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1 RESOLUTION NO. /.;J. "7 Y' /
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH PHYLLIS C. BLANCHARD REGARDING THE DEMOLITION OF COMMERC1AL.
3 BUILDINGS LOCATED AT 500 and 506 NORTH MT. VERNON AVENUE, SAN BERNARDINO,
CALIFORNIA
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION I. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City an agreement with Phyllis C.
Blanchard regarding the demolition of commercial buildings located at
500 and 506 North Mt. Vernon Avenue, San Bernardino, California, a copy of
which is attached hereto, marked "Exhibit A" and incorporated herein by
reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of sanBernardinoata_h/~:__~'__~/
m~hereof, held on the .~~ day of ~~ ' 1977,
by the following vote, to wit:
AYES Councilmen 71)'/NI-~ )f;f~j ~-/<-f
~/dCALn)
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NA YS: ~-L.-
ABSENT: -G~'h,"'o'Y;L,--,-Z:;_;y~ -,-,,}A~/7r
<-4-<4/ '~d
. Clty-~r:K
The foregoing resolution is hereby approved this //df' day of
.
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/J?t/
, 1977.
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Approved as to form:
F j LE 0
MAY 131971
LUCIL.LE GOFORTH, City Clerk
':;<77 ~;Z;
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A G R,E EM E NT
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(demolition of building)
It.
THIS AGREEMENT is made and entered into this .;:?S. day of
rn,
, 19~ by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called "City", and
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7 called "Owner(s)".
Phyllis C. Blanchard
, hereinafter
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 500 and 506 North Mt. Vernon
Street, in the
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
14 Lot 1, Block 1, Tompkin Subdivision, in the City of San Bernardino, County of
San Bernardino, State of California, as per plat recorded in Book 5 of Maps,
15 page 98, records. of said County.
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18 and;
19 WHEREAS, title to said property is vested in Owner(s) as
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follows:
Phyllis C. Blanchard
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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 WHEREAS, City desires to demolish said building(s) and
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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 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.
2. When said funds are available, City shall use said
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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.
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
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
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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 prope~ty 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 that 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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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
Phyllis C. Blanchard
500 North Mt. Vernon Avenue
San Bernardino, CA 92411
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
"OWNER(S)"
By ~~ .~~1~.J {O.'1iAAtA2iIUr{
By