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1 RESOLUTION NO.. /~.., ~~
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH ROYAL DEYON, JR., JO ANN EUGENIA DEYON, ANDREW C. FUNDERBURK,
3 AND LEROY DUNCAN REGARDING DEMOLITION OF A COMMERCIAL STRUCTURE LOCATED AT
1008 NORTH MT. VERNON AVENUE, SAN BERNARDINO, CALIFORNIA
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOLLOWS:
6 SECTION I. The Mayor of the City of San Bernardino is hereby authorized
7 and directed to execute on behalf of said City an agreement with Royal Deyon,
8 Jr., Jo Ann Eugenia Deyon, Andrew C. Funderburk and Leroy Duncan regarding the
9 demolition of commercial building located at 1008 North Mt. Vernon Avenue, San
10 Bernardino, Cal ifornia, a copy of which is attached hereto. marked "Exhibit A"
11 and incorporated herein by reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
13 ayor and Common Council of the City of San Bernardino at a ~/~
14 meeting thereof, held on the /941 day of -~=M1
15 1977, by the following vote, to wit:
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AYES:
Councilmen ..?h~",,~// .~.hb/7/_ ~/7-
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NAYS:
ABSENT:
The foregoing resolution is
,~~/~~ ~1~ . Y
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hereby approved this.. day of
, 1977.
pproved as to form:
FILED
SEPOl ( 1Jf7
L~ ~~ORTH, City Clerk
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A G R E E MEN T
(demolition of building)
THIS AGREEMENT is made and entered into this
/ . day of
,~j
, 19~. by and between the CITY OF SAN BERNARDINO,
S a municipal corporation, hereinafter called "City", and RQyal
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Deyon. Jr.. Jo Ann EUgenia Deyon. Andrew C. Funderburk. and
Leroy Duncan
called "Owner(s)".
, hereinafter
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WIT 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 1008 North Mt. Vernon Avenue
Street, in the
City of San Bernardino, County of San Bernardino, State of
California and described as follows:
Lots 4, 5, 6 and 7, Block 2, Tract 1705, Frank C. Platt's Mount 'Vernon
Subdivision, No.1, in the City of San Bernardino, County of San Bernardino,
State of California, as per plat recorded in Book 25 of Maps, page 28, records
of said County. .
18 and;
19 WHEREAS, title to said property is vested in Owner(s) as
20 follows : Roval Devon. Jr.. and Jo Ann Eugenia Deyon, husband and wife,
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Andrew C. Funderburk. a widower, and Leroy Duncan. a married man
; 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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Owner(s) desires to permit City to destroy and demolish said
building(s) upon the terms and conditions as set forth and said
buildin~(s) is a blight upon the designated impact area and is
leligible for the expenditure of Community Development Grant funds
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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
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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:
Title' Insurance and Trust Company, a California corporation an undivided
ls interest and Irene L Holtdnrf, a winnw, an IInrlivirle<l ~ interest
NOW, THEREFORE, in consideration of the mutual promises,
provisions, agreements and legal detriments herein contained, it
is agreed as follows:
I, 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 structure(s) upon that real property hereinabove described and
2 shall obtain a contractor, any necessary liability bonds naming
3 Owner(s) as an additional insured and all permits necessary to
4 Idemolish the said structure(s). City shall supervise and cause
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the demolition of the building(s) and structure(s) upon said real
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property and shall cause all holes and foot trenches, if any, to
Ibe filled and shall cause the property to be placed in a condition
Iso th~t it will drain to the natural fall of the surrounding . ..
;terraln. .
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3. No costs shall be assessed against Owner(s) personally
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12 curred in connection with the demolition of the building.
4. Owner(s) hereby agrees to the demolition of the build-
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ing(s) and structure(s) upon the real property, and does hereby
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release the City, its elective and appointive boards, co~missions,
officers, agents and employees from any and all claims for
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damages as a result of said demolition of said building(s) and
does, upon completion of the demolition, agree to execute a
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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)
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of the property with his title as vested in the Second Whereas
clause and that the said property is unencumbered except with the
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liens and encumbrances as set forth in the Seventh Whereas clause,
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and Owner(s) agrees that he shall not sell, encumber, transfer or
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otherwise dispose of said real property or any interest therein
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involved hereunder until such time as the building(s) is
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demolished as provided for herein unless the transferree of the
1 property or any interest therein agrees to be fully bou~d 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;
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City Clerk
City Hall
300 North "D" Street
San Bernardino, CA 92418
Reverend Royal Deyon, Jr.
Antioch Baptist Church
1457 Mt. Vernon Avenue
San Bernardino, California 92411
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7. Time is of the essence with respect to the provisions
16 of this ~greement.
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8. This agreement shall be binding on and inure to the
18 benefit of the heirs, executors, administrators I 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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itle Insurance and Trust Co,
s Trustee, under the Will of
P::."l l-T f..t'n'+-rln-rof, <19~e.iwd
and Irene L. Holtdorf
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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
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-
ment and consents to City's demolition of said building(s).
Dated:
Title .Insurance and Trust Company
as Trustee, the f
Paul H. tdorf
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