HomeMy WebLinkAboutAgr 1993-12-23 (Robert and Trudy Kleinert)AGREEMENT
Recitals
1. On September 24, 1981, the Town of Tiburon ("Town") entered into an agreement
("the 1981 agreement) with Robert L. and Trudy G. Kleinert (The Kleinerts), whereby the
Town agreed to sell and the Kleinerts agreed to purchase certain real property.
2. The 1981 agreement was amended in part on February 24, 1982.
3. On December 15, 1993, the Tiburon Town Council accepted the amount of
$235,000 as payment in full on the Town's deed of Trust pursuant to Paragraph 3 of the
1982 agreement.
4. On that same date, the Town Council also authorized the Mayor to execute an
agreement releasing the Kleinerts from the 1981 agreement and continuing the Town's right
of first refusal to purchase the property.
IT IS AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. The Kleinerts have satisfied all obligations under the 1981 agreement, as
amended, and based on that satisfaction, the Town releases the Kleinerts from all
obligations of that agreement.
2. At such time as the Kleinerts desire to sell, exchange or otherwise dispose of the
property purchased from the Town of Tiburon (including all improvements thereto), they
shall first offer the same to the Town, setting forth in writing the terms of said proposed
sale, exchange or other transfer. The Town Council shall have thirty (30) days following
receipt within which to accept said offer. In the event the Council decides not to accept
said offer, it shall, not later than thirty (30) days following receipt, so notify the Kleinerts,
in writing, and the Kleinerts shall, for a period of six (6) months thereafter, then be entitled
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to sell said property upon the identical terms and conditions (and no other) upon which
they offered the property to Town. In the event of such subsequent sale to a third party,
the Kleinerts shall, upon demand, furnish Town with copies of the instrument of sale as
well as of all documents deposited into escrow. In the event the Kleinerts thereafter desire
to alter the items and conditions of sale to said third party, or to sell following the six (6)
month period, they shall re-offer the property to Town, upon the same or the new terms and
conditions, as the case may be, and the Council shall then have thirty (30) days thereafter
within which to accept said offer. In the event the Council decides not to purchase said
property, the same procedure as hereinabove set forth shall be followed. In the event the
Kleinerts propose to sell, exchange or otherwise dispose of the property for a consideration
other than cash, Town shall have the right to have other consideration appraised for its fair
market value thereof.
IN WITNESS WHEREOF, the parties have entered into this agreement at Tiburon,
California, this r,S day of December, 1993.
TOWN OF TIBURON
By:
MICHAEL FRIEDMAN, MAYOR
ROBERT L. KLE ERT
TRJJDY G. KLEINERT
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