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HomeMy WebLinkAboutRiverside Highland Water Company Stock PURCHASE AND SALE AGREEMENT (Riverside Highland Water Company Stock) This Purchase and Sale Agreement ("Agreement"), dated this24day of April, 2012, is entered into by and between Fred Lam and Shirley Lam ("Seller") and the City of Grand Terrace, a California Municipal Corporation ("Buyer"). Buyer and Seller may be individually referred to as"Party"and jointly as the"Parties". RECITALS A. Seller warrants that Seller is the sole owner of four (4) shares of capital stock of the Riverside Highland Water Company("Capital Stock"). B. Said Capital Stock is designated for use at 21937 Grand Terrace Road in the City of Grand Terrace, on and impertinent to Account#01048-01. C. Seller desires to sell, and Buyer desires to purchase, the Capital Stock, at a price of Two Hundred Dollars ($200.00)per share plus charges on the account of$63.80. NOW,THEREFORE,for good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,Buyer and Seller agree as follows: 1. The foregoing Recitals are true and correct and incorporated herein as if set forth in full. 2. Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer the Capital Stock, together with the attendant rights, powers, and privileges pertaining theeretoa. Upon payment by Buyer to Seller of the amount of Eight Hundred Dollars ($800.00), p ym by Buyer of Sixty-three Dollars and eighty cents ($63.80) to Riverside Highland Water Company, Seller shall immediately execute a Stock Assignment Separate from Stock Certificate (in the form attached hereto as Exhibit A) for the Certificate No. J4 representing Capital Stock in the Riverside Highland Water Company, and convey said Capital Stock to Buyer. 3. The Parties agree to take whatever actions are required if any, by the Riverside Highland Water Company to formally effectuate the sale and assignment of the Capital Stock. Each of the Parties hereto shall execute and deliver any and all additional papers, documents, instruments and other assurances and shall do any and all other acts and things reasonably necessary to carry out the purposes of this Agreement and the intent of the Parties hereto. 4. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notice sent by mail shall be addressed as follows: If to Buyer: If to Seller: City of Grand Terrace Fred and Shirley Lam Attn: Community and Economic 6-1 t c414 eels- Development Director NCj b 1-2 f a ct 22795 Barton Rd. Grand Terrace,CA 92313 • ,age 2,Purchase and Sale Agreement between the City and Fred and Shirley Lam Exhibit A Form of Stock Assignment Separate From Certificate (attached) Page 2,Purchase and Sale Agreement between the City and Fred and Shirley Lam changed,written notice shall be given within five(5)working days of said changes. 6. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Venue for any legal action brought by either Party for the breach of this Agreement shall lie exclusively in the Superior Court of California for San Bernardino County, California. The prevailing Party in such legal action shall be entitled to reasonable attorneys' fees and costs. 7. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and their respective successors and assigns. 8. This Agreement contains the entire agreement between the Parties with respect to the subject matter herein. All modifications,additions or amendments to this Agreement shall be in writing and signed by the Parties hereto. 9. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, this Agreement has been executed by the Parties on the dates set forth under their respective signatures below, notwithstanding that this Agreement is dated for convenience and reference as of the date and year first written above. "SELLER" "BUYER" City of Grand Terrace ,,/ __ By: /v By: G(l 6(J Fred Lam 6 Bets .A ams,City Manager By: gtVAA �jOI V`'---- Date: April.7C2012 Shirley Lam/ U Date: April 1) ,2012 Approved as to form: Richard L.Adams City Attorney l tJFP6#to( (``Cht4H i�p� F D t. > 12374 Michigan Street • Grand Terrace,CA 92313-5602 • (909)825-4128 • FAX(909)825-1715 4rf 11P Olip STOCK ASSIGNMENT SEPARATE FROM CERTIFICATE FOR VALUE RECEIVED, the undersigned hereby sell, assign and transfer unto. *****4****"Shares of the WATER STOCK of the RIVERSIDE HIGHLAND WATER COMPANY standing in *****Fred&Shirley Lam***** name(s)on the books of said Corporation represented by Cenificate(s)No. *****24949***** Dated Signature The slenature(s)on this assignment must correspond with the name(sl on the face of the certificate in every particular,without alteration or enlargement,or any change. Aces( 01048-01 Unused Shares