HomeMy WebLinkAbout2005-390
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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RESOLUTION NO. 2005-390
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY
PROPERTY GENERALLY LOCATED WEST OF "D" STREET, NORTH OF 29TII
STREET AND SOUTH OF STATE ROUTE 210 IN THE CITY OF SAN BERNARDINO
TO JOHN P. SANDERS.
SECTION 1. That the Mayor of the City of San Bernardino is hereby directed and
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authorized to execute on behalf of said City, a Sales and Purchase Agreement and Quitclaim
Deed, a copy of which is attached hereto as Exhibit "1 ", for the sale of certain City property
12 located west of "D" Street, north of 29th Street and south of State Route 210, in said City to John
13 P. Sanders, and more fully described in detail in said Exhibit.
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SECTION 2. Said Agreement shall be null and void if either party fails to
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execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
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11109/05 Sanders
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2005-390
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A
QUITCLAIM DEED FOR THE SALE OF CITY PROPERTY GENERALLY LOCATED WEST OF "0"
STREET, NORTH OF 29TH STREET AND SOUTH OF STATE ROUTE 210 IN THE CITY OF SAN
BERNARDINO.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a i oint regular
meeting thereof
held on the 21st day of November
wit:
Council Members: AYES NAYS
ESTRADA X
LONGYILLE X
MCGINNIS X
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
, 2005 ,by the following vote, to
ABSTAIN
ABSENT
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:: .0and111;Yltft!&11i~ lv /lu ~i-
City Clerk / 0
20 The foregoing resolution is hereby approved this Jl;!~ day of _lun\J2~tJ.1-. , 20 0 {".
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H Y ALLES, Mayor
of San Bernardino
24 Approved as to form
and legal content:
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JAMES F. PENMAN
Cily Attom~~ '
By: iI fMt/2J
11109/05 Sanders
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EXHIBIT "1"
SALES AND PURCHASE AGREEMENT
'\ 'l.N)., 1\.. ~Y\,
THIS AGREEMENT, executed this tf,', day of VV~ ,2005,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER")
and JOHN P. SANDERS ("BUYER") mutually agree as follows:
1. SELLER, for the full consideration, in the amount of One Thousand Nine Hundred and
Fifteen Dollars ($1,915.00), shall deliver unto BUYER an executed Quitclaim Deed for a
portion of that certain real property generally located between "D" Street and Stoddard
A venue, north of 29th Street and south of State Route 210, in the City of San Bernardino,
("PROPERTY") more fully described in the Quitclaim Deed attached hereto and made a
part hereof as Exhibit" A" .
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of One Hundred
and Ninety-One Dollars and Fifty Cents ($191.50), the equivalent ofTen Percent (10%) of
the purchase price of One Thousand Nine Hundred and Fifteen Dollars ($1,915.00), as the
initial down payment for the purchase of said PROPERTY. The balance of One Thousand
Seven Hundred Twenty-three Dollars and Fifty Cents ($1,723.50) shall be paid in twelve
monthly installments to include the principal and interest at the rate of Six and Three
Quarter's Percent (6.75 %) per annum as described in the Promissory Note attached hereto
as Exhibit "B ". BUYER shall pay to SELLER said monthly installments with cash or
certified funds. The BUYER shall execute said Promissory Note secured by a Deed of
Trust.
3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said
PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances
and easements on said PROPERTY. SELLER is also selling said PROPERTY to BUYER
subject to the following restrictions: BUYER shall not construct or cause to be constructed
any residential structure(s) on said PROPERTY. Further, BUYER shall not construct or
cause to be constructed additional residential structures on the adjacent property owned by
the BUYER, known as Assessor's Parcel Number 0149-042-07.
4. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors,
officers, agents and employees from any and all costs, claims, damages, injuries, causes of
action or liability of any nature arising out of or related to this Agreement except when
caused by the sole negligence or willful misconduct of SELLER.
5. BUYER shall pay all recording fees.
6. No obligation other than those set forth herein will be recognized.
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11/09/05 10: 14 AM
SANDERS SALES AND PURCHASE AGREEMENT - PROPERTY GENERALLY LOCATED
BETWEEN" D" STREET AND STODDARD A VENUE, NORTH OF 29T11 STREET AND
SOUTH OF STATE ROUTE 2JO.
IN WITNESS WHEREOF. the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
CITY OF SAN BERNARDINO
BY:
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{.C~.GIiZ
:HJDITH V ALLES. Mayor
Approved as to form
And legal content:
ATTEST:
JAMES F. PENMAN.
if\rkf Q (2 Ov~.~)
City Attorney Rachel Clark. City Clerk
By f}~iI ~ ~ ~D~Il~~a:xv~Clv(HUJbtpl7d~
11109/05 3 :05 PM
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REQUESTED BY AND
WHEN RECORDED MAIL TO:
Exhibit "A"
John P. Sanders
2948 North "D" Street
San Bernardino, CA 92405
APN: NiA
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to JOHN P. SANDERS,
(hereinafter "Buyer") the following real property located in the City of San Bernardino, County of San Bemardino,
State of California, described as follows:
That portion of Lot 38 of the Lynncrist Heights Tract No, 1907, as per plat recorded in Book 27 of Maps Page 56
as recorded in the County of San Bernardino, State of California, lying west of a line that is 13 feet west of and
parallel with the east line of said Lot 38.
Conveyance of interest in the above described property is subject to the existence of any liens, encumbrances and
easements and is subject to the following restrictions: Buyer, his successors, heirs, and assigns shall not construct
or cause to be constructed any residential structure(s) on said property, Further, Buyer, his successors, heirs, and
assigns shall not construct or cause to be constructed any additional residential structures on the adjacent property
owned by the Buyer, known as Assessor's Parcel Number 0149-042-07.
CITY OF SAN BERNARDINO
DATE:
, 'h. :1uqI}'H VALLES, Mayor
it ,,_,,} W \\_~ '~_________ \,:;
ACKNOWLEDCEMENT OF GRANTOR(S):
COUNTY OF
)
) s.s.
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STATE OF CALIFORNIA
On
before me,
, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the Within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity( ies), and that
by hIs/her/their signature( s) on the instrument the person( s) . or the entity on behalf of which person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Exhibit "8"
PROMISSORY NOTE SECURED BY DEED OF TRUST
Date:
,2005
$1,723.50
John P. Sanders
2948 North "D" Street
San Bernardino, CA 92405
FOR VALUE RECEIVED, the undersigned promises to pay to the City of San
Bernardino (Seller) or its successors, the principal sum of ONE THOUSAND SEVEN
HUNDRED AND TWENTY-THREE DOLLARS AND FIFTY CENTS ($1,723.50).
Payment of the Note shall be made as follows:
1. Payments to be made in accordance with the amortization schedule attached hereto as
Exhibit "I ", payable the first of every month commencing January 1,2006.
2. This Note shall be due and payable in full immediately upon the sale, conveyance.
reconveyance, lease, resale, disposition or refinancing of the property which is subject
to the Deed of Trust securing this Note. Additionally, this Note shall be immediately
due and payable in full upon any transfer of title of the property described in the Deed
of Trust to any person, firm or corporation, etc., other than the undersigned and
except as provided in said Deed of Trust, whether such transfer of title be voluntary,
involuntary, or by operation of law. Notwithstanding any other provision of this
Note, this Note shall be due and payable in full eleven (11) months from the date of
the payment as set forth above.
3. This Note shall accrue interest at a rate of Six and Three-quarters Percent (6.75%) per
annum during its term.
4. A failure to pay any sum provided for in the Note when due or a material breach of
this Note or the Deed of Trust shall constitute a breach thereof and shall entitle the
Seller to declare all sums due hereunder immediately due and payable and to pursue
all remedies available under this Note or the Deed of Trust.
5. All payments due under this Note shall be made in lawful money of the United States
at the principal office and payable to the City of San Bernardino, 300 North D Street.
3rd Floor, San Bernardino, California 92418, Attn: Development Services
Department - File No. 15.05-243.
6. The undersigned reserves the right to repay at any time all or part of the principal
amount of this Note without the payment of penalties or premiums.
If this Note, or any installment payment, is not paid within ten (10) days of the
due date, the undersigned shall pay to the Seller a late charge of Five Percent (5%) on the
amount past due and remaining unpaid. If this Note be reduced to judgment, such
judgment shall bear the statutory interest rate on judgments.
In no event shall the late charge payable hereunder exceed the maximum amount
of interest permitted under the usury laws of the State of California.
If suit is instituted by the Seller to recover on this Note, the undersigned agrees to
pay all costs of such collection including reasonable attorney's fees and court costs. The
costs. salaries, and expenses of the City Attorney and members of his office shall be
considered as attorney's fees for the purposes of this Promissory Note.
THIS NOTE is secured by a Deed of Trust of even date, duly filed for record in
the office of the County Recorder of the County of San Bernardino, State of California.
DEMAND, protest and notice of demand and protest are hereby waived and the
undersigned hereby waives, to the extent authorized by law, any and all homestead and
other exemption rights which otherwise would apply to the debt evidenced by this note.
IN WITNESS WHEREOF, THIS NOTE has been duly executed by the
undersigned, as of its date.
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Sanders
I Pmt No. I
1 $
2 $
3 $
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5 $
6 $
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10 $
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12 $
Exhibit "1"
Amortization Schedule
Sa! I
1,723.50 $
1,584.26 $
1,444.25 $
1,303.44 $
1,161.84 $
1,019.45 $
876.25 $
732.25 $
587.44 $
441 .81 $
295.37 $
148.10 $
!nt I
9.69
8.91
8.12
7.33
6.54
5.73
4.93
4.12
3.30
2.49
1.66
0.83
Pmt I New Sa! I
148.93 $ 1,584.26
148.93 $ 1,444.25
148.93 $ 1,303.44
148.93 $ 1,161.84
148.93 $ 1,019.45
148.93 $ 876.25
148.93 $ 732.25
148.93 $ 587.44
148.93 $ 441.81
148.93 $ 295.37
148.93 $ 148.10
148.93 $ 0.00