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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH AMANDA POLL IAN REGARDING THE DEMOLITION OF BUILDINGS
3 LOCATED AT 1032 WEST BASELINE STREET, SAN BERNARDINO, CALIFORNIA.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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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
Amanda Pullian regarding the demolition of buildings located at 1032 W.
Baseline Street, San Bernardino, California, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference as fully as
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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 Bernardino at a~~~/P!~
meeting thereof, held on the ,~~day of ~,
1976, by the following vote, to wit:
AYES: Councilme~ ..(~ .~~..~~
,Ak/..../A~:,0. ~ ~~
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NAYS:
ABSENT:
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The foregoing resolution
~r ' 1976.
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Appro~;g:_
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FILED
MAt' i ~ 1976
lUCILLE GOFORTH. CitY. CId
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A G R E E MEN T
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(demolition of 1032 West Baseline Street)
THIS AGREEMENT is made and entered into this //:tL day of
~~. , 1976, by and between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter called "City", and AMANDA PULLIAN, a
single woman, hereinafter called "Owner".
WIT N E SSE T H:
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WHEREAS, Owner is the sole owner of a certain lot and parcel of
real property together with buildings situated thereon at 1032 West
Baseline Street, in the City of San Bernardino, County of San Bernardino,
State of California; and
WHEREAS, said property is described as all that real property in
the City of San Bernardino, County of San Bernardino, State of California,
described as follows:
Lot 3, Eastwood Subdivision Book 21 of Maps,
Page 62, records of San Bernardino County;
and
WHEREAS, Owner owns said property as his sole and separate property;
and
WHEREAS, said premises are vacant and unoccupied; and
WHEREAS, City alleges that said building is a blight upon the area
which is an impact area designated by the City's Community Development
Department and City further alleges that said building is in a hazardous and
dangerous condition; and
WHEREAS, City alleges that said building is a public nuisance and
should be abated; and
WHEREAS, Owner does not agree that said building is a public
nuisance and that complete abatement is necessary in order to eliminate the
alleged public nuisance. Further, Owner does not have available funds with
EXHIBIT "A"
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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 hereinafter set forth; and
WHEREAS, said building is a blight upon the designated impact 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; an
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 of underground storage tanks at
said location as an emergency project. 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 project and to receive the federal funds.
2. Upon the availability of the Federal funds, City shall obtain a
contractor, any necessary liability bonds naming Owner as an additional
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insured, and all permits necessary to demolish the said structure. City
will supervise and cause the demolition of the building and structure upon
the said real property, including the building and foundation thereof and
underground storage tanks to be removed, and to cause all holes and footing
trenches to be filled and the property placed in a condition so that it will
drain to a natural fall of surrounding terrain.
3. No costs shall be assessed against Owner personally or against
the property involved for any costs or expenses incurred in connection with
the demolition of the building.
4. Owner hereby agrees to the demolition of the building and
structure 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 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 warrants and represents to City that he is the sole owner
in fee simple of the property, that said property is unencumbered, and that
he agrees that he shall not sell, encumber, transfer or otherwise dispose of
the real property or any interest therein involved hereunder until such time
as the building is demolished as set forth herein unless the transferee of
the property agrees to be fully-bound by the provisions of this agreement.
Owner 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 pursuant to the provisions of this
agreement.
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1 6. All notices herein required shall be in writing, and delivered
2 in person or sent by certified mail, postage prepaid, as follows:
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Ci ty Cl erk
City Hall
300 North "0" Street
San Bernardino, CA 92418
Ms. Amanda Pullian
1231 North "K" Street
San Bernardino, CA 92405
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6 7. Time is of the essence with respect to the provisions of this
7 agreement.
8 8. This agreement shall be binding on and inure to the benefit of
9 the heirs, executors, administrators, successors, and assigns of the parties
10 hereto.
11 IN WITNESS WHEREOF the parties have hereto executed this agreement
12 on the date first hereinabove written.
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ATTEST:
CITY OF SAN BERNARDINO ~?
"By~4j~: p/
~~~
OWNER
By . HA-rldl?1t; ~.~
an a u an
Approved as to form:
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