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Home My WebLink AboutAtascadero Temple Assoc. Convey Real Property ATASCADERO RECREATION CENTER FINAL REPORT ON SEISMIC STABILITY & ACCESSIBILITY REQUIREMENTS 6351 01meda Avenue Atascadero,California ATASCADERO RECREATION CENTER FINAL REPORT ON SEISMIC STABILITY & ACCESSIBILITY REQUIREMENTS 6351 Olmeda street Atascadero,California Submittal and Analysis conducted by F.L. Henderson & Associates, Inc. 5275 El Camino Real, Atascadero,CA 93422 805.466.1879 NOVEMBER 6, 1995 PHILOSOPHY OF ANALYSIS This investigation was undertaken with the purpose of identifying the pertinent issues without bias to final use or outcome. The focus is on specific deficiencies and the actions required for correction. i ACKNOWLEDGMENTS CONSULTANTS STRUCTURAL ENGINEER Donna Louise Otto Civil-Structural Engineer 396 South Ocean Avenue Cayucos,CA 93430 805.995.3128 COMPRESSIVE STRENGTH TEST OF CONCRETE,POURED IN PLACE CONCRETE REINFORCEMENT TESTING(R METER SURVEY) & IN-PLACE BRICK SHEAR TEST Brad Huggins,Senior Inspector Earth Systems Consultants 4378 Santa Fe Road San Luis Obispo,CA 93401 805.544.3276 ASBESTOS INSPECTION Michael McGuire,CSP West Coast Safety Consultants 1777 Vicente Drive San Luis Obispo,CA 93405 805.543.0451 HISTORICAL PERSPECTIVE Marj Mackie Atascadero Historical Museum Society Atascadero,CA Mazie Adams(Former"Printery"employee) Atascadero Historical Museum Society Atascadero,CA Sl TABLE OF CONTENTS Philosophy of Analysis i Acknowledgments Table of Contents RETROFIT ANALYSIS Introduction 1 History 2 ACCESSIBILITY REQUIREMENTS Summary 8 STRUCTURAL ANALYSIS Summary 10 ENERGY AND MECHANICAL SYSTEMS ANALYSIS Summary 11 HAZARDOUS MATERIALS Summary 12 COST ESTIMATE Summary 13 REFERENCES 14 APPENDIX 15 Project Drawings Consultant Summaries STRUCTURAL ENGINEER Jonna Louise Otto EARTH SYSTEMS CONSULTANTS Brad Huggins WEST COAST SAFETY CONSULTANTS Michael McGuire lll i ATASCADERO RECREATION CENTER RETROFIT ANALYSIS INTRODUCTION This building analysis focuses on the primary issues of life safety, accessibility standards, exiting components and structural safety for continued use of the building. Identification and abatement of hazardous materials found such as asbestos containing building material is included in this analysis. (see report in appendix) Main topics for consideration have been developed as follows: 1. Accessibility requirements 2. Structural, load bearing and seismic 3. Energy and mechanical system 4. Materials testing 5. Asbestos materials Each area of investigation has been individually analyzed per the following: • Listing of the existing condition • The implications of the uniform code for building conservation (UCBC) • California Accessibility Reference Manual • Recommendation of work or action to correct deficiencies • Cost projection for remedial work described 1 HISTORICAL BACKGROUND Atascadero's founder Edward G. Lewis came to Atascadero in 1913, and he purchased 23,000 acres from J.H. Henry. He needed a printing press to help publicize his venture. Thus, the Printery was born in 1915. The Printery was the first major building constructed in Atascadero's Civic Center and to be put to use. The city administration building was not completed until 1918. The architectural work was prepared by San Francisco architect William Bliss for both the "Printery" and the "City Administration" buildings. The Printery is located at the corner of East Mall and Olmeda across the street from the elementary schools and next to the National Guard Armory. The south wing now known as the photography studio housed the composing-inter type room with three hand feed presses. The kitchen/dining room housed three mammoth presses and the pool room was the news printing room. The foyer was finished with marble floors and its interior walls were decorated with ornamental marble and Ralph Holmes murals. The second floor was occupied with offices: news writers, cloak rooms, a stenographers room, and Mr. Lewis's office. Construction of the original building was 17" brick with brick veneer exterior walls at the lower level floor and 14" brick walls with brick veneer at the second floor. Also with slab floors and wood interior stud walls. In 1928 there was a major remodel. The gymnasium was constructed and the news printing room was converted to house a large swimming pool. Also, some of the offices upstairs were converted into dormitories. The building has remained in this configuration from then to present. In the late 20's the Moran school for boys took possession of the property, from this point on, the building has been in use by various groups and organizations for meetings, classes, and public service. 2 The building in its present and past use is predominantly that of assembly areas designated as (a gymnasium with a stage, a large size swimming pool, a kitchen, a photography studio, large and small rooms upstairs, and , etc.). There are five main areas, four on the first floor and one on the second floor (where the Temple Association meets). DATES IN HISTORY 1950-1916 The Printery was occupied. Starting a hurricane of publications around the United States which caused the Atascadero post office to be the first in San Luis Obispo county to be first class. The illustrated review, a picture-news magazine from rotogravure presses, and the Atascadero News, a paper for local news both originated in 1916. This building with its 125 employees soon became very successful with the illustrated review, with circulation between 10,000 copies per month in their first years up to 1 million per month in later years. 1917 Construction of the Printery extension; Additions are being made to house large presses and the bindery. The bindery existed at the north wing behind what is now the swimming pool space. Also a paper shed and ink house existed behind the gymnasium. These buildings had direct access to the railroad. 1922 The "Printery" success continued until the format was changed to a newspaper still in the rotogravured format and called "The California Illustrated Review" and again changed to "The Atascadero Illustrated Review". The Atascadero News has remained the same except it is now published twice a week. 3 1924 Rotogravure presses installed, largest of their kind west of the Mississippi. 1924-1928 After the Lewis holding went into receivership, the Printery was operated as Western Publishers. During this time the presses were moved to Oakland when E.G. Lewis left. 1928-1950 The Printery and the City Administration Building became the Moran school for boys. An exclusive Junior College based in Seattle for several years. The Printery became: •A Dormitory class rooms •A gymnasium was constructed One of the large spaces was converted to house a large swimming pool •One of the other large spaces was converted into a kitchen 1930's The Printery became the Miramonte school 1937 Young baseball legend Jackie Robinson lived in Atascadero and worked as a counselor at the Miramonte School. Colonial Benjamin Aldrich, Amerivet school, a prep school and junior college would be the last owner to occupy the Printery before the Temple Association. 1950 The Temple Association was formed in February 1950 where the local Masonic Lodge met upstairs. In May of 1950 the Temple Association was to serve as a "holding corp." for the purchase of the building and property from the Aldrich family for the sum of $ 25,000. At the time of purchase the only use of the building was a navy reserve unit. 4 Recently, mayor pro tem George Highland thanked the Masonic lodge and the Order of Eastern Star for their donation of the property. Mary Aman, president of the Masonic Temple Association handed a key over to K.I.D.S. unlimited, a program of the city's community services division. Thus, the proposed Atascadero Recreation Center project was initiated. A community center has been an important need in this city for over 30 years. 5 REFERENCES Atascadero Queen of the King's Highway. Recalling Atascadero California . Volume 3. Recreation Center. Atascadero News. August 10, 1994. Illustrated Review. September 20, 1916 Atascadero News. January 22, 1916 6 ACKNOWLEDGMENTS Atascadero Historical Museum Society Marj Mackie Atascadero Historical Museum Society Mazie Adams (Former "Printery" employee 1919-1924) 7 ACCESSIBILITY REQUIREMENTS When existing (and historical) publicly funded buildings have additions, renovations or alterations, removal of architectural barriers is mandated. By code analysis, seismic retrofit, electrical and mechanical work are not considered alterations or renovations that trigger the requirement for accessibility compliance. However, with the addition of any new development to the existing building, such as the development of a teen center, the threshold to require compliance will be reached, and accessibility of the building should be included in this project. Recommendations All ground floor entrances are to be accessible by means of a ramp where necessary. Path of travel to the second floor is to be by an elevator. Sanitary facilities for each sex are to be accessible for each building level. The three existing rest room pairs will need to be rebuilt with complying features. Space and floor level constraints will challenge the final design. Drinking fountain and telephone (if installed) will be accessible. Also, all entry doors and related hardware, opening force, thresholds etc. are subject to retrofit. 8 EXITING The Uniform Code for Building Conservation (UCBC, 1991 ed.) provides latitude for analysis of existing and historical buildings. In the spirit of continuing an existing use, the building codes recognize the constraints of applying current code analysis to existing exiting patterns. The expressed goal is to preserve the 'fabric' of the historic structure without compromising existing exiting. All areas of the building currently have exiting paths and these can be maintained. These paths will be maintained as well as the additional protection provided by a fire sprinkler system. The second floor is required to have two exits and has the stair to the entrance lobby and the metal stair at the north end of the building as these two exits. Recommendation The metal stair should be considered for replacement due to its weathered, rusted condition. The gymnasium, as an assembly area, should have a second exit added to have direct access to the exterior. 9 STRUCTURAL ANALYSIS The building has been 'mapped' to verify the physical building, original construction techniques and the quality of the structural materials. A strategy for structural strengthening for seismic loads is based on the physical building loads and the strength of the materials in place. The result of the investigation is that the building is an unreinforced masonry building with cast concrete floors and that the materials are of relatively good quality suitable for conventional techniques of retrofit. Wall, floor and foundation materials were tested for structural capabilities and the testing report is also in the appendix. The test results show that the materials are within the allowable limits specified by the UCBC. The main area of structural concern are the unreinforced masonry walls and the lack of connection of the second floor and the roof to supporting walls. A comprehensive outline of work from the structural engineer is in the appendix of this report. Final construction plans and details are being prepared based on these investigations. 10 ENERGY AND MECHANICAL SYSTEM The building has no insulation on the walls or floor except the inherent insulating qualities of thick masonry and concrete slabs. The attic space at the second floor is not insulated and has adequate space for insulation and future mechanical systems. The building has various heating installations for separate spaces. The second floor has a forced air furnace in the attic for the meeting hall, but no system for the dorm room end. Downstairs, the dining room and the gymnasium have individual gas fired space heaters and the pool room has no heating. The photo studio area is serviced by a ground mounted heating/air conditioning unit. The electrical systems for the building is a patchwork of archaic and newer components. Parts of the building have no electrical service and the remaining systems are dangerous. Recommendation The electrical main service to the building should be replaced with new feeders to existing serviceable sub panels and to new subpanels and mechanical equipment. Each use area should be evaluated for basic heating/air conditioning and ventilation requirements and new systems installed. 11 HAZARDOUS MATERIALS In the appendix is the complete report by West Coast Safety Consultants regarding asbestos containing building materials. The report is comprehensive and describes type, location and recommendations for removal. The main area of 'friable' materials is in the basement with the boiler and all insulated piping around the building perimeter in the under floor pipe chase. The 9x9 floor tiles throughout the building are assumed to be asbestos containing and were not tested. Other areas with the material are roofing materials and some vent pipes. Removal of the material, where necessary by construction activities, will need to be carried out by an asbestos abatement contractor. 12 BUDGETING Following is a construction cost estimate based on recommendations listed above and the information available at this time. This cost estimate is conservative by nature and is qualified by estimating/bidding of actual working drawings and specification. Total $ 13 REFERENCES International Conference of Building Officials. Uniform Building Code (UBC). May 1, 1991. International Conference of Building Officials. Uniform Code of Building Conservation (UCBC) 1991. Access Compliance Office of Regulation Services. California Accessibility Reference Manual. Sacramento, California: Division of the State Architect. May , 1994. 14 APPENDIX PROJECT DRAWINGS CONSULTANT SUMMARIES Civil-Structural Engineer Jonna Louise Otto Compressive Strength Test of Concrete , in-place brick shear tests & "R" Meter Survey Brad Huggins, Senior Inspector Asbestos Inspection & Lead-Based Paint Inspection Michael McGuire, CSP (NOTE: Consultant Summaries listed in the Appendix may be obtained through Brady Cherry-Community Services Director) 15 U% ti = N 6i r ® O �n ® Z �o o o ;.. o aD \� U y 10 Z mLL � V r, , i , Z ;L --j, ® UJI) ® I w Ll-: LL: u (D co Cd ui d. 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I W< I , U� w I , Q zQ , i Oct) I I I W z I � <LL Q I D Ir� W � _ _ u 1 ATASCADERO RECREATION CENTER CONSTRUCTION PHASING PHASE I Complete electrical upgrade of main switch board,subpanels, feeders,PG&E transformer, telephone main backboard, and all items designated as Phase I on electrical plans. Asbestos removal and disposal. EST. $35,160 PHASE II Provide disability accessibility components to include additional exits, ramps, handrails, and reconstruction of restrooms off Dining Hall of lower level. EST. $20,000 PHASE III Seismic improvements to existing Pool Room and Gymnasium. (demolition of existing add on to east of gymnasium not included) Addition of restrooms and complete interior renovation of area designated as the Teen Center. This work will include removal and recompaction of existing soil in pool, and removal and replacement of existing slab W/new waterproof membrane and a new wood floor. Electrical power and lighting distribution and Mechanical upgrades to the Teen Center and Gymnasium along with additional items as shown on Architects plans and finish schedules necessary for creation and occupancy of a finished space are to be included. EST. $466,866 LAW OFFICE OF STEPHEN B. SEFTON ATTORNEY AT LAW 530 Tenth Street P.O. BOX 2962 PASO ROBLES, CALIFORNIA TELEPHONE:(805) 238-7178 FAX NO: (805) 238-7254 November 22, 1994 Mike McCain ATASCADERO CITY FIRE DEPT. 6005 Lewis Avenue Atascadero, CA 93422 Art Montandon 6500 Palma Avenue Atascadero, CA 93422 RE: ATASCADERO TEMPLE ASSOCIATION 1 . ENCLOSED IS: Copy of filed Certificate of Amendment of Articles of Incorporation Our check number in the amount of $ As you requested. XX For your information and files. 2. ACTION REQUESTED: Please review. _ Please telephone to discuss. Please pay directly. _ Please schedule an appointment. Please sign and return. Sincerely, THE LAW OFFICE OF STEPHEN B. SEFTON DEBI FERR NTI Secretary Enclosure(s) ^Tts'&':+ 'S:y�,53,'�2: +fr.^s. '.�': :, r, .^.,r.cg -""=`��.,,. yes �'�&:'s.�", K'.'fi � -.-u`'�' +''".� :.aa^""�•;::L: -$"' < '�c. -s- r A453472 Mate O Ca ifornia SECRETARY OF STATE'S OFFICE CORPORATION DIVISION I, TONY MILLER, Acting Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this Nov 9 19% s 100 W . Acting Secretary of State f ..�,� Lio" : Cq�C=�;orvRN�P RGid { i SEC/STATE FORM CE-107 (REV. 2194) 94 25178 A453472 , C' 0 R 4 E D F I L E D :he offica :;; the Secretary of stat °f tl Stc" of C?Worni 0CT:3 1 190I TONY MILLf=i: CERTIFICATE OF AMENDMENT OF ,inn =' ARTICLES OF INCORPORATION OF ATASCADERO TEMPLE ASSOCIATION MARY AMAN and CAROL TUCKER certify that: 1 . They are the president and secretary, respectively, of the ATASCADERO TEMPLE ASSOCIATION, a California mutual benefit corporation. 2. The following amendment to the Articles of Incorporation has been approved by the board of directors: Article IX shall be added to the Articles of Incorporation which states as follows: ARTICLE IX So long as the City of Atascadero, California, (the City) and the corporation maintain a joint fee simple ownership interest in the real property commonly referred to as 6351 Olmeda Avenue, Atascadero, California, the City shah be a designated person under California Corporations Code §8510 (a) (4) for the purposes of filing a complaint for involuntary dissolution of the corporation for the sole reason specified in California Corporations Code § 8510 (b) (1 ), and for no other reason. 1 3. The amendment has been approved by the required-vote of the members and any class of members materially and adversely affected. MARY AMA , President CAROL TUCKER, Secretary VERIFICATION Each of the undersigned declares under penalty of perjury that the statements contained in the foregoing certificate are true and correct of his or her own knowledge, and that this declaration was executed on September 1, 1994, at Atascadero, California. MARY AMA CAROL TUCKER df/b:(apts 11 atastem1.cer 2 Contract No. 94025 AGREEMENT TO CONVEY REAL PROPERTY SUBJECT TO CONDITION SUBSEQUENT AND RESERVATION OF RIGHTS This agreement is made and entered into on the a 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. The Temple is a non-profit organization which owns certain real property described in Exhibit "A" (herein the "Real Property"), for the principal purpose of maintaining it for fraternal, civic or social use, the present primary beneficiaries of which are the Atascadero Lodge No. 493 of the Free and Accepted Masons of the State of California ("Masons") and Chapter 344 of the Order of Eastern Star of the State of California ("Eastern Star"); and B. The City is presently seeking facilities for the expansion of its youth recreational programs; and C. The Temple desires to convey to the City and the City is agreeable to a conveyance of a fractional interest in the Real Property, reserving to the Temple certain rights and establishing certain use restrictions, including, but not limited, the preservation of the historical nature of the Real Property and the establishment of youth and other recreational activities on and within the Real Property; and 1 NOW THEREFORE, IT IS FURTHER AGREED: Section 1. CONVEYANCE SUBJECT TO RESERVATIONS AND JOINT OCCUPANCY AGREEMENT. The Temple shall grant to the City ninety-nine percent fee simple interest to the Real Property, subject to the reservations set forth in Section 2 and the terms and conditions of a joint occupancy agreement (herein "Joint Occupancy Agreement") the form of which has been approved by the City Manager of the City and the Board of Directors of the Temple, subject to the conditions set forth in Section 3. Section 2. RESERVATIONS. The Temple, for itself and for its beneficiaries, (the Masons and the Eastern Star), reserves from the grant to the City the exclusive use of the "Lodge Room" and the existing storage rooms on the second floor of the Recreational Center, without charge or offset, including, but not limited to, maintenance and repair and the cost of utilities, exclusive of telephone service ("exclusive use area"); subject, however, to reasonable rules established by the City applicable to the health and safety of the occupants of the Recreational Center. In addition, the Temple and its beneficiaries shall have the first right of use, without charge or offset, of the dining and kitchen areas in the Recreational Center, subject to availability based upon written committed uses to such facilities by the City made prior to written notice by the Temple of its intent to use the facilities. 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 2 use area of the Temple as referenced above. The additional specific terms of the agreement between the City and the Temple concerning their joint occupancy of the Recreational Center is set forth in the "Joint Occupancy Agreement," which provides for, among other things, insurance, indemnifications, and the City's duty to provide to the Temple an alternative meeting place in the event that repairs and maintenance to the Real Property require an alternative meeting place by the Temple. The terms "Lodge Room", "kitchen" and "storage" are defined with specificity in the "Joint Occupancy Agreement", which definitions and the Joint Occupancy Agreement are incorporated herein by reference. For the purposes of this Section 2, it is agreed that any use and occupancy reserved by the Temple shall not only be for the benefit of the Temple but also for the derivative benefit of the Masons and the Eastern Star, or their affiliated groups; the organizations for which the corporate existence of the Temple applies. Section 3. CONDITIONS TO PERFORMANCE. 3.1 The City's obligations to perform its undertakings provided in this Agreement are conditioned on the fulfillment of each of the following: 3.1(a) The City's review and approval of a current preliminary title report to be furnished by the Temple within fifteen (15) days of the date hereof. The City shall have ten (10) days after receipt of said report in which to review it and to make any objections to title exceptions known to the Temple. If the Temple refuses to remove any objectionable exception or exceptions, the City may elect to waive its objections as to any exception or 3 exceptions and proceed with the acquisition of the Real Property, or in the alternative, the City may terminate its obligation hereunder. The City's failure to notify the Temple in writing of any objectionable exception or exceptions contained in the preliminary title report within said ten (10) day period shall be deemed a conclusive presumption that the City has no objection as to any exception or exceptions. 3.1(b) For the purpose of, among others, satisfying the City's due diligence as required to support the covenants as set forth in Section 6 of this Agreement, the City may, at any time and from time to time until the close of escrow, enter the Real Property for purposes of inspection, survey, tests, design of improvements, and other actions reasonably related to the investigation by the City of the suitability of the Real Property. The City will indemnify, defend, and hold harmless the Temple from any loss, damage, claim, cost, lien, action, liability, or judgment (including, without limitation, the Temple's attorney fees and defense costs) (i) incurred for, from, or by any person or entity acting on behalf of, at the request of, or for the purpose of the actions of the City under this section; or (ii) for personal injury, property damage, or other loss or damage of any kind arising from, resulting from, or in any way related to such entry. The City may make minor changes in the real property in the course of any investigation permitted under this paragraph (e.g., soils borings), provided that the change or damage is only temporary, that it is reasonably necessary 4 to the investigation of the physical characteristics of Real Property, and that the City repairs such damage and restores the Real Property to its original condition promptly on completion of the investigation. The obligation under this section shall survive the termination of this agreement or the close of escrow. On the termination of the agreement for any reason, the City shall immediately restore the property to its physical condition as of the date of this agreement, at the City's sole cost. By giving written notice to the Temple, the City shall have the right, at any time prior to the close of escrow, to terminate this Agreement and the escrow for any reason related to the Real Property discovered by the City's investigation under this section. 3.1(c) The City's review and approval of any and all leases or occupancy agreements affecting the Real Property within fifteen (15) days from the date such leases and agreements are delivered by the Temple to the City. At or before the close of escrow, the Temple shall deposit into escrow an executed assignment of the leases or occupancy agreements on a form to be prepared by the City, together with an estoppel certificate executed by each tenant nor more than fifteen (15) days before closing, in the form attached as Exhibit "B". The Temple warrants and represents that at this time and as of the closing no other leases of the property are or will be in force; no one else has a right of possession; no rent concessions were given; no other agreements were made with the tenants; and neither the Temple nor any tenant is in default under any lease. 5 3.1(d)The Temple's membership voting in accordance with the California Corporations Code to amend its Articles of Incorporation or Bylaws to provide that in the event the Temple maintains an interest in the Real Property at the time it dissolves or is subject to being dissolved in accordance with the California Corporations Code, then (i) the interest in the Real Property will be distributed to the City upon dissolution and (ii) the City shall have the right and power to cause the Temple to be involuntarily dissolved pursuant to California Corporations Code §8510(b)(1). 3.1(e) The review and approval of the " Joint Occupancy Agreement" by the City Council for the City in accordance with law, prior to the close of escrow. 3.2 The Temple's obligations to perform its undertakings provided in this Agreement are conditioned upon fulfillment of each of the following: 3.2(a) A letter of opinion by a Certified Public Accountant and/or legal counsel selected at the discretion of the Temple substantiating that the conveyance of the Real Property to the City and the performance of the terms of the Occupancy Agreement will not constitute a taxable event for any tax purposes or otherwise affect the Temple's status under any governmental code, statute, ordinance or rule as a non-profit Corporation. 3.2(b) The approval of the " Joint Occupancy Agreement" by the members of the Temple pursuant to its Bylaws and in accordance with the California Corporations Code, prior to close of escrow. 6 3.2(c) The Temple's membership voting in accordance with the California Corporations Code to amend its Articles of Incorporation or Bylaws to provide that in the event the Temple maintains an interest in the Real Property at the time it dissolves or is subject to being dissolved in accordance with the California Corporations Code, then (i) the interest in the Real Property will be distributed to the City upon dissolution and (ii) the City shall have the right and power to cause the Temple to be involuntarily dissolved pursuant to California Corporations Code §8510(b)(1). 3.3 Each party's obligation to perform its undertakings provided in this agreement is conditioned upon the issuance of a title insurance policy in a form acceptable to each respective party insuring the respective interests of the parties in the Real Property as set forth in this agreement. 3.4 In the event that the City or the Temple terminate its obligations under this Agreement in accordance with this Section, then neither party shall have any further obligations or liabilities under this Agreement (a party's indemnity obligations excepted). In the event of such termination, all escrow and title charges shall be divided equally between the City and the Temple and all documents delivered to escrow holder shall be returned to the depositing party. If escrow closes then the conditions set forth in this Section 3 shall be deemed satisfied. Section 4. ESCROW. The Temple shall open an escrow ("escrow") by depositing this Agreement, and a duplicate original of this Agreement ("opening of escrow"), at First American Title Company, 6905 EI Camino Real, Atascadero, 7 Now VMW California, who is authorized and instructed to receive and deliver pursuant to the terms and conditions of this Agreement, the instruments, documents, items and monies to be deposited into escrow as herein provided. The Temple and the City shall execute escrow instructions, if further instructions are required by the escrow holder, not inconsistent with this Agreement, including such provisions as escrow holder deems necessary for its protection, no later than sixty (60) days from escrow opening or before if all of the conditions to performance by the parties have been satisfied. If any provision of any such escrow instructions is inconsistent with or contradicts this Agreement in any respect, this Agreement shall pre-empt such escrow instructions as between the parties hereto and shall control and be deemed to be the Agreement of and between the parties unless this Agreement is specifically amended in writing. 4.1 CLOSING COSTS AND FEES. Cost of escrow for the conveyance of the Real Property shall be paid by the City and shall include, but shall not be limited to, escrow fees, recording fees, and documentary tax fees. 4.2 CLOSE OF ESCROW. Escrow shall close on or before sixty (60) days from its opening, or before if all of the conditions to performance by the parties have been satisfied. 4.3 PROBATIONS. Property taxes, bonds, utilities, insurance, contracts and rents, if any, shall be prorated as of the date of recordation of the deed. Any security deposits held by the Temple shall be delivered to the City outside escrow. The amount of any bonds or assessment which are a lien payable with the real property 8 taxes, and which is not yet all due and payable, and as otherwise prorated pursuant to this Agreement, shall be assumed by the City. 4.4 TITLE. The Temple shall convey ninety-nine percent fee simple title to the City by a Grant Deed containing the conditions set forth in Section 1 and the reservations set forth in Section 2. The exact form of the deed shall be prepared by legal counsel for both the City and the Temple, however, the final deed shall be in a form as prescribed by the title insurer. On close of escrow, title shall vest in the City of Atascadero, a municipal corporation, subject to the conditions and reservations in favor of the Temple, as set forth in Sections 1 and 2, and the conditions of title as reflected in the preliminary title report approved by the City in accordance with Section 3.1 (a). 4.5 TITLE POLICY. The Temple shall furnish to the City a California Land Title Association Joint Protection Policy, the cost of which shall be paid by the City, showing title vested in the City jointly with the Temple, subject only to liens, easements, restrictions, rights and conditions of record which appeared in the Preliminary Title Report approved by the City in accordance with Section 3.1 (a) and the conditions and reservations set forth in Sections 1 and 2. 4.6 CANCELLATION. The Temple and the City shall equally pay the costs of escrow cancellation if the aforementioned escrow is cancelled in accordance with Section 3. 4.7 POSSESSION. Except for the limited purpose as set forth in Section 3.1, the joint possession to the Real Property by the City and the Temple shall commence upon the close of escrow, subject to the conditions and reservations set forth in 9 Sections 1 and 2. Upon commencement of the joint occupancy of the Real Property by the City and the Temple, the Real Property shall be in the same condition, reasonable wear and tear excepted, as on the date of this Agreement. Section 5. STATUTORY DISCLOSURES. 5.1 SPECIAL STUDIES ZONE DISCLOSURE. The Real Property may be located in a special studies zone. A special studies zone is essentially an earthquake fault zone. These zones are subject to the Alquist-Priolo Special Studies Zone Act, which is set forth in Californian Public Resources Code Sections 2621-2630. Under the Act, certain projects (such as subdivision of land pursuant to the Subdivision Map Act or the construction of some structures intended for human occupancy) with special studies zones must be approved by the appropriate city or county, in accordance with special policies and criteria. This approval process may require the preparation of a geologic report. 5.2 SEISMIC HAZARD ZONE DISCLOSURE. The Property may be located in a seismic hazard zone. A seismic hazard zone is essentially an area subject to strong ground shaking, liquefaction, landslides, or other ground failure during an earthquake. These zones are subject to the Seismic Hazards Mapping Act, which is set forth in California Public Resources Code Sections 2690-2699.6. Under the Act, certain projects (such as the subdivision of land pursuant to the Subdivision Map Act or the construction of some structures intended for human occupancy)within seismic hazard zones must be approved by the appropriate city or county, in accordance with special policies and criteria. This approval process may require the preparation of a geologic report. 10 Section 6. DISCLAIMER. Except as otherwise provided in this Agreement, the Temple makes no representations or warranties as to the physical condition of the Real Property or in connection with any matter relating to its condition, value, fitness, use, zoning or environmental affects which the City has relied upon, either directly or indirectly. Further, except as otherwise provided in this Agreement, the Temple makes no representation or warranty as to any operative or proposed governmental laws or regulations (including but not limited to earthquake retrofit, zoning, environmental and land use) to which the Real Property is or may be subject. The City acknowledges that the purchase of its interest in the Real Property will be on the basis of the City's own investigation of (i) the physical condition of the Real Property, including the subsurface conditions thereof and (ii) the operative or proposed governmental laws and regulations affecting or applicable to the Real Property, including, but not limited to, earthquake retrofit, zoning, environmental and land use. Except for matters arising from or attributable to a material finding known to the Temple and not disclosed to the City, the City will acquire the Real Property in and "AS IS" condition. The City assumes the risk that adverse physical conditions or the applicability and effect of such governmental laws and regulations may not have been revealed by the City's investigation. As used herein, "material" shall mean all substantive findings that would influence or tend to influence the City's decision to acquire the Real Property. The Temple's obligation to disclose matters "known to the Temple" or words of the like import shall be deemed breached only if the Temple, as of the date of this Agreement, had actual knowledge (as opposed to constructive 11 knowledge) of such material findings not disclosed to the City. In this regard, the Temple represents: (a) The Temple has no actual knowledge of any material, physical or mechanical defects affecting the Real Property. (b) The Temple has no actual knowledge that the Real Property or the operation thereof, violates any laws, regulations or building codes, including, but not limited to, building permit requirements. (c) The Temple has no actual knowledge of any approvals required by any individual necessary to make use of the Real Property or in order to insure adequate vehicular and pedestrian ingress and egress to the Real Property. (d) The Temple has no actual knowledge of any outstanding contracts for any improvements to the Real Property which have not been fully paid or which would support a mechanic's lien against the Real Property. Section 7. WARRANTIES. Each party, the Temple and the City, warrant and represent to the other: (a) All documents delivered pursuant to this Agreement are and will be true and correct copies of originals and represent truly the factual matters stated therein. (b) This Agreement and all documents or instruments delivered pursuant to this Agreement, now, or at or after the closing of escrow, have been or will be duly authorized, executed and delivered and are 12 wry )4 r legal, valid and binding obligations, enforceable in accordance with their respective terms and do not violate any provisions of any law or agreements to which a party is subject or bound. Section 8. ASSIGNMENT. The benefits and obligations of this Agreement may not be assigned by either the Temple or the City without the prior written consent of the other. Section 9. ATTORNEY'S FEES. In the event either the Temple or the City commences an action against the other to enforce any of the provisions of this Agreement, or in the event the City or the Temple is involved in litigation by reason of any act of the other relative to this Agreement, or the Real Property, the prevailing party shall be entitled to receive from the other party reasonable attorney's fees, costs and expenses incurred in connection with any such action or litigation. Section 10. MUTUAL OBLIGATIONS. Performance of any obligation imposed on either the City or the Temple under this Agreement is conditioned on the other party's full performance of all obligations imposed on such other party under this Agreement. Section 11. NOTICES. All notices and demands shall be delivered in writing, either personally or by registered or certified mail, postage prepaid, return receipt requested. All notices and demands shall be considered given when mailed and shall be addressed as follows, provided that if either the City or the Temple gives notice of a change of address, then notice and demands to the party giving such notice shall thereafter be given as requested in such notice: 13 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 Section 12. TIME OF THE ESSENCE. Time and strict punctual performance is of the essence of this Agreement and each of it provisions. Section 13. DUTY TO IMPLEMENT THIS AGREEMENT. The Temple and the City shall execute all instruments and documents and perform all acts which may be reasonably required to accomplish the purpose of this Agreement. Section 14. SURVIVAL OF WARRANTIES. All agreements, covenants, and warranties made by either party to this Agreement shall survive the termination of this Agreement, or in the event escrow closes, the execution of any deeds and the close of escrow on this matter. Section 15. AMENDMENTS. Any modification or amendment of this Agreement,the exhibits to this Agreement, or the other documents delivered pursuant thereto shall be in writing and executed by all parties to the document being amended. Section 16. COMMISSIONS. Neither the City or the Temple shall be responsible for any brokerage or finder's fee incurred by the other as a result of the execution of this agreement. Each party agrees to indemnify and hold harmless the other against any loss or damage, including attorney's fees, incurred as a result of a claim for brokerage or finder's fees due to the acts of the indemnifying party. 14 Section 17. EXHIBITS. All exhibits and schedules attached hereto are incorporated where referenced herein as though set forth in full. Section 18. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which shall be deemed an original agreement when viewed together. Section 19. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 8, this Agreement, shall inure to the benefit of and shall be binding upon the parties hereto, and their respective heirs, executors, successors and assigns. Section 20. GENDER. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates. Section 21. HEADINGS. The paragraph headings in this Agreement are for convenience only and shall have no effect upon the interpretation of this Agreement or any part thereof. Section 22. ENTIRE AGREEMENT. This instrument contains the entire agreement of the parties relating to the rights granted and obligations assumed in this instrument. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent modification signed by the party to be charged. 15 . r►rr �' IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. The Temple: The City: THE ATASCADERO TEMPLE ASSOCIATION, INC. THE CITY OF ATASCADERO, a Municipal Corporation By; Its President Its Ma or J � Its Secretary Its 916944/ ! df\b:[agts1 ATASTEMP.AGT June 30, 1994 16 �rrrr EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 IN THE COUNTY OF THAT PORTION OF LOT 12-A OF ADMINISTRAACCORDION RG, TO AMENDMENT "D" SAN LUIS OBISPO, STATE OF CALIFORNIA, TO MAP OF ATASCADERO, OF SAID CO�Y,IDESCRIBEDIASBFOLLOWS : MAPS, AT PAGE 67-A, RECORDS OF SAID SAID BEGINNING AT THE MOST SOUTHERLYNTRSECTIO OFFTHEID LOT CENTERILINES OF OF POINT BEING THE POINT 0 THENCE ALONG THE SOUTHEASTERLY LINE NORTH MALL AND WEST MALL; SAID LOT 12'A, 11EICH IS T 169 .37 ERTHENCE AT RIGHT ANGLES NORTH 2 8° LINE OF WEST MALL, 3 7 0 0 EST EE ° WEST 2668 T;TO AAPOINT ONTHE AL NOTH 61023' 00SOUTHWESTERLY SOUTH 28037' 00 WEST 169 .37THE FEECENTER LINE OF NORTH MALL; THE NCE OT 12-A, AND LI RIGHT ANGLES, ALONG THE SOUTHWESTERLY LINE F SAID LOT 12-A, LINE. OF SAID LO BNORTH EGIPTNINGL, SOUTH 61023 ' 00" EAST WHICH IS THE CENTER LINE OF 266 .48 FEET TO THE POINT OF EXCEPTING THEREFROM ALL WATER IN, UNDER OR UPON SAID LAND . ON ALSO EXCEPTING THEREFROM ALL STREETS, ROADS AND ALLEYS SHOWN THE MAP ABOVE REFERRED TO. SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. PARCEL 2 IN THE THAT PORTION OF LOTS 12 AND 12-A OF ADMINISTRATION ACCORDING TO COUNTY OF SAN LUIS OBISPP OF ATASTCADEROATE F RECORDEDIP;PRIL 15, 1918 , IN AMENDMENT D BOOK 4 OF MAPS, AT PAGE 67-A, RECORDS OF SAID COUNTY, DESCRIBE AS FOLLOWS : 10 ST MALL, SAID POINT BEGINNING AT A POINT THE CENTER LINE OF LOVE DESCRIBED BEING COMMON TO LOTS 10, 11, 12, AND 12-A OFSAID ADMINISTRATI00t�P�KT 59 .43EFEET; THENCE ALONG SAID CNORTH 61°23 ' 0ENTER LINE 0" WEET SOUTH 28037 00 WEST 169 . 37 266 .48 FEET; THENCE SMALL;OUTH THENCEOALONG TSAID CENTER TLINE OF CENTER LINE OF NORTH MALL, NORTH 61°23' 00" WEST OT 12 A; THENCETO HALONGTTHESMOSTYWEOST CORNER LINE HE ABQVE DESCRIBED LOT 12-A, OF SAID LOT 12-A, NORTH 28°39' 00" EAST 93 .20 FEET WING A RADIUS BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST AND OF 1146 . 00 FEET; THENCE ALONG SA04-7' 38��CURVEE ACNDISTANCEEOFERLY E THROUGH A CENTRAL ANGLE OF 135 . 89 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 12-A; T N ' SAME BEING COMMON WITH THE ABOVE DESCRIBED LOT 12; THENCE NORTH 28037' 00" EAST, 20 . 00 FEET; THENCE SOUTH 61023 ' 00" EAST 317 . 73LINE SOUTHE28E37EOOLINE WESTOF20E00 ST FEET;TOTHENCE POINTALONG OFSAID CENTER BEGINNING. EXCEPT THEREFROM ALL MINERALS OR OTHER HYDRO-CARBON SUBSTANCES UNDER, IN OR UPON SAID LAND. ALSO EXCEPT THEREFROM MALL AND THETWESTTION�L ASEREOF SHOWNyONGSAIDHMINAPTHE LINES OF THE SEE ATTACHED EXHIBIT "B" MADE A PART HEREOF. OHN R. S ERS, P.L.S. 5812 DATE EXPIRATION DATE 06/30/96 SN1;3 S11 SA/b�F' . EXP. No. 5812 �l�rF of cAv�°�� 9110201.DDS PARCEL _ 2 d d PARCEL 1 O� V �DQ (FORMERLY NORTH MALL) I EXHIBIT NTS EXHIBIT "B" *400 ESTOPPEL CERTIFICATE To: The City of Atascadero: The undersigned certifies that: 1 . 1 am the tenant and present occupant of ("the Premises"), laddressl , which constitutes a portion of the property (the "Building") located at laddressl - 2 Ife premises are leased under a lease dated . A copy of the lease and all amendments (collectively called "the Lease") are attached. The Lease contains all the agreements between me and the Landlord. 3. Rent of $ per month has been paid through 4. The Lease term began on , and expires on , or the Lease is for a month to month. (Strike inappropriate provision). The Lease provides option(s) to extend or renew the Lease term for years each. (If no option exists, insert "none".) 5. 1 have no option or right of first refusal to purchase the premises or the building except (If no option exists, insert "none"). My only interest in the Premises or the Building is the Lease. 6. The sum of $ was paid to the Landlord as a security deposit and the sum of $ was paid for the last month's rent. (if none paid, insert "none".) 7. All work required of the Landlord by the Lease has been completed in accordance with the terms of the Lease, and I have accepted, and I am now in possession of, the Premises. Dated: 1994 Tenant: df\b:f apts)atastemp.ex N 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 executea 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. or 2 . The City correctionsis herey orauthorized r e a mathematical ln or clerical nature. 3 . The Finance Director is hereby authorized to appropriate funds, if necessary;with the terms release and expend of this agreementssue warrants to comply PASSED AND ADOPTED at a regular meeting of the City Council of the City of Atascadero, held on the 24th day of May, 1994 . ATTEST: CITY OF ATASCAD O -� -' l' ROBERT P. NIMMO, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: AR ER R. A N, City Attorney