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HomeMy WebLinkAbout1980-150 1 - RESOLUTION NO. ;0 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SEVEN AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR STRUCTURES 4 LOCATED AT 1050 AND 1052 WEST FIFTH, OWNED BY MIRIAM DE MARCO: AND 374 S. PENNSYLVANIA, OWNED BY HERBERT J. ARRASMITH, SR. AND MARGARET L. ARRASMITH: 5 AND 835 VICTORIA, OWNED BY GLORIA CUBITA MAGANA MARTINEZ; AND 179 E. FOURTH, OWNED BY ALLEN E. HANSfIN AND BEULAH B. HANSEN; AND 984 W. RIALTO AVENUE, 6 OWNED BY GENEVIEVE J.- ROOT; AND 1125-.W€-ST THIRD STREET, OWNED BY RUTH C. HELDT (DECEASED) , JACK A. E. CHANEY, EXECUTOR: AND 1923 MACY, OWNED BY 7 SEYMOUR LUSTMAN AND MOLLH,18TMAN; ALL"DF SAID BUILDINGS OR STRUCTURES BEING LOCATED IN THE CITY"OF SAN BERNARDINO. 8 1 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 9 1 BERNARDINO AS FOLLOWS: 10 SECTION 1 . The Mayor of the City of San Bernardino is hereby 11 authorized and directed to execute on behalf of said City, agreements for 12 demolition of certain buildings as follows: 13 (a) At 1050 & 1052 West Fifth, owned by Miriam DeMarco; 14 (b) 374 S. Pennsylvania, owned by Herbert J. and Margaret Arrasmith; 15 (c) 835 Victoria, owned by Gloria Cubita Magana Martinez; 16 (d) 179 E. Fourth Street, owned by Allen E. and Beulah B. Hansen; 17 (e) 984 West Rialto Avenue, owned by Genevieve J. Root; 18 (f) 1125 West Third Street, owned by Ruth C. Heldt (deceased) , Jack 19 A. E. Chaney, Executor; 20 (g) 1923 Macy, owned by Seymour and Mollie Lustman; 21 Said agreements are attached hereto, respectively marked Exhibits (a) 22 through (g) and incorporated herein by reference as though fully set forth 23 and at length. 24 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 25 Mayor and Common Council of the City of San Bernardino at a 26 meeting thereof, held on the 27 I day of dr," 1980, by the following vote, to wit: 28 11 1 AYES: COUNCILMEN �� a 2 � X 3 NAYS: , Y 4 ABSENT: � � 5 City Clerk 6 7 8 9 10 ' 11 The foregoing resolution is hereby approved this 12 day of 1980. 13 14 May r th City of San Bernardino 15 16 Approved as to form 17 18 19 r ty Att rney 20 21 22 23 24 25 26 �I 27 i 28 1 j I 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 19j by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter called "City" , and 6 Herbert J. and Margaret L. Arrasmith , hereinafter 7 called "Owner(s) 8 W I T N 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 thereon at 374 S. Pennsylvania Street, in the 12 City of San Bernardino, County of San Bernardino , State of 13 California and described as follows : 14 Attached Hereto and by this reference made a part thereof. 15 i 16 17 18 and; i9 WHEREAS, title to said property is vested in Owner(s) as 20 follows : Herbert J. Arrasmith, Sr. and Margaret L. Arrasmith, husband and 21 wife, as joint tenants ; and 22 WHEREAS, said building(s) upon said premises is vacant and 23 unoccupied; and 24 WHEREAS, 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 I Owners) 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 8 without any cost to Owners) 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 as 14 follows : 15 NONE j 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, 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 I structure(s) upon that real property hereinabove described and 2 shall obtain a contractor, any necessary liability bonds naming 3 Owner(s) as ad 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 15 release 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 . 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 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 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 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 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 as follows : 12 City Clerk Herbert J. and Margaret L. Arrasmith City Hall 1440 Paso Real Avenue #230 13 300 North "D" Street Rawl and Heights , California 91748 San Bernardino, CA 92418 14 15 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 `'FITNESS WHEREOF, the parties hereto have executed this 21 agreement on the date first hereinabove written. 22 ATTEST: CITY OF SAN NA 0 23 24 i� fk yor Y 25 "OWNER(S)" 26 BY -Vx 27 By Approved as to form: 28 ity Attorney [ RECO1iint)3 REQUESiLD Byt AMERICAN TITLE C4. ', Y•S�r� r� w�fJi, "�•y '?„�L^' l "11C0r101140 nEOUEDTEO fy `• d e fre tz'y2 fi�'x',N},.ci 9, c,,;:�� ,•,.,is,,. a",' r �.•:fi bx. LINCCLN TITLE - -. _ aN0 WNTN.tr0.t 10-L.TNry erin ANO UNLEE[ ' r Ot Nt AW IAt[NOWN a[l(1W NAIL TAR SF r,fivl NlA TO � N...(- ' krr•. A. Pendroza '°••• 3514 So, woodland Place Santa Ana, California RECORDED W OFf1CY1C REGARDS t if .L J a.Q� DEC 4 1979 Ry 8.90A.t+S. T..lt o..t. �. .....ti 9-863 SAh BERNARDINO CCXJN7y[CAM n - ; frAC/ A/OY/MM IINL Os si twt'i us/ GRANT nFEn _ THE UNDERSIGNED GRANTOR(s) DECLARE(s) 66..00 . LXj computed on full value of property conveyed,or C]computed on lull value less value of bens Or encumbrances remaining st time of sale.and .o FOR A VALUABLE CONSIDERATION,receipt of v:hlch is hereby aekroWledged, HERB J. ARRASMITY. AND MARGARET L. ARPASMITH, who acquired title as HERBERT J. ARRAS41TH SR. and MARGARET L. ARRASNSTH, husband and vife as joint Tenaats. hereby GRANT(S)to HERB J. APPASMITH AND MAP.GAPET L. ARPASMITH, HUSBAND AND WIFE, AS JOINT TENANTS, AS TO AN UNDIVIDED U,E-HAIY Ilv, ERI.ST AND ALFRED PEDRCLA, TRUSTEE OF THE PEDROZA FAMILY TRUST ESTABLISHED FFbRUARY 23, 1975, BY FRANK PEDP.OZD, AND CARMEN P£DROzA, TRUSTORS, AS TO i.N UNDIVICED CNE-HA—Tv ::TEPEST the Ibllbwmg tlescnbed rcal properly m the e1 7'Y p/' -;5Ay1/ lr..fN/1RtrNp t' . - County of San Bernardino .State of California; ATTACHED AS EXHIBIT "A" AND MADE A PART HEREOF. i w i t , ` Du1.dOc_tol,et 111 1979 � l,•j/. t^ .r•_✓ ,. t Herb J. Arrasmith tr�r/01 UIIro.�1N!{a / r COUr+Tr Or_.{!�_'L�IA2.r rte';'• / ..........• 45�arasi\__1..1�`.::J"c_' s.•N•r,,.,rsr.r. ..[1•, .a Brea.wn•+•nt•AVte.d Herg are L. Arr asaf . i ��he Arrasmithand Margaret L. ]Ir CIAL SLA\ tlARJOrIE A. SILVAS ,•►.r+. 9.n_v _ Z tB w^.,4R,,�e+�'<T a?J -.�c.1.'°".•G Te'"t,Y}y w' v w:.n.N..ls.s..,...•,..[.L.a..r.[...S..a l.[•v rl...a.a r.e...et they '� a re .N W.I rM.•.r• � �•...�� t LT 1 G S A c-t L!rtr r.•,.rC'.3clUt 1I N(w:T.Y yk ,A : N IA aty C mm..ron E.p.rrs ApIr126.1981 MAIL TAX SYATFMENIS AS n•aEe*rED ASOVE_ �•�,:p,.5t+yc�.rb;is.,,.,s,rS„� �w a �rY`s.{kk� � .i-�- �_• .• _ _ - . - '� Y`'.v.�v,.•.....a"�`�..:m^.c1+wx•flw�u�.cy'sA�+ �5P"+Mws�^^• .__.•�'� - - — �n ,. f. LEGAL DESCRYPTION: «i J82G sex PARCEL NO. 1: All that portion of Lot 1, in Block 92 and Lot 4 In Block 66 of Rancho San Bernardino, in the County of San Bernardino, State of n California. as per map recorded in Book 7 Page 2 of Maps, in the Office A of the County Recorder of said County. described as followsi Beginning at a point 19.63 chains East and 11.60 chains North of the f r= Southwest corner of said Lot 1.;. thence North 352 feet; thence West 910.5 � feet to the West boundary line of the land heretofore conveyed to Ralph A. Stevens and Alice D. Stevens, by J.R. Shepardson by deed recorded in �.:.. nooi. ., age 61 of _^ds RecOrjs Of naiA CO-' : thence South 14' 25' East 209 feet, more or less to a point which is North 5'41' Nest 143.5 feet from the Southwest corner of the herein described tract; thence 50 South 5'42' East 143.5 feet; thence East 843 feet to the point of beginning. PARCEL N0. 2: Portion of Lot 4 in Block 66 of Rancho San Bernardino, in the County of San Bernardino, State of California, as per map recorded In Book 7 Page 2 of Maps, in the Office of the County Recorder of said !! County, described as follows: Beginning at a point 765.60 feet North of a hardwood stake, said stake t being midway between two rows of orange trees and 1355.58 feet, more or i less East of the Southwest corner of Lot 1 in Block 92 of said Rancho _ San Bernardino; thence North 331.32. feet; thence West 60 feet, more or E C E - -- leas, to the land grantee; thence South 33I.32 feet; thence East to the ' 1 point of beginning. PARCEL N0. 3: That portion of Lot 4, in Block 66 of Rancho San Bernardino In the County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, Page 2, Records of said County, described as follow: sue- ` ` +. wx'ir'9' ' .TF•r .nsi iy,.1 _ 'y .•.,..: Beginning at a point I364.58 fee[ East and 1137.25 feet North of the Southwest corner of Block 92, said Rancho San Bernardino; thence North 13.45 feet; thence North 0'58' West 8.42 feet; thence West 68.02 feet;. thence South 22 feet; thence East 68.7 feet to the point of beginning. t EXCP.PT therefrom any portion of each of the above described petcela within any existing streets and or highways. L i. OSP•Y! V SL11rECV ., r`^`�ti�F""i .yC+�,r^j Ti�hpYCO�'•!Y�•. �� � �i>i �-.+�.x.�,.•r,�°{Y-r 2�^i e►�?'�e'�CH=.-'.^yF:S�,. b7+^a5"-+y^�.+•.`c _ t 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 1911�__, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter called "City" , and 6 Gloria Cubita Magana Martinez hereinafter 7 called "Owner(s)" . 8 W I T N 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 thereon at 835 W. Victoria Street , in the 12 City of San Bernardino, County of San Bernardino , State of 13 California and described as follows : 14 City west 50 feet, east 75 feet north., z lot, 2 block 41 extended street. 15 i i 16 17 i8 and; 19 WHEREAS, title to said property is vested in Owner(s) as 20 follows : Gloria Cubi to Magana Martinez 21 and 22 WHEREAS., said building(s) upon said premises is vacant and 23 unoccupied; and 24 WHEREAS, 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 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 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 12 WHEREAS , Owner(s) represents and warrants to City that 13 there are no liens or encumbrances upon said property except as 14 follows : 15 NONE I 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, 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 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 15 release the City, its elective and appointive boards, commissions, i, 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 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 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 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 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 g 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 as follows : 12 City Clerk City Hall Gloria Cubita Magana !Martinez 13 300 North "D" Street 1234 W. Channel Island Blvd. San Bernardino, CA 92418 Oxnard, California 93030 14 15 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 . 22 ATTEST: CITY OF SA 0 23 24 C Clerk s� Sayor 25 "OWNER S " 26 By f 27 By Appr,o� as to for City At orney r 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 196QL, by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter called "City", and 6 Allen E. and Beulah B. Hansen hereinafter 7 called "Owner(s)" . _ 8 W I T N 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 thereon at 179 E. 4th Street , in the 12 City of San Bernardino, County of San Bernardino, State of 13 California and described as follows : 14 Lot 15, Block "A" Wazercraft Place, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded 15 in book 8123, page 1061 , Official Records. 16 fi 17 18 ; and; 19 WHEREAS, title to said property is vested in Owner(s) as 20 follows : Allen E. Hansen and Beulah B. Hansen, husband and wife, as 21 joint tenants and 22 WHEREAS, said building(s) upon said premises is vacant and 23 unoccupied; and 24 WHEREAS, 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 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 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 12 WHEREAS, Owner(s) represents and warrants .to City that 13 there are no liens or encumbrances upon said property except as 14 follows : 15 NONE .I 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, 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 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 15 release 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 . 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 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 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 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 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 as follows : 12 City Clerk City Hall Allen E. and Beulah B. Hansen 13 300 North "D" Street 7490 Elmwood Road San Bernardino, CA 92418 San Bernardino, California 92410 14 15 , 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. 22 ATTEST: CITY O SAN AR.DI 23 Kay 24 ityClerk 25 "OWNER(S)�r , 26 By� 27 BY Appro as to form: 28 City �tr ey 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 19qV , by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter called "City", and 6 Genevieve J. Root hereinafter 7 called "Owner(s)" . 8 V, I T N E S SETH: 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 984 W. Rialto Street, in the 12 City of San Bernardino, County of San Bernardino, State of 13 California and described as follows : 14 Carter Subdivision West 40.5 feet, East 81 feet, South 2, Lot 11 , 15 j Block 3 and West 40.5 feet, East 81 feet of Lot 12, Block 3, in ! the County of San Bernardino, State of California, records of said 16 County. 17 18 and; 19 WHEREAS, title to said property is vested in Owner(s) as 20 follows : Genevieve J. Root, tenant 21 and 22 WHEREAS, said building(s) upon said premises is vacant and 23 unoccupied; and 24 WHEREAS, 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 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 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 12 WHEREAS, Owner(s) represents and warrants to City that 13 there are no liens or encumbrances upon said property except as 14 follows : 15 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, 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 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 15 release the City, its elective and appointive boards, commissions, 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 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 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 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 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 i0 delivered in person or sent by certified mail , postage prepaid, 11 as follows : 12 City Clerk Genevieve J. Root City Hall 982 West Rialto Avenue 13 300 North "D" Street San Bernardino, California 92410 San Bernardino, CA 92418 14 15 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 . 22 ATTEST: CITY OF SA 23 9� dd Tor 24 City Clerk's 25 "OPENER(S)" 26 By �. 27 By Approved as o form: 28 . JAW;? City t rney 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 19D , by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation, hereinafter called "City" , and 6 Ruth C. Heldt (Deceased) , Jack A.E. Chaney Executor hereinafter 7 called "Owner(s) 8 W I T N 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 thereon at 1125 West Third Street, in the 12 City of San Bernardino, County of San Bernardino , State of 13 California and described as follows : 14 R S B PTN Lot 14 Blk 15 Com at Intersection of W L1 K St with S Ll of 3rd St TH S 54.5 Ft Th W TD E Ll W 2 SD Lot TH N 40 Ft 15 ;i Th W to a PT 173.50 Ft E of W Ll SD Lot TH N 14.5 Ft to S L1 3rd St Th E to POB 16 17 18 and; 19 WHEREAS, title to said property is vested in Owner(s) as 20 follows: Ruth C. Hel dt (Deceased) , Jack A.E. Chaney, Executor 21 and 22 WHEREAS, said building(s) upon said premises is vacant and 23 unoccupied; and 24 WHEREAS, 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 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 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(p) 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 follows : 15 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, 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 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 i and structure(s) upon the real property, and does hereby 15 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 . 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 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 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 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 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 as follows : 12 City Clerk Ruth C. Hel dt, deceased City Hall Jack A. E. Chaney, Executor 13 300 North "D" Street 1984 North D Street San Bernardino, CA 92418 San Bernardino, California 92405 14 i 15 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 . 22 ATTEST: CITY OF SAN EAPAR 23 Y or /�� 4 24 i l emery 25 "OWNER(S)" 26 By 27 By 28 Approve as to form: City _At `orney 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 , 19JL, by and between the CITY OF SAN BERNARDINO., 5 a municipal corporation, hereinafter called "City", and 6 Miriam DeMarco hereinafter 7 called "Owner(s)" . 8 W I T N 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 thereon at 1050 and 1052 West Fifth Street Street , in the 12 City of San Bernardino, County of San Bernardino, State of 13 California and described as follows : 14 E H MORSE SUB LOT 6 15 l 16 17 18 and; 19 WHEREAS, title to said property is vested in Owner(s) as Z0 follows : Miriam DeMarco 21 and 22 WHEREAS, said building(s) upon said premises is vacant and 23 unoccupied; and 24 WHEREAS, 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 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 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 12 WHEREAS, Owner(s) represents and warrants to City that 13 there are no liens or encumbrances upon said property except as 14 follows : 15 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, 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 I structure(s) upon that real 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- 14 ing(s) and structure(s) upon the real property, and does hereby 15 + release 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 . 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 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 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 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 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 as follows : 12 City Clerk City Hall Miriam De Marco 13 300 North "D" Street 1900 West Bonanza Road San Bernardino, CA 92418 Las Vegas , Nevada 89106 t 14 15 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. 22 ATTEST: CITY OF SAN BE ARD 0 23 A o 24 City Clerk 25 "OWNER(S.)" 26 B 27 By Approved as to form: City A torney CJ