85-010 lot#5 Three Oaks Subdivision Lot #5 Purchase by Robert M. GregoryEXHIBIT "C"
PURCHASE CONTRACT RECEIPT FOR DEPOSIT
AND ESCROW INSTRUCTIONS
This Agreement dated this day of �'LN�
19 ��,
is made by and between the CITY OF CUPERTINO
("Seller") and 62' n
0
("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,
("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(s)1 through 7
("Property") of Tract No. 6921
as shown on the map filed 19 in
Map Book 49Q Pa '
' ges & 5.
NOW, THEREFORE, the parties hereto agree as follows:
I. Agreement of Purchase and Sale
C. C. 4. 0 1
Subject to the terms and conditions as set forth herein,
09) Seller shall sell and Buyer shall purchase the property
for a total purchase price of
2. Pavment of Purchase Price
The purchase price for the property shall be paid as
follows:
2.1 Buyer has already paid Seller a deposit of
$ ouv``�-
2.2 No later than
day of to thi's ,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 6gn- Allir- CA
Title
j 111 C-UjD6&7,g10
Company in an amount of
(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 shall be
completed within t r_-ty (40-) days after
executing this Purchase Contract Receipt
C.C.4.0 2
Deposit. The closing of the sale shall be
through an escrow to be opened at the foilwing'
title company ("Escrow Holder"):
(-
v-a-lley-T±t-re Co . I CG 7Q
10625---S: De-Anza-Boulevard ��•
Cupertino; CA— 95014 C-(1 p�i�7-7,d p/ CA&tr
�6e ��,� ,�
3.2 Instr = in respect to the purchase and sale
shall be deposited in escrow by Buyer er 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
24
C.C.4.0 3
Buyer: AG r e"
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.
d
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
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
kil
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:
ity t o ne
ATTEST:
City Clerk
4�0
C.C.4.0
APPROVED:
tL-`
y of uupertino
TIIREF OAKS SUBDLVISION
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 Lots 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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