HomeMy WebLinkAbout1981-477
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RESOLUTION NO.
81-477
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF THREE AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDiNGS OR STRUCTURES
3 LOCATED AT 431 SAN FELIPE DRIVE, OWNED BY MACK GREEN AND ALBERTA CHRISTINE
GREEN; 741 VALLEY VIEW, OWNED BY ~DNA SHURNEY PINCHEM AND ALBERT THOMAS
4 PINCHEM; 1420 W. KING STREET, OWNED BY LOUIS L. GARCIA AND CARMEN GARCIA;
ALL OF SAID BUILDINGS OR STRUCTURES BEING LOCATED IN THE CITY OF SAN
5 BERNARDINO.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The Mayor of the City of San Bernardino is hereby
9 authorized and directed to execute on behalf of said City, agreements for
10 demolition of certain buildings as follows:
11 (a 1 At 431 San Fe 1 i pe Dri ve, owned by Mac Green and Al berta
12 Christine Green;
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(bl 741 Valley View, owned by Edna Shurney Pinchem and
Albert Thomas Pinchem;
CC) 1420 W. King Street, owned by Louis L. Garcia and Carmen Garcia.
16 Said agreements are attached hereto, respectively marked Exhibits
17 (~l through (cl and incorporated herein by reference as though fully set
18 forth and at length.
19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
20 the Mayor and Common Council of the City of San Bernardino at an adiourned
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regular
meeting thereof, held on the
5th
day of October
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24
AYES:
,1981, by the following vote, to wit:
COUNCIL MEMBERS Castaneda, Reilly. Hernandez.
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Botts, Hudson, Strickler
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NAYS:
ABSENT:
None
council Member Hobbs
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r4P./#////~h .
/ Clty Clerk
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of
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day
The foregoing resolution is hereby approved this
))A~,)
, 1981.
Approved as to form:
4~/~~~
Clty Attorney
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A G R t E MEN T
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(demolition of building)
THIS AGREEMENT is made and entered into this ::< 0 ZJl.aay of
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, 19)7/, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and
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Mack Green and Alberta Christine Green
, hereinafter
7 called "Owner(s)".
8 WITNESSETH:
9 WHEREAS, O\vner(s) is the Owner(s) of Ii certain lot or
10 ,parcel of real property together with a building(s) situated
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thereon at
431 San Fe 1 i pe Drive
Street, in the
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
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Lot 14, SWAN AND MC KENNEY ACRE FARM LOT ADDITION, as per map
recorded in Book 18, page 48 of Maps, in the Office of the
County Recorder of said County.
Assessors Parcel Number: 136-311-26
18 ,and;
WHEREAS, title to said property is vested in Owner(s) as
follows:
Mack Green and Alberta Christine Green
; and
WHEREAS, said building(s) upon said premises is vacant and
unoccupied; and
I. WHEREAS, said building(s) is a blight upon the area Whi~h
IS an impact area designated by the City's Community Development
Department and said building(s) is in a hazardous and dangerous
condition and should be abated; and
WHEREAS, City desires to demolish said building(s) and
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
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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
.
10 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
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follows:
!iNONE
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18 NOW, THEREFORE, in consideration of the mutual promises,
19 provisions, agreements and legal detriments herein contained, it
20 is agreed as follows:
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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
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'Owner's(s') real property and to receive or be able to use Federal
26 Community Development funds therefor.
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2. When said funds are available, City shall use said
28 funds for the purpose of demolishing the building(s) and
structure(s) upon that real property hereinabove described and
shall 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
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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-
Icurred in connection with the demolition of the building.
4. Owner(s) hereby agrees to the demolition of the build-
ing(s) and structure(s) upon the real property, and does hereby
llrelease the City, its elective and appointive boards, commissions,
1
\officers, agents and employees from any and all claims for
\damages as a result of said demolition of said building(s) and
Idoes, upon completion of the demolition, agree to execute a
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 transferree of the
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property or any interest therein agrees to be fully bound by the
provisions of this agreement. Owner(s) hereby agrees to hold the
City, its elective and appointive boards, commissions, officers,
agents and employees harmless from any and all claims for damages
by any person~ firm or corporation having any interest in the
property should such person, firm or corporation claim damages as
a result of City's demolition of the building(s) pursuant to the
provisions of this agreement.
notices herein required shall be in writing, and
6. All
Idelivered in
person or sent by certified mail, postage prepaid,
as follows:
City Clerk
City Hall
300 North "D" Street
San Bernardino, CA 92418
M~c~~nd A1~art~ Green
15116 Portland
Oro Grande, CA 92368-Q221
7. Time is of the essence with respect to the provisions
of this agreement.
8. This agreement shall be binding on and inure to the
benefit of the heirs, executors, administrators, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove ~ritten.
ATTEST:
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City Clerk
Approved as to form:
.~/_- ~ ~.p-
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"OV!NER(S)" fb
BY~~ ';f~ .
By {l. . .~.
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A G R E E MEN T
(demolition of building)
THIS AGREEMENT is made and entered into this ;ZODl day of
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, 19~, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City",
and
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Edna Shurney Pinchem and Albert Thomas Pinchem
II called "Owner (s)" .
\ '!!.. ! 1'. !'1: ! ~ ~ E 1'. !!:
~ WHEREAS, Owner(s) is the Owner(s) of a certain lot or
II parcel of real property together with a building(s) s.ituated
I thereon at 741 Vall ey View Street, in the
ICity of San Bernardino, County of San Bernardino, State of
, hereinafter
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California and described as follows:
Assessors parcel number: 280-052-06
Lot 4, Tract No 2221, Valley Truck Farms #3, as per map recorded
in Book 31, page 88, records of said County.
Excepting the North 50 feet thereof.
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Also excepting the south 49.486 feet thereof.
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land'
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I WHEREAS, title to said property is vested in Owner(s) as
!fOll0WS: Edna Shurney Pinchem and Albert Thomas Pinchem
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; and
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WHEREAS, said building(s) upon said premises is vacant and
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unoccupied; and
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WHEREAS, said bUilding(s) is a blight upon the area which
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is an impact area designated by the City's Community Development
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Department and said building(s) is in a hazardous and dangerous
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condition and should be abated; and
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WHEREAS, City desires to demolish said building(s) and
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
10 Ito said demolition pursuant to the provisions of this agreement;
11 and
12 WHEREAS, Owner(s) represents and warrants to City that
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13 there are no liens or encumbrances upon said property except as
~fOllOWS:
~ NONE
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18 NOW, THEREFORE, in consideration of the mutual promises,
19 provisions, agreements and legal detriments herein contained, it
20 is agreed as follows:
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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.
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2. When said funds are available, City shall use said
28 funds for the purpose of demolishing the building(s) and
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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
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.
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.
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4. Owner(s) hereby agrees to the demolition of the build-
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ing(s) and structure(s) upon the real property, and does hereby
lrelease the City, its elective and appointive boards, co~missions,
,
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officers, agents and employees from any and all claims for
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damages as a result of said demolition of said building(s) and
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does, upon completion of the demolition, agree to execute a
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general release releasing City from any and all claims in
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connection with the abatement.
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5. Owner(s) warrants and represents that he is the Owner(s)
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of the property with his title as vested in the Second Whereas
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clause and that the said property is unencumbered except with the
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liens and encumbrances as set forth in the Seventh Whereas clause,
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and Owner (s) agrees th~t t he shall not sell, encumber, transfer or
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otherwise dispose of said real property or any interest therein
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involved hereunder until such time as the building(s) is
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demolished as provided for herein unless the transferree of the
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iproperty or any interest therein agrees to be fully bound by the
'provisions of this agreement. Owner(s) hereby agrees to hold the
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City, its elective and appointive boards, commissions, officers,
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agents and employees harmless from any and all claims for damages
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by any person, firm or corporation having any interest in the
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property should such person, firm or corporation claim damages as
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a result of City's demolition of the bUilding(s) pursuant to the
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provisions of this agreement.
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\ 6. All notices herein required shall be in writing, and
I'delivered in person or sent by certified mail, postage prepaid,
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las follows:
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City Clerk
Ci ty Hall
300 North "D" Street
San Bernardino, CA 92418
Edna and Albert Pinchem
24463 Norman Road
San Bernardino. CA 92408
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7. Time is of the essence with respect to the provisions
lof this agreement.
I 8. This agreement shall be binding on and inure to the
Ibenefit of the heirs, executors, administrators, successors, and
laSSignS of the parties hereto.
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I IN WITNESS WHEREOF, the parties hereto have executed this
lagreement on the date first hereinabove written.
IATTEST:
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III~~
I Ci ty Clerk
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By<
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By..
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Ma~;;;;;~
ity Atorney
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A C; 11 1> 1> ~! II ~ 1:
I!ld
, 19~, by and between the CI1:Y OF SAN BIIR~AI1DINO,
a municipal c6rporation, hereinafter called "City", and
Louis L. Garcia and Carmen Garcia
hereinafter
called "Owner(s)".
WIT ~ 1> S SIlT H:
WHIII1EAS, Owner(s) is the Owner(s) of a certain lot or
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'parcel of real
property together with a building(s) situated
thereon at
1420 W. King Street
Street, in the
City of San Bernardino, County of San Bernardino, State of
Lot 23, Block 3. INSURANCE LOAN AND LOAN COMPANY'S SUBDIVISION. in the
City of San Bernardino. County of San Bernardino. State of California,
as per plat recorded in Book 16 of Maps, page 37. records of said
County.
Pa rce 1 Number: 138-281-1 Q
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18 . and;
19 WHEREAS, title to said property is vested in Owner(s) as
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follows:
Louis L. Garcia and Carmen Garcia
21 ; and
22 WHERIIAS, said building(s) upon said premises is vacant and
23 unoccupied; and
24 WHEI1EAS, said building(s) is a blight upon the area which
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is an impact area designated by
bepartment and said building(s)
the City's Community Development.
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is in a hazardous and dangerous
27 condition and should be abated; and
28 WHEREAS, City desires to demolish said building(s) and
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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:
,
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~ NONE
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NOW, 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
Community Development funds therefor.
2. When said funds are available, City shall use said
funds for the purpose of demolishing the building(s) and
.
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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
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.
3. No costs shall be assessed against Owner(s) personally
11 or against the property involved for any costs or expenses in-
12 cur red in connection with the demolition of the building.
4. Owner(s) hereby agrees to the demolition of the build-
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ing(s) and structure(s) upon the real property, and does hereby
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i!release the City, its elective and appointive boards, cow~issions,
'I
II officers, agents and employees from any and all claims for
I
ldamages as a result of said demolition of said building(s) and
does, upon completion of the demolition, agree to execute a
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general release releasing City from any and all claims in
20
connection with the abatement.
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5. Owner(s) warrants and represents that he is the Owner(s)
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of the property with his title as vested in the Second Whereas
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clause and that the said property is unencumbered except with the
liens and encumbrances as set forth in the Seventh ~hereas Clause,
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and Owner(s) agrees that he shall not sell, encumber, transfer or
26
otherwise dispose of said real property or any interest therein
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involved hereunder until such time as the building(s) is
demolished as provided for herein unless the transferree of the
property or any interest therein agrees to be fully bound by the
provisions of this agreement. Owner(s) hereby agrees to hold the
City, its elective and appointive boards, commissions, officers,
agents and employees harmless from any and all claims for damages
by any person, firm or corporation having any interest in the
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property should such person., firm 0: corporation claim da.mages as
;,-:~,'..... '-~.
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a result of City's demolition of the building(s) pursuant to the ...
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provisions of this agreement.
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6. All notices herein required shall be in writing, and
delivered in person or sent by certified mail, postage prepaid,
as follows:
.Ci ty Clerk
Ci ty Hall
300 North "D" Street
San Bernardino, CA 92418
Louis L. and Carmen Garcia
4136 Mountain Drive. 7
San Bernardino, CA 9240",
7. Time is of the essence with respect to the provisions
of this agreement.
8. This agreement shall be binding on and inure to the
benefit of the heirs, executors, administrators, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
City Clerk
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ATTEST:
"02': A ....(
By '-"4,. , - '&~JA ./
BY~'~~'"
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