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HomeMy WebLinkAbout1983-298 I RESOLUTION NO 83•-•2U 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS FOR THE DEMOLITION OF CERTAIN BUILDINGS OR 3 STRUCTURES LOCATED AT 1170 AND 1172 VINE STREET , OWNED BY ALVINO AND BLANCHE RODRIGUEZ ; 1325 OLIVE STREET , OWNED BY MARGARET 4 GARCIA; 639 FLORES, OWNED BY JOHN CRUZ ; 1183 1/2 6TH STREET, OWNED BY TILLIE BERROTERAN; 1176 WASHINGTON, OWNED BY JOHN AND 5 IDA BROOKS; 1155 SOUTH WASHINGTON, JOANN TAYLOR; SAID STRUCTURES BEING LOCATED IN THE CITY OF SAN BERNARDINO, CALIFORNIA. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1 . The Mayor of the City of San Bernardino is 9 hereby authorized and directed to execute on behalf of said City, 10 agreements for the demolition of certain buildings with the 11 owners thereof, which agreements shall relate to the following 12 properties: 13 (a) 1170 and 1172 Vine, owned by Alvino and Blanch 14 Rodriguez . 15 (b) 1325 Olive, owned by Margaret Garcia. 16 (c) 639 Flores, owned by John Cruz. 17 (d) 1183 1/2 6th, owned by Tillie Berroteran . 18 (e) 1176 Washington, owned by John and Ida Brooks. 19 (f) 1155 S . Washington, owned by JoAnn Taylor. 20 A copy of each of said agreements is attached hereto , marked 21 Exhibit "A" through "F, " inclusive , and are incorporated herein 22 by reference as fully as though set forth at. length. 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of. the City of San 25 Bernardino at a regular _ meeting thereof , held 26 on the 6th day of Septerober , 1983 , by the 27 following vote, to wit : 28 I AYES: Council Members Reilly, Hernandez , marks , 2 Quiel, Frazier, Strickler 3 NAYS : None 4 ABSENT : Councilman Castaneda 5 6 City Clerk 7 The foregoing resolution is hereby approved this -Y ' day 8 of September 1983 . 9 10 TMAayor of th City of an Bernardino Approved as to form: 11 12 ,�►� City A torn 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- r 1 A G R E E V E N T 2 (demolition of building) 3 THIS AGREEMENT is made and entered into this day of 4 &�LL , 19/0, by and between the CITY OF SAN BERNARDINO, 3 a municipal corporation , hereinafter called "City" , and 6 JoAnn Taylor hereinafter 7 called "Owner(s)" . g 1t 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 1155 Washington Street , in the 12 City of San Bernardino , County of San Bernardino , State of 13 California and described as follows : 14 AP# 136-442-35 I 15 I Lot 38, Tract No. 1995 as per map recorded in Book 29, page 13 16 of maps in the office of the county recorder of said county. 17 Ig . and ; 19 WHEREAS , title to said property is vested in Owner(s) as 20 follows : JoAnn Taylor 21 and 22 WHEREAS , said building(s) upon said premises is vacant and 23 ' unoccupied ; and 24 WEEREAS , 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 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 I 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 3 ! charge or lien upon the real property involved if Owner(s) agrees iJ IIto said demolition pursuant to the provisions of this agreement ; i 11 land 12 WHEREAS , Owner(s) represents and warrants to City that E� 13 1Ether. e are no liens or encumbrances upon said property except as 14 lIf011Ows : Shoshone Service Corporation • 1s — 16 I Building and Safety Department of the County of San Bernardino i 17 1g f NO@', THEREFORE , in consideration of the mutual promises , 19 �iprovisions ; agreements and legal detriments herein contained , it I 2.0 is agreed as follows : 21 1 . City shall file all required environmental impact 22 statements, make all required publications , conduct all required 23 I hearings , and perform other ministerial functions required to 24- obtain approval for the demolition of the building(s) upon G5 lOwner ' s(s ' ) real property and to receive or be able to use Federal lCommunity 26 jDevelopment 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 f� a 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 g iso that it will drain to the natural fall of the surrounding i 9 ( terrain . 13 r 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 i 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 11release the City , its elective and appointive boards , commissions , ) 16 Ilofficers , 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 II 20 ; connection with the abatement . 1 5. Owner(s) warrants and represents that he is the Owner(s) 1 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 Il'iens and encumbrances as set forth in the Seventh Vhereas clause, 25 land 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 f the 2& demolished as provided for herein unless the transferree o I 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 JoAnn Taylor City Hall 25281 Park Avenue, Apt. 4 13 300 North "D" Street Loma Linda, CA 92354 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 N B .DI 23 By .0 00F A yor X4 City Clerk 25 "OW S)" 26 Bw 27 By7_ . Approved as to form: 28 !, 7 City Attorney r i w `I r ` O I \ » I f •• I.. N• � —�t�Sf:!►u'TON — /4S AVENUE -+ ---tr- TPW1 S � o > T C 61 � G 3 2 C� r LA � wl-IA ® ® N ., O Z P.AVN1 R/1 —Amos ~• �'� A -ar + ® I r -Cc) u lb w o 1 r �w �//7 ~ A 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 19 by and between the CITY OF SAN BERNARDINO, S a municipal corporation , hereinafter called "City" , and 6 Tillie Berroteran 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 1183' 6th Street Street , in the 12 City of San Bernardino , County of San Bernardino , State of 13 California and described as follows : j 14 AP# 138-123-03 I Lot 11, Block 5, of Garner Subdivision of Lots No. 6, 7, 8, 9, 10, 11, 12, 15 j 13 of Block No. Seventeen of the Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per 16 plat recorded in Book 3 of maps, Page 77, records of said County. 17 i 18 and ; 19 WHEREAS , title to said property is vested in Owner(s) as 20 follows : Tillie Berroteran 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 S 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 a 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(sl ) 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 s 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 g 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 Ilrelease 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 2g demolished as provided for herein unless the transferree of the 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 all claims for damages S 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 S 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 Tillie Bierroteran City Hall 1264 W. Union Street 13 300 North "D" Street San Bernardino, CA 92411 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 AN BE AF NO 23 By 24 ity Clerk 2S "OVINER(S)" 26 27 By Approv d as to form: 28 City At orney 1 � � g a c aw - • ,1 O 0 I1 a Lj 3,3 A e .w Cc • m © = cc 0 • O® —T•-t-133111s ' im —Wed G � U _ VI c Am r • Y ,^ I O • = m m • ^� 4 • ! ® ® • � y - 4 2 14 loop, z N+I '�j• • 60 aw 7 O rr �3-�2 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 , 190:-J , by and between the CITY OF SAN BERNARDINO, 5 a municipal corporation , hereinafter called "City" , and 6 John and Ida Brooks 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 1176 S. Washington 11 thereon at Street , in the 12 City of San Dernardino , County of San Bernardino , State of 13 California and described as follows : AP# 136-441-05 14 ! I; The south � of lot 25, Tract No. 1995, VALLEY TRUCK FARMS, as 15 I; per plat recorded in Book 29 of Maps, page 13, records of said 16 county. 17 18 and ; 19 WHEREAS , title to said property is vested in Owner(s) as 20 follows : John and Ida Brooks 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 Y 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 S 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 First Federal Savings and Loan Association of San Bernardino 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(sl ) 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 g 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 15release 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 S 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 : John and Ida Brooks 12 City C1erk 1176 South Washington City Hall San Bernardino, CA 13 300 North "D" Street San Bernardino , CA 92418 14 15 7 . Time is of the essence with respect to the provisions i 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 SAN B Apo�� 23 y or- 24 City Clerk 25 "OWNER(S)" 26 i 27 By r % , Approved as to form- 28 ��Zzvz� 010t�� City At orney !AM A/RyA RDry �\ r r _ r� T � ` O f N'= ' M•• /•. Poe 1 TOM aEnruF -, --- 4- N in • {; e lb T G r r � Z c y c c CL1-4 '+ P-dr T irk } t—Amos A -t $ afm + 1~ Oo r t C s•a n .. c 9, C�, 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 by and between the CITY OF SAN BERNARDINO, S a municipal corporation , hereinafter called "City" , and 6 Alvino V. Rodriguez and Blanche V. Rodriguez hereinafter 7 called "Owner(s)" . g W I T N E S S E T H : 9 WHEREA. , 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 1170 and 1172 Vine Street , in the 12 City of San Bernardino , County of San Bernardino , State of 13 California and described as follows : 14 AP# 139-291-27 Portion of Lot 7, Block 18, Rancho San Bernardino, in the City of San 15 i Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 7 of Maps, page 1, records of said county, described as 16 follows: 17 Beginning 183 feet south and 149.17 feet west of the northeast corner of said lot 7; thence south 133 feet; thence west 42 feet; thence north 133 18 a nd ;feet; thence east 42 feet to the point of beginning. 19 WHEREAS , title to said property is vested in Owner(s) as 20 follows : Blanche V. Rodriguez and Alvino V. Rodriguez, wife and husband, i 21 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 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 S 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 : i 15 j' 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 29 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 S 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 S 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 , corrmissions , 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 is 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 S 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 S 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 Alvino and Blanche V. Rodriguez City Hall 610 North 11th Street 13 300 North "D" Street Colton, CA 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 F AN N n 23 y , ay 24 City Clerk 25 "OV;NER(S)" 26 By ' 27 By Approved as to form: 28 City Aytorney i N _..: ... L33&.LS � 1,�-�-- i' " •P r� .t N�•r ♦�w w 11 p c 10 O O ® O ® � r Jan N • ` i ! � M « Q xi M A O � O • N V C Q O O O � 8Q oOcc cz y3^r NOsorndo (NN3d)? j s my) i ---® --© W K • ® Wipp • e > v 3^r •�13N1f4�J m ® I t o oil o Is. N p V) 1j c c O ODN /y M S O 0 • O 8 _ O 1 b — r_ r_ 1 I O m m I I W 30 ® ® ® 4 ' I I s .. I I � .7 �,. ..« ..» .. i, Y V _ -_ —�"AN3A1► NONb3Allr �--•�••t--- IL 1 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 19� , by and between the CITY OF SAN BERNARDINO, S a municipal corporation , hereinafter called "City" , and 6 Margaret C. Garcia hereinafter 7 called "Owner(s)" . 8 x 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 1325 Olive Street , in the 12 City of San Dernardino , County of San Bernardino , State of 13 California and described as follows : 14 AP# 139-103-10 i 15 Lot 27, Block 2, Tract No. 1705, FRANCK C. PLATT'S MOUNT VERNON SUBDIVISION NO. 1, in the City of San Bernardino, County of San 16 Bernardino, State of California, as per plat recorded in Book 29 of Maps, page 28, records of said County. 17 Ig and ; 19 WHEREAS , title to said property is vested in Owner(s) as 20 follows : Margaret C. Garcia 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 r7rant funds S for said demolition ; and 6 WHEREAS, City is agreeable to demolishing and removing 7 said building(s) from the real property hereinabove described 9 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 is 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(sl ) 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 2g 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 g Owner(s) as an additional insured and all permits necessary to 4 demolish the said structure(s) . City shall supervise and cause s 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 g 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 11release the City , its elective and appointive boards , commissions 16 officers , agents and employees from any and all claims for i7 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 1 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 2g 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 S 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 Margaret C. Garcia City Hall 1325 Olive 13 300 North "D" Street San Bernardino, CA San Bernardino, CA 92418 14 15 117 . Time is of the essence with respect to the provisions I 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 BERNAF INO 23 By &G 0 24iC tyCl erk 25 "OWNER(S)" 26 By4 r "1 27 By 28 Approved as to form: City Attorney ol ----�--• ` 3nN3Ar .. mGiA •� � O « A � ; � •O� e i • O s p O M s - O e � O Q 2 ® O a sm cc O O O • !J 2 co JL n� tem p ® a O ® y ©CL 5s E _ O 4 ® O • « ® � ` ay i O ® EMS) 2 y ® a � i O p p ,. W � r � . ® ® 0