85-010 lot#4 Three Oaks Subdivisoin Lot #4 Purchase by Craig A. ClarkEXHIBIT "C"
PURCHASE CONTRACT RECEIPT FOR DEPOSIT
AND ESCROW INSTRUCTIONS
This Agreement dated this J ( day of !%%%hC//
19 �: y ,
is made b and between the CITY OF CUPERTINO
("Seller") and
("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:'--
Dollars,
f:%
Dollars, S % D, Deb, �m
("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,,f State of California, described as Lot (s ) 1 through 7
("Property") of Tract No. 6921
as shown on the map filed , 19 in
Map Book 490 , Pages 44 & 45.
NOW, THEREFORE, the parties hereto agree as follows:
1. Acreement 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
2. Payment of Purchase Price
The purchase price for the property shall be paid as
follows:
Z.1 Buygr has already paid Seller a deposit of
$ ��\
2.2 No later than
t.y days of to tic�
is 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
X made payable to % ;' � .�� ► �;�,-� Title
4. .
Company in an amount of $ /Z r,
(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 property s -hail be
I,►!a?fir o
completed within tia�--�.t_y (-3.0,) days after 1
executing this Purchase Contract Receipt fpr
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"): G -4-r'
C,
C .
_1.0.69 S S _ nA_An-za-Bz LLevard`O 70 S , Lie CIA;
-Cup e-r-t ino-,-_._CA__ 95 014
r��L��,.
S. 2 Instruments in respe t to the purchase and sale �y �,,� byZ''°✓
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.
S. 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: T! (,, A I C W
c,J —700 — Z 3 —7 g
Notice shall be deemed to have been given when delivered
persgnally or two days after 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 c 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 Acreement; 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 affect the remaining portions
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. Attorney'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 FORM:
City Attorney
ATTEST:
C ty Clerk
C.C.4.0
[.1
APPROVED:
ity of Cupertino
G ✓
Buyer
THREF, OAKS SUBDIVISION
All that certain real property situate in the City of Cupertino, County
Of Santa Clara, State of California, more particularly described as
follows:
All 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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