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HomeMy WebLinkAbout13020 ~ ...--.... <I 1 RESOLUTION NO. /...3.~ 2 I) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LUPE PROVENCIO REGARDING THE DEMOLITION OF RESIDENTIAL BUILDING LOCATED AT 1197 WEST SEVENTH STREET, SAN BERNARDINO, CALIFORNIA BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 2 3 4 5 6 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 Lup~ Provencio regarding the demolition of residential building located at 1197 West Seventh 7 8 9 10 Street, San Bernardino, California, a copy of which is attached hereto, marked Exhibit HAil and incorporated herein by reference as fully as though 11 set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the ~1ayor and Common Council of the City of San Bernardino at a_~A..u meeti ng thereof, held on the ~ day of ~~~~ ,1977, by the followin~.)ot~, ,,0 wit: AYES: cound!.'en, < ; . {, 12 13 14 15 16 17 18 19 NAYS: ABSENT: 20 ~ ~~. ...7 . (::-? -1C/ t: {:(1;"c er } , ~bf fore90in9 resolution is hereby approved this ~ - -'-da~-of ,~_...) I. . J~ ;'-~'Y .. , 1977. , .. 21 22 23 24 25 NOV 1 01917 ~~~~: ....... . 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 -yO ,.0 A G R E E MEN T (demolition of building) THIS AGREEMENT is made and entered into this day of , 19___, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and Lupe Provencio , hereinafter called "Owner(s)". WIT N E SSE T H: WHEREAS, Owner(s) is the Owner(s) of a certain lot or parcel of real property together with a building(s) situated thereon at 1197 ~Iest Seventh Street, in the City of San Bernardino, County of San Bernardino, State of California and described as follows: Lot Thirteen (13), Block One (1) Garner Subdivision, in the City of San !Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 8716 of Maps, page 541, records of said County. and; WHEREAS, title to said property is vested in Owner(s) as follows: Luoe Provencio. a sinqle woman ; and WHEREAS, said building(s) upon said premises is vacant and unoccupied; and WHEREAS, said building(s) is a blight upon the area which is an impact area designated by the City's Community Development Department and said building(s) is in a hazardous and dangerous condition and should be abated; and WHEREAS, City desires to demolish said building(s) and ~ l I 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 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 8 without any cost to Owner(s) and without the said costs being a 9 charge or lien upon the real property involved if Owner(s) agrees 10 to said demolition pursuant to the provisions of this agreement; 11 and 12 WHEREAS, Owner(s) represents and warrants to City that 13 Ithere are follows: I I None no liens or encumbrances upon said property except as 14 15 16 17 18 NOW, THEREFORE, in consideration of the mutual promises, 19 provisions, agreements and legal detriments herein contained, it 20 is agreed as follows: 21 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. 27 2. When said funds are available, City shall use said 28 funds for the purpose of demolishing the building(s) and .I 1. " 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 demolish the said structure(s). City shall supervise and cause 5 the demolition of the building(s) and structure(s) upon said real 6 property and shall cause all holes and foot trenches, if any, to 7 be filled and shall cause the property to be placed in a condition 8 so that it will drain to the natural fall of the surrounding 9 terrain. 10 3. No costs shall be assessed against Owner(s) personally 11 or against the property involved for any costs or expenses in- 12 curred in connection with the demolition of the building. 4. Owner(s) hereby agrees to the demolition of the build- 13 14 15 ing(s) and structure(s) upon the real property, and does hereby release the City, its elective and appointive boards, cOfPmissions, 16 officers, agents and employees from any and all claims for 17 18 damages as a result of said demolition of said building(s) and does, upon completion of the demolition, agree to execute a 19 general release releasing City from any and all claims in 20 21 connection with the abatement. 5. Owner(s) warrants and represents that he is the Owner(s) 22 23 of the property with his title as vested in the Second Whereas clause and that the said property is unencumbered except with the 24 liens and encumbrances as set forth in the Seventh Whereas clause, 25 and Owner(s) agrees that he shall not sell, encumber, transfer or 26 otherwise dispose of said real property or any interest therein 27 involved hereunder until such time as the building(s) is 28 demolished as provided for herein unless the transferree of the ,. ~ {I .4' ; j -' 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 ~ 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 any 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 City Hall 300 North "D" Street San Bernardino, CA 92418 Lupe Provencio 1197 West 7th 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: A ,,~ City Clerk