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Suniga, Hope . . QFFER TO ~~~L R~~L PR\)PERTY The Clty of Gilroy hereinafter referred to as the !lCity" and Hope Suniga, Iness Martinez, Raymand Vasquez and Josephine Ojeda hereinafter referred to as the "Offeror" agree as follows: 1. 'This document and. a grant deed is delivered to Walter J. Doyle, or his agent, by the Offeror for acceptance or return by the City. 2. The property, which is described on the attached Exhibit A, wlll upon acceptance by the City be acquired for $ \ t 'tV\C,\(,;t'J If-IJ)) 1:\)/ FIl)t;,., ~JCl)t\t:..\) ~'l) ~}"---~ollars ($ bi ~OC:J-"Q ). / 3. The property win be conveyed free and clear of all liens and encumbrances except exceptions numbered two as shown on a preliminary title report issued by the Title Insurance and Trust Company under Escrow No. GY - 320936, dated February 10, 1969. 4. Ex?ense5 The City shalL-pay all costs of escrow, revenue stamps, if required and authorized, and title insurance policy expenses. Said escrow costs shall not, however, i.nclude usual and customary reconveyance fees, trustee's fees, forwarding fees, or penalty (if any), for payment in full in advance of maturity incurred in connection with discharge of any note secured by a deed of trust or mortqaqe, which costs shall be paid by the Optionor. 5. This offer shall remain in effect exclusi va and irrevocable for 120 days from the da.te hereof and thereafter until 30 days after receipt by the City of written notice of the Offeror's intention to terlninate this offer. 6. The balance of un.paid principal and interest due on any note or notes secured by mortgaqa or deed of trust on the real property, and any prepaid penalties toqether with trustee's fees, costa of recording, if any, shall be deducted from the total purchase and paid to the persons entitled thereto. 7. At any time prior to the terrnimtionof this offer ,th.e City may at its option elect to acquire the said property by condemnation and :filinq of an action in eminent domain rather than by purchase and conveyance through said escrow. L'1. such event, the Offeror aqrees that the judgment for the total amount 01 damages to be awarddd. for the takinq of said property in fee shall not exceed the sum set forth in Paraqraph 2 above. 8. Any and all loss or daJnage to the real proPJ rty or any improvements thereon occurring prior to the recordation of the deed shall be at the ri.sk of the Offeror. 9. The Offeror shall retain possession of the property to be conveyed up to and including the dale of recordation of deed. All rents derived from said property up to and including said date shall be paid to the Offeror, but all rents paid for QCcupancy after said date shall be paid to the City. Either party hereto collecting rents to which the other party is entiUed shall forthwith pay such amoWlt to the other as is necessary to comply with the proVisions of th.is paragraph. "- 10. '!be Offeror warrants that there are no oral or written leases on aU or any portion of the property exceeding a period of one ~onth and the Offeror further agrees to hold the City harmless and reim- burse the City :for any and all of its losses and expenses occasioned by reason of any lease of said property held by a tenant of the Offeror for a period of more than one month. 1. 'This agreement shall be binding upon and inure to the henan t of the heirs, successors and assigns of the parties hereto and the City is expressly given the right to assign this aqreement and its rights hereunder. Dated: // - / N (J /\.~?'~~,."~' /1/ J<f" ;;~~_/'-,;v' . '" ..~. !~7./~ -' L _ "'~~~/?L>-7~7!r~f4'<;'/~ b /j // ""~ / v~ , ./: .f? ~~~ -'Yr. ". 'fl..~. . . r. -- IL') J / 0 <X'. V f I _ ~. l . l.J Jf=2- - J- 5" t .~ Offerol~ Recommended for Acceptance: T.tIE CITY OF GILROY: By Application No. GY-320936 A EXHIBIT A All that certain real property situate in the City nf Cilroy, County of Snnta Clara, State of California, described as follovs: P ,\ rCE L 0NE HEGI~NIN(; at an iron pIpe in the southerly line of a 20 acre tract of land conyeycd to Peter Rasarlch by deed recorded in 1-1ook 246, at P;lC;C 137, Santa Clara Connty Records, distant thereon South 880 36' I"cst 1144.006 feet from the most northh'esterly corner of the b.03 <lcre trrrct of land conveyed by Buehler to Cavin h;' deed recorded ~!arch 12, 1~)45, under I~ecorder's Serial \0.339403, nnd running thence along said southerly line of s.,id 20 acre tract, South R80 36' hest 97.248 feet; thence ~nllth 10 24 I East 446 fec-t approxiJ1l:1tely, to the common line het\,-een ranch lots 24 :Inn 25, as said lots (lre "hO\'ll1 by \lap ;\;0. 7, accorpanying the fini1l report of the referees in the Las Animas Partition suit, .\ction \n. 5 5 :; (, i n t 11 e S \Ill(' r i 0 r r. 0 u r t 0 f the Co u n t y 0 f S (1 n t a C Llr a, S tat e () f C~lifnrnia; thence :Il()r:1~ s:lid COT11lilOn line North 89037' J:nst 97.2(,2 rcet to the nremises nf Baty; thence !JortI. IO 24 I h'cst ill () 11 l' the I..' est e r 1 y 1 in e 0 f t he n r C f:1 is e S 0 f Bat y tot h e poi n t 0 f !, e pin n i n (~ . Pt'\r~CJ:I. Tl\'() _\ non-exclusi,'c easement for inr;ress ~n<l crress over a strir of lrln(1 50 feet in I.:idtlt, extendini~ {ron ~:onterey P,nad to !\'rell .\ve n u e, ~ II d 1 Y i n .~i l'1TTl cd i n tel y Sou tho r rt n d con t i ~ 11 0 11 ~ tot he :\nrtherlv line nf the n:uccl of lilnci cOn\~eYed t.v :'. F. ThoF'ils to :\rtnllr n. l~lIehler hy deed recorded ;\!"rl 1 Z', 1927 in nook :i07 nfficinl Hecords', na('Je 46:), :1S c:r:lntec1 in t11e deed from] " Cru1'l1, e t 1] x toT r :1 n c i to' r il S <1 U C :, r c c (1 r d e d : 1;:l v 2 (1, 1 9 5 R 1 n T~ 0 0 k 4 (I 8 1 nfficlal Records, oage b64.