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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.' Q 3 7P,AC'r- (o 0A,•S z V� u, U S �-I n ]:)Ov./,-1 , Ll- L. n l F c.o (.0 2 +i" 4 - n