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CI.. I OF SAN .BRNARD.....O - RBQUL,-"T FOR COUNCIL AC',,40N
From:
Denice E. Brue
Assistant City Attorney
City Attorney
October 12, 1988
Subject: 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
.Dept:
Data:
Synopsis of Previous CouncilllCtion:
At the last Council Meeting on October 3, 1988, the Council, by
motion, approved an extension to the Agreement for the sale of the
Kellogg library property for 30 days to November 1, 1988. Due to the
necessity of additional staff work needed for the Ways and Means
Committee to make its recommendation and because the terms of this -.
agreement would come due prior to the first Council Meeting in November, -
the agreement needs to be extended an additional 30 days to
," December 1, 1988.
Recommended motion:
Adopt the resolution.
o G
UJ~ U
Signature
:-
Cc,:,ltllt penon:
Denice E. Brue
Pho..: 384-5355
Support.... ... .tt.....:
FUNDING REOUIREMENTS:
W.d:
6
AInount:
Source:
(ACCT. NO.)
(ACCT. DESCRIPTION)
-'
Fin....:
'IS 0 iff l' 11) III
.JAG .lnMGY-...~iV
Council No...:
Agenda Item No.
~3
71...11
CI\ # OF SAN BBRNARDblO - R_QURWT FOR COUNCIL AC1"fON-
STAFF REPORT
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 )
At the last Council Meeting on October 3; 1988, the Council,
by motion, approved an extension to the Agreement for the sale of
the Kellogg library property for 30 days to November 1, 1988. Due to
the necessity of additional staff work needed for the Ways and Means
Committee to make its recommendation and because the terms of this
agreement would come due prior to the first Council Meeting in November,
the agreement needs to be extended an additional 30 days to December 1, 19880
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RESOLUTION NO.
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 rOLLLOWS:
day of
Council of the City of San:.
!
~~
meeting thereof, held on J--
;1
, 1988, by the following'
Bernardino at a
adopted by the Mayor and Common
the
vote, to wit:
AYES:
NAYS:
ABSENT:
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DA8:cez
9/29/88
Council Members
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City Clerk
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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
day
of
, 1988.
'j'
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
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9/14/88
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:t.
SECOND AMENDMtNT TO AGREEMENT
(Kellogg Library)
THIS SECOND 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 purchasej
and sale of certain real property described in an Agreement dated
June 30, 1983: and
WHEREAS, said Agreement requires that the entire purchase;1
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price be due and payable on or before July 1, 1988: and G
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WHEREAS, on August 11, 1988, the parties amended said~
Agreement to extend said deadline until October 1, 1988, and IJ.
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.
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1. Paragraph 2 of the Agreement dated June 3, 1983"1
between the parties as amended is hereby further amended to read,:ll
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
as follows:
"2. Consideration and Forfeiture. The Purchasers agree to;
pay for said premises the sum of FIFTY THOUSAND DOLLARsG
J,ll
($50,000), payable as follows: Porty-Five Hundred DOllars!;1
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($4,500) here~ofore paid by Purchasers and ~heir predecessors in
~i~le, pur.uan~ ~o ~he lease wi~h op~ion ~o buy previously in
agreemen~ as ~o this proper~y, whereunder lease paymen~s 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
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in installments including interest on all unpaid principal from~
)
date hereof until date of payment a~ the rate of seven percent I
(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, a~ which time ~he entire]
balance of principal and interest outstanding shall be paid in'i
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full. The amount of the final paymen~, however, shall be the;'
total of the principal and in~erest then due. All payments to be~
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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 lj
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actual execution of ~his Agreement, which paYments shall be~
applied as payments on this contract. Possession has previously;
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been delivered to the Purchasers, and purchasers shall remain in~
possession pursuant to this Agreemen~, unless such possession is
terminated by the termination of this Agreement."
2.
Except as amended herein,
the original Purchaset
~,
Agreement, as previously amended, shall remain in full force and
effec~.
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.}
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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 OF SAN BERNARDINO
City Clerk
Approved as to form
and legal content:
DAB: cez
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By
Evlyn Wilcox, Mayor
PURCHASERS:
By
Yvonne Everett
By
Tamario Funn
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