Install 9 tube steel columns note suggest using care to install tube then attach heavy plywood shield with a strong clamp temporarily while workers attach base to concrete $ _ GLB column $60. Tube steel 4" $150 ea for the tube 32 $ 65.00 $ 2,080.00 $ 1,500.00 --___---.-_._,..---------....------------------ --- - $ — 3. Pest Control Pest contract may require montMy co roc^ Bird Screens? Maybe not needed at this time. When work is done, inspection for nesting and bird droppings should be noted. $ 4. Security contract work to specialist. May require monthly contract $ 5. Ventilation. Suggest some of the window plywood could be installed with small i spacers behind the plywood and the screws slightly longer or intentional rectangular slot in the plywood covered with 114 wire mesh. These items strategically located where windows are operable in the summer open more of the windows, in the winter minimal windows to be opened. 'Ventilation windows' so designated would be easy to discern as the sunlight would be observable in the vent port. 8 $ 65.00 $ 520.00 $ 500.00 — $ 6. Utilities $ Coordinate with the utilities such as electric, gas, and water to assure proper disconnection such as electric deenergized at the street connection box (to allow no live wires on the property), water to be possibly cul off at the main, gas to be crimped off at the property line, etc. These activities to be directed by the responsible utility but there may need to be some site assistance (coordination or potholing) etc.. i Recommend all contacts somewhat be formal in writing and record of disconnection on file. Guesstimate 24 $ 65.00 $ 1,560.00 Sewer pipe may be required to be capped at the lateral since traps will be dry and sewer gases may enter. $ 7. Protection of artwork / murals i - $ Construct partition wail (close to mural but not contacting mural) such that mural - can be protected but'hidden' space is contraindicated, then clad with 3/8 plywood i 1 framing attached to with screws r - 321 $ 65.00 $ 2,080.00 $ 500.00 Column Total ..--- - - - ----- - -- - --- - — - - .. - .--- -�— �- $28,340.00 $13,090.00 15% office overhead, some supervision_ $ 4,251.00 15% materials --� $ 1,963.50 Sum - $ 47,644,50 73 En M cn In Attachment 5: November 11, 2009 Atascadero Historic Society Pledge Letter From:8454617612 Page: 1/1 Date: 11/20/2009 12.23:59 PM el ,� 3Atascadero Historical Society Post Office Sox 1047 Atascailem, C01ornis 93423 Phone (80$) 466.8341 A Non -Wit CoripOMUOn - ADMINmTNATION •UILDING CALN4►NfA RTwTR MIATC11Kµ LANQMAAR XUN[1UA H4 IAT[M IM NwTfOXAI 1f[OfATrr of M10TOAICwI PL^Cti Atascadero City Council 6907 El Camino Real Atascadero, CA 93422 Dear Council Members November 11, 2009 Veterans Day As you know, the preservation of our City's heritage is the mission of the ,Atascadero Historical Society This specifically includes the remaining original stntctures erected by city founder E.G. Lewis, We ate very concerned about the state of the I" building erected in Atascadero which is in the heart of the designated Civic Center and the economic engine that brought Atascadero to life, namely the Printery The Printery literally put Atascadero `on the map' It has served many noble purposes including endowing the city with nearly $5,000,000 of FEMA funds towards our youth center (which is of course of tremendoa va.Lue.aud .brne£lt to our citizenry). Unfomuiately, this last event has left this iconic building mortally wounded, dying a slow death within its grounds.that evermore resemble an abandoned cemetery The economie-rtoms envvlopit'.,&.the Printery. adds.inmili 10. injury and like a leper is shunned and ignored by passers by waiting to be out of sight and mind of it. The Printery deserves the best that we can give it in order to share its rightful place in Atascadero. We understand that the Printery is also a political football, nevertheless we must move forward and preserve our heritage. 'Therefore, the mtascadcro Historical Society hereby gives notice that we support the city's position of mothballing the Printery as soon as possible. The Society requests that $50,000 be allocated for that purpose and we proudly pledge $10,000 in assistance. The Society recommends that the City's allocation be sourced from any and all discretionary funding, municipal and/or redevelopment agency, which does not impact public safety budgets. Yours truly, Thomas E Lewis, l" VP/Jlam7$R,+'ilkins, President This fax was received by GF] FAXmaker fax server. For more information, visit http://www.gfi.com 74 Attachment 6: Grant Deed showing ownership by of Atascadero Printery LLC RECORDING REQUESTED BY Cuests Title WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: Atascadero P.riwzy 6205 Alcantara Atascadcro, CA 93422 ORDER NO. 807136 ESCROW NO. 404239-W'K APN: 029-331-003 Lii JULIE FJODEWAL030rms $an luit abigw county —clow"ecordttr 8i00 Am aaweNd 0 Me -oast ettd'do'itll$ Company TONT. 1 ptrYec 2 soca 20DO16V2 10.18 Fees Cent ` PAMtilitiII111,111 $10-00 CORPORATION GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s>: Wr FUJW DOCUMENTARY TRANSFER TAX is: Tcaxisfer Tax CITY' TAX ❑ Momunent Preservation Pec W Omitted s • computed an Evil value of property conveyed, or ❑ computed on full valva kas value of liens or anon *nuxos mmaining at time of sale. • Unincorporated. area: 0 City of Atescadero, and FOR A VALUABLE CONSIDERATION, rcccipt of which is hereby acknc wWgcd, Atascadero Temple Assoeiationt, a Cal fomis Corporation hereby GRANT(SS) to Atascadero Printery, LLC, a California Limited Liability Ompany the following descnUd ttal property in the City of Atascadero, Courcy of San Luis Obispo, Stage of Cahfuraia: AS TO AN UNDVaDW I% II nRBST LEGAL DESCRIPTION ON EXHIBIT A " ATTACHED HERETO AND MADE A PART HEREOF DATE: August 26, 2005 STATE OF CALIFORNIA } ) ss. COUNTY OF sr3 rrrrc rmTspn } On 3/2/0,6 baforc me, M pmonally appcamd DIXIE MA=N AND r EEM A- T_L>Itf]M peraooaily known to me (oft proved to me on the basis of satisfactory cvidence) to be the penon(s), whose muno(s) klaze solmribed to Ow within imbumant aid odowwledgad to me that IWAN my executed the same in hisAwhite'u authorized ospacity(ies), and that by hisftwhitair siguattue(s)Yxial a msuumemt the persoo(s) rn the entity upon be of which thes) acted, executed die Inst vaunt. W17NESShS�a wid Hal, Srguanuc _, �✓t 75 Atascadcro Tcmpic Association, a Califamia Corporation By: G'1C bebra A. Lorden, Secretary By:✓,.. Dien, Vice President �ff EX �r.r "a •a (Mis sm for eiftiat notarial awf) nj on Van Attachment 7 Deed of Trust showing control of Atascadero Printery LLC Page 1 RECORDATION REQUESTED BY [fiesta ''Title Co. WHEN RECORDED MAIL TO: Horhasa Oaks Soak 546 Twelfth Street Pro Rabies, CA 43448 JULIE LO S % CierlV%wrder 31IM06 Recorded M Ike temso of 8:60 ANI COWS Title Company D O Cts 2006DI6273 T1111W., 3 P"ax 11 Fast 1Jj1111111111111 OTaxes lltsrt 95.0111 .101) SEND SEND TAX NOTICES TO: PAID $61.06 Afaecadero Printery, LLC 6206 AlaerretsAverom Atssaadaro CA 93422 FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is doted March 2, 2006, among Atest.adero Printery CLC, a California Limited Lsabiffty Company ("Trustor"); Heritage Oaks Bank, whooer address is SLO-Madonna Brands, 267 Madonna Road, San Luis Obispo, CA 83406 (referred to below sometimes as "Lender" and sometimes as `Sefterffoiary"), and Heritage Oaks Bancorp, a Calitcarnia Corporation. whose address is 546 Twelfth Strout, Paso Robles, CA 93446 Ireferrod to bellow as "Trustees'). CONVEYANCE AND GRANT. For valuable cortaidwatim Trustor inavacabfy grants, transfers and assiige , to Trustee in trust. with peww of swo. for the befso t of Lender as 9aosorecay, an of TrLwor's right, tilts. and imovest in and to the htlktw:ng described real property, together with e@ existing or subsetruently arected or affixed buildings, improvements and fixtures; alk easements, rights of way, and appurtenanoos; all water, water rights and Mich lights finaltrOntg area in utWilos with dhah or irrigation' rightal: and all outer rights, royalties., and profits tilsting tc the root property, in0ivding. wittwut Sntitation all minerais, os, gas, goo'drarmal end similar msttrrs, (tete "Real Property ") located in San Luis Obipso County $tote of California: Saes EXHIBIT "A" which is attached to this Deed of Trust and made a Part of this Dead of Trust as if fully set forth borain. That Real Property or Its address b commonly known as 6381 Olensda, Aumseadoro, CA 93422, The Assassor's Psrod Number for the Road Property Is 429-331-003, Trustor "saintly saaigns to Lander toiso krwwn as aoneflaksry in tris Dead of Trust$ all of TTuamr's right. Otis. and interest in and to ell Present and future leases of dee Property mod ail Rowton atom the Property, This is an obsokrre esalgnment of Rents made in connection with an obligation secured by feel property pursuant to California Civil Code Section 2936. in addition, Trustor grants to Lander a Unlearnt Commercial Code security intoreat in the Persona Property and Rams. THIS DEED OF TRUST, 04MUCOO THE ASMWENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PMoNAL PROPERTY, IS GIVEN To SECURE LAI PAYMENT OF THE INDiaTI ONESS AND nal PERFORMANCE OF ANY AND ALL 06LIGATIONS OF THE TRUSTOR UNDER THE MOTE. ME RELATED DOCUMENTS. AND THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN ANO ACCEPTED ON THE FOLLOWING TERMS: PAYMILT't1' AND PERFORMANCE. Except as otherwise provided in tree Dead of Trust Trusear starl pay to Lender all amoerns secured by this Dead of Trust as they betoma due, and strap strletty and in a timely manner perform all of Ttustor's obligation tw4w the Nate, this Deed of Truest, and the Ralated Documents, POSSESSION AND MAKrEMANCE OF THE PROPERTY Trustor agrees that Trustor's possession " use of the Property shall be governed by the follow" provisions: Perssession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in poaaession and conrroi or the Property:. f2) use, operate of manage the Property; and til collect the Rants from the Progeny. quay to MakmaM. Trust*( shell maintain eras Property in tsrsntable condition and promptly perform all repairs, neplacoanants, and maintenance noeesaary to pfaserve its values. Compaartaa Whet Envirrstromwrfsi Laws. Trustor, represents and warrants to Lender that: 01 During fns period of Trustor's oewnershlip of the Property, atone has been no use, gonatation, manufacture, storage, treatment, disposal, release or threaterwd Toleasa of spry Ha ordaus SiAms ee by any person on, under, about or from the Property: 121 Truator has no kn owsoage or, or ramort to bebsve that t1we has basn, except as previously disclosed to and acknowledged by Lander fn writing, tsk any tir"ch or violation of any Environmental Laws, Ur,) any use, generation, manufacture, storage, traatmanL disposal, rewaa or thraoterrod ralesse of any 76 Attachment 8: Deed of Trust showing control of Atascadero Printery LLC Page 9 Loan No: 21219 DEED OF TRUST (Continued) Rabies, CA 93448 and any substitute or successor IN04*11.. Trustor. Tire word 'Tratetor* means Atsscadero Printery, LLC. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVN NS OF THIS DEED OF TRUST AND TRUSTOR AGREES To its TERMS:, INCLUO M{i THE VARIABLE RATE PftOWHONS OF THE MOTE SECUFIEO BY THIS DEED OF TRUST TRUSTOR: ATASCAiDERO PRINTERY LLC a art. M of Ata ro LLC By. IL r Door M6antriarAIRSCAMro ry, CERTIFICATE OF ACKNOWLEDGMENT s'TATE OF Califomia } f FS COUNTY OF San Luis Obispo On July 77, 2007 20before me, M. Schneider, No,aa Public ]hem insert name and 1111* of the officer) personally appeared Kelly Gearhart, personeRy known 14 me (or Proved to me on the basis ot' satisfactory evidence) to be the parsons) whose name(*) ietare subscr bbd to the within Instrument and ecknowlodigad to me that hatshehhay executed the senna In hielherithair euthotUad cepacity(iea). and that by hisJwrltheit signatum(s) on the instrument the persom(s), or the entity upon WWI of which the persons) acted, emmuted the WWrurnant. ME. SCHNEIDE Commission •1830820 WITNESS hq'herrd and o Deal. Notary PWA K SAN LUIS OBISPO COUNTY 9 fA G.� s50E9MJM'Y 14.2410 slgnahne (seal) 77 In Attachment 9: March 2006 Grant Deed to Atascadero Temple Association GRANT DEED TAB UNDI~RSIGNED GRANTOR DECLARES THE CONVEYANCE OF THE HEREIN DESCRIBED PROPERTY IS A GIFT TO GRANTEE NO DOCUMENTARY TRANSFER TAX IS- DUE For value received, the City of Atascadero, a California municipal corporation ("City') grants to the Atascadero Temple Association, ("ATA') all that certain real property situated in the City of Atascadero, County of San Luis Obispo State of California, described on Exhibit One attached hereto and by this reference incorporated herein ("Property") Subject to all matters of record. It is expressly made a condition hereof that: 1 ATA shall hold the Property as lots and parcels as currently configured within the contemplation of the Atascadero Municipal Code ("Code") and the Subdivision Map Act of Ste State of California ("Map Act"); 2. No action will be taken by ATA in violation of the zoning of the Property or the Map Act, The main Printery building shall be preserved for a minimum of twenty (20) years; 4. Design approval is required of all exterior work by the Director of Community Development; 5 The interior murals created by E.G. Lewis staff artist, Ralph Holmes, between 1417 and 1923 must be maintained; The building must be occasionally made available and open to the Public no less than annually 7 Any design, including elevations of any project, must be provided to the City of Atascadero; on W JULIE RODEWALD Lo San Luis Obispo County—ClerWilecorder 3/0812006 RECORDING RE(�VESTED BY TITLE Recorded et the request Of 8:00 AM CO, Cuesta Title Company AAIUEtiSTA REN-nrUI DED MAIL TO --' ooca 2006016271 Titles: t Pages: Q Atascadero Temple Association 15 as Atascox adero CA93423-0715 �I���IIIII�II�I�IIt1I��I�IUII�llll Texas Others 0.00 0.00 PAID $ (Space Above tine for Recorder s Use Only) GRANT DEED TAB UNDI~RSIGNED GRANTOR DECLARES THE CONVEYANCE OF THE HEREIN DESCRIBED PROPERTY IS A GIFT TO GRANTEE NO DOCUMENTARY TRANSFER TAX IS- DUE For value received, the City of Atascadero, a California municipal corporation ("City') grants to the Atascadero Temple Association, ("ATA') all that certain real property situated in the City of Atascadero, County of San Luis Obispo State of California, described on Exhibit One attached hereto and by this reference incorporated herein ("Property") Subject to all matters of record. It is expressly made a condition hereof that: 1 ATA shall hold the Property as lots and parcels as currently configured within the contemplation of the Atascadero Municipal Code ("Code") and the Subdivision Map Act of Ste State of California ("Map Act"); 2. No action will be taken by ATA in violation of the zoning of the Property or the Map Act, The main Printery building shall be preserved for a minimum of twenty (20) years; 4. Design approval is required of all exterior work by the Director of Community Development; 5 The interior murals created by E.G. Lewis staff artist, Ralph Holmes, between 1417 and 1923 must be maintained; The building must be occasionally made available and open to the Public no less than annually 7 Any design, including elevations of any project, must be provided to the City of Atascadero; on W City maintains the right to enforce the conditions of the deed restriction 79 8. ATA shall hereafter keep and maintain the Property in good condition and in compliance with the Code; The above -listed conditions ("Conditions") shall not be amended in any manner or terminated neither without the prior written approval of the City nor without the recordation of any such approval by the City The Conditions shall constitute covenants running with and binding the land. Accordingly the Property shall hereafter be held, sold, conveyed, mortgaged, encumbered, leased, rented, used, occupied and improved subject to the Conditions, all of which shall run with the Property and shall be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns. The Conditions shall be un subordinated. The City shall have the right to enforce the Conditions. In the event of any such action to enforce the Conditions, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation, attorney's fees, discovery and expert costs and fees, and court costs, as awarded by a court of competent jurisdiction. If the Conditions are at any time violated, the City may exercise its power to terminate this Grant Deed in accordance with applicable California law If the City exercises its power of termination, all title and interest in the Property transferred by this Grant Deed shall revert to City and the interest of ATA in the Property shall revert to the original undivided 1 % interest. Dated. 6 -Qf 2005 City ��ojjfA,,ta��sscadero ry� By- Name: y Name: Title. Atascadero Temples Association By Name Dixie Martin Title --Vice President � BY: !` -�'`'zya r Name: Debra A. Lorden Title Secretary In cm Attachment 90: California Building Code (CBC) Sections Regarding Vacant Buildings ADMINISTRATION sanitary or heating facilities or other essential equipment required by this code, or because the location of the sure turc constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons occupied contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for humanhabitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to beanattractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the may collected by any 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such noti cc and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3 If the notice pertains to equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108A Placarding. Upon failure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec tive equipment a placard bearing the word 'Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code offi- cial, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any stricture or part of a structure has fallen and life is endangered by the occu- pation of the structure, or when there is actual or potential dan- ger to the building occupan those in the proximity of an structure because of exp ves, explosive fumes or vapors the presence of toxic es, gases or materials, or operation defective or dan us equipment, the code official is hereby authorized aa0empowered to order and require the occupants to vacate premises forthwith. The code official shall cause to bg BoTed at each entrance to such structure a notice reading as ows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official. It shall be unlawful for any person to enter such structure except for the purpose of the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of; emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate structure is or was located for the recovery of such costs 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any .structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107 1103 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the 20W INTERNATIONAL PROPERTY MAINTENANCE CODE® Code section that apply to the Printery a 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the vio- lation shalt be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, cor- rect or abate such violation, or to require the removal or terrni- nation of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.4 Violation penalties. Any person who shall violate a pro- vision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation con- tinues after due notice has been served shall be deemed a sepa- rate offense. 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, cor rest or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con- duct, business or utilization of the building, structure or pre- mises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the code off - cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given, in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3 107.2 Form. Such notice prescribed in Section 107 1 shall be in accordance with all of the following: 1 Be in writing. 2. Include a description of the real estate sufficient for iden- tification. 3 Include astatementof the violation or violations and why the notice is being issued. 4 Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro- visions of this code. S. Inform the property owner of the right to appeal. 6. Include a statement of the right to file alien in accordance with Section 106.3. 2066 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRWIQN 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1 Delivered personally - Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicu- ous place in or about the structure affected by such notice. 107 4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been com- plied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledg- ing the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure, 108.1.3 Structure unfit for human occupancy. A struc ture is unfit for human occupancy whenever the code offi- cial finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, Fn Attachment 11 October 3, 2006 Printery Maintenance Letter to Mr Gearhart 05 October 3, 2006 Kally OQUhut 6205 4XQ�p Avez>ue Atascadero, CA 93422 CC►IvIAiLT.NffY DEVEI)OPTUENT DEPARTNUNT RE. Atascadero Printery Inspection Dear Mr Gearhart Thank you for taking the time on September 28, 2006 to allow the City to inspect the Printery building. As you are aware, the City recorded the following deed restriction against the property prior to the transfer. Printery Deed Restriction 1 The Prop ertyshall remain as lots and parcels as currently oonfiguredwith the contemplation of the Atascadero Municipal Code (code) and Subdivision Map Act of the State of California (Map Act). 2 No action vdll betaken bythe property in violation ofthe zoning ofthe Propertyor Map Act. 3 The Printery shall be retained and restored. 4 Design approval is required of all exterior work by the Community Development Director 5 The interiortap estryshall be maintained 6 The building must be o coasi on ally m ad e available to the publicno less than annually. 7 Any design, including elevations of any project, must be provided to the City of Atascadero. 8 The property owner shall hereafter keep and maintain the Property in good condition and in co mp Iia n ce with th e co de. During the inspection it was evident that vandals had entered the building and caused damage including broken windows and graffiti. Consistent with deed restriction N8, the City requests that you secure the window opening next to the fire escape to prevent future entries rrdo the building protect the tapestries from damage (see attached picture) Your prompt attention to this is greatly appreciated. 0V EL CAMTNO REAL. ` Aj4U A , CA 93412 ■ (805) 461.5UH - FAX 017612 In t`ITI oF!"iTA'SCADER4 IMIMTIT i r E"=, rll=TTr EY 1,r*MIMTT P<6.1e 7T_ Please contact me at 470-3402 if I c an be of assistance, or if you have questions re gardmg this letter. Sincerely, Warren M Frace Community Development Director GG rr bui,5M." M, 101ruou P EW100 WftyhaMcdv>p=1t CDD Umspand,emeNLeuersUtmLery Gesihfft 10-3-04 vn f.doc r3 Attachment 12: December 5, 2007 Printery Security Letter December 5 200-' Kelly Gearhart 62.0i Al!;catimA.Ayequje Atascadero. CA 93422 F.E. Atascadero Printers Historic Security DearMr. Gearhart: I am writing as a follow-up to our December 4 2007 meeting regarding the Printery Building security First of all, I would like to thank you and Tv Green for taking the time to meet with IN ade McKinnev John Couch and m-,Iself. As we discussed, vandals appeared to have entered the building over the week -end of December lst and caused damage to a number of historic windows in the buildings. During the meeting, everyone seemed to agree the building needs improved securitN to prevent any future damage from occurring. Staff is recommending that the building be secured consistent with the Secretary of the Interior s Guidelines for Preservation of Historic Buildings, specifically Preservation Brief 31 regarding Mothballing Historic Buildings (see attached). Specifically the document provides recommendations for protecting windows, securing doors and installing alarms on pages 8 -10 There was also a discussion regarding an area under the fence where the vandals have apparently entered the site. You indicated that this will be filled in, which the City supports. The mothballing steps and minor grading to secure the fence line can be done immediately without any permits from the City If you have any questions regarding this letter, please feel free to contact me at 4-10-3488 Sincerely 'Warren M, Frace, Community Development Director C4:: Ty Gruen, PO Box 3835 San Luis Ubi-po, Cl', 93402�-3S35 IV McKinne, 1. Lewis J. Couch K. Stone B. pierl- A -'ationlki.M Pr�. e -i-,ybzj' cdv1prmi pre M RLN's 'Olt P1=r—Jz- noci*'- PP%' '-�Mtplzn RamlzarctpfiverY Gearhart zzlhbeh�; I'd ,4 - " -=f—ftC CM F -M Attachment 13: January 10, 2007 Printery Maintenance Letter to Mr Gearhart r K�A 1 .,. *Ct?hiIt2LTNITY i]ErEL�?PISiEP�T DEP�iI`ThiEhIT January 10, 20 07 CERTIFIED MAUL 7006 0100 0003 9115 8 dU 0 Kelly O.e.arhO4 62Q5A1ca AvJAW. uae Atascadero, CA 93422 RE. Atascadero Printery Building Nlaintenance and Protection Dear Mr. Gearhart. I am writing as a follow up to our phone conversation this morning canceming the broken windows at the Printery building. The City is concerned that the broken windows could cause additional weather damage and W further vandalism of this Historic National Registered Building. The City is also concemed about the possibility of damage to the interior tapestries Tke City is requiring all broken windows to be repaired or boarded up in the next 14 days (no later than January 25, 2007). The City is requuYng this action based on Deed Restriction 98 that, states the property must be kept and maintained in good condition. Although the Deed Restriction identifies the Atascadero Temple Association as the responsible party the document later states that these conditions run with the land and are binding to all future owners Once the repairworkis completedplease contactme for afollow-up inspection. Printery Deed Restriction 1 RTA (Atascadero Temple Association) shall hold the Property as lots and parcels as currently configured with the contemplation of the Atascadero Municipal Code (code) and Subdivision Map Act of the State of California (Map Act) 2 No action will be taken by ATA in violation of the Zoning of the Property or Map Act 3 The Printery shall be preserved for a minimum of twenty (20) years 4 Design approval is required of all exterior work by the Community Development Director 6 The interior murals created by E G Lewis staff artist, Ralph Holmes between 1917 and 1923 must be maintained. 6 The building must be occasionally made available to the Public no less than annually 7 Any design, including elevations of any project must be provided to the City of Atascadero 6.907 EL COHNO REGAL CA 93422 ($05) 461-600f1 FAX 4617612 M " CITY OF A,TASCADERO C01-AMM-TITI rLIVELOPMENT DEPAIUMEUT PPNALj4-0142 Pdrtern febonry 16 2:1117 Page ,+ --12 8 ATA shall hereafter keep and maintain the Property in good condition and in compliance with the code Your prompt atterrtaonto this is greatly appreciated. Please contact me at 470-3402 if I can be of assistance, or if you have questions regardsngthis letter Sincerely, Warren M Frace C ommunity Development Director cc W.ItitcFsne}* J Lewis M. TMwM K. Store P.MT%K CM ,i • Attachment 14: January 26, 2008 Printery Time Extension and Mothballing Letter I ("ADERO IT u S Y fl ATA Won COMMUNIT� DF-VELOPMENT DEPARTMENT June 26 2008 KellyGearh4n 6205Alcantara Avenue ......... . . ..... ..... �W.. Atascadero CA 93422 Certified Letter- 700S, 01_0 0000 0480 2766 RE. Atascadero Printery Time Extension and Mothballing Dear Nfr- Gearhart. I ani writing in response to vour June 3 2008 letter requesting a time extension for building permits 2006-061'9 and 2006-06180 (attached). As vou are aware, building permits are subject to expiration if there is no acti-6ty for more than 180 dans- According to our records, the last activity on the permit was on December 18. 200" when the Citv issued Plan Check Corrections on the Printen- Staff and the City Attorney have rekivvved vour time extension request and are -,-,illing to grant a 180-dav time extension contingent to the building being secured. consistent with the Secretary of the Interior s Guidelines for Preservation of Historic Buildings specifically Preservation Brief 31 regarding Mothballing Historic Buildings (see attached) Specifically the document provides recommendations for protecting windows, securing doors and installing alarms. The City is requiring the mothballing because the building is listed on the National Historic Register, has been subject to vandalism- and the Cite s deed restriction requires the building to be kept in good" condition. The City Council has directed staff to provide a report on the status on mothballing the Printery on the August 12. 2008 Council Agenda- Staff would like to coordinate with your consultants on developing a mothballing plan for the building before the Council meeting. A mothballing plan will need to be approved by the Citv prior to any work- occurring on the Printery -1-1 — _� .'":. ­ __1 - ­­ , X- T Tn: -r--; Z> — 69V EL C-A-NUNO RF__U C7,i 93422 (81)5) 461 5000 FAX 461 '!612 M CTTOF ATXSCADERO, COMMUNITI DEVELOTMINT DEPARTMENT MarzrV - 2 P6 0 F C f Feel free to contact me at 4`0-3402 to discuss the mothballing plan further- Please keep in mind that the time extension will be contingent on the mothballing of the Printen- Sincerelv V, arren M- Frace Communiv,-Development Director cc: T Crr*eoP0Box 3U San Luis Obispo, CA 93453-383 Amon Hi=hla a 4MArchitazts, Pier 9 The Embarzad-fo,SanFrancisco CA 94111 Darin Travers. o 11-4 ? Rolfe Lzn&, Te=platon, ai, 9345? IV McKinney I Lewis S. -McHarris K. Forman B. Burns j JUDIall K. Stone 7 Paterson. B pieril Atta.nment: jnne pre s ary ati MnBrie, 31 Cn 59N Attachment 15: June 26, 2008 Printery Time Extension and Mothballing Letter 2 j - IF ATASCADERO Qe Xr UITY COMMUNITi DEVELOPMENT DEPARTMENT Jurie26 2008 FellyGearhart 6`10 - Alcantara Avenue Atascadero, CA 93422 Certified Letter -'7008 0150 0000 0480 2766 RE. Atascadero Printer:- Time Extension and'-NIGthbaRing Dear l)& Gearhart - I am writing in response to your June 3 2008 letter. requesting a time extension for building permits 2006-06119 and —1006-06180 (attached). As vou are aware. building permits are subject to expiration if there is no activity for more than 180 dates According to our records, the list activity oil the permit was on December IS 200, when the Cite issued Plan Check Corrections oil the Printery Staff and the Citv Attorriev have reviewed tour time extension request and are willing to grant a 1 80-daN, time extension contingent to the building being secured- consistent with the Secretan of the Interior s Guidelines for Preservation of Historic Buildings specifically Preservation Brief 31 regarding Mothballing Historic Buildings (see attached) Specifically the document pro -.ides recommendations for protecting windows, securing doors and installing alarms. The City is requiring the mothballing because the building is listed on the National Historic Register, has been subject to vandalism, and the Citv s deed restriction requires the building to be kept in good" condition. The City Council has directed staff to provide a report on the status oil mothballing the Printery on the August 12- 2008 Council Agenda- Staff would like to coordinate with vour consultants on developing a mothballing plan for the building before the Council meeting. A mothballing plan will need to be approved b-, the City prior to any work occurring on the Printers- 690- rintery 690- EL CAMINO REAL CA 934ZZ (805 461 5000 FAX 461--,61: IWAOV I WE CITY OF ATA SCADERO COMM UNMY DEVELOPMENT DEPARTMENT June 5 21009 Page 2 of 23 Feel free to contact ine at 471-3402 to discuss the mothballing plait further Please keep in mind that the time extension tv-111 be contino-ent on the mothballing of the Pruiterg Sincerely WaiTen Ni. Fmce Community Development Director cc: Ty Great PO Boa 3835, San Luis Obispo, CA 93403-3835 Aaron iiigttfand, ARG Architect, Pier 9. The Embarcadcm, Sort Francisca C,8 931 11 Dona Traverso 1155 Role Lane, Templeton., CA 93465 W McKinney J Lewis S :43cHarris i;.:Fotman 8 Bum% I. Mullah K. Stove T Petersaa & Pieria Attachment: lune 3.2OD8 Time Extension Request Letter Preservation Brief 3l Fk'r,M1)6PLM*W travn DMc -PAN- FrltliF aZ16-CED4'R. NCafFRi 2➢W�1Y2PI kIY 1�7trneEft-moab�InOA[5-26i58.wI�RR.tlaet PAR DO: Cb0ui11U ALA 911 June 5, 2009 Page 3 of 23 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT RECEIVED] JUN 4 2008 'COMMUNITY DEVELOPMENTJ (4U4"/a UtVd4t#$,%� 6206 AksMarn Avenue - Amscadero, CA 93422 Phone 805.466-1981 a F#x 805.466.2460 geerharldavoyahoo.com June 3, 2008 City of Atascadero 6907 El Camino Real Atascadero, CA 93422 Attention: Warren Frace RE: REQUEST FOR PROJECT EXTENSION Dear Warren: This letter is to request a time extension of the following building application currently submitted to the City of Atascadero. BLD 2006-06179 and BLD 200-05180 Atescadero, Historic Printery Please notify us when this request has been processed. If you should have any questions regarding this matter please contact our office at (805) 465-1981 Thank y9u, KellyV Gearhart cc: Ty Green Darin Traverso Fbe:T- Pflft0aWCfi95M54A1W 91 M Attachment 16: July 24, 2008 Printery Time Extension and Mothballing Letter 3 CITY OF ATASCADERO SCAD COMMUNM DEVELOPMENT DEPARTMENT Julv 24 2008 KeUv Gearhart 6205 Alcantara Avenue Atascadero CA 93422 Certified Letter- 700627600003033-3-1391 RE A.tascadero Printers= Time Extension and-NIGthbaffing Dear Mr. Gearhart, I am writing in as a follow-up to the June 26. 2008 letter that was sent regarding the Atascadero Printery and our conversation of Julv 23 2008 Based on the Julv 23 2008 conversation, it is my understanding that you will not be taldng action to secure mothball the Printery building, Sincerely 'Warren M. Frace Communitv Development Director Ty Green. PO Box 3 335, SanLuis Gbispo, CA 934x3-353 5 Avon HishlanA ARGAxchitects, Pier 9 T] e Ennrcadero, SanFrinciszo, CA, 94 Ill Darin Traversoll 5 Rolfe L ant. Templeton, Ck 9 3465 W McKinney J. Lau -is S McHarris K. Forman S. bums J. Mulhall K. Stone- T Peterson B. Pier& CM 92 Attachment 17 "The Printery" Lon Allen The Printery First of E.G. Lewis' Close up of front entrance to The Printery. 93 4 6W i • - . . - The Printery building on Olmeda ,Avenue was the first to be completed by,Atasc adero's founder,. E.G. Lewis. Lewis was a promoter of many things, from residential development to a number of busi- nessprnjdets both in the cast and our west in Cali- fornia. He needed a press at his disposal to let his followers know his next scheme. The first publication to come out of the new building was the Auucadero News, which made its debut on January 2, 1916, Although he began construction on the City Administration Building first (1914) it (The Printery) was actually thefirstof the civic center buildings completed and was ready for use late in 1915. The large brick: structure still stands at the corner of Olmeda Avenue and West Mail. The building was originally owned by the Woman's M Institute, Holmes was known as -a muralist Publishing Company, which Mr Lewis ;started even before his arrival in Atascadero. He even - in University City, MO. There he published the tually managed the Cloisters on Atascadero Woman's National Magazine; the Woman s Beach in MorroBayfor Lewis' Colony Hold - National Weekly and advertising brochures ing Corporation. 'Hoimes himself,described the called. "Bulletins.. murals in the Printery as something to separate the building from. its industrial roots. A visit - The main brick building you see today ing journalist said of Holmes' work, "Nowhere was quickly built in America is for a total cost of there anything $34,000, not in- more beautiful cluding equipment. > than the entrance Within a very ,short ' to Atascadero's time The lientery complex was expanded by a Press Building --�- the entrance where an art - large stucco building that ran neat to the main ist's power of painting dreams in tuneful color brick structure. There was also:a long corru- sings its symphonic thecae in your heart until gated metal shed used to store newsprint. And you forget the importance of even The Illus - there was also a smaller tin shed used to store traled Review. ink. The entire printing facility cost a total of The largest rotogravure press complex_ $250,000, including the machinery and fur.- west of :the Mississippi River was installed in nishings, according to records.maintained by the Atuscadero plant It was also the first roto - the Atascadero historical Society gravure; press on the west coast. The last issue Artist Ralph Holmes, who was brought to of the Woman's National Weekly was pub- Atascadero by Lewis to head; up the art depart- lished in Atascadero. in 1916.' menta painted the murals on the entrance to the The first issue of the Atareadero Neu>s Printery Although faded, those murals remain was printed in the building in January, 1916, there even today Formerly of the Chicago Art and the premier issue of The Illustrated ltevie on M was printed in September of that same year Lewis had hoped. that The Illustrated Review would eventually have a circulation of more than three mi Ilion copies by the end. of 1917 In reality, the circulation never quite reached one -million copies, but that is still a large circulation for any periodical of its time. The Illustrated Review was somewhat. a forerunner of the "Life Magazine" in that it was long on pictures and short on text, The Review carried pictures from around the world. E.G. Lewis' brother, George, B. Lewis, was Printery. The entire planthad about 125 peo- ple working Here's e there to produce the numerous publications. The Illustrated Review began with an existing mailing list that Lewis brought with him from University City, MO. Pre -paid subscriptions to the by then out -of -print Woman's National Weekly were 95 extended to the Review. The .fust subscription price was 10 cents a year for this photo maga- zine. Eventually thesubscription price wasin- creased to $1 a year in 1919. Circulation neared one million copies by 1917. You could buy The Illustrated Review on newsstands in New York City. Pictures, of World War I filled the many tratedReview in 1924, The Au=adcro's founder wrote in one of his peri- odic Bulletins, adding that,. "a staff ofphotogra- phcrs, beaded by J.L. Padilla, is constantly en- gaged in taking speciatphotogmphs,of Califor- nia life, features, places and thin , gs of interest" By 1923 a yearly subscription. cost $1 and a lift E05 subscription $10. By that time the circulation bast his office located nere. was 30,000 "life" subscribers. She firstpress run for the ttascaatero Atascadero News and The Illustrated Re- News in January, 1916 was 100,000 copies, view wereWl the only publications printed in in May, 1924,.there was a massive lay, editorial offices in a building next door to the train Printery structure. 1n 1925 the newspaper was sold to Ted Bishop when Lewis was forced into involun- tary receivership by a,group of his creditors. The newspaper moved to its own building in the 5600 block ofl l Camino Real in 1949 e semblance of a civic center was, begin shape. Here you see The printery look- tanding in what today would be the junior Off to the left, looking west, you see the nistration Building taking nearing com- e dome is not yet in place. The city hall asn't completed until 1918. The old Atuscradero News building which was actually behind the Printery was knocked down in about 1961 The large presses in The Printery were moved to Oakland in the mid 1920s. The building was sold to Frank Moran of 97 ru pus for an exclusive boy's prep school. The Printery building was eventually used as a junior college and prep school for three different owners until it was purchased by the Masonic Temple Association in 1950 from. the Colonel Benjamin Aldrich estate. In addition. to saving as the meeting, place for the Atasca- dery Masonic Lodgc up into the 21' Century the building has also housed the Atascadero Unified School District Office, and even served as a substationfor the San Luis Obispo County Sheriffs Department. A I-nmie Gnhool occunied the old press cm and had to be shored up as a safety measure until repairs could be made. But several years before the earthquake, in 1994, the Masonic Temple Association, gave the building to the City of Ataseadero on the condition the city provide youth ser- vices there. For avariety of reasons, mostly having to do with lack of finances to bring the building up to code, the city never util- ized the building and eventually returned the building to the Masons in 2005. The building was added to the National Registry of Historic Places in 2004. Attachment 18: Secretary of the Interior's Historic Guidelines for Mothballing Buildings 3 TectinlCal Preservation Services �. r e r �t i nBriefs Natkonal Park Service U.S. DQpartrnent of the Interior Mothballing Historic Buildings Sharon C. Park, AIA >>Documentation >>Stabilization »Mothballing *Mothballing Checklist *Maintenance Chart >>Conclusion A NOTE TO OUR USERS: The web versions of the Preservation Briefs differ somewhat from the printed versions. Many illustrations are new, captions are simplified, illustrations are typically in color rather than black and white, and some complex charts have been omitted When all means of finding a productive use for a historic building have been exhausted or when funds are not currently available to put a deteriorating structure into a useable condition, it may be necessary to close up the building temporarily to protect it from the weather as well as to secure it from vandalism This process, known as mothballing, can be a necessary and effective means of protecting the building while planning the property's future, or raising money for a preservation, rehabilitation or restoration project If a vacant property has been declared unsafe by building officials, stabilization and mothballing may be the only way to protect it from demolition This building has been successfully mothballed for 10 years because the roof We and walls were repaired and structurally This Preservation Brief focuses on the steps N,r stabilized, ventilation louvers added, and needed to "de -activate" a property for an extended the property maintained. Photo: NPs files. period of time The project team will usually consist of an architect, historian, preservation specialist, sometimes a structural engineer, and a contractor Mothballing should not be done without careful planning to ensure that needed physical repairs are made prior to securing the building The steps discussed in this Brief can protect buildings for periods of up to ten years, long-term success will also depend on continued, although somewhat limited, monitoring and maintenance For all but the simplest projects, hiring a team of preservation specialists is recommended to assess the specific needs of the structure and to develop an effective mothballing program A vacant historic building cannot survive indefinitely in a boarded -up condition, and so even marginal interim uses where there is regular activity and monitoring, such as a caretaker residence or non-flammable storage, are generally preferable to mothballing In a few limited cases when the vacant building is in good condition and in a location where it can be watched and checked regularly, closing and locking the door, setting heat levels at just above freezing, and securing the windows may provide sufficient protection for a period of a few years. But if long-term mothballing is the only remaining option, it must be done properly This will require stabilization of the exterior, "` properly designed security protection, generally some form of interior ventilation -- either through mechanical or natural air exchange systems --and continued maintenance and surveillance monitoring Comprehensive mothballing programs are generally expensive and may cost 10% or more of a modest rehabilitation budget. However, the money spent on well-planned maintenance has accelerated deterioration of this protective measures will seem small when property Photo: NPS files. amortized over the life of the resource Regardless of the location and condition of the property or the funding available, the following 9 steps are involved in properly mothballing a building Documentation 1 Document the architectural and historical significance of the building 2 Prepare a condition assessment of the building Stabilization 3 Structurally stabilize the building, based on a professional condition assessment. 4 Exterminate or control pests, including termites and rodents '146.r 100 5 Protect the exterior from moisture penetration Mothballing 6 Secure the building and its component features to reduce vandalism or break-ins 7 Provide adequate ventilation to the interior 8 Secure or modify utilities and mechanical systems 9 Develop and implement a maintenance and monitoring plan for protection These steps will be discussed in sequence below Documentation and stabilization are critical components of the process and should not be skipped over Mothballing measures should not result in permanent damage, and so each treatment should be weighed in terms of its reversibility and its overall benefit. Documentation Documenting the historical significance and physical condition of the property will provide information necessary for setting priorities and allocating funds The project team should be cautious when first entering the structure if it has been vacant or is deteriorated It may be advisable to shore temporarily areas appearing to be structurally unsound until the condition of the structure can be fully assessed If pigeon or bat droppings, friable asbestos or other health hazards are present, precautions must be taken to wear the appropriate safety equipment when first inspecting the building Consideration should be given to hiring a firm specializing in hazardous waste removal if these highly toxic elements are found in the building Documenting and recording the building Documenting a building's history is important because evidence of its true age and architectural significance may not be readily evident. The owner should check with the State Historic Preservation Office or local preservation commission for assistance in researching the building If the building has never been researched for listing in the National Register of Historic Places or other historic registers, then, at a minimum, the following should be determined The overall historical significance of the property and dates of construction, The chronology of alterations or additions and their approximate dates, and, Types of building materials, construction techniques, and any unusual detailing or regional variations of craftsmanship Old photographs can be helpful in identifying early or original features that might be hidden under modern materials On a walk-through, the architect, historian, or preservation specialist should identify the architecturally significant elements of the building, both inside and out 101 M By understanding the history of the resource, significant elements, even though deteriorated, may be spared the trash pile For that reason alone, any materials removed from the building or site as part of the stabilization effort should be carefully scrutinized and, if appearing historic, should be photographed, tagged with a number, inventoried, and safely stored, preferably in the building, for later retrieval ` A site plan and schematic building floor plans can Documenting a building's history and assessing its condition provide information be used to note important information for use to set priorities for stabilization and repair, when the building is eventually preserved, prior to mothballing. Photo: NPS files. restored, or rehabilitated Each room should be given a number and notations added to the plans regarding the removal of important features to storage or recording physical treatments undertaken as part of the stabilization or repair Because a mothballing project may extend over a long period of time, with many different people involved, clear records should be kept and a building file established Copies of all important data, plans, photographs, and lists of consultants or contractors who have worked on the property should be added to the file as the job progresses Recording actions taken on the building and identifying where elements that have been removed are stored will be helpful in the future The project coordinator should keep the building file updated and give duplicate copies to the owner A list of emergency numbers, including the number of the key holder, should be kept at the entrance to the building or on a security gate, in a transparent vinyl sleeve Preparing a condition assessment of the building A condition assessment can provide the owner with an accurate overview of the current condition of the property If the building is deteriorated or if there are significant interior architectural elements that will need special protection during the mothballing years, undertaking a condition assessment is highly recommended, but it need not be exhaustive A modified condition assessment, prepared by an architect or preservation specialist, and in some case a structural engineer, will help set priorities for repairs necessary to stabilize the property for both the short and long-term It will evaluate the age and condition of the following major elements foundations, structural systems, exterior materials, roofs and gutters, exterior porches and steps, interior finishes, staircases, plumbing, electrical, mechanical systems, special features such as chimneys, and site drainage on 102 To record existing conditions of the building and site, it will be necessary to clean debris from the building and to remove unwanted or overgrown vegetation to expose foundations The interior should be emptied of its furnishing (unless provisions are made for mothballing these as well), all debris removed, and the interior swept with a broom Building materials too deteriorated to repair, or which have come detached, such as moldings, balusters, and decorative plaster, and which can be used to guide later preservation work, should be tagged, labeled and saved Buildings seriously damaged by storms Photographs or a videotape of the exterior and all or deterioration may need to be braced interior spaces of the resource will provide an before architectural evaluations can be de. Photo: invaluable record of "as is" conditions If a videotape Ph to: NPSfileshn Milner Architects. is made, oral commentary can be provided on the significance of each space and architectural feature If 35mm photographic prints or slides are made, they should be numbered, dated, and appropriately identified Photographs should be cross-referenced with the room numbers on the schematic plans A systematic method for photographing should be developed, for example, photograph each wall in a room and then take a corner shot to get floor and ceiling portions in the picture Photograph any unusual details as well as examples of each window and door type For historic buildings, the great advantage of a condition assessment is that architectural features, both on the exterior as well as the interior, can be { rated on a scale of their importance to the integrity and ' significance of the building Those features of the highest priority should receive preference when repairs or protection measures are outlined as part of the t mothballing process Potential problems with protecting these features should be identified so that appropriate interim solutions can be selected For example, if a Loose or detached elements should be building has always been heated and if murals identified, tagged and stored, preferably on site. Photo: NPS files decorative plaster walls, or examples of patterned wall paper are identified as highly significant, then special care should be taken to regulate the interior climate and to monitor it adequately during the mothballing years This might require retaining electrical service to provide minimal heat in winter, fan exhaust in summer, and humidity controls for the interior Stabilization Stabilization as part of a mothballing project involves correcting deficiencies to slow down the deterioration of the building while it is vacant. Weakened structural members that might fail altogether in the forthcoming years must be braced or reinforced, insects and other pests removed and discouraged from returning, and the building protected from moisture damage both by weatherizing the exterior envelope and by handling water run-off on the site Even if a modified use or caretaker services can eventually be found for the 103 building, the following steps should be addressed Structurally stabilizing the building While bracing may have been required to make the building temporarily safe for inspection, the condition assessment may reveal areas of hidden structural damage Roofs, foundations, walls, interior framing, porches and dormers all have structural components that may need added reinforcement. Structural stabilization by a qualified contractor should be done under the direction of a structural engineer or a preservation specialist to ensure that the added weight of the reinforcement can be sustained by the building and that the new members do not harm historic finishes Any major vertical post added during the stabilization should be properly supported and, if necessary, taken to the ground and underpinned Interior bracing which will last the If the building is in a northern climate, then the roof duration of the mothballing will framing must be able to hold substantial snow loads protect weakened structural gracing the roof at the ridge and mid -points should be members. Photo: John Milner Architects. considered if sagging is apparent. Likewise, interior framing around stair openings or under long ceiling spans should be investigated Underpinning or bracing structural piers weakened by poor drainage patterns may be a good precaution as well Damage caused by insects, moisture, or from other causes should be repaired or reinforced and, if possible, the source of the damage removed If features such as porches and dormers are so severely deteriorated that they must be removed, they should be documented, photographed, and portions salvaged for storage prior to removal If the building is in a southern or humid climate and termites or other insects are a particular problem, the foundation and floor framing should be inspected to ensure that there are no major structural weaknesses This can usually be done by observation from the crawl space or basement. For those structures where this is not possible, it may be advisable to lift selective floor boards to expose the floor framing If there is evidence of pest damage, particularly termites, active colonies should be treated and the structural members reinforced or replaced, if necessary Controlling pests Pests can be numerous and include squirrels, raccoons, bats, mice, rats, snakes, termites, moths, beetles, ants, bees and wasps, pigeons, and other birds Termites, beetles, and carpenter ants destroy wood Mice, too, gnaw wood as well as plaster, insulation, and electrical wires Pigeon and bat droppings not only damage wood finishes but create a serious and sometimes deadly health hazard If the property is infested with animals or insects, it is important to get them out and to seal off their access to the building If necessary, exterminate and remove any nests or hatching colonies Chimney flues may be closed off with exterior grade plywood caps, properly ventilated, or protected with framed wire screens Existing vents, grills, and louvers in attics and crawl spaces should be screened with bug mesh or heavy duty wire, 104 depending on the type of pest being controlled It may be advantageous to have damp or infected wood treated with insecticides (as permitted by each state) or preservatives, such as borate, to slow the rate of deterioration during the time that the building is not in use Securing the exterior envelope from moisture penetration It is important to protect the exterior envelope from moisture penetration before securing the building Leaks from deteriorated or damaged roofing, from around windows and doors, or through deteriorated materials, as well as ground moisture from improper site run-off or rising damp at foundations, can cause long-term damage to interior finishes and structural systems Any serious deficiencies on the exterior, identified in the condition assessment, should be addressed foundation wall from excessive damp during its 10 -year mothballing. Note the attic and basement vents, temporary stairs, and interpretive sign. Photo: NPS To the greatest extent possible, these files. weatherization efforts should not harm historic materials The project budget may not allow deteriorated features to be fully repaired or replaced in-kind Non -historic or modern materials may be used to cover historic surfaces temporarily, but these treatments should not destroy valuable evidence necessary for future preservation work Temporary modifications should be as visually compatible as possible with the historic building Roofs are often the most vulnerable elements on the building exterior and yet in some ways they are the easiest element to stabilize for the long term, if done correctly "Quick fix" solutions, such as tar patches on slate roofs, should be avoided as they will generally fail within a year or so and may accelerate damage by trapping moisture They are difficult to undo later when more permanent repairs are undertaken Use of a tarpaulin over a leaking roof should be thought of only as a very temporary emergency repair because it is often blown off by the wind in a subsequent storm If the existing historic roof needs moderate repairs to make it last an additional ten years, then these repairs should be undertaken as a first priority Replacing cracked or missing shingles and tiles, securing loose flashing, and reanchoring gutters and downspouts can often be done by a local roofing contractor If the roof is in poor condition, but the historic materials and configuration are important, a new temporary roof, such as a lightweight aluminum channel system over the existing, might be considered If the roofing is so deteriorated that it must be replaced and a lightweight aluminum system is not affordable, various inexpensive options might be considered These include covering the existing deteriorated roof with galvanized corrugated metal roofing panels, or 90 Ib rolled roofing, or a rubberized membrane (refer back to cover photo) These alternatives should leave as much of the historic sheathing and roofing in place as evidence for later preservation treatments 105 en For masonry repairs, appropriate preservation approaches are essential For example, if repointing deteriorated brick chimneys or walls is necessary to prevent serious moisture penetration while the building is mothballed, the mortar should match the historic mortar in composition, color, and tooling The use of hard portland cement mortars or vapor -impermeable waterproof coatings are not appropriate solutions as they can cause extensive damage and are not reversible treatments protection from unwanted entry and graffiti. For wood siding that is deteriorated, repairs This commercial building uses painted necessary to keep out moisture should be made, plywood panels to cover its glass storefronts. The upper windows on the street sides have painting aintin is ll warranted Cracks around been painted to resemble 19th century sash. wig generally y and doors can be beneficial in providing Photo: NPS files. ventilation to the interior and so should only be caulked if needed to keep out bugs and moisture For very deteriorated wall surfaces on wooden frame structures, it may be necessary to sheathe in plywood panels, but care should be taken to minimize installation damage by planning the location of the nailing or screw patterns or by installing panels over a frame of battens Generally, however, it is better to repair deteriorated features than to cover them over Foundation damage may occur if water does not drain away from the building Run-off from gutters and downspouts should be directed far away from the foundation wall by using long flexible extender pipes equal in length to twice the depth of the basement or crawl space If underground drains are susceptible to clogging, it is recommended that the downspouts be disconnected from the drain boot and attached to flexible piping If gutters and downspouts are in bad condition, replace them with inexpensive aluminum units If there are no significant landscape or exposed archeological elements around the foundation, consideration should be given to regrading the site if there is a documented drainage problem If building up the grade, use a fiber mesh membrane to separate the new soil from the old and slope the new soil 6 to 8 feet (200 cm -266 cm) away from the foundation making sure not to cover up the dampcourse layer or come into contact with skirting boards. To keep vegetation under control, put down a layer of 6 mil black polyethylene sheeting or fiber mesh matting covered with a 2"-4" (5-10 cm ) of washed gravel If the building suffers a serious rising damp problem, it may be advisable to eliminate the plastic sheeting to avoid trapping ground moisture against foundations Mothballing The actual mothballing effort involves controlling the long-term deterioration of the building while it is unoccupied as well as finding methods to protect it from sudden loss by fire or vandalism This requires securing the building from unwanted entry, providing adequate ventilation to the interior, and shutting down or modifying existing utilities. Once the building is de -activated or secured, the long-term success will depend on periodic maintenance and surveillance monitoring In 106 Securing the building from vandals, break-ins, and natural disasters Securing the building from sudden loss is a critical aspect of mothballing Because historic buildings are irreplaceable, it is vital that vulnerable entry points are sealed If the building is located where fire and security service is available then it is highly recommended that some form of monitoring or alarm devices be used To protect decorative features, such as mantels, lighting fixtures, copper downspouts, iron roof cresting, or stained glass windows from theft or vandalism, it may be advisable to temporarily remove them to a more secure location if they cannot be adequately protected within the structure Mothballed buildings are usually boarded up, particularly on the first floor and basement, to protect fragile glass windows from breaking and to reinforce entry points Infill materials for closing door and window openings include plywood, corrugated panels, metal grates, chain fencing, metal grills, and cinder or cement blocks The method of installation should not result in the destruction of the opening and all associated sash, doors, and frames should be protected or stored for future reuse The first floor openings of this historic building have been filled with cinder blocks and the doors, Generally exterior doors are reinforced and provided with window sash, and frames removed strong locks, but if weak historic doors would be damaged for safe keeping. The security metal door features heavy duty or disfigured by adding reinforcement or new locks, they locks. Photo: NPS files. may be removed temporarily and replaced with secure modern doors Alternatively, security gates in an new metal frame can be installed within existing door openings, much like a storm door, leaving the historic door in place If plywood panels are installed over door openings, they should be screwed in place, as opposed to nailed, to avoid crowbar damage each time the panel is removed This also reduces pounding vibrations from hammers and eliminates new nail holes each time the panel is replaced For windows, the most common security feature is the closure of the openings, this may be achieved with wooden or pre -formed panels or, as needed, with metal sheets or concrete blocks Plywood panels, properly installed to protect wooden frames and properly ventilated, are the preferred treatment from a preservation standpoint. 107 M There are a number of ways to set insert plywood panels into windows openings to avoid damage to frame and sash One common method is to bring the upper and lower sash of a double hung unit to the mid -point of the opening and then to install pre- cut plywood panels using long carriage bolts anchored into horizontal wooden bracing, or strong backs, on the inside face of the window Another means is to build new wooden blocking frames set into deeply recessed openings, for example in an industrial mill or warehouse, and then to affix the plywood panel to the blocking frame If sash must be removed prior to installing panels, they should be labeled and stored safely within the building Plywood panels are usually 1/2"-3/4" (1 25-1 875 cm ) thick and made of exterior grade stock, such as CDX, or marine grade plywood They should be painted to protect them from delamination and to provide a neater appearance scene on plywood panels These panels may be painted to resemble operable windows or is a neighborhood -friendly treated decoratively With extra attention to detail, the plywood device, Photo: NPS files. panels can be trimmed out with muntin strips to give a shadow line simulating multi -lite windows This level of detail is a good indication that the building is protected and valued by the community If the building has shutters simply close the shutters and secure them from the interior If the building had shutters historically, but they are missing, it may be appropriate to install "BIW new shutters, even in a modern material, and secure them in the closed position Louvered shutters will help with interior ventilation if the sash are propped open behind the shutters There is some benefit from keeping windows unboarded if security is not a problem The building will appear to be occupied, and the natural air leakage around the windows will assist in ventilating the interior The presence of natural light will also help when periodic inspections are made Rigid polycarbonate clear storm glazing panels may be placed on the window exterior to protect against glass breakage Because the sun's ultraviolet rays can cause fading of floor finishes and wall surfaces, filtering pull shades or inexpensive curtains may be options for reducing this type of deterioration for significant interiors Some acrylic sheeting comes with built-in ultraviolet filters A view showing the exterior of the Brearley Nouse, New jersey, in its mothballed condition Photo: Michael Mills, on Ford Farewell Mills Gatsch, Architects. Securing the building from catastrophic destruction from fire, lightning, or arson will require additional security devices Lightning rods properly grounded should be a first consideration if the building is in an area susceptible to lightning storms A high security fence should also be installed if the property cannot be monitored closely These interventions do not require a power source for operation Since many buildings will not maintain electrical power, there are some devices available using battery packs, such as intrusion alarms, security lighting, and smoke detectors which through audible horn alarms can alert nearby neighbors These battery packs must be replaced every 3 months to 2 years, depending on type and use In combination with a cellular phone, they can also provide some level of direct communication with police and fire departments If at all possible, new temporary electric service should be provided to the building Generally a telephone line is needed as well A hard wired security system for intrusion and a combination rate -of -rise and smoke detector can send an immediate signal for help directly to the fire department and security service Depending on whether or not heat will be maintained in the building, the security system should be designed accordingly Some systems cannot work below 32°F (0°C) Exterior lighting set on a timer, photo electric sensor, or a motion/infra-red detection device provides additional security Providing adequate ventilation to the interior Once the exterior has been made weathertight and secure, it is essential to provide adequate air exchange throughout the building Without adequate air exchange, humidity may rise to unsafe levels, and mold, rot, and insect infestation are likely to thrive The needs of each historic resource must be individually evaluated because there are so many variables that affect the performance of each interior space once the building has been secured A mechanical engineer or a specialist in interior climates should be consulted, particularly for buildings with intact and significant interiors In some circumstances, providing heat during the winter, even at a minimal 45° F (70C), and utilizing forced -fan ventilation in summer will be recommended and will require retaining electrical service For masonry buildings it is often helpful to keep the interior temperature above the spring dew point to avoid damaging condensation In most buildings it is the need for summer ventilation that outweighs the winter requirements. Many old buildings are inherently leaky due to loose -fitting windows and floorboards and the lack of insulation The level of air exchange needed for each building, however, will vary according to geographic location, the building's construction, and its general size and configuration 109 This exhaust fan has tamper -proof housing. Photo: Michael Mills, Ford Farewell Mills Gatsch, Architects. En There are four critical climate zones when looking at the type and amount of interior ventilation needed for a closed up building hot and dry (southwestern states), cold and damp (Pacific northwest and northeastern states), temperate and humid (Mid -Atlantic states, coastal areas), and hot and humid (southern states and the tropics) Once closed up, a building interior will still be affected by the temperature and humidity of the exterior Without proper ventilation, moisture from condensation may occur and cause damage by wetting plaster, peeling paint, staining woodwork, warping floors, and in some cases even causing freeze thaw damage to plaster If moist conditions persist in a property, structural damage can result from rot or returning insects attracted to moist conditions Poorly mothballed masonry buildings, particularly in damp and humid zones have been so damaged on the interior with just one year of unventilated closure that none of the interior finishes were salvageable when the buildings were rehabilitated The absolute minimum air exchange for most mothballed buildings consists of one to four air exchanges every hour, one or two air exchanges per hour in winter and twice that amount in summer Even this minimal exchange may foster mold and mildew in damp climates, and so monitoring the property during the stabilization period and after the building has been secured will provide useful information on the effectiveness of the ventilation solution Portable monitors are used to record There is no exact science for how much ventilation temperature and humidity conditions in should be provided for each building There are historic buildings during mothballing. Photo: NPs files. however, some general rules of thumb Buildings, such as adobe structures, located in hot and arid climates may need no additional ventilation if they have been well weatherized and no moisture is penetrating the interior Also frame buildings with natural cracks and fissures for air infiltration may have a natural air exchange rate of 3 or 4 per hour, and so in and as well as temperate climates may need no additional ventilation once secured The most difficult buildings to adequately ventilate without resorting to extensive louvering and/or mechanical exhaust fan systems are masonry buildings in humid climates Even with basement and attic vent grills, a masonry building many not have more than one air exchange an hour This is generally unacceptable for summer conditions For these buildings, almost every window opening will need to be fitted out with some type of passive, louvered ventilation Depending on the size, plan configuration, and ceiling heights of a building, it is often necessary to have louvered opening equivalent to 5%-10% of the square footage of each floor For example, in a hot humid climate, a typical 20'x30' (6 1m x 9 1m) brick residence with 600 sq ft.(55 5 sq m) of floor space and a typical number of windows, may need 30- 60 sq ft.(2 75sq m-5 5 sq m) of louvered openings per floor With each window measuring 3'x5'( 9m x 1 5 m) or 15 sq ft. (1 3 sq m), the equivalent of 2 to 4 windows per floor will need full window louvers Small pre -formed louvers set into a plywood panel or small slit -type registers at the base of inset panels generally cannot provide enough ventilation in most moist climates to offset condensation, but this approach is certainly better than no louvers at all Louvers should be located to give cross ventilation, interior doors should be fixed ajar at least 4" (10cm) to 110 allow air to circulate, and hatches to the attic should be left open Monitoring devices which can record internal temperature and humidity levels can be invaluable in determining if the internal climate is remaining stable These units can be powered by portable battery packs or can be wired into electric service with data downloaded into laptop computers periodically This can also give long-term information throughout the mothballing years If it is determined that there are inadequate air exchanges to keep interior moisture levels under control, additional passive ventilation can be increased, or, if there is electric service, mechanical exhaust fans can be installed One fan in a small to medium sized building can reduce the amount of louvering substantially If electric fans are used, study the environmental conditions of each property and determine if the fans should be controlled by thermostats or automatic timers Humidistats, designed for enclosed climate control systems, generally are difficult to adapt for open mothballing conditions How the system will draw in or exhaust air is also important. It may be determined that it is best to bring dry air in from the attic or upper levels and force it out through lower basement windows If the basement is damp, it may be best to zone it from the rest of the building and exhaust its air separately Additionally, less humid day air is preferred over damper night air, and this can be controlled with a timer switch mounted to the fan The type of ventilation should not undermine the security of the building The most secure installations use custom-made grills well anchored to the window frame, often set in plywood security panels Some vents are formed using heavy millwork louvers set into existing window openings. For buildings where security is not a primary issue, where the interior is modest, and where there has been no heat for a long time, it may be possible to use lightweight galvanized metal grills in the window openings A cost effective grill can be made from the expanded metal mesh lath used by plasterers and installed so that the mesh fins shed rainwater to the exterior Securing mechanical systems and utilities At the outset, it is important to determine which utilities and services, such as electrical or telephone lines, are kept and which are cut off As long as these services will not constitute a fire hazard, it is advisable to retain those which will help protect the property Since the electrical needs will be limited in a vacant building, it is best to install a new temporary electric line and panel (100 amp) so that all the wiring is new and exposed This will be much safer for the building, and allows easy access for reading the meter Most heating systems are shut down in long term mothballing For furnaces fueled by oil, there are two choices for dealing with the tank. Either it must be filled to the top with oil to eliminate condensation or it should be drained If it remains empty for more than a year, it will likely rust and not be reusable Most tanks are drained if a newer type of system is envisioned when the building is put back into service Gas systems with open flames should be turned off unless there is regular maintenance and frequent surveillance of the property Gas lines are shut off by the utility company If a hot water radiator system is retained for low levels of heat, it generally must be modified to be a self-contained system and the water supply is capped at the meter This recirculating system protects the property from extensive damage from burst pipes Water is replaced with a water/glycol mix and the reserve tank must also be filled with this 111 E5 mixture This keeps the modified system from freezing, if there is a power failure If water *. service is cut off, pipes should be drained Sewerage systems will require special care as sewer gas is explosive Either the traps must be filled with glycol or the sewer line should be capped off at the building line. Developing a maintenance and monitoring plan While every effort may have been made to stabilize the property and to slow the deterioration of materials, natural disasters, storms, undetected leaks, and unwanted intrusion can still occur A regular schedule for surveillance, maintenance, and monitoring should be established The fire and police departments should be notified that the property will be vacant A walk-through visit to familiarize these officials with the building's location, construction materials, and overall plan may be invaluable if they are called on in the future The optimum schedule for surveillance visits to the property will depend on the location of the property and the number of people who can assist with these activities The more frequent the visits to check the property, the sooner that water leaks or break-ins will be noticed Also, the more frequently the building is entered, the better the air exchange By keeping the site clear and the building in good repair, the community will know that the building has not been abandoned The involvement of neighbors and community groups in caring for the property can ensure its protection from a variety of catastrophic circumstances The owner may utilize volunteers and service companies to undertake the work outlined in the maintenance chart. Service companies on a maintenance contract can provide yard, maintenance, and inspection services, and their reports or itemized bills reflecting work undertaken should be added to update the building file Sidebar Mothballing Checklist In reviewing mothballing plans, the following checklist may help to ensure that work items are not inadvertently omitted Moisture • Is the roof watertight? • Do the gutters retain their proper pitch and are they clean? • Are downspout joints intact? • Are drains unobstructed? • Are windows and doors and their frames in good condition? • Are masonry walls in good condition to seal out moisture? • Is wood siding in good condition? • Is site properly graded for water run-off? • Is vegetation cleared from around the building foundation to avoid trapping moisture? Pests Lmn 112 • Have nests/pests been removed from the building's interior and eaves? • Are adequate screens in place to guard against pests? • Has the building been inspected and treated for termites, carpenter ants, rodents, etc.? • If toxic droppings from bats and pigeons are present, has a special company been brought in for its disposal? Housekeeping • Have the following been removed from the interior trash, hazardous materials such as inflammable liquids, poisons, and paints and canned goods that could freeze and burst? • Is the interior broom -clean? • Have furnishings been removed to a safe location? • If furnishings are remaining in the building, are they properly protected from dust, pests, ultraviolet light, and other potentially harmful problems? • Have significant architectural elements that have become detached from the building been labeled and stored in a safe place? • Is there a building file? Security • Have fire and police departments been notified that the building will be mothballed? • Are smoke and fire detectors in working order? • Are the exterior doors and windows securely fastened? • Are plans in place to monitor the building on a regular basis? • Are the keys to the building in a secure but accessible location? • Are the grounds being kept from becoming overgrown? Utilities Have utility companies disconnected/shut off or fully inspected water, gas, and electric lines? If the building will not remain heated, have water pipes been drained and glycol added? If the electricity is to be left on, is the wiring in safe condition? Ventilation Have steps been taken to ensure proper ventilation of the building? Have interior doors been left open for ventilation purposes? Has the secured building been checked within the last 3 months for interior dampness or excessive humidity? Maintenance Chart 113 M 1-3 months; periodic • regular drive by surveillance • check attic during storms if possible • monthly walk arounds • check entrances • check window panes for breakage • mowing as required • check for graffiti or vandalism • enter every 3 months to air out • check for musty air • check for moisture damage • check battery packs and monitoring equipment • check light bulbs • check for evidence of pest intrusion every 6 months; spring and fall • site clean-up, pruning and trimming • gutter and downspout check • check crawlspace for pests • clean out storm drains every 12 months • maintenance contract inspections for equipment/utilities • check roof for loose or missing shingles • termite and pest inspection/treatment • exterior materials spot repair and touch up painting • remove bird droppings or other stains from exterior • check and update building file Conclusion Providing temporary protection and stabilization for vacant historic buildings can arrest deterioration and buy the owner valuable time to raise money for preservation or to find a compatible use for the property A well planned mothballing project involves documenting the history and condition of the building, stabilizing the structure to slow down its deterioration, and finally, mothballing the structure to secure it. The three highest priorities for a mothballed building are 1) to protect the building from sudden loss, 2) to weatherize and maintain the property to stop moisture penetration, and 3) to control the humidity levels inside once the building has been secured While issues regarding mothballing may seem simple, the variables and intricacies of possible solutions make the decision-making process very important. Each building must be individually evaluated prior to mothballing In addition, a variety of professional services as 114 well as volunteer assistance is needed for careful planning and repair, sensitively designed protection measures, follow-up security surveillance, and cyclical maintenance In planning for the future of the building, complete and systematic records must be kept and generous funds allocated for mothballing This will ensure that the historic property will be in stable condition for its eventual preservation, rehabilitation, or restoration Further Reading Cotton, J Randall "Mothballing Buildings " The Old -House Journal. July/August, 1993 Fisher, Charles E and Thomas A Vitanza "Temporary Window Vents in Unoccupied Historic Buildings " Preservation Tech Note (Windows, No 10) Washington, DC National Park Service, 1985 Frazier Associates "Mothballing Historic Buildings " Preserving Prince William, 2 County of Prince William, VA, 1990 Michell, Eleanor Emergency Repairs for Historic Buildings London Butterworth Architecture, 1988 "Mothballing Vacant Buildings," An Anti -Arson Kit for Preservation and Neighborhood Action Washington, DC Federal Emergency Management Agency, 1982 Solon, Thomas E "Security Panels for the Foster -Armstrong House " Association for Preservation Technology Bulletin. Vol XVI no 3 & 4, 1984 (note the design of the panels, but be aware that additional louvering may be needed on other projects) Acknowledgements The author Sharon C. Park, Senior Historical Architect, Heritage Preservation Services Division, National Park Service, would like to acknowledge the assistance of the following individuals in the preparation and review of this publication. H Ward Jandl served as the technical editor and assisted with producing this Preservation Brief In addition the following persons have provided invaluable information and illustrations Ernest A. Conrad, PE, Doug Hicks, NPS Williamsport Preservation Training Center; Thomas C. Taylor Colonial Williamsburg Karen Gordon, Seattle Urban Conservation Office, Kevin B. Stoops, Seattle Department of Parks and Recreation, Michael Mills, AIA, Christina Henry, architect, Mary Beth Hirsch, Ohio Historical Society Thanks also to Heritage Preservation Services Division staff members Michael J Auer Anne E. Grimmer, Kay D Weeks, Tim Buehner and Jean Travers, and to the numerous staff members of the NPS Regional offices who submitted comments. All photographs and drawings are by the author unless otherwise noted Washington, D.C. September, 1993 Home page logo: Appropriately mothballed historic building. Photo: NPS files. This publication has been prepared pursuant to the National Historic Preservation Act of 1966, as amended, which directs the Secretary of the Interior to develop and make available information concerning historic properties Technical Preservation Services (TPS), Heritage Preservation Services Division, National Park Service prepares standards, guidelines, and other educational materials on responsible historic preservation treatments to a broad public. Order Brief I Technical Preservation Services I Preservation Briefs I Search I Questions/Answers 115 M on Attachment 19: Diagram of Printery Property Parcels 1 and 2 I I PARCEL 2 PARCEL 1 E � MOO �LAAJ��C (FORMERLY NORTH MALL) i I f I L�1 i I EXHIBIT "E NTS 117 on cm ITEM NUMBER. RA C-2 DATE 02/23/10 Atascadero Community Redevelopment Agency Staff Report - Executive Director Fiscal Year 2008-2009 Audit RECOMMENDATION - Board review and accept the financial audit for the period ended June 30, 2009 REPORT -IN -BRIEF The audit firm of Moss, Levy & Hartzheim performed a full audit of the Redevelopment Agency financial statements and found that the Agency presented fairly and accurately the Agency's financial position, and further, that the reporting was in conformity with generally accepted accounting standards Agency net assets increased by $1.2 million during the fiscal year and totaled $7 6 million at June 30, 2009, while fund financial statements show that the Agency had a combined fund balance of $16 7 million at June 30, 2009 and a $1 1 million net income Current increment revenue increased by $194,000 or 6% over 2007-2008, while supplemental increment decreased by $193,000 This caused overall increment to be flat, while other revenues were down significantly due to lower interest rates Expenditures came in significantly under budget due to the delay of several large capital projects DISCUSSION The Redevelopment Agency has four funds the Redevelopment Agency (General) Fund, the Low/Moderate Income Housing Redevelopment Fund, the 2005 Redevelopment Bond Project Fund, and the 2005 Redevelopment Bond Debt Service Fund The following discussion will give an overview of the financial status of each fund 118 ITEM NUMBER RA C-2 DATE. 02/23/10 Redevelopment Agency (General) Fund The Redevelopment Agency Fund revenues exceeded expenditures by $1 1 million for fiscal year 2008-2009 A decrease of almost $250,000 in total increment from the prior year is due to a similar increased commitment of increment to the Bond Debt Service Fund The Agency was required to deposit approximately $250,000 more of increment into the Bond Debt Service Fund in order to make its first principal payment in fiscal year 2009/2010 The Agency did sell some land adjacent to the Creekside building to the Colony Square Project bringing in $142,398 in revenue On the expense side there were many projects that were delayed causing expenditures to come in about $13 5 million under budget. The Zoo Entrance and Restroom Projects ($756,300), the Lake Park Sign and Frontage Project ($192,400), the Zoo Wall Sign and Frontage Project ($269,560) and Streetscape 11 ($397,500) were designed but not constructed in the fiscal year Projects such as the Underground Utility Project ($160,000), the Acquisition of Fire Station #1 ($2,000,000), the Creek Plan Improvement Project ($300,000) and the Parking Improvement Project ($500,000) were put on hold due to the uncertain economy and the loss of staff in the City's Public Works Department. $8.5 million was budgeted as a place holder for the Agency's contribution to the rehabilitation of the Historic City Hall It was not expected to be expended in 2008-2009 and was not; however the Agency loaned the City approximately $1 7 million for expenditures made on the project but expected to be reimbursed by FEMA and CaIEMA. Low/Moderate Income Housing Redevelopment Fund Revenues also exceeded expenditures in the Low/Moderate Income Housing Fund, increasing that fund's balance by $936,000 The Agency's ending fund balance was about $3 9 million, which was reserved for Low/Moderate Income Housing 2005 Redevelopment Bond Project Fund Expenditures for this Project Fund were less than expected for the year Remaining bond funds of $2.1 million continue to be slated for completion of downtown streetscape improvements (including lighting) and restoration of the Maidens Statue 2005 Redevelopment Bond Debt Service Fund Debt service payments on the 2005 Redevelopment Bonds of $574,042 were paid These are interest only payments Payments on the principal will commence in September 2009 In accordance with bond covenants, Current Increment revenues of $823,302 were deposited in this fund (Bond covenants require that as increment comes in that it must be deposited into the Bond Debt Service Fund first until enough has been deposited to cover the next year's debt service payment. Once the next year's debt service payment has been received, any remaining increment is then deposited into the Agency General Fund ) The fund balance is almost $1 6 million, all of which is reserved for debt service 119 En ITEM NUMBER RA C-2 DATE 02/23/10 FISCAL IMPACT cm None ATTACHMENTS Fiscal Year 2008-2009 Audited Financial Statement* *Due to the format of the Statement, a copy is not attached to this staff report; however, it is available in its entirety in the office of the City Clerk. on 120 121