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CITY OF SAN BER,Q.DI,NO - REQUEST ~R COUNCIL ACTION
Dept:
Ci ty Attorney
REC'D ,.'UlU' nr:t'
~UBl'I'D"'l''AMBNnMENT TO AGREEMENT WITH YVONNE
1988 JIM -9 ~"Ii~ AND TAMARIO FUNN ~ELATING
"'\'O'~CHASE AND SALE OF CERTAIN
REAL PROPERTY (KELLOGG LIBRARY)
From:
JAMES F. PENMAN
Date: June 9, 1988
Synopsis of Previous Council action:
At the meeting of the Mayor and Common Council,
held June 6, 1988, the City Attorney was instructed
to prepare the necessary documentation to allow a
ninety day extension of the current agreement between
Elijah Singletary and the City for the purchase of
the Kellogg Library. Said documents to be brought
back to the Mayor and Council at their meeting to
be held June 20, 1988.
Recommended motion:
Adopt resolution.
~)
JAMES F. PENMAN bv nENNTS;o. R;o.l>T.nW
Contact panon:
Dennis A. Barlow
Phonal
5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Flnence:
Council Notel:
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Agenda Item NO.c::::2{"
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AMENDMENT TO AGREEMENT WITH YVONNE EVERETT AND
TAMARIO FUNN RELATING TO 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 l. The Mayor is hereby authorized and directed to
execute on behalf of said City an Amendment to Agreement with
Yvonne Everett and Tamario Funn relating to purchase and sale of
certain real property, which Amendment to Agreement 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
meeting thereof, held on
day of
, 19BB, by the following
the
vote, to wit:
Council Members
AYES:
NAYS:
ABSENT:
City Clerk
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Reso:
Amendmc:l to Agreement-Everett an~unn
Purchase and Sale of Certain Real Property
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The foregoing resolution is hereby approved this
day
of
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
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AMENDMENT TO AGREEMENT
(Kellogg Library)
THIS AMENDMENT TO AGREEMENT is made anq entered into this
day of , 1988, by abd 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 l, 1988; and
WHEREAS, the parties now agree to 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 is hereby 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
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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 l, 1982, and a
like amount shall be paid on the same date of each month
thereafter until October I, 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 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 l, 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 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:
City Clerk
Approved as to form
and legal content:
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.City Attorney
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CITY OF SAN BERNARDINO
By
Evlyn Wilcox, Mayor
PURCHASERS:
By
Yvonne Everett
By
Tamario Funn