HomeMy WebLinkAbout12349
:
1
/23"1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE TRUSTEES OF AMERICAN LEGION
3 POST 710 (GUY WYNTON MORRIS POST 710, SAN BERNARDINO, CALIFORNIA)
RELATING TO THE DEMOLITION OF A BUILDING LOCATED AT 773 PERRIS
4 STREET, SAN BERNARDINO, CALIFORNIA. ,-
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7
8
9
10
11
SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
agreement with the Trustees of American Legion Post 710 (Guy
Wynton Morris Post 710, San Bernardino, California) relating to
the demolition of a building located at 773 perris Street, San
12
Bernardino, California, a copy of which is attached hereto, marked
13
Exhibit "A" and incorporated herein by reference as fully as
14
though set forth at length.
15
16
17
18
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
a ~~ab~
day of ~,;t.~
meeting thereof, held
Bernardino at
on the /4d::
, 1976, by the following vote,
19 to wit:
20
~,..
Councilmen
AYES:
21
22
23
24
25
26
27
28
f''ffiL~ ~d~
~J~'~&~ ~~/
NAYS:
ABSENT:
_ -q.4J day
The foregoing resolution is
~7~ , 1976.
of
.z.
of
II
"
- .
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
h
dJ~'.
r7
A G R E E MEN T
---------
(demolition - 773 Perris street)
THIS AGREEMENT is made and entered into this
day of
, 1976, by and between the GITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "city", and
LUTHER DAVIS, T. R. BOLTON, JOSEPH NELSON, CLAUDE LOUIE, HERBERT
MOUZON, JIM DAVIS, THOMAS BONDURANT, WILLIE GAINES, NATHANIEL
GRANT, JAMES NAULS, EDWARD HAWKINS, and JEROME WARREN, as trustees
of American Legion Post 710 (Guy Wynton Morris Post 710, San
Bernardino, California), hereinafter referred to as "Owners".
WIT N E SSE T H:
WHEREAS, Owners are the owners of a certain lot and parcel
of real property together with a building situated thereon at
773 perris Street, San Bernardino, California; and
WHEREAS, title to said property is vested in said Owners
as trustees of American Legion Post 710; and
WHEREAS, said property is described as that real property
in the County of San Bernardino, State of California, described
as:
Portions of Lots 13, 14 and 15 of Block 1, of
AlIens Subdivision, as per plat recorded in
Book 3 of Maps, page 60, records of said
County, described as follows:
BEGINNING at the southwest corner of Lot 13
of Block 1 of said AlIens Subdivision; thence
east along the south line of Lots 13, 14 and
15, 100 feet to a point 10 feet east of the
southwest corner of Lot 15; thence north
parallel to the west line of Lot 15, 72.4 feet
to a point 72 feet south of the north line of
Lot 15; thence west parallel to the north line
of Lot 15, 40.5 feet; thence south parallel to
the west line of Lot 15, 41.6 feet; thence west
parallel to the south line of Lots 13 and 14,
59.5 feet to the west line of Lot 13; thence
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
!I
"
,
i
i
I
i
,
::1
!'
south along said west line 30.8 feet to the point
of beginning
and;
il WHEREAS, Owners hold legal title to said property as
,I
'I
II trustees for said American Legion Post and there are no liens or
lencumbrances upon said property; and
WHEREAS, the building and structure constructed on said lot
and parcel of real property is vacant and unoccupied; and
WHEREAS, said American Legion Post is a nonprofit veterans
organization; and
WHEREAS, the City's Building & Safety Department has con-
demned the building and structure situated upon said lot and real
property as a public nuisance; and
WHEREAS, both parties hereto agree that the said building
is a blight upon the area and the City finds that the said build-
ing is blighted, deteriorated, and that the property is in-
appropriately developed from the standpoint of sound community
development and growth; and
WHEREAS, said real property is situated in an impact area
so designated by the City's Community Development section and
City further alleges that the building is in a hazardous and
dangerous condition; and
WHEREAS, immediate public action is needed to demolish said
building inasmuch as it is in a hazardous and dangerous condition
and is a public nuisance; and
WHEREAS, the parties hereto do by this agreement desire to
resolve all issues and settle all matters between themselves with
respect to the demolition of the building; and
-2-
1 WHEREAS, City does have available certain Community
2 Development funds which have been provided for the demolition of
3 such buildings; and
4 WHEREAS, City is agreeable to demolishing and removing said
5 building from the real property involved without any cost to Owner
6 or the American Legion Post 710 and without the said costs being
7 a charge or lien upon the real property involved if Owners agree
8
9
10
11
12
II to said demolition,
p
I NOW, THEREFORE,
Ii provisions, detriments
!agreed as follows:
1. City will use available Federal Community Development
in consideration of the mutual promises,
and conditions herein contained, it is
13 Block grant funds for the purpose of demolishing the building and
14 structure upon that real property hereinabove described and for
15 site clearance including the clearance of the old foundation and
16 all cement work. City shall file all required Environmental
17 Impact Statements, make all required publications, conduct all
18 required hearings and perform other ministerial functions re-
19 quired to obtain approval for the demolition project and to re-
20 ceive the Federal funds. Therefore, it is estimated for purposes
21 of this agreement that the cost of the demolition and destruction
22 of the building and clearance of the site will be approximately
23 one thousand nine hundred and seventy five dollars ($1,975.00).
24
2. Upon the availability of Federal funds, City shall
25 obtain a contractor, any necessary liability bonds naming Owners
26 as an additional insured, and all permits necessary to demolish
27 the said structure. City will supervise and cause the demo-
28 lition of the building and structure upon the said real property,
-3-
. ~
. .
1 including the building and foundation thereof. As a part of said
2
3
demolition, City shall cause the clearance of the old foundation
and cement work and cause all holes and footing trenches to be
4
5
6
filled and the property placed in a condition that it will drain tt
i
I
I
I
I
I
I
I
I
1
a natural fall of surrounding terrain.
3.
No costs shall be assessed against Owners personally,
7
8
9
10
against the American Legion Post 710, or against the property
involved for any costs or expenses incurred in connection with
the demolition of the building.
4. Owners do hereby jointly and severally agree to the
11 demolition of the building and structure upon the real property,
12 and do hereby release the City, its elective and appointive
13 boards, commissions, officers, agents and employees from any and
14 all claims for damages as a result of said demolition of said
15 building and do upon completion of the demolition agree to
16 execute a general release releasing City from any and all claims
17 in connection with the abatement.
18
5. Owners, jointly and severally, warrant and represent
19 to the City that they are the duly appointed trustees of Guy
20 Wynton Morris Post 710 of the American Legion and that as such
21 they are authorized to enter into this agreement and to authorize
22 the demolition of the said building in accordance with the terms
23 and provisions hereof. Said Owners further jointly and severally
24 warrant and represent that they shall not sell, encumber, transfer
25 or otherwise dispose of the real property or any interest therein
26 involved hereunder until such time as the building is demolished
27 as set forth herein unless the transferee of the property agrees
28 to be fully bound by the provisions of this agreement and that
-4-
.,'
~.
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
said property is presently unencumbered. Owners hereby agree 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 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:
Luther J. Davis
935 East Mariposa
Rialto, California 92376
City of San Bernardino
300 North "0" Street
San Bernardino, Calif. 924 8
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 have hereto executed this
agreement on the date first hereinabove written.
ATTEST:
TRUSTEES OF AMERICAN LEGION POST 710
3GUY Wy Morr~ost 710)
- . ~); ~
Luther Davis
c:;Ii/}~~
T. R. Bolton
-5-
"
,-
'. -,
, :
1
2
3
4
5
6
7
8
9
10
11
12
{
I
I:
,
,
I
13
14
15
16
17
18
19
1!
20
21
22
23
24
25
26
27
28
/
Y-,~ ~~^"---
Joseph Nelson
~~..-~
~j),!:'i~_. F
~;if;; -
~~P<1 ~;)'A.il.1ifl
Thomas Bon'lmrant
~~
./l~~
~ Nathaniel Grant
O~ K (2:f7/' 0. .
(~ Jam\~
~ ~-~~
Edward Hawkins
.,u/~
.'
,~
_e:._