85-010 lot#7 Three Oaks Subdivisoin Lot #7 Purchase by Designed Environ, Ray RossiRESOLUTION NO. 6615
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT WITH DESIGNED ENVIRON,
INC., FOR THE SALE OF SURPLUS PROPERTY
WHEREAS, Designed Environ, Inc. wishes to purchase Lot 7, Shadowhill
Lane for the full price of $111,000 contingent that no sidewalks be required
on Ruppell Place; and
WHEREAS, the City Council accepts the condition and amount offered for
this surplus City property; and
WHEREAS, in lieu of a sidewalk the area will be maintained as a side yard
which will continue the theme of the park;
NOW, THEREFORE, BE IT•RESOLVED that the Mayor and the City Clerk are hereby
authorized to execute the agreement with Designed Environ, Inc. for sale of Lot
7, Shadowhill Lane.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 10th day of June ,1985 by the following
vote:
Vote Members of the City Council
AYES: Gatto, Plungy, Rogers, Johnson
NOES: None
ABSENT: Sparks
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Phil N. Johnson
Mayor, City of Cupertino
X 11I�Tm nC, n '
PURCHASE CONTRACT RECEIPT FOR DEPOSIT �
AND ESCROW INSTRUCTIONS
This Agreement dated this //u =�D 0.ay of \-/Li"k
19 85 , is made by and betwee:1 the CITY OF CUPERTINO
("Seller") and
("Buyer").
RECITALS•
s
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:_�(�y,i
Dollars, $ I _ OCA C)
("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
Lot No. 7 ("Property") of Tract No. 6921
as shown on the map filed October 2, , 19 81 in
Map Book 490 Pages 4[, & 45,
NOW, THEREFORE, the parties hereto agree as -follows:
1. Acreement of Purchase and Sale
C.C.4.0 1
kil
Subject to the terms and conditions as set forth herein,
,1
Seller shall sell and Buyer shall purchase the property
00
for a total purchase price of $ IIIbc)C�
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
v
2. 2 No later than t4i4xt-y_ days 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 V L( ts- ( Title
, o
Company in an amount of $ 0 o o (D c)
(the full amount of the purchase price less
deposit),Dlus 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 Clcsina of Sale Transaction Throuch Escrow
3.1 The purchase and sale of the property sh '1 be
0 ) (��,
completed within -fhr_ (-3-&- days after
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 r�
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 dsly 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: Fvu4'EC -_D 11�
24777 Nicole Lane
Los Altos Hills, CA 94022
(415) 948-3155
Notice shall be deemed to have been given when delivered
personally 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 o: Covenants
Each of the covenants and agreements contained herein
shall, to the extent applicable, survive the close cf
escrow.
11. Successors and Assians
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. Ca'otions
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 Aareement; 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 as `ect 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. 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 FORM:
ty Attorney
APPROVED:
4MayorCitCupertino
ATTEST:
'e"I ") , --�
Cit Clerk
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Euyer•T�. lCT.�rJ�V���� /►J�---��� I((
C.C.4.0 6
June 10, 1985
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Attention: Bert J. Viskovich, Director of Public Works
Re: Lora 7, Shadowhill Lane
We would like to purchase the referenced City property at the
full price of $111,000.00, with the frontage to be .Shadowhill Lane,
contingent that no sidewalks will be required on Ruppell Place which
we would like to maintain as a side yard; also that no sidewalks be
installed in the future by the City. The reason for this request is
that we would like our side yard to continue the theme of the City
park adjoining the property.
Your favorable consideration will be appreciated.
RAY SSI
24777 Nicole Lane
Los Altos Hills, CA 94022
(415) 948-3155