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RESOLUTION NO. /.:l;;z. Y:J-;
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CRISPO LAGUNA REGARDING THE
DEMOLITION OF BUILDINGS LOCATED AT 701-707 NORTH MT. VERNON
AVENUE, SAN BERNARDINO, CALIFORNIA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City an agreement with Crispo Laguna regarding the demolition
of buildings located at 701-707 North Mt. Vernon 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 Mayor and Common Council of the City of San
ing vote, to wit:
Bernardino at a
held on the ~~~day 0
meeting thereof,
, 1976, by the follow-
AYES:
Councilmen d
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NAYS:
ABSENT:
The
is hereby approved this Pd
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day of
San Bernardino
FILED
JArJ 8 1976
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A G R E E MEN T
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(demolition of 701-707 North Mt. Vernon Avenue)
THIS AGREEMENT is made and entered into this 2/'-;/'/ day of
4 1976, by and between the CITY OF SAN BERNARDINO,
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5 rporation, hereinafter called "City", and CRISPO
6 LAGUNA, a single ma,n, hereinafter called "Owner".
7 WIT N E SSE T H:
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8 WHEREAS, Owner is the sole owner of a certain lot and
9 parcel of real property together with buildings situated thereon
10 at 701-707 North Mt. Vernon Avenue, in the City of San Bernardino,
11 County of San Bernardino, State of California; and
12 WHEREAS , "s'ihd property is described as all that real pro-
13 perty in the City of San Bernardino, County of San Bernardino,
14 State of California, described as follows:
15 The south 45.57 feet west 140 feet of Lot
9, Block 18, Rancho San Bernardino, Book
16 70f Maps, Page 2, records of San Bernardino
County;
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18 and
19 WHEREAS, Owner owns said property as his sole and separate
20 property; and
21 WHEREAS, said premises are vacant and unoccupied; and
22 WHEREAS, City alleges that said building is a blight upon
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the area which is an impact area designated by the City's
Community Development Department and City further alleges that
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said building is in a hazardous and dangerous condition; and
26 WHEREAS, City alleges that said building is a public
27 nuisance and should be abated; and
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WHEREAS, Owner does not agree that said building is a
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public nuisance and that complete abatement is necessary in order
to eliminate the alleged public nuisance. Further, Owner does not
have available funds with which to abate the public nuisance by
repair, improvements or other work or method; and
WHEREAS, City desires to abate said public nuisance and
Owner, without admitting said building is a public nuisance,
nevertheless agrees to permit City to abate said building by
destruction and demolition upon the terms and conditions herein-
after set forth; and
WHEREAS, said building is a blight upon the designated
impaet area and eligible for expenditure of Community Development
Grant funds; and
WHEREAS, the parties hereto do by this agreement desire to
resolve all issues and settle all matters between themselves; and
WHEREAS, City does have at its disposal certain Federal
Community Development funds which have been provided for the
demolition of buildings; and
WHEREAS, City is agreeable to demolishing and removing said
buildings from the real property involved without any cost to
Owner and without the said costs being a charge or lien upon the
real property involved if Owner agrees to the said proposed
demolition pursuant to the provisions of this agreement,
NOW, THEREFORE, in consideration of the mutual promises,
provisions, detriments and conditions herein contained, it is
agreed as follows:
1. City will use available Federal Community Development
funds for the purpose of demolishing the building and structure
upon that real property hereinabove described and for the removal
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1 of underground storage tanks at said location as an emergency
2 project. City shall file all required Environmental Impact
3 statements, make all required publications, conduct all required
4 hearings and perform other ministerial functions required to
5 obtain approval for the demolition project and to receive the
6 federal funds.
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2. Upon the availability of th~ Federal funds, City shall
8 obtain a contractor, any necessary liability bonds naming Owner
9 as an additional insured, and all permits necessary to demolish
10 the said structure. City will supervise and cause the demolition
11 of the building and structure upon the said real property, in-
12 eluding the building and foundation thereof and underground
13 storage tanks to be removed, and to cause all holes and footing
14 trenches to be filled and the property placed in a condition so
15 that it will drain to a natural fall of surrounding terrain.
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3. No costs shall be assessed against Owner personally
17 or against the property involved for any costs or expenses in-
18 curred in connection with the demolition of the building.
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4. Owner hereby agrees to the demolition of the building
20 and structure upon the real property, and does hereby release the
21 City, its elective and appointive boards, commissions, officers,
22 agents and employees from any and all claims for damages as a
23 result of said demolition of said building and does upon completio
24 of the demolition agree to execute a general release releasing
25 City from any and all claims in connection with the abatement.
5. Owner warrants and represents to City that he is the
27 sole owner in fee simple of the property, that said property is
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28 unencumbered, and that he agrees that he shall not sell, encumber,
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1 transfer or otherwise dispose of the real property or any interest
2 therein involved hereunder until such time as the building is
3 demolished as set forth herein unless the transferee of the pro-
4 perty agrees to be fully bound by the provisions of this agree-
5 ment. Owner hereby agrees to hold the City, its elective and
6 appointive boards, commissions, officers, agents and employees
7 harmless from any and all claims for damages by any person, firm
8 or corporation having any interest in the property should such
9 person, firm or corporation claim damages as a result of City's
10 demolition of the building pursuant to the provisions of this
11 agreement.
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6. All notices herein required shall be in writing, and
13 delivered in person or sent by certified mail, postage prepaid,
14 as follows:
16
City Clerk
City Hall
300 North "D" street
San Bernardino, CA 92418
Mr. Crispo Laguna
677 East Holly Street
Rialto, CA 92376
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7. Time is of the essence with respect to the provisions
19 of this agreement.
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8. This agreement shall be binding on and inure to the
21 benefit of the heirs, executors, administrators, successors, and
22 assigns of the parties hereto.
23 IN WITNESS WHEREOF the parties have hereto executed this
24 agreement on the date first hereinabove written.
ATTEST:
L
Mayor
V
25 CITY OF SAN BERNARDINO
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By
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as to form: ..
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