HomeMy WebLinkAbout1980-056 l"
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I RESOLUTION NO. � ✓ —,�'
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
THREE AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES
3 LOCATED AT 2524 Berkeley, owned by Inez R. Cecil ; 961 Norman Street, owned by
Louis W. Brooks and Shirley M. Brooks; and 1755 West Baseline, owned by
4 Antonie H. Balders and Marlyn W. Smith; ALL OF SAID BUILDINGS OR STRUCTURES
BEING LOCATED IN THE CITY OF SAN BERNARDINO.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of said City, agreements for demolition of
9 certain buildings as follows:
10 (a) At 2524 Berkeley, owned by Inez R. Cecil ;
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11 I (b) 961 Norman Street, owned by Louis h,. and Shirley M. Brooks ;
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12 (c) 1755 West Baseline, owned by Antonie H. Balders and Marlyn W. Smith;
13 Said agreements are attached hereto, respectively marked Exhibits
14 A, B, and C, and incorporated herein by reference as though fully set forth
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15 and at length.
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16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
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17 Mayor and Common Council of the City of San Bernardino at a,,,x
18 f�/ - �J meeting thereof, held on the
19 day of 1980, by the following vote, to wit:
20 AYES: COUNCILMEN `/
21
22 NAYS:
23 ABSENT: _ 1
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25
C ty Clerk
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I The foregoing resolution is hereby approved this
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2 day of , 'J4 1980.
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4
ayor t C y o S an 9—er—AwfTri no
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6 Approved as to form:
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8
ity Atttrney
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1 A G R E E M E N T
2 (demolition of building)
3 THIS AGREEMENT is made and entered into this day. of
4 194-0 , by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, hereinafter called "City" , and
6 Antonie H. Balders and Marlyn W._ Smith _ hereinafter
7 called "Owner(s)" .
8 W I T N E S S IT H:
9 WHEREAS , Owner(s) is the Owner(s) of a certain lot or
10 ( parcel of real property together with a building(s) situated
11 thereon at 1755 West Baseline _ --Street , in the
12 City of San Bernardino , County of San Bernardino , State of
13 ( California and described as follows :
14 1IR S B PTN Lots 11 , 12, 19, and 20 Blk 21 com NW Cor E 2 SD Lot 19 TH S 946.58
l ji
Ft. to Pt 990.52 Ft N of S Li Lot 12 Th S 87 Deg 31 Min E 520.57 Ft to E Li r
16 SD Lot 11 TH N Alg E Li SD Lots 11 and 20 818.24 Ft to Pt 150 Ft S of NE Cor
SD Lot 20 TH W 359 Ft M/L (Also Known as Parcel Number 139-021 -23)
17 f
18 and ; I
19 WHEREAS, title to said property is vested in Owner(s) as I
follows : West Side Dairy No. 2 , a co-partnership consisting of I
21 Antonie H. Balders and Marlyn W. Smith and
22 j"+EEPEAS , said building(s) upon said premises is vacant and
23 unoccupied ; and
a
?4 �hFiERI;AS , said building(s ) is a blight upon the area which
25 is an impact area designated by the City ' s Community Development
26 Department and said building(s) is in a. hazardous and dangerous
27 condition and should be abated ; and
28 WHEREAS, City desires to demolish said building(s) and
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I Owner(s) desires to permit City to destroy and demolish said
2 building(s) upon the terms and conditions as set forth and said
3 building(s) is a blight upon the designated impact area and is
4 eligible for the expenditure of Community Development Grant funds
5 for said demolition ; and
6 IMEREAS, City is agreeable to demolishing and removing
7 said building(s) from the real property hereinabove described
8 without any cost to Owner(s) and without the said costs being a
g charge or lien upon the real property involved if Owner's) agrees
10 to said demolition pursuant to the provisions of this agreement ;
11 and
12 WHEREAS , Owner(s) represents and warrants to City that
13 there are no liens or encumbrances upon said property except as
14 I follows :
None —— - ---------- __ —
16
17 --- --— - -- -- ,
18 NOW, THEREFORE , in consideration of the mutual promises ,
19 provisions , agreements and legal detriments herein contained, it
20 is agreed as follows :
21 1 . City shall file all required environmental impact
22 statements , male all required publications , conduct all required
23 hearings , and perform other ministerial functions required to
24 obtain approval for -the demolition of the building(s) upon
25 Owner 's(s ' ) real property and to receive or be able to use Federal
26 Community Development funds therefor .
27 I 2 . IVhen said funds are available , City shall use said
28 funds for the purpose of demolishing the building(s) and
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1 structure(s) upon that real property here.inabove described and
2 shall obtain a contractor , any necessary liability bonds naming
3 Owner(s) as an additional insured and all. permits necessary to
4 demolish the said structure(s) . City shall supervise and cause
5 the demolition of the building(s) and structure(s) upon said real
6 property and shall cause all holes and foot trenches , if any , to
7 be filled and shall cause the property to be placed in a condition
8 so that it will drain to the natural fall of the surrounding
9 ( terrain .
10 3 . No costs shall be assessed against Owner(s) personally
11 or against the property involved for any costs or expenses in-
12 curred in connection with the demolition of the building .
13 4 . Owner(s) hereby agrees to the demolition of the build-
1 , ing(s) and structure(s) upon the real property , and does hereby
Irelease the City , its elective and appointive boards , commissions ,
16 officers , agents and employees from any and all claims for
17 damages as a result of said demolition of said building(s) and
18 does , upon completion of the demolition, agree to execute a
19 general release releasing City from any and all claims in
20 connection with the abatement .
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21 5 . Owner(s) warrants and represents that he is the Owner( -, ) �
22 iiof the property with his title as vested in the Second Whereas
23 clause and that the said property is unencumbered except with the
24 ! liens and encumbrances as set forth in the Seventh Vhereas clause,
25 and Owner(s) agrees that he shall not sell , encumber , transfer. or
26 otherwise dispose of said real property or any interest therein
27 involved hereunder until such time as the building(s) is
28 demolished as provided for herein unless the transferree of the
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1 property or any interest therein agrees to be fully bound by the
2 provisions of this agreement . Owner(s) hereby agrees to hold the
3 ' City , its elective and appointive boards , commissions , officers ,
4 agents and employees harmless from any and a11_ claims for damages
, a g
5 by any person, firm or corporation having any interest in the
6 property should such person, firm or corporation claim damages as
7 a result of City ' s demolition of the building(s) pursuant to the
8 provisions of this agreement .
9 6 . All notices herein required shall be in writing, and
10 delivered in person or sent by certified mail , postage prepaid ,
11 a.s follows :
12 City Clerk Antonie H. Balders and Marlyn W. Smith
` City Hall
13 300 North "D" Street
San Bernardino, CA 92418
14
15 �� 7 . Time is of the essence with respect to the provisions
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16 of this agreement .
17 S . This agreement shall be binding on and inure to the
18 benefit of the heirs, executors , administrators , successors , and
19 assigns of the parties hereto .
20 IN WITNESS WHEREOF, the parties hereto have executed this
21 agreement on the date first hereinabove written .
22 ATTEST : CITY OF SAN BER,NA ,
23 -
- RT yor
24 City Clerk
25 "OTNM(S)
26 B
27 B �.
Approved as to form :
28
City At rney
1 A G R E E M E N T
2 (demolition of building )
3 THIS AGREEMENT is made and entered into this TA day of
4 _ 19, 0 , by and between the CITY OF SAN BER.NARDINO,
s
5 a municipal corporation, hereinafter called "City" , and
6 Louis W. and Shirley M. Brooks — _ hereinafter
7 called "Owner(s)" .
g I `V I T N E S S E T TT
9
WHEREAS , Owner(s) is the Owner(s) of a certain lot or
10 parcel of real property together with a building(s) situated
11 thereon at 961 Norman Street , in the
12 (+City of San Bernardino , County of San Bernardino , State of
!California and described as follows :
13 i
14 Lot 41 , Tract No. 2228, Valley Truck Farms No. 4, in the City of San Bernardino, )
15 i' County of San Bernardino, State of California, as per plat recorded in Book 31 I
16 of Maps, page 95, records of said County. (Except portion to flood control )
17
1g land ;
19 WTEREAS , title to said property is vested in Owner(., ) as
20 follows : Louis W. Brooks and Shirley-M. Brooks , husband and wife, as _
21 joint tenants _ ; and
22 IVEEREAS , said building(s) upon said premises is vacant and
23 unoccupied ; and
24 YlEEREAS , said building(s) is a blight upon the area which
25 is an impact area designated by the City ' s Community Development
26 Department and said building(s) is in a. hazardous and dangerous
27 condition and should be abated ; and
28 WHEREAS , City desires to demolish said building(s) and
1 Owner(s) desires to permit City to destroy and demolish said
2 building(s) upon the terms and conditions as set forth and said
3 building(s) is a blight upon the designated impact area and is
4 eligible for the expenditure of Community Development Grant funds
5 for said demolition ; and
6 WHEREAS , City is agreeable to demolishing and removing
7 said building(s) from the real property hereinabove described
g without any cost to Owner(s) and without the said costs being a
9 charge or lien upon the real property involved if Owner(s) agrees
10 to said demolition pursuant to the provisions of this agreement ;
11 and
12 WHEREAS , Owner(s) represents and warrants to City that
13 there are no liens or encumbrances upon said property except a<,
14 I fol lows :
16 T—_ -- -- —
17 __—_ ---- —.-- -- — —'
18 NOW, THEREFORE , in consideration of the mutual promises ,
19 provisions , agreements and legal detriments herein contained, it
20 is agreed as follows :
21 1 . City shall file all required environmental impact
22 statements, mare all required publications , conduct all required
23 hearings , and perform other ministerial functions required to
24 obtain approval for the demolition of the building( s) upon
25 Owner 's(s ' ) real property and to receive or be able to use Federal
26 Community Development funds therefor .
27 2 . When said funds are available , City shall use said
28 funds for the purpose of demolishing the building(s) and
1 structure(s) upon that .rea.l property hereinabove described and
2 shall obtain a contractor , any necessary liability bonds naming
3 Owner(s) as an additional insured and all permits necessary to
4 demolish the said structure(s) . City shall supervise and cause
5 the demolition of the building(s) and structure(s) upon said real.
6 property and shall cause all holes and foot trenches , if any , to
7 . be filled and shall cause the property to be placed in a condition
8 so that it will drain to the natural fall of the surrounding
9 terrain .
10 3 . No costs shall be assessed against Owner(s) personally
11 or against the property involved for any costs or expenses in-
12 curred in connection with the demolition of the building.
13 4 . Owner(s) hereby agrees to the demolition of the build-
1" 1ing(s) and structure(s) upon the real. property , and does hereby
; release the City , its elective and appointive boards , commissions , i
a
16 officers , agents and employees from any and all claims for
17 damages as a result of said demolition of said building(s) and
18 does , upon completion of the demolition , agree to execute a
19 general release releasing City from any and all claims in
20 connection with the abatement .
21 5 . Owner(s) warrants and represents that he is the Owner(s)
22 of the property with his title as vested in the Second Whereas
23 clause and that the said property is unencumbered except with the
24 liens and encumbrances as set forth in the Seventh V'hereas clause,
25 and Owner(s) agrees that he shall not sell , encumber, transfer or
26 otherwise dispose of said real property or any interest therein
27 involved hereunder until such time as the building(s) is
28 demolished as provided for herein unless the transferree of the
I iproperty or any interest therein agrees to be fully bound by the
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2 ! provisions of this agreement . Owner(s) hereby agrees to hold the
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3 ;City, its elective and appointive boards , commissions , officers ,
4 agents and employees harmless from any and all claims for damages
5 by any person, firm or corporation having any interest in the
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6 ! property should such person, firm or corporation claim damages as
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a result of City ' s demolition of the building(s) pursuant to the
g jprovisions of this agreement .
9 6 . All notices herein required shall be in writing, and
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19 idel ivered in person or sent by certified mail , postage prepaid ,
11 as follows :
1
12 City Clerk Louis W. and Shirley M. Brooks
` City Hall 961 Norman Road
13 ` 300 North "D" Street San Bernardino, California 92408
San Bernardino, CA 924-18
14
7 . Time is of the essence with respect to the provisions
16 of this agreement .
17 8 . This agreement shall be binding on and inure to the
18 benefit of the heirs , executors , administrators , successors , and
19 assigns of the parties hereto .
20 IN WITNESS Ik,'HEREOF, the parties hereto have executed this
21 agreement on the date first hereinabove written .
22 (ATTEST: CITY OF SAN ;1WNL0INO
23 1 a 100"'
City Clerk
25 "OL"NER(S)"
26 1 P aAQ4 W
27 By i
Approv,e�t�i, as to form:
28
Cit A orney
y
I .
1 A G R E E r" E N T
2 (demolition of building)
3 TEIS AGREEMENT is made and entered into this � clay of
4 1996 , by and between the CITY OF SAN BERNARDINO,
5 ! a municipal corporation , hereinafter called "City" , and
6 Inez R. Cecil hereinafter
7 ( called "Owner(s)" .
8 W I T ICI E S S E T H :
9 WHEREAS , Owner(s) is the Owner(s) of a certain lot or
10 parcel of real property together with a building(s) situated
11 I thereon at 2524 Berkeley --Street , in the
12 iCity of San Bernardino , County of San Bernardino , State of
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13 ('California and described as follows :
14 (' Lot 27, Bonita Gardens, as per plat recorded in book 23 of maps , page 75,
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A5 records of San Bernardino County
16 '
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18 and ;
19 I WHEREAS, title to said property is vested in Owner(s) as
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1follows
iand
22 WEEREAS , said building(s) upon said premises is vacant and
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23 'unoccupied ; and
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24 WHEREAS , said building(s) is a blight upon the area which
25 jis an impact area designated by the City ' s Community Development
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26 iDepartment and said building(s) is in a. hazardous and dangerous
27 condition and should be -bated ; and
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28 I WHEREAS , City desires to demolish said building(s) and
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Xh-'b A
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1 !Owner(s) desires to permit City to destroy and demolish said
2 1building(s) upon the terms and conditions as set forth and said
(
3 building(s) is a blight upon the designated impact area and is
4 eligible for the expenditure of Community Development Grant funds
S for said demolition ; and
5 WHEREAS, City is agreeable to demolishing and removing
7 said building(s) from the real property hereinabove described
8 without any cost to Owner(s) and without the said costs being a
9 �� charge or lien upon the real property involved if Owner(s) agrees
10 ` to said demolition pursuant to the provisions of this agreement ;
11 and
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12 II WHEREAS , Owner(s) represents and warrants to City that
13 there are no liens or encumbrances upon said property except as
14 I
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NONE
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15 — _�--_– -- ------ --
17 _ — ----- -- - —
18 NOV , THEREFORE, in consideration of the mutual promises ,
19 provisions, agreements and legal detriments herein contained , it
20 is agreed as follows :
21 1 . City shall file all required environmental impact
22 statements, make all required publications , conduct all required
23 hearings , and perform other ministerial. functions required to
24 obtain approval for the demolition of the building(s) upon
25 Owner 's(s ' ) real property and to receive or be able to use Federal
26 Community Development funds therefor .
27 2 . When said funds are available , City shall use said
28 funds for the purpose of demolishing- the building(s) and
1 structure(s) upon that real property hereinabove described and
i
2 ' shall obtain a contractor , any necessary liability bonds naming
3 Owner(s) as an additional insured and all permits necessary to
4 demolish the said structure(s) . City shall supervise and cause
5 the demolition of the building(s) and structure(s) upon said real
6 ` property and shall cause all holes and foot trenches , if any , to
7 be filled and shall cause the property to be placed in a condition
8 so that it will drain to the natural fall of the surrounding
9 terrain .
10 3 . No costs shall be assessed against Owner(s) personally
11 , or against the property involved for any costs or expenses in-
12 curred in connection with. the demolition of the building .
13 4 . Owner(s) hereby agrees to the demolition of the build-
14 ing(s) and structure(s) upon the real property, and does hereby
I
' release the City , its elective and appointive boards , commissions,
j
16 officers , agents and employees from any and all claims for
17 damages as a result of said demolition of said building(s) and
18 does , upon completion of the demolition , agree to execute a
19 general release releasing; City from any and all claims in
20 connection with the abatement .
i
21 5 . Owner(s) warrants and represents that he is the Owner(s) i
22 of the property with his title as vested in the Second Whereas
23 clause and that the said property is unencumbered except with the
24 liens and encumbrances as set forth in the Seventh Whereas clause,
25 and Owner(s) agrees that he shall not sell , encumber , transfer or
26 otherwise dispose of said real property or any interest therein
27 involved hereunder until_ such time as the building(s) is
28 demolished as provided for herein unless the transferree of the
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I !property or any interest therein agrees to be fully bound by the
2 ' provisions of this agreement . Owner(s) hereby agrees to hold the
3 iCity, its elective and appointive boards , commissions, officers ,
i
4 ! agents and employees harmless .from any and all claims for damages
5 by any person, firm or corporation having any interest in the
6 ; property should such person, firm or corporation claim dama ges as
7 ! a result -f City ' s demolition of the building(s) pursuant to the
8 ; provisions of this agreement .
9 I 6 . All notices herein required shall be in writing, and
10 delivered in person or sent by certified mail , postage prepaid ,
11 as follows :
12 I City Clerk Inez R. Cecil
I City Hall 2498 G Street
13 300 North "D" Street San Bernardino, California 92405
San Bernardino , CA 02418
14
i;p; U 7 . Time is of the essence with respect to the provisions
16 of this agreement .
17 8 . This agreement shall be binding on and inure to the
18 benefit of the heirs , executors , administrators , successors, and
19 assigns of the parties hereto .
20 IN WITNESS WHEREOF, the parties hereto have executed this
21 `agreement on the date first hereinabove written .
2z
agreement
CITY 0 SAIN E DI7
23
v
24 l i t y Clerk
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25 "OTNER(S)"
25 By t ��
27 By
Appro ed as to form: T
28 a G
ity At rney