CC Resolution No. 00-254 RESOLUTION NO. 00-254
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AUTHORIZING MAYOR TO EXECUTE
PURCHASE OF THE INTEREST OF DONALD BROWN IN
PROPERTY LOCATED AT 10346 SCENIC BLVD. IN THE
CITY OF CUPERTINO
WHEREAS, the City Council by its Resolution No. 7765 adopted on March 6,
1989, caused to be acquired the above-described house and lot to be held jointly with
Donald Brown, the City Manager; and
WHEREAS, Donald Brown has now retired as City Manager and wishes to sell
his interest in said property to the City; and
WHEREAS, the City Council is agreeable to purchase Brown's interest in said
property for the sum of $500,000,
NOW, THEREFORE, IT IS HEREBY resolved that:
The Mayor of the City of Cupertino is authorized to execute on behalf of the City
the attached agreement for the purchase of all of Brown's interest in the above-described
property.
PASSED AND ADOPTED by the City Council of the City of Cupertino
this 2nd day of October, 2000 by the following vote:
Vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Chang, James, Lowenthal, Statton
None
None
None
ST APP E
Deputy City Clerk / fMayor, City of Cupertino
REAL ESTATE PURCHASE AGREEMENT
WHEREAS, the City of Cupertino, hereinafter referred to as "City," through its City
Council adopted Resolution No. 7765 adopted on March 6, 1989 authorizing
the execution of Agreement Regarding Housing Assistance with Donald
Brown, hereinafter referred to as Brown; and
WHEREAS, said agreement and the amendments thereto provided for the acquisition
jointly by City and Brown of the house and lot located at 10346 Scenic Blvd.
in the City of Cupertino (APN 357-08~037) hereinafter referred to as the
Property, to be held as tenants in common; and
WHEREAS, City wishes to purchase and Brown wishes to sell his interest in said
property to City,
IT IS HEREBY AGREED by the parties as follows:
1. Purchase and Sale/Purchase Price
City shall purchase Brown's entire interest in said property for the sum of
$500,000 to be paid in lump sum at time of close. Brown's current loan from the City
shall be canceled.
2. Prorations
Payments on loans, taxes, assessments, and other expenses shall be prorated as
of the date of recordation of the Deed.
3. Closing Date/Escrow
Date of close shall be no later than October 12, 2000, at which time the parties
shall deposit with an authorized escrow holder all funds and instruments necessary to
complete the sale in accordance with the terms hereof. The representations and
warranties herein shall not be terminated by conveyance of the property. Escrow fee
to be paid by City.
4. Lease Back/Possession/Rental
Brown shall be allowed to lease back the property after close until October 31,
2000, at which time he shall deliver physical possession of the property, with all keys
and garage door openers, to City. The property shall be delivered in the good and
marketable condition, normal wear and tear accepted. Brown shall pay as rent the
same amount per day as he is currently paying the City on his existing loan.
5. Condition of the Premises
City has had the opportunity to inspect and examine the property and hereby
waives the provisions of Section 1102 of the California Civil Code regarding Brown's
obligation to provide City with a completed Real Estate Transfer Disclosure
PC/DIR/B/REPA 9-6-00
-- Statement before transfer of title. The City takes ownership of said property in an "as
is" condition.
Access to Property
Brown will provide City with reasonable access to property.
7. Fixtures
All items permanently attached to the property including attached floor
coverings, draperies with hardware, shade, blinds, window and door screens, storm
sash, combination doors, awning, light fixtures, TV antennas, electric garage door
openers, outdoor plants, and trees, are included free of liens.
Time
Time is of the essence of the Agreement.
pest control operator listed below:
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Report
dated
10. Closing Costs
All closing costs shall be paid by the City.
Pest Control Inspection
City accepts the existing pest control report on the property by the licensed
1 I. Spousal Consent
Brown's spouse Cheryl Brown, hereby consents to this agreement and shall
execute any and all documents necessary to transfer full and complete title to City
before close.
Dona'Id Brown4"~ '
~/{~~ Date:~/l{/IV'{]
Chery~r~)wn
Approved as to Form
Charles T. Kilian, City Attorney
Date
PC/DIP,/B/REPA 9-6-00