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RESOLUTION NO. /~_2 A' /
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH W. C. SIEVERS AND ALICE G. SIEVERS
AND JOSEPH W. RAY AND MARGARET RAY REGARDING THE DEMOLITION OF
BUILDINGS LOCATED AT 943 WEST THIRD STREET, 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 W. C. Sievers and Alice G. Sievers, and
Joseph W. Ray and Margaret Ray regarding the demolition of
buildings located at 943 West Thira Street, 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
NAYS:
meeting thereof,
Bernardino at a
held on the c6-~ day of
, 1976, by the
following vote, to wit:
AYES:
Councilmen
ABSENT:
The foregoing resolution is hereby
n
/~~ ' 1976.
V (/
Appr~ as to form:
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approved this ~~
day of
San Bernard~no
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A G R E E MEN T
(demolition - 943 West Third Street)
THIS AGREEMENT is made and entered into this I~ day
of ~ ' 1976, by and between the CITY OF SAN
BERNA~NO, a municipal corporation, hereinafter called "City",
and W. C. SIEVERS and ALICE G. SIEVERS, husband and wife, and
JOSEPH W. RAY and MARGARET RAY, husband and wife, hereinafter
called "Owners".
WIT N E SSE T H:
WHEREAS, Owners are the sole owners of certain lots and
parcels of real property together with buildings situated thereon
at 943 West Third Street, San Bernardino, California; and
WHEREAS, title to said property is vested in said Owners
as follows: W. C. Sievers, a married man, and Joseph W. Ray, a
married man, as tenants in common; and
WHEREAS, said property is described as that real property
in the City of San Bernardino, County of San Bernardino, State
of California described as follows:
Lots 5 and 6, Block 1, Carter Subdivision, in
the City of San Bernardino, County of San
Bernardino, State of California, as per plat
recorded in Book 3 of Maps, Page 79, records of
said County. SAVING AND EXCEPTING therefrom the
15 feet on each side of the center of location of
California Central Railway;
and
WHEREAS, Owners own said property pursuant to the vesting
of title hereinabove set forth and there are no liens or encum-
brances upon said p~mperty; and
WHEREAS, the premises constructed on said lot and parcel
of real property are vacant and unoccupied; and
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~aid
WHEREAS, City alleges that the buildings situated upon
lots and parcels of real property are a blight upon the area
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and the aforesaid described real property is located and situated
in an impact area so designated by the City's Community Develop-
ment Department and City further alleges that the buildings are
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in a hazardous and dangerous condition; and
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WHEREAS, City alleges that said buildings are a public
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nuisance and should be abated; and
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WHEREAS, Owners do not agree that said buildings are a
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public nuisance and that complete abatement is necessary to
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eliminate the alleged public nuisance; and
WHEREAS, City desires to abate said public nuisance; and
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WHEREAS, Owners, without admitting said buildings are a
public nuisance, nevertheless agree to permit City to abate said
buildings by destruction and demolition upon the terms and con-
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ditions hereinafter set forth; and
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WHEREAS, said buildings are a blight upon the designated
impact area and eligible for expenditure of Community Development
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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 Community
Development funds which have been provided for the demolition of
buildings; and
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WHEREAS, City is agreeable to demolishing and removing said
buildings from the real property involved without any cost to
Owners and without the said costs being a charge or lien upon the
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real property involved if Owners agree to said proposed demolition
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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
Block grant funds for the purpose of demolishing the buildings
and structures upon that real property hereinabove described and
for site clearance including the clearance of the old foundation
and all cement work. City shall file all required Environmental
Impact Statements, make all required publications, conduct all
required hearings and perform other ministerial functions re-
quired to obtain approval for the demolition project and to
receive the federal funds. Therefore it is estimated for pur-
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1 poses of this agreement that the cost of the demolition and
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destruction of the buildings and clearance of the site will be
approximately seven thousand five hundred dollars ($7,500.00).
2. Upon the availability of federal funds, City shall
obtain a contractor, any necessary liability bonds naming Owners
as an additional insured, and all permits necessary to demolish
the said structures. City will supervise and cause the demo-
lition of the buildings and structures upon the said real
property, including the building and foundation thereof. As a
part of said demolition, City shall cause the clearance of the
old foundation and cement work and cause all holes and footing
trenches to be filled and the property placed in a condition that
it will drain to a natural fall of surrounding terrain.
3. No costs shall be assessed against Owners personally
or against the property involved for any costs or expenses
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incurred in connection with the demolition of the buildings.
4. OWners do hereby jointly and severally agree to the
demolition of the buildings and structures upon the real property,
and do 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
buildings and do upon completion of the demolition agree to
execute. a general release releasing City from any and all claims
in connection with the abatement.
5. OWners, jointly and severally, warrant and represent
to the City that they are the sole owners in fee simple of the
property, that said property is unencumbered and that they shall
not sell, encumber, transfer or otherwise dispose of the real
property or any interest therein involved hereunder until such
time as the buildings are demolished as set forth herein unless
the transferee of the property agrees to be fully bound by the
provisions of this agreement. OWners hereby agree to hold the
City, its elective and appointive boards, conunissions, 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 buildings 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:
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City Clerk
City Hall
300 North "D" Street
San Bernardino, CA 92418
--..
Mr. and Mrs. Joseph W. Ray
401 Feliz
Newport Beach, CA 92660
Mr. and Mrs. W. C. Sievers
8259 Bennet Avenue
Fontana, CA 92335
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7. Time is of the essence with respect to the provisions
ATTEST:
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8. This agreement shall be binding on and inure to the
8 benefit of the heirs, executors, administrators, successors, and
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6 of this agreement.
9 assigns of the parties hereto.
10 IN WITNESS WHEREOF the parties have hereto executed this
11 agreement on the date first hereinabove written.
CITY OF SAN BERNARDIN~
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OWNERS
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