HomeMy WebLinkAbout1983-003
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
RESOLUTION NO. 83 - 3
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF THREE AGREEMENTS FOR THE DEMOLITION OF CERTAIN
BUILDINGS OR STRUCTURES LOCATED AT 104 WEST 5TH STREET; 1298 NORTH
PENNSYLVANIA AVENUE; AND 171 WALKINSHAW STREET; ALL OF SAID
BUILDINGS OR STRUCTURES BEING LOCATED IN THE CITY OF SAN BERNARDINO.
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8 SECTION I. The Mayor of the City of San Bernardino is hereby authorized
9 and directed to execute on behalf of said City, agreements for demolition of certain
10 buildings as follows:
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(a)
(b)
(c)
1298 North Pennsylvania Avenue, owned by the City of San Bernardino.
171 Walkinshaw Street, owned by Donald Ruben.
104 West 5th Street, owned by Charla L. Gould;
16 Said agreements are attached hereto, respectively marked Exhibits "A",
17 "B" and "C", and incorporated herein by reference as though fully set froth at
18 length.
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20 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
21 the Mayor and Common Council of the City of San Bernardino at a n adj ourned
22 regular meeting thereof, held on the 4th day of Jrlfill"ry
23 _, 1983, by the following vote, to wit:
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111111111
111111111
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day of
AYES:
COUNCIL MEMBERS Castaneda, Reill v,
Hernandez, Marks, Quiel, Strickler
NAYS:
None
ABSENT:
COllnr.il Mpmhpr H(')hhc::
~~~
/' City Clerk
The foregoing resolution is hereby approved this
6Tit
January
Approved as to form:
~~~
Cit Attorney
, 1983.
~
ity of San Bernardino
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!Q~~~~~~!
(demolition of building)
THIS AGREEMENT is made and entered into this
day of
4 , 19___, by and between the CITY OF SAN BERNARDINO,
S a municipal corporation, hereinafter called "City", and
6 , hereinafter
7 called "Owner(s)".
8 WIT N E SSE T H:
9 WHEREAE, 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
104 West 5th Street
Rtreet, in the
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
14 Lot 1, Paine Subdivision, Tract No. 2063, as per plat recorded in Book 29
of Maps, page 70, records of said County
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Assessors Parcel No. 135-093-73
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17
18 "and;
19 WHEREAS, title to said property is vested in Owner(s) as
20 follows: Decendent: Charles Neumaver. deceased
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Administratrix: Charla L. Gould
; and
22 WHEREAS, said building(s) upon said premises is vacant and
23 unoccupied; and
24 WHEREAS, said buildiny(s) is a blight upon the area which
25 is an impact area designated by the ~ity'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 "A"
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S
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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
buildin~(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 removin~
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said buildin~(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;
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and
WHEREAS, Owner(s) represents and warrants to City that
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there are no liens or encumbrances upon said property except as
follows: Notice of Pendency of Administrative Proceedings No. 2291, and the lien
of any assessment arising therefrom by the Department of Building and Safety of
the County of San Bernardino, in the matter of unlawful or unsafe conditions on
the property of 104 W. 5th Street, San Bernardino, CA, recorded July 5, 1982,
as Instrument No. 82-130847. of Official Records
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16
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18 NOW, THEREFORE, in consideration of the mutual promises,
20 is agreed as follows:
19 provisions, agreements and legal detriments herein contained, it
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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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2S
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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.
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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.
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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,
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i'release the City, its elective and appointive boards, co~~issions,
officers, agents and employees from any and all claims for
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damages as a result of said demolition of said buildin~(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.
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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 a~rees 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, CA 92418
Charla L. Gould
7127 Del Rosa Avenue
San Bernardino, CA 92404
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7. Time is of the essence with respect to the provisions
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ATTEST:
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16 'of this agreement.
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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.
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City Clerk
Approved as to form:
City Attorney
CITY OF SAN BERNARDINO
By
Mayor
"OWNER(S)"
By
By
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!Q~~~M~!i!
(demolition of building)
THIS AGREEMENT is made and entered into this
day of
, 19___ by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called "City", and
6 , hereinafter
7 called "Owner(s)".
8 WIT N E SSE T H:
9 WHEREA~, 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
Rtreet, in the
1298 Pennsylvania Avenue
City of San Bernardino, County of San Bernardino, State of
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California and described as follows:
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The South 170 feet of Lot 6m H. H. LINVILLE'S SUBDIVISION, as per plat
thereof recorded in Book 8 of Maps, page 47, records of said County
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Assessor's Parcel No.: 143-211-04
18 and;
19 WHEREAS, title to said property is vested in Owner(s) as
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follows:
The City of San Bernardino, California
21 ; and
22 WHEREAS, said building(s) upon said premises is vacant and
23 unoccupied; and
24 WHEREAS, said buildin~(s) is a blight upon the area which
25 is an impact area designated by the ~ity'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 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 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:
15 No~
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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:
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.
27 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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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-
cur red 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
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i release the City, its el ecti ve and appoint i ve boards, cOll'missions,
"
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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
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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
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 SAN BERNARDINO
By
Mayor
City Clerk
"OWNER(S)"
By
By
Approved as to form:
City Attorney
1
2
3
!Q!!'~~~~!!!
(demolition of bUilding)
THIS AGREEMENT is made and entered into this
day of
4 , 19___, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called "City", and
6 , hereinafter
7 called "Owner(s)".
8 WIT N E SSE T H:
9 WHEREAf, 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 171 Walkinshaw 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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15
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17
Assessor's Map Book 135 Page 08 San Bernardino County
136-082-12
18 "and;
19 WHEREAS, title to said property is vested in Owner(s) as
20
follows:
Donald Ruben
21 ; and
22 WHEREAS, said building(s) upon said premises is vacant and
23 unoccupied; and
24 WHEREAS, said buildin~(s) is a blight upon the area which
25 is an impact area designated by the ~ity'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 "C"
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II
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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
buildin~(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:
N~
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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n
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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.
10
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.
13
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, 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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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.
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
13
City Clerk
Ci ty Hall
300 North "D" Street
San Bernardino, CA 92418
Donald Ruben
8955 Avenida Miravilla
Cherry Valley, CA 92223
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7. Time is of the essence with respect to the provisions
16 of this agreement.
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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.
ATTEST:
CITY OF SAN BERNARDINO
By
Mayor
City Clerk
"O\'lNER(S)"
By
By
Approved as to form:
City Attorney