Loading...
HomeMy WebLinkAboutReso 46-1984 RESOLUTION NO~ 46-84 CITY COUNCIL' CITY OF SOUTH SAN FRANCISCO~ STATE OF CALIFORNIA A RESOLUTION ACCEPTING THE OFFER TO PURCHASE THE REAL PROPERTY LOCATED AT 822 WEST ORANGE AVENUE WHEREAS~ pursuant to Resolution No~ 157-83 of the City Council adopted on November 2', 1983', bids were publicly opened~, examined and declared on February 27~, 1984 for the purchase of the real property described as follows: "Lot 160', as designated on the map entitled "SOUTHWOOD MAP NO~ 3 SOUTH SAN FRANCISCO', CALIF'~''', which map was filed in the office of the Recorder of the County of San Mateo~ State of California; on March 8', 1945 in Book 24 of Maps at page 40~" (hereinafter the "Property"); and WHEREAS~ by Resolution No¥ 31-84 the City Council rejected the only bid received for the purchase of the Property and directed the Purchasing Officer to offer the Property for sale on the open market at a price equal to or greater than the fair market value thereof; and WHEREAS~ it was determined by the Purchasing Officer that the fair market value of the Property was One Hundred Eight Thousand Nine Hundred Fifty Dollars ($108~950~00); and WHEREAS'; THE Purchasing Officer', pursuant to Resolution No~ 31-84', did offer the Property for sale at a list price equal to the fair market value as set forth above; and WHEREAS; on March 27; 1984 an offer to purchase the Property was presented to the Purchasing Officer by Roberto and Marta Grelli~, a married couple', which offer was in the amount of One Hundred Ten Thousand Dollars ($110;000~00) and was accompanied by the required nonrefundable deposit and a signed Residential Purchase Agreement and Deposit Receipt; NOW', THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco that' 1~' The Offer to Purchase the Property', which offer is contained in Exhibit "A" attached hereto and by this reference incorporated herein as though set forth verbatim~, is hereby accepted' 2~ The Mayor is authorized to sign all documents necessary to complete the sale of the Property and the City Clerk attest his signature thereto~' 3'' The Purchasing Officer is directed to deliver a copy of this acceptance to the Purchasers',· Roberto and Marta Grelli, by close of business, March 29" 1984'.' 4', The Purchasing Officer is further directed to insure that all necessary measures are taken to open and close escrow for the sale of the Property in a timely fashion~ I certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a reqular meeting held on the 28th day of March ', 19 84 "by the following vote. AYES. NOES. ABSENT. Councilmembers Mark N. Addiego. Emanuele N. Damonte. Richard A. Haffey. Gus Nicolopulos; and Roberta Cerri Teglia None None ATTEST' EXHIBIT "A" 'R~¢~DENTtAL .....PURC,HAS~ AGRE~'iEN-F AND P'~''c?©Sl., .... R~c~iPT " ,"~ I ' ~ ' ~ ~ ", ~ ~-' / ~" ............. ............ ...... ~'.~:~eed b~ Certified Ch?k,~Cashier's Chec~,a ~ }~ '. ...... x---~ ...... r ........ r-~ ......... to be deposite~ ia trust upoa acceptance o[ thi~ offer, 2s~' ~s. it on account of the PURCHASE PRICE of , ~ I ~-0~1 ~~ ~d~K~ ~?~d~~ ~,/ ¢t~dc,,,d ........ f~ real property situated in the City of...~.C.~....~.~.ff..:~:~ : .~.~.].~.~.Q ............. County of..~.E..~.C.e~.. , State of _~ .ed as~.~~.C~ _.~.c. . .... .~.~ ~..~.e.s. LQ~.~.~g~...A~.~.~...$~.u.Ch....S.~.~ . ...... Ec~ e.c ] sc~..~.._~...gA~....t~ _ ~.~ ........ res'i~enC~al Zone e~s~r~c¢ known as Assessor's Parc~l~013-011-o~n ........................................................................................................................................................................................................ upon ~e following TE~S and COHDITIOHS: The Proper¢~ ~s sold ~n i'AS [S,, cond~C~on ~nd no ~rren~ ~s hereb~ g~ven, expressed or implied es ¢o the cond~¢~on of the Real Proper¢~, fha Building(s) or Structure(s) chereon, or the Mech~n~c~l Equ~pmenC or ~ppl~nces ~here~n, or fha services delivered Map,see B~d Package a¢¢eched for furcher ~erms and conJ~¢~ons. . . ~-... ...... ..... ADDENDUM. The following addendum of same date, signed and attached hereto is included in this agreement: Addendum tto ...... ~. ....... Addendum 0',her: ............... ..n..l.a.. ............................ ' ...... FIXTURES. Ali improvements, fixtures, attached wall to wall carpeting, other attached floor coverings, draperies including hardware, shades, blinds, window and 6oor ?.roans, storm sash, combination doors, awnings, outdoor plants, trees and items permanently attached to the real property are included, unless specifically excluded. PERSONAL PROPERTY. The following personal property, on the premises when inspected by Purchaser, is included in the purchase price and shall be transferred in n?rmal working order, unless otherwise stated herein, by a Warranty Bill of Sale to Purchaser at close of escrow: _ti/a. . . ....................................................................................... Z ..... : ..... : .............................................. :..L ......................................................... -- .... ENCUMBRANCES. In addition to any encumbrances referred to above, Purchaser shall take title to the property subject to: ]) Real Estate Taxes not yet due and 2', Covenants, conditions, restrictions, rights of way and easements of record, if any, which do not materially affect the value or intende(t use of the property. Re amount of any bond of assessment which is a lien sl~all be El paid,' ~gXassumed by ...... .BU,yP..IC. ................................ E,'?'":NATION Oi= TITLE. l S (fifteen) days from date of acceptance hereof ~re allowed the Purchaser to examine the title to the property and to zeport in ,'~:!~ any valid objections thereto· Any exceptions to the title which would be disclosed by examination of the records shall be deemed to have been accepted unless '.~': ! in writint~ within said ]5 days. If Purchaser objects to any exceptions to the title, Seller shall use due diligence to remove such exceptions at his own -:¥? ~ before Close of Escr(/w. But if such exceptions cannot be removed before Close of Escrow, all rights and obligations hereunder may, at the election of t~-: ~,,,chaser, terminate and end, and the deposit shall be returned to Purchaser, unless he elects to purchase the property subject to such exceptions. EVIDENCE OF TITLE in the form of)~(a policy of title insurance, [] other: .................................... to be paid for by._.BU.Y.£E.., ......... · CLOSlNO. Within ....4.5.:. days from acceptance both parties shall deposit with an authorized'escrow holder all fun~fs and instruments necessary to 'complete the sale in ~:cordance with the terms hereof. Thereafter, any party, including Agent, may disclose the terms of sale. DEPOSIT INCREASE AND LIQUIDATED DAMAGES. The deposit shall be $1000, at the_t~:m.e/~of the offer ~n the fan of cash' r-..C...e.F.~..i...f...i...e..d......c...h...e...c..k.. ...... By initialing this provision Purchaser:..g:~:..~:.0r... 'and Seller:~'~. ........... agree that in the event Purchaser defaults in the performance of this agreement, Seller shall retain said deposit, or three percent (3%) ~t~e purchase price, whichever is the lesser, as liquidated ~amages far such default. The remainder of the deposit, if .any, shall be refunded to Purcha~ser. ' · OCCUPANCY. Possession shall be delivered to Purchaser: X~ JJpon recordation of the deed. C1 After recordation, but not later lhan midnTght of .......................... 'Jz[ess Sol:er has vacated the premises prior to recordation of the deed, Seller agrees to pay Purchaser $ ............................ per day from recordation to (fate possession 'S ~elTvered end to leave in escrow a sum equal to the above per diem amount multiplied by the number of days from date ef closing to the date allowed for delivery of -;.-'.sessio,~. Said sum to be disbursed to the persons entitled thereto on the.date possession is deliyered. RISK OF LOSS. Any risk of Ios's to the property shall be borne by the Seller until title has been conveyed to the Purchaser. PRORATIONS. Rents, taxes, premiums on insurance acceptable to Purchaser, interest and other expenses of the property to be prorate(f as of recordation of' de'ed. .:.e:urity deposits, advance rentals or considerations .involving future lease credits shall be credited to Purchaser. ~AINTENANC£. Until passe'sion is delivered Seller agrees to maintain heating, sewer, plumbing and electrical systems and any built-Tn appliances and equipment in r:rmal working order, to maintain the grounds and to deliver the property with no broken window or shower glass. NOTICES. By acceptance hereof, Seller warrants that he has no notice of violations relating to the property, from City, County or State agencies. DEFAULT. In the event that Purchaser shall default in the performance of this agreement, unless the parties have agreed to a provision for liquidated damages above. Z-:~ler may. subject to any rights of the agent herein, retain Purchaser's deoosit on account of damages sustained and may take such action as he deems appropriate to cci!eot such additional damages as may have been actually sustained, and Purchaser shall have the right to take such action as he deems appropriate to recover such :;rtion of the deposit as may be allowed by law. In the event that Purchaser shall sO default, unless Purchaser and Seller have agreed to liquidated da,-na~es, Purchaser .,~:-o~.~s to pay to the brol~ers entitled thereto such commissions as would be payable by Seller in the absence of such. default· Purchaser's obligatTon to said brokers shall ~e in addition to any rights which said brokers may have against Seller in the event of default. In the event legal action is instituted by any party to this agreement to -'.-"3roe the terms of this agreement, or arising out of the execution of this agreement or the sale, the prevailing party shall be entitled to receive from the other party' a ':.=.~)le attorney fee to be determined by the court in which such action is brought. PR~ sIONs ON THE REVERSE SIDE. The provisions printedpn the reverse side hereof which are initialed below by P, urchaser are included in this agreement: ..: PEST CONTROL iNSPECTION PAID I~Y ~UYER ..~./_~3. WAIVER OF INSPECTION ~.J'..~.. 5. VA APPRAISED VALUE CLAUSE FI/. . PEST CONTROL INSPECTION PAID BY SELLER ...~../..~4. AS IS, BUT SUBJECT TO BUYER'S APPROVALq/..~... 6. FHA APPRAISED VALUE CLAUSE .~./..~. 1. CONTINGENCY-RELEASE CLAUSE. Subject to sale of Purchaser's real property commonly known as .................................................................................... EXPIRATION. This offer shall expire unless a copy hereof with Seller's written acceptance is delivered to Purchaser or his Agent orl Friday, ["larch 30 TItlE. Time is of the essence of this agreement. · 1984 The undersigned Purchaser hereby acknowledges receipt of a copy hereof and acknowledges further that he bas not received or relied upon ,fotemenf, ~or~ -rel~e$~A~l~flon, by the undersigned Agent. which are not herein expressed.. - ''? - ....... ................... ,.-........t . ....................... ,.. ' _.¢: ,, Joseph .F.i~uei.,Fedo; Property Manager ' ---.--.-.-,~.--,..-.-(~"~-";"~:~'~~~-~,~:-.: -. ~4~Gi;`~i.~`d~j~qi~.F~S5i:i:~T~i~:S~fi~F~f;;~i~§~6~;~C~9~8~ ...... "" '~' ................... ...Purch- ~,er ........................... : ....................................................................................................... Broker ~.~: .... ~."~~.: ..................... : ........................... I~rchaser ACCEPTANCE -' 'r'--e tmdersi?ned Sailer accepts the foregoinj~ offer and al~rees to sell /he herein described property for the price and on tile terms and conditions herein specified iqcTu~- :-.~ ~,.~ p~ovisions on the reverse side initialed above by Purchaser. .¢0: IS$10N. seller hereby agrees to pay to...: ............ .~./...~ ........................................... ]: ............. ] ........................................... lhe Agent in this tr~.~sactior~ ................. '.: ~ ?~[e price for services ren~fered. In the event that Purchaser defaults and fails to complete the sate. the Agent shall be er;tilled lo receive one.haU' of Purchaser'~ · ;:..?. but not more than the commission earned, without prejudice to Agent's rights to recover the balance of the.commission from Purchaser.. The mutual rescissi,-, -: fli,:~ agr.~ement by Purchaser and Seller shall not relieve said parties of their obligations to Agent hereunder. In the-event legal action is instituted to collect ":mmis~.io~.. or an'/ portio~ thereof. Seller ~grees to pay the Agent such additional sum as the court may adjudge reasonable for attorney fees. This e[reement'sha!! nc,,' ':,: as specil'ied herein. Thc. vndersigned Seller hereby acknowledges receipt of a copy hereof. DATED: ............................................................... TI,'~E: .......................... · ................................... J~gent ........................................ , .................................................................... -. ........... Seller :-"~ ............................................................................................. ~ ................................................................................................................................. Seller