HomeMy WebLinkAboutAtascadero Temple Assoc. Joint Occupancy Agmt. Now
Doc No: 1994-04535
Recording Requested by Official Records �� N
& When Recorded Mail to: San Luis Obispo Co. , `
Francis M. Cooney !
City of Atascadero Recorder
Attn: City ager&�U� Jul 29, 1994 ;
Time: 15 :00 ; Ci Pi OF ATASCAD00
6500 Palma Avenue r,ITY CLERK'S�13FFICE
Atascadero, CA 93422 221 'TOTAL 0.00
AGREEMENT
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JOINT OCCUPANCY G
This Agreement is made and entered into the day of -! 1994,
between the ATASCADERO TEMPLE ASSOCIATION. INC., a California non-profit
corporation, (herein the "Temple") and the CITY OF ATASCADERO, (herein the
"City"), who agree as follows:
RECITALS
A. Concurrently herewith the Temple has conveyed to the City a ninety-nine
percent fee simple interest in a parcel of real property which is described in Exhibit
"A", (herein the "Real Property"), subject to defeasance upon the happening of certain
conditions subsequent and subject to certain joint occupancy rights between the
Temple and the City;
B. In furtherance of the conveyance to the City by the Temple, the parties
desire to set forth in this Agreement the provisions of their joint occupancy and
ownership of the Real Property, which shall be effective immediately upon and as part
of the grant of the fractional interest in the Real Property from the Temple to the City
in accordance with the Agreement To Convey Real Property Subject To Conditions
Subsequent And Reservation Of Rights, executed prior hereto; and
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C. For the purposes of this agreement, the term "Recreational Center" shall
mean and refer to the structure located on the Real Property; and
NOW THEREFORE, IT IS FURTHER AGREED:
Section 1. City's OCCUPANCY.
1.01. The City shall use good faith and reasonable effort to promote and
operate the portion of the Real Property and the Recreational Center which it occupies
in accordance with this Agreement for the benefit of persons in the City of Atascadero
community under the age of 18 years (the "Youth of the Community").
Notwithstanding, however, the City may operate such portions of the Real Property
and the Recreational Center as it deems appropriate based upon its financial ability,
or lack thereof, to support activities benefitting the Youth of the Community.
1.02. So long as the Temple maintains a percentage ownership interest
in the Real Property, the Recreational Center shall be identified as the "Masonic
Temple" at the present location where such designation exists. Notwithstanding, the
City shall not be precluded or otherwise prevented from further identifying or
designating the Recreational Center in any fashion as determined by the City.
Section 2 TEMPLE'S OCCUPANCY. The Temple for itself and for its
beneficiaries, (the Masons and the Eastern Star), shall maintain the exclusive right to
occupy those portions of the Recreational Center generally referred to as the "Lodge
Room," the "Storage Rooms," and the "Storage Cabinets," in the kitchen area which
are specifically designated on the diagram contained in Exhibit "B", subject, however,
to the provisions contained in this agreement. Such area as designated on Exhibit "B"
shall be referred to hereafter as the "Temple's Exclusive Use Area". In addition, the
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Temple and its beneficiaries shall have the first right of use to the dining and kitchen
areas in the Recreational Center, which areas are depicted on Exhibit "B", and which
shall be referred to as "Facilities," or where the context requires shall be included in
the meaning of the term "Exclusive Use Area," subject to availability based upon
written committed uses to the Facilities by the City made prior to written notice by
the Temple of its intent to use the facilities. Any written notice by the Temple to the
City to use the Facilities shall not be given prior to 360 days before the intended use.
Notwithstanding the above to the contrary, nothing herein shall prevent the Temple
and the City from establishing from time to time mutually acceptable guidelines for
reserving the use of the Recreational Center in those areas other than the exclusive
use area of the Temple as referenced above.
Any occupancy of the Recreational Center or the Real Property by the Temple
and its beneficiaries shall be without charge or offset.
Section 3. USE OF EXCLUSIVE USE AREA. The Exclusive Use Area shall be
used for the operation of a Masonic Lodge and a chapter of the Order of the Eastern
Star and activities associated with the operation of these organizations, however, the
Temple shall have the right to rent the Exclusive Use Area and the Facilities for special
events benefiting the Temple or its beneficiaries or the community of the City of
Atascadero at large. For the purposes of this section, the term "special event" shall
mean a single event or activity which does not exceed a continuous period of 24
hours.
Section 4 OTHER USE OF THE RECREATIONAL CENTER BY THE TEMPLE.
The Temple may also use any other recreational facilities within the Recreational
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Center, without charge or offset, when there are no other scheduled events for the
facility. No other scheduled events means that no other reservations for the facility
have been made at the time a written notice is delivered by the Temple to the City
stating the date of the Temple's proposed event, which shall be provided no more
than thirty (30) days prior to the commencement of the proposed event.
Section 5. PROHIBITED USES. The Temple shall not commit or permit the
commission of any acts on or within the Exclusive Use Area, nor use or permit the use
of the Exclusive Use Area in any way that:
(a) Causes the cancellation of any fire, casualty, liability or other
insurance policy insuring the Real Property or its contents;
(b) Violates or conflicts with any law, statute, ordinance or
governmental rule or regulation governing the Exclusive Use Area or the
Recreational Center, whether now in force or hereinafter enacted,
provided that the enactment is in good faith and not with an intent to
prevent the use of the Exclusive Use Area or the Facilities by the Temple
pursuant to this Agreement.
(c) Substantially obstructs or interferes with the rights of other
occupants of the Recreational Center; or
(d) Constitutes the commission of waste on or within the
Exclusive Use Area or the commission or maintenance of a nuisance as
defined by the laws of the State of California.
Section 6. ALTERATIONS BY THE TEMPLE. No alteration, addition or
improvements to the Exclusive Use Area that requires a permit for construction shall
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be made by the Temple without the written consent of the City. The Temple shall
obtain all necessary governmental permits required for any alteration, addition or
improvement authorized by the City and shall comply with all applicable governmental
laws, regulations, ordinances, and codes.
Section 7. MAINTENANCE AND REPAIRS. Subject to the duty of the City
under this Agreement to perform maintenance and repairs for the Exclusive Use Area
and the Recreational Center as needed, the Temple shall provide for the regular
cleaning of the Exclusive Use Area (exclusive of the Facilities) and maintain the
Exclusive Use Area (exclusive of the Facilities) in a good, clean and safe condition.
The Temple, at the Temple's own expense, shall clean and repair all damage and
waste or deterioration to the Exclusive Use Area, including the Facilities, or to the
Recreational Center occasioned by the Temple's lack of ordinary care.
Except as otherwise provided in this Agreement, the City shall perform, at the
City's sole expense, all repairs and maintenance for the Exclusive Use Area and the
Real Property, including, but not limited to, retrofitting the Exclusive Use Area, the
Recreational Center and the Real Property to comply with any law, statute, ordinance
or governmental rule or regulation, whether now in force or hereinafter enacted,
governing the Exclusive Use Area, the Recreational Center or the Real Property.
Subject to the provisions set forth in Section 14, any maintenance or repairs by the
City shall be made promptly with first-class materials, in a good and workmanlike
manner. Subject to the terms of this Agreement, the City may obtain any building and
other construction permits it deems necessary, without the prior consent of the
Temple.
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Except in the case of any emergency, The City shall not enter the Exclusive Use
Area for the purpose of effecting the maintenance and repairs, alterations or
improvements other than during normal business hours and shall give the Temple
twenty-four (24) hours notice of the intention to enter for those purposes.
Notwithstanding any provision in this agreement to the contrary, so long as the
Temple maintains a percentage ownership interest in the Real Property, the City shall
maintain and preserve the historical characteristics of the interior and exterior of the
Recreational Center.
Section 8. INSPECTION BY THE CITY. The Temple shall permit the City or the
City's agents, representatives or employees to enter the Exclusive Use Area, upon
reasonable notice, at all reasonable times for the purpose of inspecting the Exclusive
Use Area to determine whether the Temple is complying with the terms of this
Agreement and for the purpose of doing other lawful acts that may be necessary to
protect the City's interest in the Recreational Center and the Real Property.
Section 9. COMMON AREAS OF THE RECREATIONAL CENTER. The City shall
make available, at all times, in any portion of the Recreational Center that the City
from time to time designates or relocates, automobile parking and common areas
(jointly referred to as "common areas", as that term is defined below) as the City shall
from time to time deem appropriate, provided that any such designation or relocation
does not substantially interfere or prevent the use of the Exclusive Use Area by the
Temple. The Temple shall have the nonexclusive right to use the common areas for
itself, its employees, agents, members, clients, invitees and licensees, or those of
Atascadero Lodge No. 493 of the Free and Accepted Masons of the State of
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California ("Masons") and Chapter 344 of the Order of Eastern Star of the State of
California ("Eastern Star"), and any affiliated entity or group; provided, however, that
such use shall not unreasonably interfere with the use of the Recreational Center by
the City or any of its tenants, invitees and licensees.
The term "common areas" means the portions of the Real Property and the
Recreational Center that, at the time in question, have been designated and improved
for common use by or for the benefit of the Recreational Center, including, but not
limited to, the parking areas; access and perimeter roads; landscaped areas; exterior
walks, roofs, stairways; interior corridors, stairs and balconies; directory equipment;
the main entry lobby; restrooms; and drinking fountains.
All common areas shall be subject to the exclusive control and management of
the City or any other persons or nominees that the City may have delegated or
assigned to exercise management or control, in whole or in part, in the City's place
and stead, so long as such control and management does not unreasonably interfere
with the use of the Exclusive Use Area and Facilities by the Temple. The City shall
have the right to close, if necessary, all or any portion of the common areas as is
deemed necessary by the City in order to effect necessary repairs, maintenance or
construction, or to maintain the safety of occupants of the Recreational Center or the
general public. The City will maintain the common areas in a clean, orderly and
sanitary manner. The City is responsible for all repairs of the common areas, except
those required by the negligence of the Temple.
Section 10 UTILITIES AND SERVICES FURNISHED BY THE CITY. The City
shall, at its own expense, provide the following utilities and services to the Exclusive
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Use Area and to the Recreational Center:
(a) Water, gas and electricity available seven (7) days a week, twenty-
four (24) hours a day; and
(b) Heating available seven (7) days a week, twenty-four (24)
hours a day.
Section 11. TAXES AND ASSESSMENTS. The Temple shall pay and discharge
any taxes assessed against its personal property or against any fixtures owned by the
Temple which are not payable with any real property taxes assessed against the Real
Property, and any possessory use or interest tax or its fractional interest in any real
property tax assessment which may be assessed against the Real Property by the
taxing authorities for the County of San Luis Obispo, California as a result of the
Temple's interest in or use of the Real Property. Except as set forth herein, the City
shall pay and discharge any real property taxes or assessments which may be
assessed against the Real Property.
Section 12. INSURANCE.
12.1 THE CITY'S OBLIGATION. The City shall secure from a good and
responsible company or companies authorized to do insurance business in California,
and maintain at all times, a fire and extended coverage insurance policy, in an amount
not less than one hundred percent (100%) replacement value of the Recreational
Center and other improvements on the Real Property.
Provided that insurance is available covering risks against earthquakes,then the
City shall maintain such coverage if (i) the annual cost for such coverage does not
exceed an annual premium of Five Thousand Dollars ($5,000.00), subject to annual
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adjustment based upon adjustments in the consumer price index as set forth below,
and (ii) the deductible for any loss under such coverage does not exceed 20% of the
cost to repair any damage for which a claim would be paid under the insurance policy
providing for earthquake coverage.
The minimum annual premium for earthquake coverage(Annual Premium) under
this agreement shall be adjusted commencing twelve (12) months from the recording
of this agreement with the County Recorder of San Luis Obispo County, California and
each year thereafter ("the adjustment date"). Adjustments shall be made as follows:
The base for computing the index is the Consumer Price Index for All Urban
Consumers (base year 1982-1984 = 100) for Los Angeles-Anaheim-Riverside
published by the United States Department of Labor, Bureau of Labor Statistics
("Index") for the month of June, 1994 ("Beginning Index"). If the index published for
the month of June immediately preceding the adjustment date, which is the Extension
Index, has increased over the Beginning Index, the Annual Premium until the next rent
adjustment shall be set by multiplying the Annual Premium then in effect by a fraction,
the numerator of which is the Extension Index and the denominator of which is the
Beginning Index.
If the Index is changed, the Index shall be converted in accordance with the
conversion factor published by the United States Department of Labor, Bureau of
Labor Statistics. If the Index is discontinued or revised, such other government index
or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the Index had not been discontinued or
revised.
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12.2 THE TEMPLE'S OBLIGATION. The Temple shall secure from a
good and responsible company or companies authorized to do insurance business in
California, and maintain at all times, a liability and property damage insurance policy
with a single combined liability limit in the minimum amount of Three Hundred
Thousand Dollars ($300,000.00), and property damage limits of not less than Fifty
Thousand Dollars ($50,000.00), insuring against all of the Temple's liability arising out
of the Temple's use or occupancy of the Real Property.
12.3 ADDITIONAL INSUREDS. The City and the Temple agree that the
other shall be named as an additional insured on the aforementioned policies of
insurance and that such insurance policies described in this article shall contain cross-
liability endorsements.
12.4 PROTECTION AGAINST CANCELLATION. Each party must give
proof to the other that each of the policies provided for in this section expressly
provides that the policy shall not be canceled or altered without thirty (30) days' prior
written notice to the other party.
12.5 FAILURE TO SECURE. If either party at any time fails to secure or
maintain the foregoing insurance, the other party shall be permitted to obtain that
insurance in the defaulting party's name or as the agent of the defaulting party, and
shall be compensated by the defaulting party for the cost of the insurance premiums.
The defaulting party shall reimburse the other paying party the full amount paid not
later than thirty (30) days from the date written notice is received that the premiums
have been paid.
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12.6 PROCEEDS. Proceeds from any policy or polices shall be payable
to the City and the Temple as their respective interests may appear and shall be used
to satisfy any liability or duty for which the insurance was maintained.
Section 13. INDEMNIFICATION. Neither party shall be liable to the other, and
each party hereby waives all claims against the other, for any injury or damage to any
person or property in or about the Exclusive Use Area or any part of the Recreational
Center by or from any cause whatsoever, except injury or damage to a party resulting
from the acts or omissions of the other party or of the other party's authorized
agents.
Each party shall hold the other party harmless from and defend the other party
against any and all claims or liability for any injury or damage to any person or
property whatsoever occurring in, on or about the Real Property and Recreational
Center when that injury or damage was caused in part or in whole by the act, neglect,
fault, or omission of any duty of the indemnifying party or its agents, servants,
employees, invitees, licensees or members. For the purposes of this provision, an
invitee of a party shall be deemed to include any person, group of persons or entity
and the members thereof who are on the Real Property with the express or implied
consent of a party.
Section 14. DESTRUCTION OF THE EXCLUSIVE USE AREA OR
RECREATIONAL CENTER OR OTHER CIRCUMSTANCE PREVENTING USE. If the
Exclusive Use Area or the Recreational Center are damaged or destroyed by any cause
not the fault of the Temple, or if they become un-occupiable for any other cause not
the fault of the Temple, or due to condemnation or any law which concerns the health
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and safety of the occupants of the Real Property, then the City shall, at its expense,
rebuild the Exclusive Use Area or make reasonable repairs; provided, however, that
if the buUding becomes un-occupiable or is damaged or destroyed by any cause other
than a cause for which insurance coverage is required to be maintained pursuant to
this Agreement, or if the cause is covered by insurance and the insurance proceeds
are insufficient to place the Exclusive Use Area in an occupiable condition existing
before the damage or destruction, then the City shall only be required to repair or
rebuild the building if and when funding is available. In the event that the City cannot
rebuild or repair the Exclusive Use Area or the Recreational Center due to a lack of
funds, then the City covenants and agrees to use all reasonable effort in obtaining the
required funding within a reasonable period of time.
If the Exclusive Use Area or the Facilities become un-occupiable by the Temple
for a period of Sixty (60) days from the date of the event causing them to become un-
occupiable, then the City shall provide to the Temple suitable space for the continued
conduct of the Temple's activities until the Exclusive Use Area and Facilities are fit for
occupancy.
Section 15. INABILITY TO USE• FEE SIMPLE SUBJECT TO CONDITION
SUBSEQUENT. In the event that the Exclusive Use Area and the Facilities become
unusable for the intended purposes by the Temple for a period of ten (10) years for
any reason under Section 7, Section 14 or as a result of any other cause not the
primary fault of the Temple, then at the election of the Temple, the City shall
purchase a parcel of real property and construct on it a building, which shall, upon
completion, be conveyed without cost or offset, in fee simple absolute and free of
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encumbrances, to the Temple. The criteria for the parcel of real property and the
building are as follows:
1. The building shall be free standing on a separate legal lot and shall be
constructed to meet all then existing building and zoning requirements, including, but
not limited to landscaping, parking and off-site improvements;
2. The building shall be newly constructed in a workmanlike manner with
new materials; except upon the consent of the Temple, the building can be a
renovated structure;
3. The legal lot and building will be within the city limits of the City of
Atascadero;
4. The building will have a "lodge room," "kitchen," "storage," and "dining
area," that equal or exceed the square footage existing for these areas in the
Recreational Center.
5. The building will meet the current building standards and specifications
then existing for lodges as promulgated by the Grand Lodge, Free and Accepted
Masons of the State of California;
6. The building will have restrooms, one men's and one women's, which
will comply with then current building standards;
7. The building will have like kind and quality appliances and amenities as
exist at the Recreational Center on the date of the conveyance to the City of its
fractional fee simple interest in the Real Property by the Temple in accordance with
the Agreement To Convey Real Property Subject To Conditions Subsequent And
Reservation Of Rights.
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Upon the completion of the building and the conveyance of the parcel of real
property to the Temple, the City shall cause to be moved to the newly constructed
building,,at its expense, all of the personal property and fixtures of the Temple at the
Recreational Center which can be removed without injury to the Recreational Center.
At the time the building and the parcel of real property are conveyed to the
Temple, the Temple shall convey and assign to the City all of its rights to the
Exclusive Use Area, the Recreational Center and the Real Property, provided that the
building and parcel are conveyed to the Temple within said ten (10) year period and
any interests of the Temple in the Real Property shall terminate and be vested in the
City in fee simple absolute, without any further restrictions, ownership interests or
rights in favor of the Temple. At the request of the City, the Temple shall execute
and deliver to the City a quit claim deed in a form acceptable to any title insurer
designated by the City.
In the event that the Temple makes its election to require the City to obtain a
parcel of real property and to construct on it a building, both of which are to be
conveyed to the Temple, and should the City fail in its obligation to do so within a
period of thirty-six months from the expiration of said ten (10) year period, then the
Temple or its successors and assigns, without paying any compensation for the Real
Property or for any buildings or other improvements located upon or which are a part
of the Real Property, and without making any compensation or incurring any liability
for damages or losses of any kind, shall have the power to terminate all right, title and
interest in the Real Property granted by the Temple to the City or its successors and
assigns, in the manner provided by law for the exercise of this power of termination.
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For reference purposes only, and without affecting the parties' duty to comply with
the law existing at the date the power of termination is to be exercised by the
Temple, .California Civil Code §885.050 provides at the date of this agreement as
follows:
" A power of termination shall be exercised only by notice or by civil
action and, if the power of termination is of record, the exercise shall be
of record. The notice shall be given, and any civil action shall be
commenced, within five years after breach of the restriction to which the
fee simple estate is subject, or such longer period as may be agreed to
by the parties by a waiver or extension recorded before expiration of that
period"
Immediately on such a termination, the City or its successors and assigns shall
forfeit all rights or title to the Real Property and the title to the Real Property conveyed
to the City shall revert to the Temple or its successors and assigns as fee simple
absolute.
Section 16. ASSIGNMENT OR TRANSFER OF INTEREST. Neither the Temple
or the City shall encumber, assign or otherwise transfer its interest in the Real
Property without first obtaining the consent of the other party, which consent shall
not be unreasonably withheld, except that the Temple may assign or convey its
interest in the Real Property without the consent of the City to either or both of the
Masons and the Eastern Star or to either or both of the Grand Lodge, Free and
Accepted Masons of the State of California and the Grand Chapter of the State of
California, Order of Eastern Star. In the event that the Temple has not conveyed its
interest in the Real Property pursuant to this Section 16, then upon dissolution of the
Temple in accordance with the California Corporations Code, the interest of the
Temple in the Real Property shall be distributed to the City. The Temple covenants
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and agrees that it shall not modify or amend any provision of its Articles or Bylaws
which provide to the City the right to bring an action to cause the involuntary
dissolution of the Temple in accordance with California Corporations Code
§8510(b)(1) or any provision which provides distribution of the Real Property to the
City upon dissolution of the Temple as required by this Section 16.
Section 17. MEDIATION OF DISPUTES. City and Temple agree to mediate any
dispute or claim between them arising out of this agreement or any resulting
transaction before resorting to arbitration or court action. Mediation is a process in
which parties attempt to resolve a dispute by submitting it to an impartial, neutral
mediator who is authorized to facilitate the resolution of the dispute but who is not
empowered to impose a settlement on the parties. Mediation fee, if any, shall be
divided equally among the parties involved. Before the mediation begins, the parties
agree to sign a document limiting the admissibility in arbitration or any civil action of
anything said, any admission made, and any documents prepared, in the course of the
mediation, consistent with Evidence Code §1152.5. If any party commences an
arbitration or court action based on a dispute or claim to which this paragraph applies
without first attempting to resolve the matter through mediation, then in the discretion
of the arbitrator(s) or judge, that party shall not be entitled to recover attorney's fees
even if they would otherwise be available to that party in any such arbitration or court
action. However, the filing of a judicial action to enable the recording of a notice of
pending action, for order of attachment, receivership, injunction, or other provisional
remedies, shall not in itself constitute a loss of the right to recover attorney's fees
under this provision.
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Section 18. ARBITRATION. Subject to Section 16, any controversy or claim
arising out of or relating to any issue which may arise under this Agreement or the
breach thereof shall be settled by arbitration in accordance with the commercial rules
of the American Arbitration Association. The parties may agree to personal
arrangements for arbitration under the rules of the American Arbitration Association.
If they are unable to do so, however, the Association is authorized, upon the request
of any party, to make arrangements for this arbitration to be held under its rules at a
convenient location nearest Atascadero, California. This Agreement shall be
enforceable and judgement upon any award in such arbitration may be entered in any
court of competent jurisdiction in California, and shall be binding upon all parties.
Notwithstanding the above to the contrary, any party may seek injunctive or other
equitable relief in a court of competent jurisdiction pending the arbitration process.
Section 19. WAIVER OF BREACH. The waiver by any party of any breach by
the other party of any of the provisions of this Agreement shall not constitute a
continuing waiver or a wavier of any subsequent default or breach either of the same
or a different provision of this Agreement.
Section 20. NOTICES. Except as otherwise expressly provided by law, any
and all notices or other communications required or permitted by this Agreement or
by law to be served on or given to either party to this Agreement by the other party
shall be in writing and shall be deemed duly served and given when personally
delivered to the party to whom it is directed or any managing employee of that party,
or in lieu of personal service, when deposited in the United States mail, first-class
postage prepaid, addressed to:
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The Temple: ATASCADERO TEMPLE ASSOCIATION
Attn: Board President
6351 Olmeda Avenue
Atascadero, CA 93422
The City: CITY OF ATASCADERO
Attn: City Manager
6500 Palma Avenue
Atascadero, CA 93422
Either party may change its address for purposes of this paragraph by giving
written notice of the change to the other party in the manner provided in this
paragraph.
Section 21. BINDING ON HEIRS AND SUCCESSORS. This Agreement shall be
binding on and shall inure to the benefit of the heirs, executors, administrators,
successors and assigns of the parties, but nothing in this paragraph shall be construed
as a consent by a party to any assignment of this Agreement or any interest therein
by the other party, except as provided in this Agreement.
Section 22. TIME OF ESSENCE. Time is expressly declared to be of the
essence in this Agreement.
Section 23 SOLE AND ONLY AGREEMENT. Except as set forth in the
Agreement To Convey Real Property Subject To Conditions Subsequent And
Reservation Of Rights, or any deed recorded as a result thereof, this instrument
constitutes the sole and only agreement between the City and the Temple respecting
the Real Property and correctly sets forth the obligations of the City and the Temple
to each other as of this date. Any agreements or representations respecting the Real
Property not expressly set forth in this instrument are null and void.
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Section 24. ATTORNEYS FEES. If any litigation, including arbitration
proceedings, is commenced between the parties to this Agreement concerning the
Exclusive Use Area, the Recreational Center, the Real Property or this Agreement, or
the rights and duties of either party in relation thereto, the party prevailing in that
litigation shall be entitled, in addition to any other relief that may be granted in the
litigation, to a reasonable sum as and for its attorney's fees in the litigation, which
shall be determined by the court or arbitrator, as the case may be, or in a separate
action brought for that purpose.
Section 25. WAIVER OF PARTITION RIGHTS. During the period of joint
ownership of the Real Property by the City and the Temple, each of them expressly
waive any right of partition under Part III, Title 10.5 of the California Code of Civil
Procedure.
Section 26. CONDEMNATION. Except as set forth in Section 14, in the event
that the interest of the Temple in the Exclusive Use Area, the Recreational Center or
the Real Property are condemned for public purposes by the City or any other public
or quasi-public agency or entity having the power of eminent domain, then the City
and the Temple agree that the fair market value of the interest of the Temple in the
Real Property for the condemnation purposes shall include a value as if the conditions
set forth in Section 15 had occurred and a duty arises for the City to convey to the
Temple another parcel of real property and a newly constructed building. However,
the power of termination in favor of the Temple to terminate the fee simple interest
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of the City in the Real Property shall not be considered in valuing the ownership
interest of the Temple in the Real Property for the condemnation purposes.
Exgcuted on 1-- - 1994, at Atascadero, San Luis Obispo
County, California.
The Temple: The City:
THE ATASCADERO TEMPLE ASSOCIATION, INC. THE CITY OF ATASCADERO,
a Municipal Corporation
By: �/7. z y� . mac' t 11 CZ�� By: /
I
Its President Its Mayor
v
Its Secretary
APPROVED AS TO FORM, SUBJECT TO SECTION 3 OF THE AGREEMENT TO
CONVEY REAL PROPERTY SUBJECT TO CONDITION SUBSEQUENT AND
RESERVATION OF RIGHTS:
The Temple: The City:
THE ATASCADERO TEMPLE ASSOCIATION, INC. THE CITY OF ATASCADERO,
a Municipal Corporation
By: ��1c�� Q�•�« B
Its President Its City Manager
Its Secretary
df\b:f agts 1 I ntastemp.occ
June 30, 1994
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ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
i
''O , 1994, before me, i `- , personally appeared
personally known to me
euideaee) to be the person*whose name* Ware subscribed to the within instrument and acknowledged to me
that, he/sheAhey executed the same in his/haMhek authorized capacity*o, and that by his/her4hair signature.
on the instrument the personKor the entity upon behalf of which the person#) acted, executed the instrument.
WITNESS my hand and official seal.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
On 1994, before me, U , personally appeared
personally known to me ( y
4vkleneeyto be th�personal whose name( is/ar-e subscribed to the within instrument and acknowledged to me
that, he/sheLdw*executed the same in hisAefAheir authorized capacity.), and that by his/hectheir signatures
on the instrument the personoo or the entity upon behalf of which the persoi* acted, executed the instrument.
WITNESS my hand and official seal.
OFFICIAL 170 rA 5,AL
LEE DAYIbs w
psi Notary e
Fubli^-�at;3litor
✓ _`s k iff SAN LEIS Ocl bZ"Lm iTY`1c33 j
,any Comm.Expiw6 FESQd . i�`•
ACKNOWLEDGMENT If 4
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
On 7/22/94 , 1994, before me, **Sal I D. Twiford** , personally appeared
**Mary L Aman** )W$W4W1V"gA0pq(or proved to me on the basis of satisfactory
evidence) to be the person($) whose name( i$/are subscribed to the within instrument and acknowledged to me
that, Wshe/rty executed the same in W/her/t#gif authorized capacityW), and that by 1�1/her/ogir signature(§)
on the instrument the person(o or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SALLY'D - tifi r�
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
On 7/22/94 , 1994, before me, **Sally D Twi ford** , personally appeared
**Carol M. Tucker** &$btQV/l jXgf)gfe (or proved to me on the basis of satisfactory
evidence) to be the person(y) whose name(s) i$/are subscribed to the within instrument and acknowledged to me
that, h,6/she/fty executed the same in his/her/)I eir authorized capacity(), and that by 1 A1/her/t4gly signature(4
on the instrument the persona) or the entity upon behalf of which the person(y) acted, executed the instrument.
WITNESS my hand and official seal.
:' SHL!Y D. i�A", FORD
Ll. - '987277 <
rel COMM.Y!
\ x a Notary Public California X
> San 1 uis Obispo County
MV Comm.Exp.Mar.2o,1997 N
// �� • / '" Chi f[fC t'C���G�T
ID OF DOCUMENT
RESOLUTION NUMBER 39-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AGREEMENTS WITH
ATASCADERO TEMPLE ASSOCIATION
FOR
ACQUIRING THE ATASCADERO MASONIC TEMPLE AS A
COMMUNITY/YOUTH CENTER
The City Council of the City of Atascadero, California, hereby
resolves as follows:
1. The Mayor is hereby authorized to execute a Conveyance of
Real Property Agreement and Joint Occupancy Agreement
with the Atascadero Temple Association for the conveyance
of 99 percent of the Atascadero Masonic Temple building
and 100 percent of both lots to the City of Atascadero
located at 6351 Olmeda Avenue, Atascadero, California.
2 . The City Manager is hereby authorized to make minor
corrections or :modifications of a mathematical or
clerical nature.
3 . The Finance Director is hereby authorized to appropriate
funds, if to complyy; release and w with the terms expend funds;
warrants
o f his agreement.
PASSED AND ADOPTED at a regular meeting of he City Council of
the City of Atascadero, held on the 24th day of May, 1994.
ATTEST: CITY OF ATASCAD O
06
E, City Clerk
ROBERT P. NIMMO,LEE PRI� Mayor
APPROVED AS TO FORM:
�ERR. N, CityAttorney
EXHIBIT A
LEGAL DESCRIPTION
Ppg�CEL 1 IN THE COUNTY OF
OF ADMINISTRATION PARK, D
CALIFORNIA, ACCORDING TO AMENDMENT "
THAT PORTION OF ESTATE OF 1918 , IN BOOK 4 OF MAPS,
SAN LUIS OBISPO, ERS, RECORDED APRIL 15,
TO MAP OF ATASCAD DESCRIBED AS FOLLOWS :
AT PAGE 67-A, RECORDS OF SAID COUNTY, SAID
AT THE MOST
SOUTHERLY CORNER OF SAID LOT 12IN
POINT OF INTERSECTION OF THE CENT ERTERLYS LINE OF
POINT OF
BEGINBEING THE CE ALONG THE SOUTHEAS
POINT AND WEST MALL; THSLINOF WEST MALL,
NORTH MALL WHICH IS THE CENTERS AT RIGHT ANGLES
SAID LOT 12'p`, T 169 .37 FEET;
NORTH 28°37' 00" EAS THENCE AT RIGHTANGLES
61°23 ' 00" WEST 266 .48 FEET; ON THENCE
NORTH „ -WEST 169 .37 FEET TO A POINTON
NORTH MAIL;
SOUTH 28°37 DOD THE CENTER LINE OF SAID LOT 12-3,
LINE OF SAID LOT ALONG THE SOUTHWESTERLY OIC 61°23 ' 00" EAST
AT RIGHT ANGLES, OF SOUTH
WHICH IS THE CENTERPOYNT OF BEGINNING-
FEET
266 .48 TO .
THEREFROM ALL WATER IN, UNDER OR UPON SAID LAND•
EXCEPTING T ALLEYS SHOWN ON
SO EXCEPTING THEREFROM ALL STREETS, ROADS AND
ALSOVEREFERRED TO.
THE MAP AB
SEE ATTACHED EXHIBIT MADE A PART HEREOF .
PLR— C!2 IN THE
OF LOTS 12 AND 12-A OF ADMINISTRATIACCORDING TO
THAT PORTION STATE OF CALIFORNIA, 1918 , IN
COUNTY OF SAN LUIS OBISPO, RECORDED APRIL is , DESCRIBED
AMENDMENT "D" TO MAP OF ATA A,
ECORDS OF SAID COUNTY,
BOOK 4 OF MAPS, AT PAGE 67-A,
AS FOLLOWS : L, SAID POINT
CENTER LINE OF WEST MAL DESCRIBED
BEGINNING AT A POINT ON 1HE 111 12, AND 12-A OF SAID 3Bo�
BEING COMMON TO LOTS THENCE ALONG SAID CENTER LI023 , 00„ WEST
ADMINISTRATION PARK; THENCE NORTH 61FEET TO THE
SOUTH 28°37' 00" WEST 59 .43 FEET;
° ' 00" WEST 169 .37
266 .48 FEET;
THENCE SOUTH THENCE ALONG SAID CENTER LINE
CO ER OF
CENTER LINE OF NORTH MALL; WESTERLY LINE
°23r00�� WEST 43 .34 FEET TO THE MOST WESTERL
NORTH 61 THENCE ALONG THE MOST
THE ABOVE DESCRIBED LOT 12 3' , 00„ EAST 93 .20 FEET TOYING A RADI
ID LOT 12-A, NORTH 28°39 WESTERLY 40
OF SAID VE CONCAVE TO THE NRVEH�DTSAID
BEGINNING OF A C[3IZ ALONG SAID CUR
• THENCE 6°a7 ' 38" AN ARC DISTANCE OF
OF 1146 . 00 FEET' ANGLE OF
'THROUGH. A CENTRAL i.}OST NORTHERLY CORNER OF SAID LOT 12-A; THE
135 . 89 FEET TO TH
If
SAME BEING
COMMON WITH THE ABOVE DESCRIBED
THENCESOUTH61023 ' 00" EAST
NORTH 28037 ' 00" EAST, 20 . 00 THENCE ALONG SAID
317 .73 FEET TO THE CENTER LINE OF WEST MALL;
WEST 20 .00 FEET TO THE POINT OF
CENTER LINE SOUTH 28037' 00"
BEGINNING_
EXCEPT THEREFROM ALL MINERALS OR OTHER HYDRO—CAfZBON SUBSTANCES
UNDER, IN OR UPON SAID LAND.
ALSO EXCEPT THEREFROM THAT PORTION THEREOF
LYON SWITHIN
THE LINES
OF THE NORTH MALL AND THE WESHOWN i
SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF.
OHN R.ASERS,
P.L.S. 5812 DATE{
EXPIRATION DATE 06/30/96
I
i
14D S�,�
EXP.
No. 5812
�lgjE OF CA������
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EXHIBIT ., I
i
...__ ..._ _..._.
. ..... . ........... ..........
ISSUE DATE(MM/DO/YY)
CERTI ICATE O INSURANCE
6/21/95
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
MORRIS&GARRITANO INSURANCE
COMPANIES AFFORDING COVERAGE
P.O. DRAWER 1189
COMPANY
SAN LUIS OBISPO,CA 93406 A
LETTER Reliance
COMPANY
LETTER
INSURED
COMPANY
LETTER C
Atascadero Temple Association COMPANY
P.O.Box 715 LETTER D
Atascadero CA 93423 COMPANY E
LETTER
C0V.ERAGES ...
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS
LTR DATE (MM/DD/YY)DATE(MM/DD/YY)
A GENERAL LIABILITY JK2669357 8/09/95 8/09/96 GENERAL AGGREGATE
X COMM. GENERAL LIABILITY PROD-COMP/OP AGG.
CLAIMS MADE XaOCC. PERS.&ADV. INJURY 1000000
OWNER'S&CONTRACT'S PROT EACH OCCURRENCE 1000000
FIRE DAMAGE(One Fire)
MED. EXP. One Per 5000
AUTOMOBILE LIABILITY COMBINED SINGLE
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
. ..... ............................
THER THAN UMBRELLA FOR
STATUTORY LIMITS
WORKER'S COMPENSATION EACH ACCIDENT
AND DISEASE-POLICY LIMIT
EMPLOYERS' LIABILITY DISEASE-EACH EMP.
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE: 6351 Olmeda Ave, Atascadero,CA 93422
Certificate holder is named as additional insured.
G RTr :ICATE HoL:OCANCELLA7104
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
City of Atascadero LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Attn:City Manager LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
6500 Palma Avenue
AUTHORIZED REP& TATIVE
Atascadero,CA 93422
AGQRE3 25 S 7/90 22--49
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