HomeMy WebLinkAbout12457
10
11
12
13
14
15
I
I
,
I
1
RESOLUTION NO. /,.;( ~.s-7
.
2
3
4
5
6
7
8
9
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LUCY SANDOVAL REGARDING THE
DEMOLITION OF GARAGE LOCATED AT 1206 WEST 6th 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 Lucy Sandoval
regarding the demolition of garage located at 1206 West 6th 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 Bernardino at a
meeting thereof, held on the ~ ~ day of
1976,
16 by the following vote, to wit:
17
18
19
20
21
22
23
24
25
26
27
28
AYES:
Councilmen
NAYS:
~,~
~
ABSENT:
~,,~;J, .~
---- '/ City Clerk f
Tho "'.go"", M",lutinn is ,",Mby "",ro..dtW, .<3"; d.y of - -
(l, //?'f t? ~ , 1976.
(/
APh to form:
( ~~/~
City Arney
';;1'; 'I.: 1'"'7-0'
\.IV 1 {.J'~ ~.
lllClLLE GOFORTH, City Clerk
or _~.~ik~/~pu1'(
II
Ii
II
1 Ii
2 I
i
I
3 I
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
i'
A G R E E"M E N T
---------
(demolition of 1206 West 6th Street)
/'it/ day of
THIS AGREEMENT is made and entered into this
~~ " ' 1976, by and between the CITY OF SAN BERNARDINO, a
mu lClpa corporatlon, hereinafter called "City", and LUCY SANDOVAL, a
single woman, hereinafter called "Owner".
WIT N E SSE T H:
----------
WHEREAS, Owner is the sole owner of a certain lot and parcel of
real property together with buildings situated thereon at 1206 West
6th 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:
South 90' Lot 26, Block 3, Garner Subdivision Book 3
of Maps, Page 77, 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 publ ic
nuisance and that complete abatement is necessary in order to eliminate the
alleged public nuisance.
Further, Owner does not have available funds with
"I
EXHIBIT "A"
14
15
16
17
18
19
W
21
1
II
~ .
II
~
, which to abate the public nuisance by repair, improvements, or other work or
2
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
3
4
5
6
7
8
9
10
11
12
13
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
22 the purpose of demolishing the building and structure upon that real property
23 hereinabove described and for the removal of underground storage tanks at
24 said location as an emergency project. City shall file all required
25 Environmental Impact Statements, make all required publications, conduct all
26 required hearings and perform other ministerial functions required to
27 obtain approval for the demolition project and to receive the federal funds.
28
2. Upon the availability of the Federal funds, City shall obtain a
-2-
f
0,
j'
i
1 i
,
I
2
3
4
5
6
7
8
9
10
11
12
0
14
15
16
17
18
19
20
21
22
23
~
~
26
27
28
I .
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
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 proerty or any interest herein 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 corportion claim damages as a result
of City's demolition of the building pursuant to the provisions of this
-3-
. 1 ag reemen t.
2
6. All notices herein required shall be in writing, and delivered
3 in person or sent by certified mail, postage prepaid, as follows:
4
5
6
7
City Clerk
City Hall
300 North "0" Street
San Bernardino, CA 92418
Ms. Lucy Sandoval
1206 West 6th Street
San Bernardino, California
7. Time is of the essence with respect to the provisions of this
8 agreement.
9
8. This agreement shall be binding on and inure to the benefit of
10 the heirs, executors, administrators, successors, and assigns of the parties
11 hereto.
12 IN WITNESS WHEREOF the parties have hereto executed this agreement
13 on the date first hereinabove written.
14 CITY OF SAN BERNARDINO
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTEST:
OWNER
By i~/ Ja~~
Lucy Sandoval
FILED
,i:J L 1 :I::l/o
LUCILLE GOFORTH, CitY. Cler!(
e'l'....~.._.~
.-......,..HPUTt
-4-