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. OF SAN BERNARDI
o - REQUr ~T FOR COUNCIL AC. ~ON
From:
Denice E. Brue
Assistant city Attorney
City Attorney
Subject: Resolution of the City of San
Bernardino Authorizing the Execution of a
Third Amendment to Agreement with Yvonne
Everett and Tamario Funn Relating to the
Purchase and Sale of Certain Real Property
Dept:
Date:
December 15, 1988
Synopsis of Previous Council action:
At the Council meeting of October 24, 1988, the Council approved
by resolution an extension of the above-subject agreement for an
additional 30 days to expire on December 1, 1988
Recommended motion:
Adopt the resolution
-t.-b
Signature
Contact person:
Denice E. Brue
Phone:
384-5355
Supporting data attached:
Ward:
6
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
Agenda I tem No.
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'~.n767
Cll, I OF SAN BERNARDIlIi~O - REQU~dT FOR COUNCIL AC.ION
STAFF REPORT
Resolution of the City of )
San Bernardino Authorizing )
the Execution of a Third )
Amendment to Agreement with )
Yvonne Everett and Tamario )
Funn Relating to the Purchase )
and Sale of Certain Real )
Property )
At the meeting of the Ways and Means Committee on December
12, 1988, the Committee recommended extending the resolution for
90 days to enable the lessee to find financing to exercise the
purchase option under the lease. Since the present agreement
expired on December 1, 1988, this resolution is needed to extend
the agreement for the 90 day period.
The urgency is that the present agreement has expired, and
the recommendations of the Ways and Means Committee came forward
at its last meeting, subsequent to the regular agenda.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A THIRD 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 is hereby authorized and directed to
execute on behalf of said City a Third Amendment to Agreement
with Yvonne Everett and Tamario Funn relating to the purchase and
sale of real property.
This Third 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
15 Bernardino at a
meeting thereof, held on
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day of
, 1985, by the following
the
17 vote, to wit:
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AYES:
NAYS:
ABSENT:
23 City Clerk
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25 III
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27 III
28 DAB:cez
December 16, 1988
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RESOLUTION AUTHORIZING THE EXECUTION OF A THIRD 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
, 1988.
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10 Approved as to form
11 and legal content:
12 James F. Penman
City Attorney
13 By Ll ~
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Evlyn Wilcox, Mayor
City of San Bernardino
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December 16, 1988
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THIRD AMENDMENT TO AGREEMENT
(Kellogg Library)
THIS THIRD AMENDMENT TO AGREEMENT is made and entered into
this
day of
, 1988, 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, 1988; 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 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,
between the parties as amended is hereby further amended to read
as follows:
28 DAB:cez
December 16, 1988
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"2. Consideration and Forfeiture. The Purchasers agree to
3 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 March 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 shall remain in
possession pursuant to this Agreement, unless such possession is
terminated by the termination of this Agreement."
DAB:cez
December 16, 1988
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2.
Except as amended herein, the original Purchase
Agreement, as previously amended, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties h~reto have executed this
Amendment to Agreement on the day and date first above shown.
7 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:
17 James F. Penman
City Attorney
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December 16, 1988
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