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1 RESOLUTION NO. ~~~~
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH C. LEWIS GEE AND BARBARA J. GEE REGARDING THE DEMOLITION OF
3 RESIDENTIAL BUILOING LOCATED AT 916 WEST RIALTO AVENUE, 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
and directed to execute on behalf of said City an agreement with C. Lewis Gee
and Barbara J. Gee regarding the demolition of residential building located at
916 West Ria1to Avenue, San Bernardino, California, a copy of which is attached
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hereto, marked "Exhibit A" and incorporated herein by reference as fully as
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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 a
~Lpf~ meeting thereof, held on the ~~. day of
~ ' 1977,
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AYES:
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NAYS:
P,BSENT:
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is hereby approved this
day of
, 1977.
26 Approved as to form:
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FILED
OCT 71977
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A G R E E MEN T
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(demolition of building)
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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 C. Lewi s Gee and Barbara J. Gee
, hereinafter
7 called "Owner(s)".
8 II
WIT N E SSE T H:
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WHEREAS, Owner(s) is the Owner(s) of a certain lot or
!parcel of real property together with a
thereon at 916 Rialto Avenue
building(s) situated
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Street, in the
12 City of San Bernardino, County of San Bernardino, State of
I California and
I See Exhibit A
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described as follows:
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18 'and;
19 WHEREAS, title to said property is vested in Owner(s) as
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follows:
C. Lewis Gee and Barbara J. Gee, 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(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,
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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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
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WHEREAS, Owner(s) represents and warrants to City that
there are no liens or encumbrances upon said property except as
follows:
'Merle ~ Rickert and Lolita B. Rickert, husband and wife
NOW, THEREFORE, in consideration of the mutual premises,
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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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 City Clerk
Ci ty Hall
13 300 North "D" Street
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
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assigns of the parties hereto.
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20 IN WITNESS WHEREOF, the parties hereto have executed this
21 agreement on the date first hereinabove written.
22 ATTEST:
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Ci y Clerk
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"OWNER(S)" ~
Bye~J<'c'.. ~
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By ;. iu4L4/ b-e-....
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latLRAkbtP. ~
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and
beneficiaries of deed(s) of trust upon the property which is the
subject of this agreement, hereby waive any and all claims to
damages 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-
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ment and consents to City's demolition of said building (s).
Dated:
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EXHIBIT A OF AGREEMENT WITH C. LEWIS GEE AND BARABARA J. GEE
Aportion of Lots 15. 16 and 17, ELIZABETH M. WALLACE'S SUBDIVISION, in the City of
San Bernardino, County of San Bernardino, State of California, as per plat recorded
in Book 3 of Haps, page 38, records of said County, lying West of the right of way
of the Southern California Railway, described as follows:
Commencing at the Southwest corner of said Lot 17; thence East along the South line
of said Lot 17 to its intersection with the West I ine of right..of way of the Southern
California Railway; thence Northwesterly along the Westerly line of said right of
way to its intersection with the West line of said Lot 15; thence South along the
West line of said Lots IS, 16 and 17 to the point of beginning_
EXCEPT that triangular shaped piece of land being a portion of Lot 17 of said Subdi-
vision described as follows:
BEGINNING at a point in the South line of said Lot 17, a destance of 50 feet East-
erly from the Southwest corner of said Lot; thence North 006' West along a line 50
feet Easterly of and parallel to the Westerly line of said Lot, a distance of 42.72
feet, more or less, to an intersection with the Southwesterly line of the Atchison,
Topeka and Santa Fe Railway Company's 30 foot right of way; thence Southwesterly
along the said Southwesterly line of said right of way having a raduus of 1447.47 feet,
a distance of 53.02 feet, more or less, to a point in the South line of said Lot 17,
thence 89047' West along said South line of Lot 17, a distance of 31.46 feet to the
point of beginning. .
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