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HomeMy WebLinkAbout12780 4 S 6 7 8 9 10 11 12 13 14 15 16 1 RESOLUTION NO. /;17Y/) 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ALVA L. STRAUSS AND GARY B. STRAUSS AND GENEVIEVE GROSS AND 3 DALE P. GROSS REGARDING THE DEMOLITION OF COMMERCIAL STRUCTURE LOCATED AT 2225 SOUTH WATERMAN AVENUE, SAN BERNARDINO, CALIFORNIA 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 Alva L. Strauss and Gary B. Strauss and Genevieve Gross and Dale P. Gross regarding the demolition of commercial building located at 2225 South Waterman Avenue, 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 17 18 Mayor and Common Council of the City of San Bernardi no at a",/ 6'"/A.U'." L ~ereof, held on the ~~ day of ~Af;1- ' 1977, by the following vote, to wit: AYES: counci1men7j)L{t/~ ;:f:;'~d/ dk/#) "/1" ~ / ;4h-~w ,-71 a:.,.kA/ / NAYS: ~~ ABSENT: -c:fA/.n/J,j:"M/-C::--T*-'/) ~aH~ /' / If -----, ~ ---7) /.H .//h/ Clty er The foregoing resolution is hereby approved this /~ day of 19 20 21 22 23 24 , 1977. //U r 25 26 LU~LE GOFORTH, Ci\yClerlt II ,,0.i!2:!:t..-C?7~~ 27 28 , . 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 A G R E E MEN T (demolition of building) I THIS AGREEMENT is made and entered into this I&. day of I ~~ ' 19~, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and Alva L. Strauss and Garv B. Strauss and Genevieve Gross and. Dale P. Gross , 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 2225 South Watennan Avenue Street, in the City of San Be~nardino, County of San Bernardino, State of California and described as follows: All that portion of Lot 9, Block 75, RANCHO SAN BERNARDINO, in the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 2 records of said County, described as. follows: Commencing at the intersection of the East line of Watennan Avenue with the North Line of the right of way of the Southern Pacific Railroad Company, as said right of way crosses said lot; thence North along the said East line of said Watennan Avenue, 772.79 feet; thence North 890 47' East, 976.33 feet to a point; thence due South 948.63 feet to a point in the North Line of said right of way of said Southern Pacific Railroad Company; thence Northwesterly along the said North line of said right of way to ~~int of beginning. WHEREAS, title to said property is vested in Owner(s) as follows: Alva L. Strauss and Gary B. Strauss,husband and wife as joint tenants, as to an undivided one-half interest, and Genevieve Gross and Dale P. Gross, husband and wife as joint tenants, as to an undivided one-half ; and interest 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 ~ ~ . , 1 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 WHEREAS, Owner(s) represents and warrants to City that there are no liens or encumbrances upon said property except as follows: NOW, THEREFORE, in consideration of the mutual promises, 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 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 I . 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 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, commissions, 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 tQat 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 , 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 '11 . " 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 liD" Street San Bernardino, CA 92418 Alva l. and Gary B. Strauss Genevieve Gross and Dale P. Gross 2225 South Waterman Avenue 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: By"