HomeMy WebLinkAbout1982-1851 11 RESOLUTION NO. 82-185
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
THREE AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES LOCATED
3 AT 1292 N. MT. VERNON STREET, OWNED BY SAN BERNARDINO NEIGHBORHOOD HOUSING
SERVICES, INC.; 739 N. MT. VERNON STREET, OWNED BY THE CITY OF SAN BERNARDINO;
4 AND 1223 REECE STREET, OWNED BY JOE LEMOS, JR. AND BECKY LEMOS AND JOE E.
LEMOS, SR. AND LUPE LEMOS; ALL OF SAID BUILDINGS OR STRUCTURE BEING LOCATED
5 IN THE CITY OF SAN BERNARDINO.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
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and directed to execute on behalf of said City, agreements for demolition of
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certain buildings as follows;
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(A) 1292 N. Mt. Vernon Street, owned by San Bernardino Neighborhood
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Housing Services, Inc.;
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(B) 739 N. Mt. Vernon Street, owned by the City of San Bernardino, a
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Municipal Corp.;
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(C) 1223 Reece Street, owned by Joe Lemos, Jr, and Becky Lemos, husband
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and wife, and Joe E. Lemos, Sr. and Lupe Lemos, husband and wife.
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Said agreements are attached hereto, respectvely marked Exhibit (A)
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through (C) and incorporated herein by reference as though fully set forth
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and at length.
19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a regular
21 meeting thereof, held on the 19th day of April 1982,
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by the following vote, to wit:
23 AYES: Council Members Castaneda, Reilly, Botts,
24 Hobbs, Ouiel, Strickler
25 NAYS: None
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27 ABSENT? Council Member Hernandez
28 11. . . .
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i city Clerk'-
The for�egoing resolution is hereby approved this e23
day of ,/, 1982.
Approved as to form:
City Alftorney
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A G R E E M E N T
(demolition of building)
THIS AGREEMENT is made and entered into this /ilk day of
lI? by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and
San Bernardino Neighborhood Housing Services, Inc. , hereinafter
called "Owner(s)"
B I T N E S S E T H:
WHEREAS, Owner(s) is the Owner(s) of a certain lot or
parcel of real property together with a building(s) situated
thereon at 1292 N. Mt. Vernon Street, in the
City of San Bernardino, County of San Bernardino, State of
California and described as follows:
Lot 12, Tract No. 1952, HOWARD AND HAYS SUBDIVISION, as per plat
recorded in Book 28, of Maps, page 23, records of said County.
;and;
WHEREAS, title to said property is vested in Owner(s) as
follows: San Bernardino Neighborhood Housing Services, Inc.
; 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) is in a hazardous and dangerous
condition and should be abated; and
WHEREAS, City desires to demolish said building(s) and
EXHIBIT "A"
I structure(s) upon that real property hereinabove described and
2 shall obtain a contractor, any necessary liability bonds naming
g Owners) as an additional insured and all permits necessary to
4 demolish the said structure(s). City shall supervise and cause
s 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
g 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 -
12 curred in connection with the demolition of the building.
13 4• Owner(s) hereby agrees to the demolition of the build -
14 ling(s) and structure(s) upon the real property, and does hereby
15 iirelease the City, its elective and appointive boards, commissions,
16 officers, agents and employees from any and all claims for
17 damages as a result of said demolition of said building(s) and
is 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 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,
ZS 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 buildinq(s) is
Y8 demolished as provided for herein unless the transferree of the
I 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
♦ eligible for the expenditure of Community Development Grant funds
S 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 Jto 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 IIfollows:
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City of San Bernardino A Municipal corporation
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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 buildinR(s) and
I 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
s 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.
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 San Bernardino Neighborhood
City Hall Housing Services
13 300 North "D" Street 1600 N. Arrowhead Avenue, Ste. 10
San Bernardino, CA 92418 P. 0. Box 7027
14 San Bernardino, CA 92411
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15 i', 7. Time is of the essence with respect to the provisions
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 WHEREOF, the parties hereto have executed this
21 agreement on the date first hereinabove written.
22 ATTEST: CITY SAN
23 11 0 0-1
24 City Clerk
25 "OWNERR((S) "
26 By
27 By ,
Approved as to form:
28
ity Attorney
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A G R E E N. E N T
(demolition of building)
THIS AGREEMENT is made and entered into this day of
1D/"A , by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and Joe Lemos,
Jr. and Becky Lemos, Husband and Wife, and Joe E. Lemos, Sr. and hereinafter
Lupe Lemos Husband and Wife. _ —__ —.----
called "Owner(s)"
b k I T N E S S E T 11:
9 I WHEREAS, Owner(s) is the Owner(s) of a certain lot or
10 !parcel of real property together with a building(s) situated
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11 ithereon at 1223 Reece Street, in the
12 !City of San Pernardino, County of San Bernardino, State of
13 IlCalifornia and described as follows:
The East 10 feet of Lot 21 and all of Lot 22, Block "A", A.W. Rogers
Resubdivision, in the City of San Bernardino, as per plat recorded in
15 Book 19 of Maps, page 70, records of said County.
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1E Mand;
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19 Ij WHEREAS, title to said property is vested in Owner(s) as
20 ((follows: Joe Lemos, Jr. and Becky Lemos, Husband and Wife, and Joe E. Lemos,
21 1� Sr. and Lupe Lemos, Husband and Wife. ; and
22 I WHEREAS, said building(s) upon said premises is vacant and
23 Ilunoccupied; and
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24 I WIIERIlAS, said bui dings) is a blight upor, the area which
25 is an impact arca dosignated by tlir City', Community Decclopment
26 Department and said buildings) is in a hazardous and dangerous
,
27 condition and should be abated; and
28 WHEREAS, City desires to demolish said building(s) and
EXHIBIT "�"
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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:
None
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
I structure(s) upon that real property hereinabove described and
2 shall obtain a contractor, any necessary liability bonds naming
g Owner(s) as an additional insured and all permits necessary to
4 demolish the said structure(s). City shall supervise and cause
s 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 -
12 curred in connection with fhe 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
17 damages as a result of said demolition of said building(s) and
1s 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 Whereas
23 clause and that the said property is unencumbered except with the
Z4 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
47 involved hereunder until such time as the buildink(s) is
48 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.
6. All notices herein required shall be in writing, and
delivered in person or sent by certified mail, postage prepaid,
as follows:
City Clerk Joe Lemos, Jr.
City Hall 1223 Reece Street
300 North "D" Street San Bernardino, CA
San Bernardino, CA 92418
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.
ATTEST: CITY OF 'JAN
r
Approved as to form:
C�Lo
ity Attorney
By
a
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I A G R E E M E N T
2 (demolition of building)
3 THIS AGREEMENT is made and entered into this / day of
4 by and between the CITY OF SAN BERNARDINO,
5 a munic Cal corporation, hereinafter called "City", and
6 City of San Bernardino, A Municipal Corp. , 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 739 N. Mt. Vernon Street, in the
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
14 I That portion of lot 9, Book 18, Rancho San Bernardino, as per plat recorded
15 in book 7 of maps, page(s) 2, records of said County, described as follows:
Beginning 182.24 feet north of thesauthwest corner of said lot 9; thence
16 east 140 feet; thence north 45.56 feet; thence west 140 feet; thence
south 45.56 feet to the point of beginning.
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18 and;
19 WHEREAS, title to said property is vested in Owner(s) as
20 follows: City of San Bernardino, A Municipal Corp.
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 II WHEREAS, City desires to demolish said building(s) and
EXHIBIT "g'
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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:
None
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(sl) 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
I 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
s 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
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,
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officers, agents and employees from any and all claims for
damages as a result of said demolition of said building(s) and
does, 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
I 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
S 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 City of San Bernardino
City Hall City Hall
13 300 North "D" Street 300 North "D" Street
San Bernardino, CA 92418 San Bernardino, CA 92418
14
15 7. Time is of the essence with respect to the provisions
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 WHEREOF, the parties hereto have executed this
21 agreement on the date first hereinabove written.
22 ATTEST: CITYOF�A1�4Fk O
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OPV
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Approved as �toform:
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City AtCorney
"OWNE S)"
By
By