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. ~ITY OF SAN BERNO'DINO - REQUEST lOR COUNCIL ACTION
From:
Denice E. Brue
Assistant City Attorney
CITY ATTORNEY
March 30, 1989
Subject: Resolution of the City of San
Bernardino Authorizing the Execution of a
Fourth Amendment to Agreement with Yvonne
Everett and Tamario Funn Relating to the
Purchase and Sale of Certain Real Property
Dept:
Date:
Synopsis of Previous Council action:
At the March 20, 1989 Council meeting, the Council approved an
extension of 90 days for the above-subject agreement to give the
purchasing party additional time to secure financing.
Recommended motion:
Adopt the resolution.
~
Signature
Contact parlon:
Opn;('!p 'F. Rrnp
Phone:
384-5355
Ward:
6
Supporting dete ettIChed:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
n.QU!
Agenda Item No.
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CIT.Y OF SAN BER~DINO - REQUEST lOR COUNCIL ACTION
STAFF REPORT
Resolution of the City of )
San Bernardino Authorizing )
the Execution of a Fourth )
Amendment to Agreement with )
Yvonne Everett and Tamario )
Funn Relating to the Purchase )
and Sale of Certain Real )
Property )
At the March 20, 1989 Council meeting, the Council approved an
extension of 90 days"for the above-subject agreement to give the
purchasing party additional time to secure financing.
Since this agreement expired on March 20, 1989, the urgency is
that this resolution is necessary to extend the terms of the agreement
as approved by the Council in its last meeting.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FOURTH AMENDMENT TO AGREEMENT WITH YVONNE EVERETT
AND TAMARIO FUNN RELATING TO THE PURCHASE AND SALE OF CERTAIN
REAL PROPERTY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
a Fourth Amendment to Agreement with Yvonne Everett and Tamario
Funn relating to the purchase and sale of real property. This
Fourth Amendment to Agreement is attached hereto marked Exhibit
"A" and incorporated herein by reference as though fully set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1989, by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FOURTH AMENDMENT TO AGREEMENT WITH YVONNE EVERETT
AND TAMARIO FUNN RELATING TO THE PURCHASE AND SALE OF CERTAIN
REAL PROPERTY.
The foregoing resolution is hereby approved this
day
of
, 1989.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to
form and Legal Content:
JAMES F. PENMAN,
City Attorney
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FOURTH AMENDMENT TO AGREEMENT
(Kellogg Library)
THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into
this day of , 1989, by and between the CITY
OF SAN BERNARDINO, a municipal corporation, hereinafter referred
to as "City", and YVONNE EVERETT and TAMARIO FUNN, individuals,
hereinafter referred to as "Purchasers".
WITNESSETH:
WHEREAS, the parties hereto have agreed for the purchase
and sale of certain real property described in an Agreement dated
June 30, 1983; and
WHEREAS, said Agreement requires that the entire purchase
price be due and payable on or before July 1, 1989; and
WHEREAS, on August 11, 1988, the parties amended said
Agreement to extend said deadline until October 1, 1988, and
WHEREAS, the parties on October 24, 1988 amended said
agreement to extend said deadline until December 1, 1988; and
WHEREAS, the parties on December 19, 1988 amended said
Agreement to extend said deadline until March 20, 1989, and
WHEREAS, the parties now desire to further extend this
agreement ninety (90) days to allow the lessee time to secure
financing to exercise the purchase option or make a final
analysis and resolution of the right and duties of the parties.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 2 of the Agreement dated June 3, 1983,
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between the parties as amended is hereby further amended to read
as follows:
"2. Consideration and Forfeiture. The Purchasers agree
to pay for said premises the sum of FIFTY THOUSAND DOLLARS
($50,000), payable as follows: Forty-five Hundred Dollars
($4,500) heretofore paid by Purchasers and their predecessors
in title, pursuant to the lease with option to buy previously
in agreement as to this property, whereunder lease payments
were to be credited against the purchase price; receipt of this
Forty-Five Hundred Dollars is hereby acknowledged by City; the
remaining Forty-Five Thousand Five Hundred Dollars shall be
paid in installments including interest on all unpaid principal
from date hereof until date of payment at the rate of seven
percent (7%) per annum. The first installment of Two Hundred
and Seventy-five Dollars ($275.00) to be paid July 1, 1982, and
a like amount shall be paid on the same date of each month
thereafter until June 20, 1989, at which time the entire
balance of principal and interest outstanding shall be paid in
full. The amount of the final payment, however, shall be the
total of the principal and interest then due. All payments to
be made by the Purchaser shall be paid with lawful money of the
United States of America. Credit shall be given to purchasers
for all lease payments made between July 1, 1982, and the date
of actual execution of this Agreement, which payments shall be
applied as payments on this contract. Possession has
previously been delivered to the Purchasers, and purchasers
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shall remain in possession pursuant to this Agreement, unless
such possession is terminated by the termination of this
Agreement."
2. Except as amended herein, the original Purchase
Agreement, as previously amended, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to Agreement on the day and date first above shown.
ATTEST:
CITY OF SAN BERNARDINO
By
City Clerk
Evlyn Wilcox, Mayor
PURCHASERS:
By
Yvonne Everett
By
Tamario Funn
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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By c/rU, ::/ - v'C '~">"'-
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