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RESOLUTION NO. /~y;{t
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH NICHOLAS RUIZ AND MAXIMA RUIZ REGARDING THE DEMOLITION OF
RESIDENTIAL BUILDING LOCATED AT 1331~ VINE STREET, SAN BERNARDINO, CALIFORNIA
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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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 Nicholas and
Maxima Ruiz regarding the demolition of residential building located at
1331~ Vine 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
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AYES:
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NAYS:
ABSENT:
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The foregoing resolution is hereby approved this _~~ day of
/ .
, 1977.
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pproved as to form:
I LED
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"UClllE GOFORTH, CIty C\eIk
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A G R E E MEN T
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THIS AGREEMENT
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(demolition of building)
is made and entered into this ./~~ day of
, 197~ by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and
6 Nicholas RlJiz and Maxima RlJiz
, hereinafter
7 called "Owner(s)".
8 Vi I T N E SSE T H:
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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' 13311,; Vine
Street, in the
12 City of San Bernardino, County of San Bernardino, State of
13 California and described as follows:
14 Lot 7, Block 2, San Bernardino Home Building Company's Subdivision, in the
City of San Bernardino, County of San Bernardino, State of California, as per
15 plat recorded in Book 16 of Maps, page 9, records of said County
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18 and;
19 WHEREAS, title to said property is vested in Owner(s) as
20 follows: Nicholas Ruiz and Maxima Ruiz. husband and wife as joint tenants
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22 WHEREAS, said building(s) upon said premises is vacant and
23 unoccupied; and
24 WHEREAS, said bUilding(s1 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 aba.ted; 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 re.al
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
I release the City, its elective and appointive boards, cowmissions,
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 theOwner(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 ~ny 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
Ci ty Hall
300 North "D" Street
San Bernardino, CA 92418
Nicholas and Maxima Ruiz
l33l~ Vine Street
San Bernardino
California
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:
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City Clerk
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"OVINER(S)'.' . , " ~
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By