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RESOLUTION NO.
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH HERMAN A. PAULK, JR. REGARDING THE DEMOLITION OF
3 BUILDINGS LOCATED AT 755-755~ W. 8TH 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
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authorized and directed to execute on behalf of said City an agreement with
Herman A. Paulk, Jr. regarding the demolition of buildings located at
755-755~ W. 8th Street, San Bernardino, California, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by reference as
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day of
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LUCILLE GOFORTH. Cill CIerI(
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A G R E E MEN T
(demolition of 755-755~ West 8th Street)
THIS AGREEMENT is made and entered into this ;t,l~ day of
~~' 1976, by and between the CITY OF SAN BERNARDINO, a
municipal corp ration, hereinafter called "City", and HERMAN A. PAULK, JR,
a single man, 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 755-75~ West 8th 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:
San Bernardino City, Subdivision, Block 55,
Lot 18, Book 7 of Maps, page 1, 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
EXHIBIT "A"
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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 ()omer, 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;
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.; 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
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contractor, any necessary liability bonds naming Owner as an additional
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 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.
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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 liD" Street
San Bernardino, CA 92418
Mr. Herman A. Paulk, Jr.
174 N. Rancho Avenue
San Bernardino, CA 92410
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 on
12 the date first hereinabove written.
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13 CITY OF SAN BERNARDINO
14 ATTEST:
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OWNER
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Herman A. Paulk, Jr. /,;l;{
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By-
Approved as to form:
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