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7.8.3 By Mutual Consent. If both Employee and City agree in <br /> writing the real property may be sold. <br /> <br /> 7.9 Distribution of Equity Upon Sale. Upon the sale of the primary <br /> residence (or a replacement home as described below) the proceeds of the sale <br /> shall be divided between Employee and City as follows: <br /> <br /> 7.9.1 Deductions. The costs of sale including, but not limited to <br /> escrow fees, real estate brokers' fees, and related other expenses shall first be <br /> deducted from the gross sales price. The remainder shall be called the net sales <br /> price. <br /> <br /> 7.9.2 Equity Shares. The respective equity shares shall be <br /> calculated by determining the percentage equity share of Employee and the <br /> equity share of City and multiplying such percentage by the net sales price. <br /> <br /> 7.9.3 Employee's Net Equity Share. From the product of <br /> multiplying Employee's equity share by the net sales price comes Employee's <br /> equity share. From Employee's equity share should be subtracted the <br /> outstanding balance of the Loan Amount, together with any accrued, but unpaid, <br /> interest, which amount should be paid to City. <br /> <br /> 7.9.4 City's Net Equity Share. City shall be paid any remaining <br /> money after the deduction of Employee's net equity share described in <br /> Paragraph 7.9.3 above. <br /> <br /> 7.9.5 Example. Assume, as in the previous example, the home <br /> was purchased for $800,000, consisting of Employee's Equity Share of $600,000 <br /> and City's Equity Share of $200,000. Costs of sale are $125,000. The out- <br /> standing balance of the loan at the time of the sale is $175,000. <br /> <br /> The net sales price of $1.075,000 would first be calculated by <br /> deducting the costs of sale of $125,000 from the gross sales price of $1,200,000. <br /> <br /> The net sales price would then be multiplied by 75%, resulting in a <br /> calculation of Employee's equity share of $806,250. The outstanding balance of <br /> the Loan ($175,000), together with any outstanding interest accrued, is <br /> subtracted from Employee's equity share and paid to City. Employee would <br /> receive $631,250, from which Employee would pay any outstanding mortgage to <br /> a lending institution. <br /> <br /> The net sales price would be multiplied by 25%, resulting in a <br /> calculation of City's equity share of $268,750. This amount would be paid to City. <br /> <br /> 7.10 Purchase of Primary Residence. Nothing in this Amendment <br /> or the Agreement shall be read to prevent Employee from selling the real <br /> <br />F:Atty/Ag r/Amen d 3.Yam arnoto <br />040403 5 <br /> <br /> <br />