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RESOLUTION NO. 2005-270
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH FRANK R. CORTEZ AND IRENE D. CORTEZ, RELATING TO
PROPERTY AT 3008 BROADMOOR BOULEVARD, SAN BERNARDINO 92404-2316
(WATERMAN AVENUE AND 30m STREET).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, the City of San Bernardino and Frank R. Cortez and Irene D. Cortez, the
owners of the property located at the northeast comer of Waterman Avenue and 30th Street,
further described as Assessor's Parcel Number 0153-141-01, and the address of which is 3008
Broadmoor Blvd., wish to construct certain public and private property improvements described
as construction of sidewalk, ADA ramps, a 6-high decorative block wall, and construction of a
new garage as described in the Agreement.
SECTION 1. The Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City; a copy of the Agreement is attached hereto and incorporated herein as Exhibit
"A".
SECTION 2. The authorization to execute the above-referenced Agreement is rescinded
if it is not signed by the parties within sixty (60) days of the passage of this resolution.
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1 RESOLUTION...APPROVING AN AGREEMENT WITH FRANK R. CORTEZ
2 AND IRENE D. CORTEZ, RELATING TO PROPERTY AT 3008 BROADMOOR
BOULEVARD, SAN BERNARDINO 92404-2316 (WATERMAN AVENUE AND 30TH
3 STREET).
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held
on the 1st day of August
Council Members: AYES
ESTRADA X
-
LONGVILLE -1L..
MC GINNIS ---X-
DERRY ---X-
KELLEY X
JOHNSON X
MC CAMMACK X
, 2005, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
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The foregoing resolution is hereby approved this ~ day of "gust . 2005.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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2005-270
EXHIBIT" A"
AGREEMENT
This AGREEMENT is made and entered into this ~ day of ()~
2005, by and between the CITY OF SAN BERNARDINO, Californi~
corporation, (hereinafter referred to as the "City") and Frank R. Cortez and Irene D.
Cortez (hereinafter collectively referred to as "Owners").
WITNESSETH:
A. WHEREAS, Owners own the single family house and property located at
3008 Broadmoor Boulevard, San Bernardino, further described as Assessor's Parcel No.
0153-141-01 (hereinafter the "Property"); and,
B. WHEREAS, City and Owners wish to construct certain public and private
property improvements on the property as described in the Agreement; and,
NOW THEREFORE, the parties hereto agree as follows:
1. CITY SHALL perform the following:
(a) Fund the construction of a new garage and improvements, as noted in the
attached Attachment "A", on the Property, 21 feet wide by 20.5 feet deep
facing Broadmoor' Boulevard, on a reimbursement basis for a not-to-
exceed cost to City of $48,200. The City has previously provided a
preliminary design for said work to Owner, which was prepared by GMID
Architects.
(b) Waive all plan check and inspection fees for construction of the new
garage and improvements facing Broadmoor Boulevard.
(c) Waive all plan check and inspection fees for construction of the new
driveway and drive approach onto Broadmoor Boulevard.
(d) Waive plan check and permit fees to remodel, alter, or convert existing
garage to another permitted use, subject to compliance by Owners with all
plan check and inspection requirements of the Building Division.
Note: Impact and utility fees and charges are not waived.
(e) Pay to Owners an advanced amount of $17,000 upon receipt of fully
executed and notarized deed of easement attached hereto as Attachment
"C".
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(h)
Upon completion of construction of items indicated in Attaclunent "A",
pay to Owners upon inspection and approval of work performed, the
balance of the cost of the work in excess of $17,000 not to exceed the total
amount of $48,200.
Construct, at its own expense, a 6-foot wide sidewalk along the north side
of 30th Street adjacent to the Property. The sidewalk shall include ADA
accessible ramps at the northeast corner of Waterman Avenue and 30th
Street and at the northwest corner of Broadmoor Boulevard and 30th
Street.
Construct, at its own expense, a 6-foot tall decorative block wall (split face
or slump stone with pilasters) that will start on Waterman Avenue side of
(t)
(g)
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2005-270
EXHiBIT '~A ~,
Agreement Relating to Property at 3008 Broadmoor Blvd.
San Bernardino 92404-2316, APN: 0153-141-01.
(i)
the Property joining the existing private wall which parallels Waterman
Avenue, thence south, then diagonally across, and extending east along the
north side of 30th Street on the Property to the front of the existing house
facing Broadmoor Boulevard.
Remove the existing drive approaches to the Property from Waterman
Avenue and 30th Street and replace with full height curb, gutter and
sidewalk.
Indemnify, defend and hold harmless Owners from all claims, costs,
liabilities and causes of action arising from City's performance under the
Agreement.
G)
2. OWNERS SHALL perform the following:
(a) Execute (including obtaining notary acknowledgement) easement,
attached hereto as Attachment "C", to accomplish dedication by Owners
of approximately 6 feet of right-of-way and 5 feet of temporary
construction easement for construction by City of the sidewalk along the
north side of 30th Street, ADA accessible ramps at the northeast comer of
Waterman A venue and 30th Street and the northwest comer of Broadmoor
Boulevard and 30th Street, and a 6-foot hit decorative block wall on the
Property behind the new sidewalk on 30 Street as stated under City's
responsibilities.
(b) Provide construction drawings for a new garage, 21 feet wide by 20.5 feet
deep, with improvements noted in said attachment, facing Broadmoor
Boulevard conforming to the conceptual plan prepared by GMID
Architects.
(c) Submit' plans and calculations for plan check to the City's Building
Division and comply with all requirements of building plan check. Plan
checking shall be accomplished at no cost to Owners.
(d) Upon approval of plans by the Building Division, obtain a "No Fee"
building permit for the work and comply with all requirements thereof.
(e) Submit for approval to City a copy of contract, contractor license
information, contractor business license, comprehensive public liability
insurance in an amount of not less than $1,000,000 and workers
compensation insurance for construction of the new garage facing
Broadmoor Boulevard.
(f) Construct new garage with improvements facing Broadmoor Boulevard in
strict accordance with plans approved by the Building Division of City.
(g) After construction by City of the 6-foot block wall, Owners shall retain
ownership and assume maintenance responsibility for the block wall in
perpetuity.
(h) Permit the City, its employees, and its authorized agents to enter the
property as necessary to allow City to meet its responsibilities under the
terms of this Agreement.
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2005-270
EXHlint "A"
Agreement Relating to Property at 3008 Broadmoor Blvd.
San Bernardino 92404-2316, APN: 0153-141-01.
(i) Indemnify, defend and hold harmless the City, its officers, employees,
contractors, and agents from all claims, costs, liabilities and causes of
action arising from Owners' performance under the Agreement.
3. TERM OF AGREEMENT
Both parties agree that the term of this Agreement shall be limited to a period of
two (2) years after the date of the Agreement. All work required by this
Agreement and all claims for reimbursement shall be submitted prior to the
expiration of the term ofthe Agreement.
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2005-270
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EXIDBiT u A~'
Agreement Relating to Property at 3008 Broadmoor Blvd.
San Bernardino 92404-2316, APN: 0153-141-01.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date shown below.
Date: '6'/15""/0 S-
ATTEST:
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Approved as to form
and legal content:
James F. Penman
City Attorney
OWNERS
Signaturp~-c:J/ If.v ~ ~ ---
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Signature: ~ ~
Irene D. Cortez
by:
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SAN BERNARDINO
~~
Judith Valles, Mayor
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2005-270
ATTACHMENT "A"
ATTACHMENT TO AGREEMENT DATED AUGUST 1. 2005
Construction Obliaations of Owner
3008 Broadmoor Boulevard
1. Construct new 22' x 24' (approximate) garage frame addition to existing house. New
garage shall face Broadmoor Boulevard as shown on GMID concept drawing
(Attachment "B").
2. Attach California Style roofing to match roof of existing house as closely as possible.
3. Stucco coat new garage to match color and finish of existing house as closely as
possible.
4. Install new garage door.
5. Firewall all drywall.
6. Relocate existing window, which conflicts with garage location. Relocate/install
restroom vent to outside.
7. Paint new garage to match existing color and texture of existing house as closely as
possible.
8. Relocate sprinklers and valves.
9. Install two new walkthrough doors in garage.
,10. Install three new electrical light fixtures in garage.
11. Install two new el~ctrical plugs in garage.
12. Sawcut and remove existing sidewalk and curb & gutter for construction of new drive
approach on Broadmoor Boulevard.
13. Construct new concrete residential drive approach on Broadmoor Boulevard per City
Standard No. 203.
14. Construct new 4" thick concrete driveway from top of new drive approach to meet
new garage floor. Driveway width with shall not be less than 16' nor more than 20'.
15. Install new 4" thick by 4' wide concrete walkways as shown on GMID concept
drawing.
16. Clean up and dispose of debris from job site.
17. Prepare plans. obtain permits, and provide all labor and materials necessary to
construct the new garage and appurtenant work in accordance with plans approved
and permitted by the Building Division of the City.
Page 1 of 1
S:,-Public Works\RFCA's\2005 AlI\08-01-05\3oo8 Broadmoor Blvd Agreement with Owner\Attachment A to
Agreement 3008 Broadrnoor Boulevard 08-0I-05.doc
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2005-270
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2005-270
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Attachment C
CITY CLERK
CITY HALL
300 North "0" Street
San Bernardino, CA 92418
)lpN:0153-141-o1
SPACE ABOVE FOR RECORDER'S USE
EASEMENT
FRANK R. CORTEZ AND IRENE D. CORTEZ, HUSBAND AND WIFE AS JOINT TENANTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. hereby GRANTS to the CITY OF SAN
BERNARDINO. a municipal corporation. AN EASEMENT FOR STRE~1' AND HIGHWAY PURPOSES ANnA TEMPORARY
CONSTRUCTION EASEMENT IN. OVER. UNDER AND ACROSS the real property in the City of San Bernardino, County of San
Bernardino,
State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
.
FRANK R. CORTEZ
I.
DATE: IRENE O. CORTEZ
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This is to certii)' that the interest in the real property ACKNOWLEDGEMENT OF GRANTOR(S):
conveyed by the' within instrument to the City of San --
Bernardino, California, . municipal corporation, is hereby STATE OF CALIFORNIA }S.S.
accepted by order of the City Council,' and grantee COUNTY OF
consents to the recordation thereof by its duly authorized
officer. On before me,
CITY OF SAN BERNARDINO
personally appeared
By: -- .
City Clerk personally known to me (or proved 10 me on the basis of satisfactory evidence) to be
Date:
- the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in hislher/their capacity(ies),
and that by herlber/their signature(s) on the instrument the person(s), or the entity on
behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal.
Signature
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Location: N/S 3011I S~et, between Watel1T\8ll Ave. FOR NOTARY STAMP OR SEAL
and Broadmoor Blvd. .
File No.: 15.02-1456
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2005-270
EXHIBIT" A"
Legal Description for Right of Way Acquisition on the North side 30th Street,
between Waterman Avenue and Broadmoor Boulevard
APN: 0153-141-01
Parcel "A": STREET AND HIGHWAY EASEMENT
The south 6 feet of Lot 8, Block 9 of Tract No. 2310 as per plat thereof recorded in Book 34 of
Maps, pages 1 and 2, records of the County Recorder of San Bernardino County, State of
California
Contains 590.24 square feet, more or less.
Parcel "8": STREET AND HIGHWAY EASEMENT
That portion of said Lot 8 described as follows:
Beginning at a point on the west line of said Lot 8, said point being the northwest comer of
Parcel "A" described herein and also being on the east line ofWatennan Avenue, having a half
width of 41.25 feet;
Thence northerly, along said west line of Lot 8 and said east line ofWatennan Avenue, a
distance of 13.15 feet;
Thence South 45000' East, a distance of 18.84 feet to the north line of said Parcel "A" described
herein;
Thence westerly along said north line, a distance of 13.26 feet to the point of beginning.
Contains 87.18 square feet, more or less.
TEMPORARY CONSTRUCTION EASEMENT
Grantee shall have the right of access and use of a 5 foot strip of land lying northerly and
adjacent to Parcel "A" described herein, and a 5 foot strip of land lying northeasterly and
adjacent to said Parcel "B" described herein, for a temporary construction easement. Said
temporary construction easement shall terminate upon the completion of the installation of
certain street improvements consisting of, but no limited to, curb, gutter, sidewalk, handicap
ramps, paving an,l any and all appurtenances thereto.
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