HomeMy WebLinkAbout1988-401
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RESOLUTION NO.
88-401
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND 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 FOLLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute, on behalf of said City, a Second Amendment to Agreement
with Yvonne Everett and Tamario Funn relating to the purchase and
sale of certain real proeprty.
This Second 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
15 Bernardino at a n adjourned regular
meeting thereof, held on
16 the
day of
24th
October
, 1988, by the following
17 vote, to wit:
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AYES:
Council Members Reilly, Flores, Maudsley, Minor
NAYS:
None
ABSENT:
Council Members Estrada, Pope-Ludlam, Miller
_~$L~~~/
City Clerk
III
III
III
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND 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 ~~6~day
of
October
, 1988.
~J1;'~ /~~~
Evly Wilc6x, ayor
City of San Bernardino
Approved as to form
and legal content:
~/j
~ t.r~~
Jity Attorney
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SECOND AMENDMENT TO AGREEMENT
(Kellogg Library)
THIS SECOND AMENDMENT TO AGREEMENT is made and entered into
this 2flL day of tfJd4.) , 1988, by and between the
City of San Bernardino, a municipal corporation, hereinafter
referred to as "Ci ty", 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, 1988; and
WHEREAS, on August 11, 1988, the parties amended said
Agreement to extend said deadline until October 1, 1988, and
WHEREAS, the parties now desire to further extend this
deadline for a short period to make a final analysis and
resolution of the rights and duties of the parties.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Paragraph 2 of the Agreement dated June 3, 1983,
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
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($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 December 1, 1988, 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 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.
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IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to Agreement on the day and date first above shown.
ATTEST:
~~~tI"~~~
City Clerk
CIT~ SAN BERNARDINO
By ~21{d
PURCHASERS:
2% ~
- '/ 1-
By ""' ;t~ ~cf)
/ Yvo~~e Everett
B~~;2~~
I Tamario Funn
Approved as to form
and legal content:
b/~: ..
p~~~
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