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HomeMy WebLinkAboutS10-City Attorney - - , . ~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. S-lO - 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 S-lO - !i o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 / / / / / / / / / / / / / / / / / / / / DEB:ms March 30, 1989 1 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 8'J_' 7 ,-,,/ /.1 !~~ DEB:ms March 30, 1989 2 j, o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, DEB:ms March 30, 1989 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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 DEB:ms March 30, 1989 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I' o o 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 ,~! ~ I,"~ By c/rU, ::/ - v'C '~">"'- DEB:ms March 30, 1989 3