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1 RESOLUTION NO. /c29'....:ft,
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH ESPERANZA GUILLEN AND MELQUIADES GUILLEN REGARDING THE DEMOLITION
3 OF RESIDENTIAL BUILDING LOCATED AT 730, 732, 740 PERRIS STREET, SAN BERNARDINO
CALI FORN IA
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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
and directed to execute on behalf of said City an agreement with Esperanza
Guillen and Melquiades Guillen regarding the demolition of residential building
located at 730, 732, 740 Perris Street, San Bernardino, California, a copy of
hich 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 Common Council of the City of San Bernardino at a~/~~~'L~::~
meeting thereof, held on the ~~ day o~~__
, by the following vote, to wit:
AYES: Councilmell' /;::fi77:.L.d~-; /~i;
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NAYS:
ABSENT:
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resolution is hereby approved this /67/%
day of
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TJr foregoing
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, 1977.
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Approved as to form:
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FILED
SEP/? 1977
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A G R E E MEN T
(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
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, hereinafter
Esoeranza Guillen and Melquiades Guillen
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7 Icalled "Owner(s)".
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WIT N E SSE T H:
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I WHEREAS, Owner(s) is the Owner(s) of a certain lot or
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'parcel of real property together with a building(s) situated
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thereon at 730-732-740 Perri s Street
Street, in the
City of San Bernardino, County of San Bernardino, State of
California and described as follows:
,Lots 23 and 24, Block 2, Subdivision of Lots 3, 4, 15 and 16, Block 18, Rancho
Isan Bernardino, Allen's First Addition, in the County of San Bernardino, State of
California, as per plat recorded in Book 3 of Maps, page 60, records of said
County
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18 and;
19 WHEREAS, title to said property is vested in Owner(s) as
20 follows: Esperanza Guillen and Melquiades Guillen, 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
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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
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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,
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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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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
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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
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without any cost to Owner(s) and without the said costs being a
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9 charge or lien upon the real property involved if Owner(s) agrees
10 to said demolition pursuant to the provisions of this agreement;
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12 WHEREAS, Owner(s) represents and warrants to City that
13 there are no liens or encumbrances upon said property except as
14 follows:
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18 NOW, THEREFORE, in consideration of the mutual prGmises,
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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property
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or any interest therein agrees to be fully bound by the
8 provisions of this agreement.
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
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6. All notices herein required shall be in writing, and
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10 delivered in person or sent by certified mail, postage prepaid,
Esperanza Guillen and Melquiades Guillen
730, 732, 740 Perris Street
San Bernardino, California
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7. Time is of the essence with respect to the provisions
16 of this agreement.
8. This agreement shall be binding on and inure to the
11 as follows:
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City Clerk
Ci ty Hall
300 North "D" Street
San Bernardino, CA 92418
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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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"OVlNER(S)"
BY~~~ ..
BY~~~~~