HomeMy WebLinkAbout1988-392
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RESOLUTION NO.
88-392
A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT OF SALE WITH TOMMIE LEWIS AND WASHINGTON J. LEWIS
RELATING TO CERTAIN FIXTURES AND IMPROVEMENTS AT 2002 NORTH MT. VERNON
AVENUE.
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, an Agreement of
Sale for improvements and fixtures installed by the said City at the
premises located 2002 North Mt. Vernon Avenue, a copy of which is attached
hereto, marked Exhibit "A" and incorporated herein by reference as fully as
though 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
E~~lE~__________meeting
thereof
held
on the
day
of
3rd
October
, 19~__, by the following vote, to-wit:
AYES: Council Members _~~!E~~~~_~~illy~_Fl~E~~~~~~sl~y~________
Pope-Ludlam, Miller
NAYS: None
---------------------------------------------------------
ABSENT:
Council Member Minor
---------------------------------------------------------
The
--------~~~~~~
City Clerk
foregoing resolution is hereby approved this ~~~
da
of
Minor
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Evlyn Wilcd'x, Mayor"
City of San Bernardino
Approved as to form and legal content:
_~.//J#~Y~"-//0 J__
c~~~W~~ey '9-~~'
09/06/88
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AGREEMENT OF SALE
(Certain fixtures and improvements installed at 2002 N. Mt. Vernon Ave)
THIS AGREEMENT is made and entered into this ~~~~ day of
~~_____,1988, by and between TOMMIE LEWIS, an
individual, and WASHINGTON J. LEWIS, an individual, together referred
to as "Purchaser", and the CITY OF SAN BERNARDINO, a municipal
corporation, referred to as " Seller".
WIT N E SSE T H:
WHEREAS, the Seller and Purchaser entered into a lease
agreement dated the 14th day of November, 1980, for certain premises
located at 2002 North Mt. Vernon Avenue, more fully described in said
lease, and
WHEREAS, pursuant to paragraph 6 of said lease, any and all
fixtures installed on the leased premises by the Seller shall remain
property of the the Seller and. said fixtures may be removed by the
Seller at the Seller's expense upon termination of said lease, and
WHEREAS, the Seller has installed, or has caused to be
installed, at the Seller's expense, certain fixtures on the leased
premises including but not limited to a central air conditioning system
and counters, and
WHEREAS, said lease expired on July 31, 1986, the Seller
continued the use of said premises on a month to month rental, and
WHEREAS, the Seller, upon giving notice to Purchaser, has
vacated said premises, effective the 31st day of August, 1988, and
WHEREAS, the Director of Public Works has determined that the
09/06/88
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EXHIBIT II A"
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cost of removing said fixtures would exceed the value of said
fixtures,and
WHEREAS, Purchaser has offered to the Seller, to purchase
said fixtures for the sum of ONE THOUSAND DOLLARS ($1,000.00),
NOW THEREFORE, in consideration of payment in the amount of
ONE THOUSAND DOLLARS ($1,000.00) agreed to be paid to the Seller by
Purchaser, the parties mutually agree as follows:
1. All fixtures, improvements and appurtenances having been
installed by the Seller on said premises during the Seller's term of
lease and occupancy of said premises, are hereby sold to Purchaser, and
the Seller shall forever release all interest and ownership of said
fixtures and improvements to Purchaser.
2. The Seller makes no warranties, written or implied, as to
the condition or usability of said fixtures, and it is understood that
all fixtures and improvements are sold to Purchaser in an "As-Is"
condition.
3. Purchaser shall hold the Seller, it's elective and
appointive boards, commissions, officers, agents and employees harmless
and defend from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property
damage which may arise from the Purchaser's use of said fixtures and
improvements.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed and attested by their proper officers
thereunto duly authorized, and their official seals to be affixed as of
the day and year first above written.
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09/06/83
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ATTEST:
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'City Clerk
Approved as to form and legal content:
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Ci ty ttorney
"Seller"
CITY OF SAN BERNARDINO
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By /2 -tA-( -i ~ A.~lC
, -'Evlyn wi cox, Mayor
City of San Bernardino
"Purchaser"
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WASHINGTON ~
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TOMMIE LEWIS
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