85-010 lot#2 Three Oaks Subdivision Lot #2 Purchase by John R. and Lois M. Hall Reso 6578RESOLUTION NO. 6578
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF GRANT DEED,
' LOT 2, TRACT 6921, THREE OAI{S SUBDIVISION,
JOHN R. HALL AND LOIS M. HALL
WHEREAS, the City of Cupertino, placed for sale several lots in the
area known as Three Oaks Park; and
WHEREAS, said Council accepted bids and approved of sale of parcel
commonly known as Lot 2, Tract 6921, filed October 2, 1981, Map Book 490,
Pages 44 and 45, Santa Clara County Records, in the amount of $111,000.00;
and
WHEREAS, John R. Hall and Lois M. Hall, his wife, submitted said
amount realizing that construction is limited to a one story dwelling
subject to requirements of the City of Cupertino;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and the City Clerk to execute the
Grant Deed, escrow instructions, and escrow settlement sheet on behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 20th day of May, 1985 by the following vote:
Vote Members of' -.the City Council
AYES: Gatto, Plungy, Sparks
NOES: None
ABSENT: Johnson, Rogers
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Reed _ Sparks
City Clerk Acting Mayor, City of Cupertino
THIS IS TO CERTIFY r
OF' LIMENT IS A TRUE
OF THE ORiGI AND CflKRECT;jnI
L ON FILM IN THIS OFFICE:.
AT'T'EST
CITY CL 19_�I
_ F TSE GITY"OF C
TING
8 Y
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�:
City of Cupertbio
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
OFFICE OF THE CITY CLERK
April 10, 1985
Mr. & Mrs. John R. Hall
1135 Hopkins Avenue
Palo Alto, CA 94301
AGREEMENT
Dear Mr. and Mrs. Hall:
P.O. Box 580
Cupertino, California 95015
We are enclosing to you for your files one (1) certified copy of
Exhibit "C" Purchase Contract Receipt for Deposit and Escrow Instructions,
"Agreement by and between the City of Cupertino ('.'Seller") and John R. and
Lois M. Hall ("Buyer.").
Sincerely,___
DOR THY CORNELiUS
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
EXHIBIT "C"
PURCHASE CONTRACT RECEIPT FOR DEPOSIT
AND ESCROW INSTRUCTIONS
This Agreement dated this day of rn64 V-cLt
19 �D is made by and between the CITY OF CUPERTINO
(
"Seller") an d
.1 e
("Buyer").
RECITALS:
1. Pursuant to the appropriate provisions of the
California Government Code, Buyer has made a bid to
purchase the property described herein and Seller has
accepted such bid.
2. Seller has received from Buyer the sum of: L:5(fiv&
Dollars, $`_C) M Q
("Deposit") evidenced by a certified or cashier's check
payable to the CITY OF CUPERTINO, as a deposit on
account of purchase of that certain real property
situated in the City of Cupertino, County of Santa
Clara, State of California, described as Lot
1'— (
"Property") of Tract No. 6921
as shown on the map filed
Map Book 490 , Pages 44 & 45,
19 in
NOW, THEREFORE, the parties hereto agree as follows:
1. Agreement of Purchase and Sale
C.C.4.0 1
Subject to the terms and conditions as set forth herein,
Seller shall sell and Buyer shall purchase the property
for a total purchase price of 1DD<D• fl CD
2. Payment of Purchase Price
The purchase price for the property shall be paid as
follows:
2.1 Buyer has already pai eller a deposit of
D.
2.2 No later than th=t- ays after this agreement
is executed Buyer shall deposit with the Escrow
Holder for delivery to Seller at close of
escrow, cash or a certified or cashier's check
made payable to Title
Company in an amount of $ � � �� C , ,, e-),
(the full amount of the purchase price less
deposit).plus closing costs necessary to close
escrow. In the event that Buyer fails to
deposit the total cash -required within the time
specified, Seller shall retain $5,000.00 of the
previously paid deposit. The time specified
may be extended by mutual agreement between
Buyer and Seller.
3. The Closing of Sale Transaction Through Escrow
3.1 The purchase and sale of the prope ,t ll be
completed within - - �) -days a%te
executing this Purchase Contract Receipt for
C. C. 4. 0 2
Deposit. The closing of the sale shall be
through an escrow to be opened at the following
title company ("Escrow Holder"):
Valley Title Co.
10625 S. De Anza Boulevard
Cupertino, CA 95014
3.2 Instruments in respect to the purchase and sale
shall be deposited in escrow by Buyer and
Seller as follows:
(a) Seller shall deposit, prior to'close of
escrow, a grant deed duly executed by
Seller in recordable form.
(b) Buyer shall deposit cash or a certified or
cashier's check for the amount required to
close escrow pursuant to Paragraph 2.2 of
this agreement.
8. Notices
Any notice, request, demand, instruction or other
communication to be given to any party hereunder shall
be in writing and delivered personally, or sent by
registered or certified mail as follows:
Seller: CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95014-0580
C.C.4.0 3
Buyer: f� I-�0`tS 1 u►. 'iRA l 1
►�Ki"m 4V e
Notice shall be deemed to have been given when delivered
persgnaIly or two days of ter mailing to the above
address.if mailed. No notices shall be effective unless
and until all persons entitled to notice have been
notified in accordance with the foregoing. The
addresses and addresses for purposes of this paragraph
may be changed by giving written notice of such change
in the manner provided herein for giving notice. Unless
and until such written notice is received, the last
address and addressee as stated by written notice, or as
provided herein if no written notice of change has been
sent or received, shall be deemed to continue in effect
for all purposes hereunder.
9. Further Assurances
Buyer and Seller agree that at any time, or from time to
time after the execution of this Agreement and whether
before or after the close of escrow they will, upon
request of the other, execute and deliver such documents
and do such further acts and things as such party may
reasonably request in order to effect fully the purposes
of this Agreement.
C.C.4.0 4
10. Survival of Covenants
Each of the covenants and agreements contained herein
shall, to the extent applicable, survive the close of
escrow.
11. Successors and Assigns
This Agreement shall be binding upon and inure to the
benefit of each of the parties hereto, and to their
respective successors and assigns.
12. Captions
r
The captions in this Agreement are inserted only as a
matter of convenience and for reference and in no way
define the scope or extent of this Agreement or the
construction of any provisions herein or of any document
or instrument referred to herein.
13. Time
Time is of the essence in this Agreement.
14. Entire Agreement; Amendments
This Agreement embodies the entire Agreement and
understanding between the parties relating to the
subject matter hereof and may not be amended, waived or
discharged except by an instrument in writing executed
by the party against which enforcement of such
amendment, waiver or discharge is sought. This
agreement supersedes all prior agreements and memoranda.
The invalidity of any one of the covenants, agreements,
conditions or provisions of the Agreement, nor any
C.C.4.0 5
Portion thereof, shall not af_`ect the remaining portions
"b) thereof or any part hereof and this Agreement shall be
construed as if such covenant, agreement, condition or
provision had not been inserted herein.
15. Attornev's Fees
Should any suit be brought to enforce the terms of this
Agreement or any obligation herein expressed, the
prevailing party shall be entitled to reasonable
attorney's fees, costs and expenses herein incurred.
APPROVED AS TO FO
C _P4, City Attorney /
APPROVED:
or Cit
y,of Cu
yp rtino
ATTEST:
City C? C�
C.C. 4.0 6
uy
— -
C.C. 4.0 6
CIIREI; OAKS SUBDIVISION
1111 that certain real property situate in the City of Cupertino, County
Of Santa Clara, State of California, more particularly described as
Follows:
A11. of bots 1 through 7 as shown upon that certain Tract No. 6921, Three
Oaks Subdivision, which map was recorded in Book 490 of Maps at Pages 44
and 45, Santa Clara County Records.'
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