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HomeMy WebLinkAbout2017 CON National City Living History Farm Preserve NCLHFP - Relocation of House to Stein FarmAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY LIVING HISTORY FARM PRESERVE THIS AGREEMENT (the "Agreement") is entered into as of December 19, 2017 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NATIONAL CITY LIVING HISTORY FARM PRESERVE, a non-profit California corporation ("NCLHFP"). RECITALS A. The CITY owns the improved real property commonly known as Stein Farm, located at 1808 "F" Avenue, National City, California (the "Property"). B. The NCLHFP desires the CITY to approve the physical relocation of the Victorian House (the "Structure") from its current location immediately to the south at 1904 "F" Avenue onto a fully -permitted foundation at the Property. C. The NCLHFP agrees that they have the means to properly relocate and rehabilitate the Structure, at no expense to the City, in compliance with all applicable federal, state, and local laws or ordinances and permitting requirements. D. The NCLHFP agrees to obtain a Release from the property owner of 1904 "F" Avenue for the physical relocation of the Structure onto a fully -permitted foundation at the Property and assume all responsibility and liability for such physical relocation. E. The CITY agrees to have NCLHFP maintain and operate the Structure as part of the educational farm and museum for the community's benefit enrichment of National City's history, and NCLHFP is willing to operate and maintain the Structure for such purpose. NOW, THEREFORE, in consideration of the foregoing facts, and in consideration of the promises and covenants hereinafter set forth, the parties agree as follows: TERMS OF AGREEMENT 1.1 NCLHFP shall obtain all necessary permits for the physical relocation of the Structure located at 1904 "F" Avenue onto a fully -permitted foundation at the Property before the work begins. 1.2 NCLHFP shall demonstrate they have the financial and material backing to complete the physical relocation and subsequent rehabilitation of the Structure. The City shall pay no cost associated with the physical relocation and rehabilitation of the Structure onto the Property. 1.3 NCLHFP shall physically relocate the Structure onto the Property within 90 days of the date of this Agreement. If NCLHFP does not so relocate the Structure, the City shall issue a demolition permit to the property owner of 1904 "F" Avenue to demolish the Structure. 1.4 Within 90 days of the date of this Agreement, NCLHFP shall provide the City Manager, or designee, documents proving NCLHFP's financial and material ability to rehabilitate the Structure and obtain all City permits required. Such permits will include, for example, permits for sewer and water connections, and building plans showing details regarding the foundation and footings. 1.5 If NCLHFP fails to obtain a Certificate of Occupancy within 180 days from the date when the Structure has been relocated onto the Property, the City will demolish the Structure. If the City demolishes the Structure pursuant to this Section, NCLHFP expressly agrees to reimburse the City for all costs associated with such demolition. 1.6 NCLHFP shall obtain an occupancy permit from the Building Official within 180 days of the physical relocation of the Structure. Once an occupancy permit is so issued: 1.6.1 The Structure shall remain property of NCLHFP for 2 years starting from the date on which the Structure receives its certificate of occupancy. Immediately thereafter, the Structure, and all improvements made to the Structure by the NCLHFP, shall become the property of the CITY. 1.6.2 The Structure shall, after expiration of the two-year period described in Section 1.4.1, become subject to any then -existing Maintenance and Operating Agreement entered into between NCLHFP and the CITY. 1.6.3 The City shall provide written acceptance of the Structure to the NCLHFP, at which point this Agreement will terminate. 1.7 NCLHFP shall provide and pay for all utilities or services necessary for the use and operation of the Structure at all times relevant to this Agreement, including water, electricity, trash, and sewer charges. NCLHFP shall pay directly to the applicable utility company such charges, and the City shall have no obligation to pay for such utility services. INDEMNIFICATION AND INSURANCE 2.1 NCLHFP Indemnity. The CITY shall not be liable for, or liable to NCLHFP, for the physical relocation and rehabilitation of the Structure. NCLHFP shall defend, indemnify, and hold harmless the CITY, its officers, officials, agents, employees, and volunteers from any and all claims, costs, liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims resulting from, related to, or arising out of NCLHFP' transfer of the Structure to CITY property or arising either directly or indirectly from any act, error, omission or negligence of NCLHFP or its contractors, licensees, invitees, members, agents, servants or employees; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the Agreement Page 2 of 4 City of National City and December 19, 2017 National City Living History Farm Preserve established sole negligence or willful misconduct of the CITY, its agents, officers, or employees. The CITY will cooperate reasonably in the defense of any action, NCLHFP shall employ competent counsel, reasonably acceptable to the City Attorney of National City. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 2.1.1 Third Party Indemnity. NCLHFP shall not invite third party organizations onto the Property until said third party organization furnishes CITY a written agreement in which it indemnifies and holds CITY harmless, upon terms satisfactory to CITY. 2.1.2 Waiver of Liability. NCLHFP agrees to obtain from all guests, invitees, or third party organizations whose participants work on this project, a waiver of liability and hold harmless agreement upon terms satisfactory to the CITY. 2.2 Insurance. NCLHFP, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, and third party organizations NCLHFP invites onto the Property, to purchase and maintain throughout the term of this Agreement, the following insurance policies: 2.2.1 Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 2.2.2 Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("Any Auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. 2.2.3 Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of NCLHFP `employees, and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 2.2.4 If NCLHFP has no employees subject to the California Workers' Compensation and Labor laws, NCLHFP shall execute a Declaration to that effect. The form of said Declaration shall be provided by NCLHFP to the CITY. 2.2.5 The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in Section 2.2.7 below, of cancellation or material change. Agreement Page 3 of 4 City of National City and December 19, 2017 National City Living History Farm Preserve 2.2.6 If required insurance coverage is provided on a "claims made" rather than "occurrence" form, NCLHFP shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 2.2.7 The Certificate Holder for all policies of insurance required by this Section 2.2 shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 2.2.8 Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 2.2.9 This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by, the CITY'S Risk Manager. If NCLHFP does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 2.2.10 All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 2.2.11 If NCLHFP maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by NCLHFP. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 3.0 Recitals A-E above are incorporated by this reference as terms to this Agreement. IN WITNESS WHEREOF, the CITY and NCLHFP have duly executed this Agreement as of the day and year first above written. [Signature Page to Follow] Agreement Page 4 of 4 City of National City and December 19, 2017 National City Living History Farm Preserve CITY OF NATIONAL CITY (CITY) By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: RoUerto M. Contreras Deputy City Attorney NATIONAL CITY LIVING HISTORY FARM PRESERVE, a non-profit California corporation (Signatures of two corporate officers required.) By: Qxvv..c_ (N e) Lori Anne-T'eopkes (Print) Tres; Cie...n+ (Title) BY: x2 34'rne»ut-) (Name) 5 U f ar C. 2,1 rrrrti tar (Print) 3OO&d 7rt�-•�1o¢J� (Title) Agreement Page 5 of 4 City of National City and December 19, 2017 National City Living History Farm Preserve A� Ui CERTIFICATE OF LIABILITY INSURANCE DATE 12116 MMIDDD YY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poficy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cossio insurance Agency PO Box 188 Simpsonville, SC 29681 - NAME CT Larry Cossio PHONE (8ti4)688_0121 FAX 864 688 0138 (A/C NO Erb• wc, Nat: E-MAIL ivy@cossioinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE i NAIC it INSURERA: Scottsdale Insurance Company /NBIMED National City Living History Farm Preserve Inc. 1243 Manchester Street National City, CA 91950 INSURER B : INSURERC: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. ILTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP ;MNIDDIYYYYI LIMITS A X COMMERCIAL GENERALLIABILITY i CPS2417951 08/23/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X I OCCUR RENTED PREMISEMISPES RENTED omurrence} $ 100,000 MED EXP (Any one person) $ 5,000 X 08/23/2017 PERSONAL & ADM INJURY $ 1.000,000 GEM. AGGREGATE X POLICY OTHER, LIMIT APPLIES PER: JECT LOG GENERAL AGGREGATE $ 1,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 Deductible $ 500 AUTOMOBILE ,r. LIABILITY ANY AUTO ALL OWNED i AUTOS : SCHEDULED C MBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) 5 5 UMBRELLALIAS EXCESS LIAR _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ , AGGREGATE $ _ QED _ RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNSR/EXEC UTIVE I OFFICER/ME! BEREXCL UDED? ( j (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N IA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ S.L. DISEASE - POLICY LIMIT $ DESCRIPTION OP OPERATIONS / LOCATIONS 1 VEHICLES (ACORO 101, Additional Remarks Schedule, may he attached if more space Is required) Museum located at 1808 F Avenue, Nationaf City, CA 91950. The City of National City, its elected officials, officers, agents, employees and volunteers are named as the additional insured. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 9150-4397 SHOULD ANY OF TH THE EXPIRATION ACCORDANCE WIT AUTHORIZED REPREBENTAT ED POLICIES BE CANCELLED BEFORE NOTICE WILL BE DELIVERED IN OVISIONS. ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Change Number 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 12 01 11 85 POLICY CHANGES POLICY NO. CPS2417951 POLICY CHANGES EFFECTIVE 08/23/2016 COMPANY Scottsdale Insurance Company NAMED INSURED NATIONAL CITY LIVING HISTORY FARM PRESERVE, INC AUTHORIZED REPRESENTATIVE 04OBB COVERAGE PARTS AFFECTED GENERAL LIABILITY CHANGES IN CONSIDERATION OF NO CHANGES IN PREMIUM. IT IS HEREBY UNDESTOOD AND AGREED THAT FORM CG 20 10 04 13 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON ORGANIZATION IS AMENDED TO READ AS FOLLOW AND OR/ATTACHED. THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. OR IL12011185 Authorized Representative Signature Copyright, Insurance Services Office, Inc., 1983 12/0 8/2 016 AS Copyright, ISO Commercial Risk Services, Inc., 1983 Page 1 of 1 POLICY NUMBER: CPs2417951 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950-4397 Location(s) Of Covered Operations See Schedule of Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 2 cg20100413.fap C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III - Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insur- ance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2012 CG 20 10 0413 RESOLUTION NO. 2017 — 241 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY LIVING HISTORY FARM PRESERVE APPROVING RELOCATION OF A VICTORIAN HOUSE FROM 1904 "F" AVENUE TO THE STEIN FARM PROPERTY LOCATED AT 1808 "F" AVENUE IN NATIONAL CITY, SUBJECT TO APPLICABLE CITY PERMITS AND REQUIREMENTS AS DESCRIBED IN THE AGREEMENTS WHEREAS, the City of National City owns the improved real property commonly known as Stein Farm, located at 1808 "F" Avenue, which is maintained and operated by the National City Living History Farm Preserve (NCLHFP); and WHEREAS, the NCLHFP desires to relocate an 1880's Queen Ann Victorian House ("Victorian House") from its current location immediately to the south of Stein Farm at 1904 "F" Avenue, onto a fully -permitted foundation at Stein Farm; and WHEREAS, the NCLHFP has the financial means to properly relocate and rehabilitate the Victorian House, at no expense to the City, in compliance with all applicable federal, state, and local laws and permitting requirements; and WHEREAS, the NCLHFP shall maintain and operate the Victorian House as part of the educational farm and museum for the community's benefit and enrichment of National City's history, and NCLHFP is willing to operate and maintain the Victorian House for such purpose. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement with the National City Living History Farm Preserve approving the relocation of an 1880's Queen Ann Victorian House from its current location at 1904 "F" Avenue to the Stein Farm property at 1808 "F" Avenue in National City, subject to applicable City permits and requirements as described in the Agreement. PASSED and ADOPTED this 19'h day of December, 2017. ATTEST: // Michael R. Dalla, f ity Clerk APPROVED AS TO FOR or s-J y Attorney Passed and adopted by the Council of the City of National City, California, on December 19, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /� .-._..A.%) City C erk of the City of 4 ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-241 of the City of National City, California, passed and adopted by the Council of said City on December 19, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 19, 2017 AGENDA ITEM NO. 17 TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement by and between the City of National City and National City Living History Farm Preserve approving relocation of a Victorian Home from 1904 "F" Avenue to the Stein Farm property located at 1808 "F" Avenue in National City, subject to applicable City permits. PREPARED BY: Gregory Rose DEPARTMENT: Housing & Economic Development Property Agent PHONE: 619 336-4266 APPROVED c� EXPLANATION: (Please see attached background report). NANCIAL STATEMENT: ACCOUNT NO. See background report for financial statement. ENVIRONMENTAL REVIEW: The Agreement is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subto CEQA. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: APPROVED: APPROVED: MIS Finance STAFF RECOMMENDATION: Stein Farm will present and is asking for City Council approval to move the Victorian House onto City owned property. Staff recommends adoption of the resolution executing the Agreement for the relocation of the house. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report 2. Proposal from Stein Farm 3. Agreement 4. Resolution ANe solickie ,tla 201 2 L/ / Attachment No. 1 Background Report The National City Living History Farm Preserve ("Stein Farm") approached the City with a proposal to relocate a Victorian home onto the Stein Farm property. The home is located at 1904 F Avenue, just south of the Stein Farm property, and recently sold to a developer that intended to demolish the 1880's era Queen Ann Victorian home to make way for new construction. The developer has agreed to donate the home to Stein Farm. The Stein Farm is seeking approval from the City to move the house and Stein Farm has proposed to obtain all necessary permits to relocate the home. They agree to restore the home and obtain an occupancy permit within six months of the move. Stein Farm will be responsible for all utility costs for the house. Once the house is moved onto City property and an Occupancy permit is obtained, it will be governed by the Maintenance and Operating Agreement for the Stein Farm. An Agreement is attached which lays out the conditions of the move, including but not limited to the City's issuance of all applicable permits before the move begins. Financial Statement The National City Living History Farm Preserve is not asking the City for any financial assistance. In their Estimate of Costs and Proposed Funding for Project, they are assuming the City will waive permit Fees totaling $2,125.00. However the City is not providing a waiver of fees through the attached agreement. Furthermore, the agreement states the City will not provide any financial assistance for the relocation project. Stein Farm intends to get all the materials, labor, contractor oversight, historic guidance for restoration, the relocation of the home, and architectural drawings donated or they will pay for it themselves. The Stein Farm has provided an estimate of costs and how they intend to fund the relocation in their proposal. oe Stein Family Fad 1808 F Avenue National City, Ca, 91950 619.477.4113 www.ste iffatyfarm.org FB: The Stein Family Farm October 30, 2017 Honorable Mayor and City Council: Attachment No. 2 I am submitting this letter and documentation with regards to the 1880's Queen Ann Victorian Home that sits to the immediate south of the Stein Family Farm property at 1904 F Avenue. This approximately 1,453 square foot home was moved to its present location by Charles Stein when he owned his original 10 acres and has remained at this location since approximately the early 1900's. A twin to this house originally existed, but was lost to a weekend, unpermitted demolition back in 1982. The house, although bid on by several young couples wanting to raise their children here in our City, was recently purchased by a company who wants to demolish it and unfortunately allowed a Chula Vista Swat operation to take place in it last month where in the existing windows were all broken. However, other than that, the home remains in tact with original hardwood floors, several original doors, moldings and picture rails on the inside and Victorian details on the outside other items are easily replaced There had been a fire in the upstairs front bedroom when the house was a rental and inspection shows only a couple floor boards in need of replacement along with a small ceiling patch. The Stein Family Farm Board is proposing to have the home moved to the south end of the Stein Farm property, just across the fence line from where it is presently located in order to preserve one of our few remaining small Victorian structures. We have spoken with the developers and expressed our interest and discussed the use of their demolition fees to move the home rather than demolish it to which they seemed amenable. We have also discussed that the Save Our Heritage Organization in San Diego is looking into providing a tax credit to the developer for their donation of the home. City staff has been contacted and a meeting held to determine how to go about doing something like this and quickly getting our ducks in a row (farm humor) and we are presently moving forward. We are not asking for City funding and are proposing the costs involved in the project to be covered by our organization and those who support us including licensed contractor oversight of the project, labor, material supplies, historic guidance for restoration, architectural and structural drawings etc., and are working on project estimates at the moment. The proposed use would be for a gift shop/class room for teachers -students and possible upstairs rental in the future to help support the continued running of the farm. Our estimated project timeframe is 3-6 months. The Stein Family Farm Board is requesting your support of this project wherein we are proposing the saving of a National City Historic Home. I am including photos for your review as well as a plot plan to assist you in visualizing our proposal and would be happy to answer any questions you may have. Sincerely, Anne Peoples Founder/President National City Living History Farm Preserve, Inc. DBA: The Stein Family Farm Attachment No. 2 Estimated Costs Proposed Funding for Project Permit Fees — SDG&E — Water - Sewer — Structural Engineering: Plans (foundation) CAD Drawing of House: House move: Foundation L&M: Paint: Interior improvements: To be waived by City No cost for connection, we have to trench to pole and provide wire and meter. Meter & wiring provided by Christmas in July — donation Water is currently available on the property. Pipes provided by Christmas in July - donation City to open line for our connection. We will trench and pipe to street. Sewer pipes provided by Christmas in July — Donation. LAMAR Engineering, $1,000 Paid by NCLHFP ($5,000 value) Specialty Design, $750 Paid by NCLHFP ($5,000 value) Superior House Movers, $15,000 to be covered by Kire Demo funds ($45,000-$55,000 value) JBW Enterprises, $10,000 NCLHFP has funding to cover, however is seeking donations of materials and labor from others to assist Sherwin Williams has committed to provide paint for both interior and exterior - donation Windows, light fixtures, outlet covers, wall patch, floor repair and refinishing, historic doors, missing moldings etc. currently salvaging — donations. Labor — donated, NCLHFP, So. Bay Marina Kiwanis Club, SOHO, Sweetwater Kiwanis Key Club, etc. 1. k q.,. a.. c't I 911 VAMP • BE P13,3E0FM • riur ffle• • 6 . 07' . , 0 atErfr t [2. • ,at -• ...„ . ".... ....LA .. : , , - DAIEOFFING ..4 ; now ma . • p . .... . L i.• ....- , . ..•,—,...••..., .Ylke-,1t,t- , ". if`i•••AiK4 4., A......% . r:,,i'r. ,,t.,,,i 1 3 . 7 ..: .' t• 41'..t . t We hreLicwose to finish the materials and perform the labor necessary for Me comp • • A ff , 1 . U • If; - ' .• .: - :,,, ef 71, , ...." 117 of • ,e,r7N. . , ..A _ u44.6e \DeActoNt- - NeiCS ahl& ..},A oda,Airc ‘60a.:ae_ it e_• 1 AA \:061-eir All material Is gkiranlefd to bs as stiOreldiai4the above.worktO complisted 4stioik;rittoOkiniinrifir kr,the sufrOf DoIIas».b)WflhPaym • 3.b• ecili l:412Orrtr-at.17 " The above,prices, speci •oirtlinedibove, apt etz. II WIC) cl ill '01 .V, ir Respectful submitted APCEP'rANCE,OFINO$SAt ons are sabstactory andire herefisteiOecl: ariiaftiorizedtio doihemontas'sPecified,:Payments mite fORdElas &Matra Slon4ore, Attachment No. 2 c YouNG August 30, 2017 Stephan Gaspar KirE Builders, Inc. ASSOCIATES 10625 Scripps Ranch Blvd., Ste. F 1042 Skylark Drive San Diego, CA 92131 La Jolla, CA 92037 Tel.: (858) 454-8885 Re: Notice of Completion -Asbestos Abatement-1904 F Ave, National City, California Mr. Gaspar, In accordance with our Change Order authorization of July 17, 2017, please be advised that asbestos containing material (ACM/material containing more than one percent [>1%] asbestos by volume) previously identified in the survey report at the subject structure has been formally abated, and the lead -based paint (LBP/painted material containing equal to or greater than 0.5% by weight) identified in the survey report has been stabilized, effective August 7, 2017. The ACM included: • Exterior roof mastic The LBP included: • All exterior components • Interior doors and jambs • Interior window frames This "Notice of Completion" is limited to work performed at the above referenced location. Based upon both our oversight of the abatement activities and our inspection of the structure, post -abatement, demolition of the structure may be performed without further regard for the presence of ACM or the instability of LBP. If you have any questions, please don't hesitate to call. John Payne, C.A.C. Project Scientist CA Certified Asbestos Consultant #93-1226 Colin P. Young, CIH Principal Attachment No. 2 PHOTO OF STEIN ORIGINAL PROPERTY SHOWING 1904 F AVENUE WITH CONSTRUCTION OF KITCHEN ADDITION 1920'S r Attachment No. 2 PHOTOS EXTERIOR & INTERIOR AS OF 9/2017 PRIOR TO WINDOW BREAKAGE Attachment No. 2 Attachment No. 2 Attachment No. 2 Attachment No. 2 1 Attachment No. 2 L. Attachment No. 2 A • Attachment No. 2 i Attachment No. 2 Attachment No. 2 Attachment No. 2 Attachment No. 2 Attachment No. 2 ate.. Attachment No. 2 1 s. Attachment No. 2 Attachment No. 2 I I • 4 Attachment No. 2 PHOTOS OF MINIMAL FIRE DAMAGE TO UPSTAIRS FRONT BEDROOM Attachment No 2 kg, Attachment No. 2 Attachment No. 2 Attachment No. 2 3 • 4111111111116, la Attachment No. 2 Attachment No. 2 Attachment No. 2 PROPOSED PLOT PLAN MOVE OF HOME FROM 1904 F TO SOUTH END OF 1808 F AVENUE • CisT I VI C-1- atEEiL1 >LtT isJ= 1l fCTdZI:v4 e MEAMP NbI ' FAvnduE el 1 _AVwNuE. ..51WAUC F 1 tab'F" ittl.I I I R 1 !• 1 t , I I ! I_ !'1 ! 1 ' PRb t6ED PUT 'PLAN: Tt7 uELccArr 1 I bQ'S OUEEN taNNE Ahr tcgw uN rto 4Tht r &R M r tll�: -rJG 4ieiM tAM11V kdtt W\ I WAWA : S I Ws: 04, tW4I7- 6/.Att! %2= Attachment No. 2 QUEEN ANNE & VICTORIAN ARCHITECHTURE When you think of Victorian architecture, you probably envision edged roofs, ornate gables and wide porches with spindlework. The quintessential Queen Anne style is by far the most popular Victorian home style in the U.S., but it's not the only representation of the era. There is also: Second Empire Style; Gothic Revival; Stick Eastlake; Folk Victorian and Italianate. Origin Strictly speaking, Victorian homes are those designed during the long rule of Britain's Queen Victoria, from 1837 until her death in 1901. Although the queen never designed anything, her husband, Prince Albert, was "an architecture nut of the first order," according to Richard Guy Wilson, who holds a chair in architectural history at the University of Virginia. Although the era encompasses many styles, they tend to share in common a lot of ornament on the outside and a lot of "stuff' on the inside (decorative moldings, picture rails, built in nooks and crannies). The exterior might be covered with textures and patterns that were unusual until that time. New machinery made possible the mass production of spindles, carvings and other decorative elements that otherwise would have been prohibitively expensive. National City Being the second oldest city in the county, we have beautiful examples of most all types of Victorian homes throughout our city. The Dickinson Boat and Wallace Dickinson are great examples of large Queen Anne Victorians and the George Kimball home on L Avenue is a fine Italianate. Most of the large homes in our city are listed on our Historic Site list, however the listing of smaller homes paid for by the city have not been listed and we are losing them quite frequently as we almost lost the one at 1904 F Avenue. The list needs to be added as a resource on the General Plan so that proper notifications can be made to preserve what we have left and to allow partnership between developer and preservationist to occur, such as the saving of the historic olive grove at 22d and K; the Stein Family Farm, and now the saving of 1904 F Avenue. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY LIVING HISTORY FARM PRESERVE THIS AGREEMENT (the "Agreement") is entered into as of December 19, 2017 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and NATIONAL CITY LIVING HISTORY FARM PRESERVE, a non-profit California corporation ("NCLHFP"). RECITALS A. The CITY owns the improved real property commonly known as Stein Farm, located at 1808 "F" Avenue, National City, California (the "Property"). B. The NCLHFP desires the CITY to approve the physical relocation of the Victorian House (the "Structure") from its current location immediately to the south at 1904 "F" Avenue onto a fully -permitted foundation at the Property. C. The NCLHFP agrees that they have the means to properly relocate and rehabilitate the Structure, at no expense to the City, in compliance with all applicable federal, state, and local laws or ordinances and permitting requirements. D. The NCLHFP agrees to obtain a Release from the property owner of 1904 "F" Avenue for the physical relocation of the Structure onto a fully -permitted foundation at the Property and assume all responsibility and liability for such physical relocation. E. The CITY agrees to have NCLHFP maintain and operate the Structure as part of the educational farm and museum for the community's benefit enrichment of National City's history, and NCLHFP is willing to operate and maintain the Structure for such purpose. NOW, THEREFORE, in consideration of the foregoing facts, and in consideration of the promises and covenants hereinafter set forth, the parties agree as follows: TERMS OF AGREEMENT 1.1 NCLHFP shall obtain all necessary permits for the physical relocation of the Structure located at 1904 "F" Avenue onto a fully -permitted foundation at the Property before the work begins. 1.2 NCLHFP shall demonstrate they have the financial and material backing to complete the physical relocation and subsequent rehabilitation of the Structure. The City shall pay no cost associated with the physical relocation and rehabilitation of the Structure onto the Property. 1.3 NCLHFP shall physically relocate the Structure onto the Property within 90 days of the date of this Agreement. If NCLHFP does not so relocate the Structure, the City shall issue a demolition permit to the property owner of 1904 "F" Avenue to demolish the Structure. 1.4 Within 90 days of the date of this Agreement, NCLHFP shall provide the City Manager, or designee, documents proving NCLHFP's financial and material ability to rehabilitate the Structure and obtain all City permits required. Such permits will include, for example, permits for sewer and water connections, and building plans showing details regarding the foundation and footings. 1.5 If NCLHFP fails to obtain a Certificate of Occupancy within 180 days from the date when the Structure has been relocated onto the Property, the City will demolish the Structure. If the City demolishes the Structure pursuant to this Section, NCLHFP expressly agrees to reimburse the City for all costs associated with such demolition. 1.6 NCLHFP shall obtain an occupancy permit from the Building Official within 180 days of the physical relocation of the Structure. Once an occupancy permit is so issued: 1.6.1 The Structure shall remain property of NCLHFP for 2 years starting from the date on which the Structure receives its certificate of occupancy. Immediately thereafter, the Structure, and all improvements made to the Structure by the NCLHFP, shall become the property of the CITY. 1.6.2 The Structure shall, after expiration of the two-year period described in Section 1.4.1, become subject to any then -existing Maintenance and Operating Agreement entered into between NCLHFP and the CITY. 1.6.3 The City shall provide written acceptance of the Structure to the NCLHFP, at which point this Agreement will terminate. 1.7 NCLHFP shall provide and pay for all utilities or services necessary for the use and operation of the Structure at all times relevant to this Agreement, including water, electricity, trash, and sewer charges. NCLHFP shall pay directly to the applicable utility company such charges, and the City shall have no obligation to pay for such utility services. INDEMNIFICATION AND INSURANCE 2.1 NCLHFP Indemnity. The CITY shall not be liable for, or liable to NCLHFP, for the physical relocation and rehabilitation of the Structure. NCLHFP shall defend, indemnify, and hold harmless the CITY, its officers, officials, agents, employees, and volunteers from any and all claims, costs, liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims resulting from, related to, or arising out of NCLHFP' transfer of the Structure to CITY property or arising either directly or indirectly from any act, error, omission or negligence of NCLHFP or its contractors, licensees, invitees, members, agents, servants or employees; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the Agreement Page 2 of 4 City of National City and December 19, 2017 National City Living History Farm Preserve established sole negligence or willful misconduct of the CITY, its agents, officers, or employees. The CITY will cooperate reasonably in the defense of any action, NCLHFP shall employ competent counsel, reasonably acceptable to the City Attorney of National City. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 2.1.1 Third Party Indemnity. NCLHFP shall not invite third party organizations onto the Property until said third party organization furnishes CITY a written agreement in which it indemnifies and holds CITY harmless, upon terms satisfactory to CITY. 2.1.2 Waiver of Liability. NCLHFP agrees to obtain from all guests, invitees, or third party organizations whose participants work on this project, a waiver of liability and hold harmless agreement upon terms satisfactory to the CITY. 2.2 Insurance. NCLHFP, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, and third party organizations NCLHFP invites onto the Property, to purchase and maintain throughout the term of this Agreement, the following insurance policies: 2.2.1 Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 2.2.2 Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("Any Auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. 2.2.3 Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of NCLHFP `employees, and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. 2.2.4 If NCLHFP has no employees subject to the California Workers' Compensation and Labor laws, NCLHFP shall execute a Declaration to that effect. The form of said Declaration shall be provided by NCLHFP to the CITY. 2.2.5 The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in Section 2.2.7 below, of cancellation or material change. Agreement Page 3 of 4 City of National City and December 19, 2017 National City Living History Farm Preserve 2.2.6 If required insurance coverage is provided on a "claims made" rather than "occurrence" form, NCLHFP shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 2.2.7 The Certificate Holder for all policies of insurance required by this Section 2.2 shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 2.2.8 Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 2.2.9 This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by, the CITY'S Risk Manager. If NCLHFP does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 2.2.10 All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 2.2.11 If NCLHFP maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by NCLHFP. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 3.0 Recitals A-E above are incorporated by this reference as terms to this Agreement. IN WITNESS WHEREOF, the CITY and NCLHFP have duly executed this Agreement as of the day and year first above written. [Signature Page to Follow] Agreement Page 4 of 4 City of National City and December 19, 2017 National City Living History Farm Preserve • ) CITY OF NATIONAL CITY (CITY) By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Agreement December 19, 2017 NATIONAL CITY LIVING HISTORY FARM PRESERVE, a non-profit California corporation (Signatures of two corporate officers required.) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Page 5 of 4 City of National City and National City Living History Farm Preserve RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY LIVING HISTORY FARM PRESERVE APPROVING RELOCATION OF A VICTORIAN HOUSE FROM 1904 "F" AVENUE TO THE STEIN FARM PROPERTY LOCATED AT 1808 "F" AVENUE IN NATIONAL CITY, SUBJECT TO APPLICABLE CITY PERMITS AND REQUIREMENTS AS DESCRIBED IN THE AGREEMENTS WHEREAS, the City of National City owns the improved real property commonly known as Stein Farm, located at 1808 "F" Avenue, which is maintained and operated by the National City Living History Farm Preserve (NCLHFP); and WHEREAS, the NCLHFP desires to relocate an 1880's Queen Ann Victorian House ("Victorian House") from its current location immediately to the south of Stein Farm at 1904 "F" Avenue, onto a fully -permitted foundation at Stein Farm; and WHEREAS, the NCLHFP has the financial means to properly relocate and rehabilitate the Victorian House, at no expense to the City, in compliance with all applicable federal, state, and local laws and permitting requirements; and WHEREAS, the NCLHFP shall maintain and operate the Victorian House as part of the educational farm and museum for the community's benefit and enrichment of National City's history, and NCLHFP is willing to operate and maintain the Victorian House for such purpose. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement with the National City Living History Farm Preserve approving the relocation of an 1880's Queen Ann Victorian House from its current location at 1904 "F" Avenue to the Stein Farm property at 1808 "F" Avenue in National City, subject to applicable City permits and requirements as described in the Agreement. PASSED and ADOPTED this 19th day of December, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. DaIla, CMC - City Clerk January 8, 2018 Ms. Lori Anne Peoples, President National City Living History Farm Preserve 1243 Manchester Street National City, CA 91950 Dear Ms. ogles, /'i2-/ On December 19`h, 2017, Resolution No. 2017-241 was passed and adopted Council of the City of National City to execute an Agreement with National History Farm Preserve. We are enclosing for your records a certified copy of the above Resolution executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure by the City City Living and a fully