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1 RESOLUTION NO. /.2 .f:qf?'
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH ARTHUR MURRELL BROWN AND DOROTHY LOUISE BROWN REGARD1NG THE
3 DEMOLITION OF RESIDENTIAL BUILDING LOCATED AT 1366 NORTH F STREET, SAN
BERNARDINO, CALIFORNIA .
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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
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and directed to execute on behalf of said City an agreement with Arthur Murrell
Brown and Dorothy Louise Brown regarding the demolition of residential building
located at 1366 North F Street, 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.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
ayor and ~ommon Council o~ the City of San Bernardino atia~'-?f1f!~'i-'-..L--
< . .' meet1ng thereof, held on the .b?7:7. da/~f
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, 1977, by the following vote, to wit:
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AYES:
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NAYS:
ABSENT:
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/ t:-zt day of
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The foregoing resolution is hereby approved this
, 1977.
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pproved__as to form:
u
FILED
SEP )(..1977
LUC'!+E GOFORTH, City CIeri(
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/-Z';?3B
AG~~.!~ME!,!:.':!'.
(demolition of building)
THIS AGREEMENT is made and entered into this
day of
, 19___, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and
Arthur M. and Dorothy L. Brown
, 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
1366 North F
Street, in the
City of San Bernardino, County of San Bernardino, State of
California and described as follows:
That portion of Lot 11, Block 35, Rancho San Bernardino, as per plat recorded
in Book 7 of Maps, page 2. Commencing at a point 35 feet West and 200 feet
North of the Southeast corner of said Lot; thence West 150 feet; thence north
50 feet; thence East to a point 35 feet.West of the East line of said Lot;
thence South along the West line of "F" to the point of beginning.
and;
WHEREAS, title to said property is vested in Owner(s) as
follows:
ARTHUR MURRELL BROWN AND DOROTHY LOUISE BROWN, husband and
wif~ as joint t~nants
; 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 apd 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
I 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:
Yucaipa Valley Branch
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Security Pacific National Rank
35120 Yucaipa Boulevard. Yucaipa, Califilrnia Q?,!QQ
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 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~~issions,
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 thereLn
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:
12 Ci ty Clerk Arthur M. and Dorothy L. Brown
City Hall 1366 North F Street
13 300 North "D" Street San Bernardino. California
San Bernardino, CA 92418
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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.
22 ATTEST:
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YUCAIPA VALLEY BRANCH
SECUR'TX PACIFIC NATIONAL BANI(
35120 Yucaipa Blvd. Yu~ajpa, Ca. 9~~d
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beneficiaries of deed(s) of trust upon the property which is the
subject of this agreement, hereby waive any and all claims to
da~ages as a result of City's demolition of the bUilding(S)~~
situated upon the described real property and hereby authorizes
City to demolish the building(s) as provided for in this agree-
Itnent and
Dated:
consents to City's demolition
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of'said building(s).
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YUCAIPA VALLEY BRANCH
SECURIT": PACIFIC rMTIONAl BANK
35120 Yucaipa Blvd., Yucaipa, Ca. 92399
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