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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 Y CIT L RK - �: 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.' Q 3 7P.ac'r r°' I-- 71FE.E Ont':; Z l? �U J U 1" t ODS W 5HAANTDO 11-1IL1_ t.nt iF I O r 2 3 4 A O foo fo O (- 0 r