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RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
AN AGREEMENT WITH THOMAS GRONEWALD REGARDING THE DEMOLITION OF BUILDINGS
3 LOCATED AT 1231 NORTH MT. VERNON AVENUE. 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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6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
7 and directed to execute on behalf of said City an agreement with Thomas
8 Gronewa1d regarding the demolition of buildings located at 1231 North
9 Mt. Vernon Avenue. San Bernardino. California, a copy of which is attached
10 hereto. marked Exhibit "A" and incorporated herein by reference as fully as
11 though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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13 Mayor and Common Council of the City of San Bernardino at a
meeti ng thereof. held on the ,,:;;~ day of
, 1976.
15 by the following vote, to wit:
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AYES:
Counci 1men
NAYS:
ABSENT:
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13& day of
. 1976.
resolution is hereby approved this
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LUCILLE GOFORTH.. City Cler!(
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A G R E E MEN T
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(demolition of 1231 N. Mt. Vernon)
THIS AGREEMENT is made and entered into this ,;1'RIi- day of
~ ' 1976, by and between the CITY OF SAN BERNARDINO, a
mun cipal corporation, hereinafter called "City", and THOMAS GRONEWALD, 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
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 13, Block A of W. H. Rogers, Subdivision Book 19 of
Maps, Page 70, 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 isa 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;
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 demol ition 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
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1 il contractor, any necessary liability bonds naming Owner as an additional
2 insured, and all permits necessary to demolish the said structure, City
3 will supervise and cause the demolition of the building and structure upon
4 the said real property, including the building and foundation thereof and
5 underground storage tanks to be removed, and to cause all holes and footing
6 trenches to be filled and the property placed in a condition so that it will
7 drain to a natural fall of surrounding terrain.
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3. No costs shall be assessed against Owner personally or against
9 the property involved for any costs or expenses incurred in connection with
10 the demolition of the building.
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4. Owner hereby agrees to the demolition of the building and
12 structure upon the real property, and does hereby release the City, its
13 elective and appointive boards, commissions, officers, agents and employees
14 from any and all claims for damages as a result of said demolition of said
15 building and does upon completion of the demolition agree to execute a
16 general release releasing City from any and all claims in connection with the
17 abatement.
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5. Owner warrants and represents to City that he is the sole owner
19 in fee simple of the property, that said property is unencumbered, and that.
20 he agrees that he shall not sell, encumber, transfer or otherwise dispose of
21 the real proerty or any interest herein involved hereunder until such time
22 as the building is demol ished as set forth herein unless the transferee of
23 the property agrees to be fully bound by the provisions of this agreement.
24 Owner hereby agrees to hold the City, its elective and appointive boards,
25 commissions, officers, agents and employees harmless from any and all claims
26 for damages by any person, firm or corporation having any interest in the
27 property should such person, firm or corportion claim damages as a result
28 of City's demolition of the building pursuant to the provisions of this
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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 "0" Street
San Bernardino, CA 92418
Mr. Thomas Gronewald
3240 N. Leroy
San Bernardino, CA 92404
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 have hereto executed this agreement
on the date first hereinabove written.
ATTEST:
CITY OF SAN BERNARDINO
OWNER
By
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to form:
Thomas Gronewald
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