HomeMy WebLinkAbout1979-328 1 RESOLUTION N0. ~~~-map
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF TWO
AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES LOCATED AT
3 142 EAST VALLEY, OWNED BY EULALIO AND MARY CORTEZ; AND 347 SOUTH HAYFIELD,
(OWNED BY NOKUS R. AND HAZEL M WEAVER; ALL OF SAID BUILDINGS OR STRUCTURES ARE
4 LOCATED IN THE CITY OF SAN BERNARDINO.
5 BE IT RESOLVED BY THE MAYOR AND COMf•10N COUNCIL OF THE CITY OF SAN
6 BEP,NARDINO AS FOLLObIS:
7 SECTION 1. The ftayor of the City of San Bernardino is hereby authorized
~ 8 and directed to execute on behalf of said City, agreements for demolition of
9 certain buildings as follows:
10 (a) 142 East Valley, owned by Eulalio and Mary Cortez;
it (b) 347 South Mayfield, owned by Nokus R. and Hazel M. Weaver;
12 Said agreements are attached hereto, respectively marked Exhibits A and B,
13 and incorporated herein by reference as though fully set forth and at length.
14 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
15 P1ayor and Conmon Council of the City of San Bernardino at a
i 16 meeting thereof, held on the l day of
1~ 1979, by the following vote, to wit:
lg A ES: Councilme ~,~B~Q.
19 ~
20 NAYS:
21 ABSENT: iY/ic.Q,i
22 L~~~i
23 ity Clerk
24 The foreg ing resolution is hereby approved this
25 aY of 1979.
26
27 or e y of San ernardino
pproved as to form:
28 `~~~G~Y`~
City torney
1 A G R E E ;t". E N T
2 (demolition of building)
3 THIS AGREEMENT pis made and entered into this ~ day of
4 19 by and between the CITY OF SAN BERNARDINO,
5 a muni ipal corpor_artt-ion, hereinafter called "City", and
6 Eulalio Cortez and Mary Cortez hereinafter
7 called "Owner(s)".
8 Vi I T N E S S E T H:
9 1VHEREAS, 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 142 East Valley Street, in the
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
14 I Lot 13, Block "B", of Shay's Half Acres No. 2, as per plat recorded in I
i
15 (book 23 of maps, page 60, records of San Bernardino County.
16
17 ~
lg , and;
19 1VIIEREAS, title to said property is vested in Owner(s) as
20 follows: Eulalio Cortez and Mary Cortez, Husband and Wife as Joint Tenants
21 and 'I
22 1VREREAS, said building(s) upon said premises is vacant and
23 unoccupied; and
24 NHEREAS, 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
2~ condition and should be abated; and
28 WIiEREAS, City desires to demolish said building(s) and
EXHIBIT A
1 Owner(s) desires to permit City to destroy and demolish said
2 building(s) upon the terms and conditions as set forth and said
3 building(s) is a blight upon the designated impact area and is
4 eligible for the expenditure of Community Development Grant funds
5 for said demolition; and
6 WHEREAS, City is agreeable to demolishing and removing
7 said building(s) from the real property hereinabove described
8 without any cost to Owner(s) and without the said costs being a
9 charge or lien upon the real property involved if Owner(s) agrees
to to said demolition pursuant to the provisions of this agreement;
11 and
12 WHEREAS, Owner(s) represents and warrants to City that
13 there are no liens or encumbrances upon said property except as
14 follows:
ii
15 ~~~None -
16 I i
17
lg NO{Y, TREREFORE, in consideration of the mutual promises,
19 provisions, agreements and legal detriments herein contained, it
20 is agreed as follows:
21 1. City shall file all required environmental impact
22 statements, make all required publications, conduct all required
23 hearings, and perform other ministerial functions required to
24 obtain approval for the demolition of the building(s) upon
25 Owner's(s') real property and to receive or be able to use I~'ederal
26 Community Development funds therefor.
27 2. tYhen said funds are available, City shall use said
28 funds for the purpose of demolishing the building(s) and
1 structure(s) upon that real property hereinabove described and
2 shall obtain a contractor, any necessary liability bonds naming
3 Owner(s) as an additional insured and all permits necessary to
q demolish the said structure(s). City shall supervise and cause
g 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
~ be filled and shall cause the property to be placed in a condition
g so that it will drain to the natural fall of the surrounding
g terrain.
10 3. No costs shall be assessed against Owner(s) personally
11 or against the property involved for any costs or expenses in-
12 curred in connection with the demolition of the building.
13 4. Owner(s) hereby agrees to the demolition of the build-
14 ing(s) and structure(s) upon the real property, and does hereby
15 (release the City, its elective and appointive boards, commissions,
16 officers, agents and employees from any and all claims for
1~ damages as a result of said demolition of said building(s) and
18 does, upon completion of the demolition, agree to execute a
19 general release releasing City from any and all claims in
2~ connection with the abatement.
' 21 5. Owner(s) warrants and represents that he is the Owner(s)
22 of the property with his title as vested in the Second R'hereas
23 clause and that the said property is unencumbered except with the
24 liens and encumbrances as set forth in the Seventh P;hereas clause,
25 a.nd Owner(s) agrees that he shall not sell, encumber, transfer or
26 otherwise dispose of said real property or any interest therein
2~ involved hereunder until such time as the building(s) is
yg demolished as provided for herein unless the transferree of the
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
q by any person, firm or corporation having any interest in the
property should such person, firm or corporation claim damages as
7 a result of City's demolition of the building(s) pursuant to the
g provisions of this agreement.
q 6. All notices herein required shall be in writing, and
10 delivered in person or sent by certified mail, postage prepaid,
11 as follows:
'i 12 City Clerk Eulalio and Mary Cortez
City Hall 142 East Valley
13 300 North "D" Street San Bernardino, California 92408
San Bernardino, CA 92418
14
i
15 7. Time is of the essence with respect to the provisions
16 of this agreement.
17 8. This agreement shall be binding on a'nd inure to the
lg benefit of the heirs, executors, administrators, successors, and
19 assigns of the parties hereto.
20 IN IYITNESS R'EEREOF, the parties hereto have executed this
21 agreement on the date first hereinabove written.
22 ATTEST: CITY O
23 B
y
24 C' y Clerk
27 By ~2. a ~
Approved as to form:
28
C ty Att rney
1 A G R E E h". E N T
2 (demolition of building) l/,t~
3 THIS AGP~EEMENT is made and entered into this ~7i day of
4 ~ ~ 19~, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called "City", and
6 Nokus R. Weaver and Hazel M. Weaver hereinafter
7 called "Owner(s)".
8 W I T N E S S E T H:
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 347 South Mayfield Street, in the
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
14 Lot 7, Block F of H. T. White's Subdivision, in the City of San Bernardino,
i
15 County of San Bernardino, State of California, as per plat recorded in
16 Book 5, of Maps, page 67, records of said County
i
17
I
lg , and; I~
19 WHEREAS, title to said property is vested in Owner(s) as `
20 follows: Nokus R. Weaver and Hazel M. Weaver, husband and wife, as
joint tenants ~
21 and
22 WHEREAS, said building(s) upon said premises is vacant and
23 unoccupied; and
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
EXHIBIT B
1 Owner(s) desires to permit City to destroy and demolish said
2 building(s) upon the terms and conditions as set forth and saki
3 building(s) is a blight upon the designated impact area and is
4 eligible for the expenditure of Community Development Grant funds
5 for said demolition; and
6 P7HEREAS, City is agreeable to demolishing and removing
7 said building(s) from the real property hereinabove described
8 without any cost to Owner(s) and without the said costs being a
9 charge or lien upon the real property involved if Owner(s) agrees
ip to said demolition pursuant to the provisions of this agreement;
11 and
12 WHEREAS, Owner(s) represents and warrants to City that
13 there are no liens or encumbrances upon said property except as
14 follows:
I
15 ' None ~
16
17 >
lg VOW, THEREFORE, in consideration of the mutual promises,
19 Provisions, agreements and legal detriments herein contained, it
Zp is agreed as follows:
21 1. City shall file all required environmental impact
22 statements, make all required publications, conduct all required
23 hearings, and perform other ministerial functions required to
24 obtain approval for the demolition of the building(s) upon
25 Owner's(s') real property and to receive or be able to use Federal
26 Community Development funds therefor.
2? 2. When said funds are available, City shall use said
28 funds for the purpose of demolishing the building(s) and
1 structure(s) upon that real property hereinabove described and
2 shall obtain a contractor, any necessary liability bonds naming
3 Owner(s) as an additional insured and all permits necessary to
4 demolish the said structure(s). City shall supervise and cause
g the demolition of the building(s) and structure(s) upon said real
5 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
g so that it will drain to the natural fall of the surrounding
g terrain.
lp 3. No costs shall be assessed against Owner(s) personally
11 or against the property involved for any costs or expenses in-
12 curred in connection with the demolition of the building.
13 4. Owner(s) hereby agrees to the demolition of the build-
14 ing(s) and structure(s) upon the real property, and does hereby
15 '~~release the City, its elective and appointive boards, commissions,
15 officers, agents and employees from any and all claims for
1~ damages as a result of said demolition of said building(s) and
18 does, upon completion of the demolition, agree to execute a
19 general release releasing City from any and all claims in
20 connection with the abatement.
21 5. Owner(s) warrants and represents that he is the Owner(s)
22 of the property with his title as vested in the Second R'hereas
23 clause and that the said property is unencumbered except with the
24 liens and encumbrances as set forth in the Seventh ~~hereas 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
Zg demolished as provided for herein unless the transferree of the
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
g provisions of this agreement.
q ~ 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 Nokus and Hazel Weaver
City Rall 748 West Magnolia
13 300 North "D" Street San Bernardino, CA 92405
San Bernardino, CA 92418
14
I
15 ii 7. Time is of the essence with respect to the provisions
i
16 of this agreement.
17 8. This agreement shall be binding on and inure to the
18 benefit of the heirs, executors, administrators, successors, and
19 assigns of the parties hereto.
20 IN WITNESS V'EEREOF, the parties hereto have executed this
21 agreement on the date first hereinabove written.
22 ATTEST: CITY OF SAN BER I
23
9
24 ity Clerk
25 "OVINER (S)
26 By `~~uw~--~-c.
27 By ) ,
Appro d as to form:
28
ity At rneyt~~
~s~