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HomeMy WebLinkAbout1980-232 , ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. !?'a -c:?oS.;;I. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THREE AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES LOCATED AT 1324 WEST VICTORIA STREET, OWNED BY AMELIA E. CAPELLO; AND 1250 AND 1275 WEST SIXTH STREET, OWNED BY LUCY R. ONTIVEROS; AND 1166 NORTH "L" STREET, OWNED BY ROSALENA GUILLORY; ALL OF SAID BUILDINGS OR STRUCTURES BEING LOCATED IN THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on oehalf of said City, agreements for demolition of certain buildings as follows: (a) At 1324 West Victoria Street, owned by Ameli<\ E. Capello; (b) 1250 and 1275 West Sixth Street, owned by Lucy R. Ontiveros; (c) 1166 North "L" Street, owned by Rosalena Guillory; Said agreements are attached hereto, respectively marked Exhibits (a) through (c) and incorporated herein by reference as though fully set forth and at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the c? day of . 1980, by the following vote, to wit: COUNCILMEN ':tiM>'A..~ "JtAh.'i Yi. ~AI~, L!ii)jjtv t:~~u)zJ~,L,aL~J ~/~ . /~~~~ NAYS: ABSENT: I I I , 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ". The day of Approved as to form: . ""''','~~n.:~~ .'~- - -. y. resolution is hereby approved this .::? 6,) , 1980. ~~'.ee~ ,ty tt ney . '. 1 A G R E E MEN T 2 (demolition of building) 3 -' THIS AGREEMENT is made and entered into thi,s ....L~ day of ~~~~L . , 19~0 by and between the CITY OF SAN BERNARDINO, municipal corporation, hereinaJ'ter called "City", and ~ 4 5 6 Amelia E. Capello . , hereinafter .": 7 called "Owner(s)". 8 WITNESSETH: --------- 9 WHEREAS, Owner(s) is the Owner(s) of a certain lot or 10 parcel of real property together with a bUilding(s) situated 11 thereon at 1324 West, Vi ctoria Street, in the 12 City of San Bernardino, County of San Bernardino, State of . 13 California and described as follows: 14 I I , , i I I I land' I ' Lot numbered Seve, Block "A: of the Security Investment Company's Gilbert Subdivision, in the City of San' Bernardino, State of California, as per plat recorded in book 19 of maps, pages 45 and 46, records of said County. 15 16 17 18 WHEREAS, title to said property is vested in Owner(s) as 19 20 follows: Amelia E. Capello 21 ; and 22 WHEREAS, said building(s) upon said premises is vacant and 23 unoccupied; and ..... .'1 24 WHEREAS, said building(s) is a blight upon the area which 25 is an impact area designated by the City's Community Development 26 Department and said building(s) is in a hazardous and dangerous 27 condition and should be abated; and 28 WHEREAS, City desires to demolish said building(s) and I Owner(s) desires to permit City to destroy and demolish said bUilding(s) upon the terms and conditions as set forth and said building(s) is a blight upon the designated impact area and is leligible for the expenditure of Community Development Grant. funds for said demolition; and WHEREAS, City is agreeable to demolishing and removing said building(s) from the real property hereinabove described. without any cost to Owner(s) and without the said costs being a charge or lien upon the real property involved if Owner(s) agrees to said demolition pursuant to the provisions of this agreement; and I I ! Ii there are I' .! :i follows: ii :i WHEREAS, Owner(s) represents and warrants to City that no liens or encumbrances upon said property except as NONE i1 i 1----- iNOW, THEREFORE, in consideration of the mutual promises, provisions, agreements and legal detriments herein contained, it is agreed as follows: 1. City shall file all required environmental impact statements, make all required publications, conduct all required . hearings, and perform other ministerial functions required to obtain approval for the demolition of the building(s) upon Owner's(s') real property and to receive or be able to use Federal Cowmunity Development funds therefor. 2. When said funds are available, City shall use said funds for the purpose of demolishing the building(s) and . 1 , I I istructure(s) upon that real property hereinabove described and I shall obtain a contractor, any necessary liability bonds naming 2 3 Owner(s) as an additional insured and all permits necessary to 4 demolish the said structure(s). City shall supervise and cause 5 the demolition of the building(s) and structure(s) upon said real 6 property and shall cause all holes and foot trenches, if any, to 7 be filled and shall cause the property to be placed in a condition 8 so that it will drain to the natural fall of the surrounding 9 terrain. 10 3. No costs shall be assessed against Owner(s) personally 11 or against the property involved for any costs or expenses in- Icurred in connection with the demolition of the building. i 4. Owner(s) hereby agrees to the demolition of the build- ! ling(s) and structure(s) upon the real property, and does hereby Jrelease the City, its elective and appointive boa.rds, commissions, iiofficers, agents and employees from any and all claims for 'I 1 idamages as a result of said demolition of said building(s) and I I idoes, upon completion of the demolition, agree to execute a II general releas~ releasing City from any and all claims in , Iconnection with the abatement. 5. Owner(s) warrants and represents that he is the Owner(s) 12 13 14 15 16 17 18 19 20 21 22 of the property with his title as vested in the Second Whereas 23 clause and that the said property is unencumbered except with the 24 liens and encumbrances as set forth in the Seventh Whereas clause, 25 and Owner(s) agrees that he shall not sell, encumber, transfer or 26 otherwise dispose of said real property or any interest therein 27 involved hereunder until such time as the building(s) is 28 demolished as provided for herein unless the transferree of the . . I, [. 1 !property or any interest therein agrees to be fully bound by the 2 Iprovisions of this agreement. Owner(s) hereby agrees to hold the 3 ICity, its elective and appointive boards, commissions, officers, 4 agents and employees harmless from any and all claims for damages 5 by any person, firm or corporation having any interest in the 6 property should such person, firm or ,corporation claim damages as 7 a result of City's demolition of the building(s) pursuant to the 8 provisions of this agreement. 9 6. All notices herein required shall be in writing;"and 10 delivered in person or sent by certified mail, postage prepaid, 11 as follows: 12 City Clerk Ci ty Hall 300 North "D" Street San Bernardino, CA 92418 Amelia E. Capello 9725 8th Street Cucamonga, CA 91738 13 I i I ,I " 7. Time is of the essence with respect to the provisions 14 , " .!.~ 16 ~Of this agreement. I' I 8. This agreement shall be binding on and inure to the I Ibenefit of the heirs, executors, administrators, successors, assigns of the parties hereto. and 17 18 19 20 I IN WITNESS WHEREOF, the parties hereto have executed this ~agreement on the date first hereinabove written. 21 22 ATTEST: 23 24 ,..4/~Ju,?/ City Clerk 25 "OVlNER(S)" XBy ~4~~ZD(;:i~~d 26 27 By 28 Approved as to form: ~~AL~ City At rney C) -- ." c . . 1 A G R E E MEN T 2 3 (demolition of building) AGREEMENT is made and entered into tl1is /P' day of 4 , 19D-, by and between tile CITY OF SAN BERNARDINO! 5 corporation, hereinafter called "Ci.ty", and 6 Lucy R. Ontiveros , hereinafter 7 called "Owner(s)". 8 WITNESSETH: 9 WHEREAS, Owner(s) is the Owner(s) of a certain lot o~ 10 parcel of real property together with a building(s) situated 11 12 13 14 thereon at 1250 and 1275 West Sixth Street, in the City of San Bernardino, County of San Bernardino, State of ICalifornia and described a~ follows: I I 15 ii i I I I I I .and; Lot 10, in Block 6 of Garner Subdivision, State of California, as per plat recorded records of said County. in the City of San Bernardino, in Book 3 of maps, page 77, 16 17 18 19 20 WHEREAS, title to said property is vested in Owner(s) as Lucy R. Ontiveros follows: 21 ; and 22 WHEREAS, said building(s) upon said premises is vacant and 23 24 WHEREAS, said bUilding(s) is a blight upon the area which 25 26 is an impact area designated by the City's Community Development Department and said building(s) is in a hazardous and dangerous 27 condition and should be abated; and 28 WHEREAS, City desires to demolish said building(s) and '. .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Owner(s) desires to permit City to destroy and demolish said building(s) upon the terms and conditions as set forth and said building(s) is a blight upon the desig:nated impact area and is eligible for the expenditure of Community Development Grant.1unds for said demolition; and WHEREAS, City is agreeable to demolishing and removing said building(s) from the real property hereinabove described without any cost to Owner(s) and without the said costs being a charge or lien upon the real property involved if Owner(s) agrees to said demolition pursuant to the provisions of this agreement; and WHEREAS, Owner(s) represents and warrants to City that there are no liens or encumbrances upon said property except as follows: NONE , i I ! i i i .NOW, THEREFORE, in consideration of the mutual promises, I [provisions, agreements and legal detriments herein contained, it lis agreed as follows: . hearings, and perform other ministerial functions required to obtain approval for the demolition of the bUilding(s) upon Owner's(s') real property and to receive or be able to use Federal Community Development funds therefor. 2. When said funds are available, City shall use said funds for the purpose of demolishing the building(s) and . ' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 structure(s) upon that real property hereinabove described and I Ishall obtain a contractor, any necessary liability bonds naming lowner(s) as an additional insured and all permits necessary to demolish the said structure(s), City shall supervise and cause the demolition of the building(s) and structure(s) upon said real property and shall cause all holes and foot trenches, if any, to be filled and shall cause the property to be placed in a condition so that it will drain to the natural fall of the surrounding terrain, 3, No costs shall be assessed against Owner(s) personally or against the property involved for any costs or expenses in- curred in connection with the demolition of the building. I 4. Owner(s) hereby agrees to the demolition of the build- ring(S) and structure(s) upon the real property, and does hereby jlrelease the City, its elective and appointive boards, commissions, ;, 'jofficers, agents and employees from any and all claims for Idamages as a result of said demolition of said bUilding(s) 'Idoes, upon co~pletion of the demolition, agree to execute a ,general release releasing City from any and all claims in and connection with the abatement. 5. Owner(s) warrants and represents that he is the Owner(s) of the property with his title as vested in the Second Whereas clause and that the said property is unencumbered except with the liens and encumbrances as set forth in the Seventh Whereas clause, and Owner(s) agrees that he shall not sell, encumber, transfer or otherwise dispose of said real property or any interest therein involved hereunder until such time as the building(s) is demolished as provided for herein unless the transferree of the r '. ' . II' I 1 property or any interest therein agrees to be fully bound by the 2 provisions of this agreement. Owner(s) hereby agrees to hold the 3 City, its elective and appointive boards, commissions, officers, 4 agents and employees harmless from any and all claims for damages 5 by any person, firm or corporation having any interest in the 6 property should such person, firm or ,corporation claim damages as 7 a result of City's demolition of the building(s) pursuant to the 8 provisions of this agreement. 9 6. All notices herein required shall be in writing;.and 10 delivered in person or sent by certified mail, postage prepaid, 11 as follows: 12 City Clerk Ci ty Hall 300 North "D" Street San Bernardino, CA 92418 Lucy Ontiveros 218 No. Allen San Bernardino, CA 13 Ii 'I I' II Ii ii 7 . Ti:.ij~ is Gf tbe eS~:;PDce wi th respect to the provisions 14 16 Ii Ilof this agreement. ii " " 8. This agreement shall be binding on and inure to the i I ibenefit of the heirs, executors, administrators, successors, and I lassigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have 17 18 19 20 21 agreement on the date first hereinabove written. 22 ATTEST: 23 B 24 ~//7tA ~/.b C'i ty Clerk 25 "OVlN~S)" By :/~C<J I? tI}Lt~H- By 26 27 28 Approved as to form: , . Q ~~,.u~~---~.. City A orney . .' " .. . t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E MEN T (demolition of buiJeEng) AGREEMENT is made and entered into this --.!f_ day of , 199LL, by and between the CITY OF SAN BERNARDINO, corporation, hereinafter called "City", and Rosalena Guillory , hereinafter called "Owner(s)" , WIT N E SSE T H: I WHEREAS, Owner(s) is the Owner(s) of a certain lot o~ Iparcel of real property together with a building(s) situated thereon at 1166 North "L" Btreet, in the iCity of San Bernardino, County of San Bernardino, State of ICalifornia and described as follows: Lot 3, Tract 1752, Base Line Place, as per plat recorded in book 26 of maps, page 1, records of San Bernardino County. H li " II Ii I'and' I'll 'WHEREAS, title to said property is vested in Owner(s) as follows: Rosalena Guillory Ii I ~ ; and WHEREAS, said building(s) upon said premises is vacant and unoccupied; and WHEREAS, said building(s) is a blight upon the area which is an impact area designated by the City's Community Development Department and said building(s) Icondition and should be abated; I , is in a hazardous and dangerous and WHEREAS, City desires to demolish said building(s) and . - " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Owner(s) desires to permit City to destroy and demolish said building(s) upon the terms and conditions as set forth and said building(s) is a blight upon the designated impact area and is eligible for the expenditure of Community Development Grant. funds for said demolition; and WHEREAS, City is agreeable to demolishing and removing said building(s) from the real property hereinabove described, without any cost to Owner(s) and without the. said costs being a charge or lien upon the real property involved if Owner(s) agrees to said demolition pursuant to the provisions of this agreement; and WHEREAS, Owner(s) represents and warrants to City that there are no liens or encumbrances upon said property except as follows: NONE ! ------ I NOW, THEHEFORE, in consideration of the mutual promises, I ;. ;Jrovi.sions, agreements and legal detriments herein contained, it is agreed as follows: 1. City shall file all required environmental impact statements, make all required publications, conduct all required hearings, and perform other ministerial functions required to obtain approval for the demolition of the building(s) upon Owner's(s') real property and to receive or be able to use Federal Community Development funds therefor. 2. When said funds are available, City shall use said funds for the purpose of demolishing the building(s) and Istructure(s) upon that real property hereinabove described and Ishall obtain a contractor, any necessary liability bonds naming Owner(s) as an additional insured and all permits necessary to demolish the said structure(s). City shall supervise and cause the demolition of the building(s) and structure(s) upon said real property and shall cause all holes and foot trenches, if any, to be filled and shall cause the property to be placed in a condition so that it will drain to the natural fall of the surrounding terrain. 3. No costs shall be assessed against Owner(s) personally or against the property involved for any costs or expenses in- cur red in connection with the demolition of the building. 4. Owner(s) hereby agrees to the demolition of the build- I ling(S) and structure(s) upon the real property, and does hereby irelease the City. its elective and appointive boards, commissions, iol'ficers, agents and employees from any and all claims for I Idamages as a result of said demolition of said building(s) and I ~does, upon completion of the demolition, agree to execute a II general release releasing City from any and all claims in connection with the abatement. 5. Owner(s) warrants and represents that he is the Owner(s) of the property with his title as vested in the Second Whereas clause and that the said property is unencumbered except with the liens and encumbrances as set forth in the Seventh Whereas clause, and Owner(s) agrees that he shall not sell, encumber, transfer or otherwise dispose of said real property or any interest therein involved hereunder until such time as the bUilding(s) is demolished as provided for herein unless the transl'erree of the . . 1 1 3 4 5 G 7 8 9 10 11 12 , ~ 1_" 14 16 17 agents and employee:::; harmless from any and (-'1.11 cl"tims Jor c1am;,t.g,-(~~~:; by (lny pers.on, firm or c.ol'poration having any int(-~rest in tbe proporty should such IJerSOl1, f:Lrm or corporation claim damH.~~es ~lS a result of City's demolition ot the building(s) pursuant tothe prov.isions ot this agrecmel! t. 6. All notices herein required shall be in writing;_alld delivered in person or sent by certified mail, postage prepaid, I las II i! Ii l: Ii Ii follows: Ci ty Clerl: (,.] r -;.' TT ~_~ -j -: ........... ,-,.1 ~...__.A._ 300 North "D" Strec~t San Bern;tl'dino, CA 92418 Rosalena Guillory 1036 Premrose Rialto, CA 92376 \i.:ith t1,c. pYOV} Sif:)!1S ~. ~." ~~. .. -......). '-' "h ,-,',.'.^'. ,"::-~:::: ':". c-':.,-. f' .'. "J -' ,_, ~.... '" to i . p ! U.I i I this agJ'(,(-;;: ~:nt. g. Th'; ~-; ~~gr(-:clnent shall be binding on and inure to the 19 assigns at tile parties here"lo. 20 18 benefj_t of tIle he:irs, executors, administra-tors, successors, and IN WITNESS WHEnEOF, the parties hereto have 11.is ~~ ity Clerk Approved as to form: c~i::n1:~ ~ t~~ -c;; ~ -- 21 agTe~~r;;ent on the d8..te first he:r8inabov~~ wri tten ~ i ATTEST: CITY "~S)" B' ~ ~ , ...... .. 22 23 24 25 26 27 n By