HomeMy WebLinkAbout1981-032
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RESOLUTION NO. ~J-~~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF THREE AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES
LOCATED AT 4170 MEYERS ROAD, OWNED BY LEO E. FRESQUEZ AND GERALDINE R.
FRESQUEZ; 109 EAST FOURTH STREET, OWNED BY FOURTH STREET INVESTMENT CO., A
PARTNERSHIP; AND 1102 NORTH MT. VERNON, OWNED BY DONALD E. STEWART AND
I BARBARA A. STEWART; 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:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, agreements for
demolition of certain buildings as follows:
(a) 4170 Meyers Road, owned by Leo E. Fresquez and Geraldine R.
Fresquez
(b) 109 East Fourth Street, owned by Fourth Street Investment Co.,
A Partnership
(c) 1102 North Mt. Vernon, owned by Donald E. Stewart and
Barbara A. Stewart
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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 Bernar(1o at;;/;I""'~d
meeting thereof, held on the /p"nt day of ~_
1981, by the following vote, to wit:
AYES: COUNCILMEN ~ '
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t:::~'--J51JL.L1, 'Ii~~
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NAYS:
ABSENT:
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~U'M.(~
./
City Clerk
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The f6~going resolution is hereby approved this ,-"7,,r'
day of
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Approved as to form:
~~~eP
Ci y Attorney
. 1981.
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A G R E E MEN T
(demolition of building)
THIS AGREEMENT is made and entered into this ~ day of
, 191t[, by and between the CITY OF SAN BERNARDINO,
corporation, hereinafter called "City", and
Leo E. Fresquez and Geraldine R. Fresquez
, hereinafter
7 called "Owner(s)".
8 Vi .!. T ~ E ~ ~ E l' 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
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thereon at
Street, in the
4170 Meyers Road
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
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15 * Refer to Attached Deed for legal description.
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18 and;
19 WHEREAS, title to said property is vested in Owner(s) as
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follows:
Leo E. Fresquez and Geraldine R. Fresquez
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22 WHEREAS, ~aid 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
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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
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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
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 involyed for any costs or expenses in-
curred 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
release the City, its elective and appointive boards, cowmissions,
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
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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.
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6. All notices herein required shall be in writing, and
10 delivered in person or sent by certified mail, postage prepaid,
11 as follows:
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City Clerk
City Hall
300 North "D" Street
San Bernardino, CA92418
Leo E. & Geraldine Fresquez
819 E. Basel ine
San Bernardino. CA 924~O
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7. Time is of the essence with respect to the provisions
16 of this agreement.
8. This agreement shall be binding on and inure to the
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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.
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ATTEST:
CITY OF SAN BERN
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~f:&Ab
ity C erk
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By
By
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Approved as to form:
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City At rney
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A G R E E MEN T
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Fourth Street Investment Co., A Partnersh.ip
, hereinafter
,
7 called "Owner(s)".
8 WIT N E SSE 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
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thereon at
109 East 4th Street
Street, in the
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
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WOZENCRAFT PLACE,all of Lots 2, 3, 4, 5 and 6, Block A,
and North 5 feet a 11 ey adjacent to the South.
,
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19 WHEREAS, title to said property is vested in Owner(s) as
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follows:
Fourth Street Investment Co., A Partnersh.ip
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; and
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WHEREAS, ~aid building(s) upon said premises is vacant and
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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
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Owner(s) desires to permit City ~o 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
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
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.
4. Owner(s) hereby agrees to the demolition of the build-
ing(s) and structure(s) upon the real property, and does hereby
release the City, its elective and appointive boards, co~missions,
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
.,... .
1 property or any interest ~herein 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.
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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
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Fourth Street Investment Co.
109 East 4th Street
San Bernardino. California .
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7. Time is of the essence with respect to the provisions
16 of this agreement.
8. This agreement shall be binding on and inure to the
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benefit of the heirs, executors, administrators, successors, and
assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
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ATTEST:
23
~.d/&~
ity Clerk
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Approved as to form:
~~~~ t 1,.i:Y
City At orney
"OWNER(S)"
By (V,L t!/ /!D
By
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cL;!
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A G R E E MEN T
Donald E. Stewart and Barbara A. Stewart
, hereinafter
called "Owner(s)".
WIT N E SSE 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
1102 North Mt. Vernon
Street, in the
City of San Bernardino, County of San Bernardino, State of
California and described as follows:
The South 64 \ feet of the Eas t 135 feet of Lot 5, Fl ELDS
SUBDIVISION, in the City of San Bernardino, as per plat
recorded in Book 5 of maps, page 79, records of said County.
and;
WHEREAS, title to said property is vested in Owner(s) as
follows:
Donald E. Stewart and Barbara A. Stewart
; and
WHEREAS, ~aid 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
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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, ma~e 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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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
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.
4. Owner(s) hereby agrees to the demolition of the build-
ing(s) and structure(s) upon the real property, and does hereby
release the City, its elective and appointive boards, co~missions,
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
.
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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
City Hall
300 North "D" Street
San Bernardino, CA 92418
Donald & Barbara Stewart
1124 East 28th Street
San Bernardino, California
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:
~.c~~"
City Clerk
Approved as to form:
~.~~...A.JI" d
Ci ty A~t<rorney