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HomeMy WebLinkAbout12937 . , i 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 RESOLUTION NO. ~~~:?;I' RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ANTHONY ROBERT MAZZOLA AND GLORIA MAZZOLA REGARDING THE DEMOLITION OF RESIDENTIAL BUILDING LOCATED AT 1068-70 SPRUCE STREET, 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 Anthony Robert Mazzola and Gloria Mazzola regarding the demolition of residential building located at 1068-70 Spruce 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 Mayor and Common Council of the City of San Bernardino at q../I/ /'-tt'1~A//1~ f 1 ? ~.i 'W<;1(,AZ~meeting thereof, held on the ~ day of l.7:7"':r<1Z-r'~"/ f / 1~77, by the ollowing vote, to wit: ~ ~7;.. <,hi Councilmen if;;~-",./-, ~ / / L.- . J f / . ,-?,;~t/ ;:;;;J--d:L~/ / "r L} l~/Y- ~~ed~..w/ ';;:/J!l5;J1/ (- ~ ~d/ -. / ~ ~~~tyo/~ The foregoing resolution is hereby approved this /'~~ day of AYES: NAYS: ABSENT: , 1977. pproved as to form: FILED SEP/,i. 1977 LUCILLE GOFORTH. City Clerk .,~."........'PUTY .- /2.937 1 2 !Q!!EE:~E:!'i! (demolition of building) 3 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 Anthony Robert Mazzola and Gloria Mazzola . . , hereinafter 7 called "Owner(s)". I 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 11 12 13 14 15 16 17 18 19 thereon at Street, in the 1068-70 Soruce Street City of San Bernardino, County of San Bernardino, State of I California and described as follows: Portion of the east half of Lot 5, I in Block 17, Rancho San Bernardino, in the City of San Bernardino, County of San I Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2, Irecords of said County, described as follows: Beginning at the intersection of Ii the East line of said Lot with the North line of Spruce Street; thence North . along the said East line of said Lot, 139.95 feet, thence, west parallel with thel North line of Spruce Street, 50 feet; thence South parallel with the East line of said Lot, 139.95 feet to a point on the North line of Spruce Street, 50 feet West of the place of beginning; thence East along the said North line 50 feet to the pOint of beginning and; WHEREAS, title to said property is vested in Owner(s) as 20 follows: Anthony Robert Mazzola and Gloria Mazzola. husband and wife as 21 joint tenants ; and 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 j I 24 1 I i 25 I 26 I , I 27 28 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 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 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 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 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, a result of City's demolition of the building(s) pursuant to the Iprovisions of this I I 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 Anthony Robert and Gloria Mazzola 1068-70 Spruce Street San Bernardino, California 7. Time is of the essence with respect to the provisions 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: -- By/< By