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HomeMy WebLinkAboutSeller's Counter Offer SELLER'S~UNTEROFFER TO SALE ACltEEMENT AN. .iECEIPT FOR EARNEST Ml EY 'Earnest Money Receipt No. 345457. Date of Sale Agreement: Oc t . 01S , 1995 Buyer: City of Ashland Seller: Ma!"'itH"l Il'IIperetrice, Karen White and Kimberly Whlt:~ Property Address: The IlIlperat;rice r'i!tnch property, oFF Butler Crk Aoadt 4.9f-11 nd. Seller rejects Buyer's offer and makes the following Counteroffer. All terms and conditions of Buyer's original offer not modified below are approved by Seller, and are incorporated into this Counteroffer by this reference. Purchase Price shall be $ lee Bs 1 ow , with a downpayment of $ See Be 1 ow , and the balance of$ -0- payable as follows: S.11er'. Count~roFFer 8S outlined below ehall reFlect two alternetlves For Buyer to consider: 1. Sale of approxlmetely 828 Acre., more or l~s&, rell tax lots as li9ted on lin&~ 5 ~ a of 3ele Contract, with the exception of ~s 1E 34 T.L #100, epproxi..tely 376.3 acres}. 2. Salo of approximately 1,2a4 Acres, more or 1es9, (sIl tax lots listed on lines 5 $ G of P~ge #~ of 3g18 Contr~ct). 1. Purehas. price shall be $957,~OO, For alternative #1, e28 Acre., more or lee.. ""r. ..... Pa!;lS ..."..,... 2. Purchase prioe shall be $1,240,000. for .lternative 1,204 AcreE, more or les.. Either slterna~h'u shall be en all o~sh trsn..C?_tlon, peyabl" ~, --, entirely in c&sh to Seller. or to Sellerts~~c!lttator ~t close of .scrow. Tht. sale shall be part of B '031 Tax Oe 3rrad Exch3nge For Seller. at no coat or liability to p/:l""\"J r.: ;:of For additional details, see attached Exhibit C~~;(ll""'~ The Seller may continue to market the property until receipt by Seller or Seller's authorized agent of a copy of thisCounte fer~"" duly accepted and signed by Buyer. "Receipt," means delivery in p~rson, by mail, or by facsimile, _ "". . Unless this Counteroffer is accepted on or before No v . 15 , , 19 ~ at 5.00 AIM / PM, it shall be deemed revoked and deposit shall be returned to the Buyer. Seller's acceptance of another offer, prior to receipt of this accepted Counteroffer, shall revoke this Counteroffer. If Buyer accepts this Counteroffer, Seller shall pay Listing Broker for services rendered: D the sum of $ in cash at closing, or ~see separate Fee Agreement. Seller grants Broker a lien on the proceeds of sale to secure payment of that sum. Seller authorizes Broker to order a preliminary title report from Jeckson CQunty T i. t 1. ~ Patty Gray at SeHds expense and authorizes Broker and JeT (escrow closer) to payout of cash proceeds of sale the expenses of furnishing title insurance, SeHer's recording fees, Seller's closing costs, brokerage fee, and any encumbrances on the property payable by Seller on or before closing. SELLER ACKNOWLEDGES RECEIPT OF A COMPLETEL Y FILLED IN COPY OF THIS AGREEMENT WHICH SELLER HAS FULLY READ AND UNDERSTANDS. If Buyer fails to timely complete the sale, earnest money disbursements, if applicable, shall be distributed as follows after deduction of any title insurance and escrow cancellation charges: SELLER SO %, BROKER SO % to the extent of Broker's total fee with residue to Seller. If this is a co-op transaction, fee divided as foHows: LISTING BROKER "50 %, SELLING BROKER 50 %. t- SeHer A's Signature Seller A's Address Date \.; ; " 1(.(') Seller B's Signature SeHer B's Address Date ... Zip Zip~ t ; ~/ 1 ~ , Seller A's Soc. Sec.# or Tax ID# Seller B's Soc. Sec.# or Tax ID# {i Seller A's Phone: Residence Seller B's Phone: Residence SeHer A's Phone: Business Seller B's Phone: Business /~ Date 19 . at AM / PM D Buyer APPROVES apd,ACC~PT~ o Buyer REJECTS theCounteritJ~ ($'(..' ^ ~. / v">- Buyer A's Soc. sec.~,6'~!J~~ Buyer B's Soc. sec~ lD# . E...-\. ./ Seller acknowledges receipt of a complete copy of this Counter- .. BUYER'S RESPONSE TO SELLER'S COUNTEROFFER: Buyer A Buyer B .. Ul CJ) ~ :> OJ a: C') o o a. LL LU a: DELIVERY TO SELLER AFTER BUYER'S ACCEPTANCE: offer with Buyer's signature. Seller A Date Seller B Date ~ LINES WITH THIS SYMBOL" REQUIRE A SIGNATURE OR INITIALS. @ 1991 Real Estate Forms Plus, Inc. BUYER'S COpy Broker's Initials ADDENDUM TO SALE~REEMENT & RECEIPT F<r-"EARNEST MONEY Exhibit "'Q]ii :;; of Earnest Money Receipt No. :-:l4~4c;7 -, C_1'__'_ f"", '__ Date of: D Sale Agreement CX'Counteroffer 'fa/?7/95 Buyer: City (3F Alnn 1 !!!nd ~~~ MQ~iDn ImperM~rlc@, KarAn Whi~e ~~d ~f~b.rly Whita Property Address: The Imoaratrlce ranch propl'!lr~Y9 nFF Rqi':lllllr r,*k 110illd, Aahlard., !uyer. Buyer agreeD ~o cooperate to e~able Seller to lompleta 1031 Exchange. -hie sale la to bs an ~Ag Is" Purchase; please see Exhihit . -or HAG liS" Agreement (2 pages). ;",lL~r has provided PUl"'Ch9ger with a coPY of the elJd,~tlnc;; ,sa~e Agreement, between Imperatrice and Anderson. This SBl~ . contingent upon Purcha~e""s approvel or disapproval of ;aid Lease Agreement by Nav 15, 1995. Tit!e Company shall . instructed to prorate annual Isaac amount an of date Uy~!'" is entitled to pO$aession. ,;..0;,'-':.011 County Title, Patty Grey, to fHlndl~ \'ill 1:10$11"\9 and 'iIIC:r'OIf documents. ,'he "Arbitratio.l in Lieu Dr Litigation" cl~".Jse, as! outlined ~ linos 144 thru 157, Oaga 3 of 3 of Sale Contract, shell be tricken FrD~ this Sela Contract, and sh~ll be reelaced by the . 'tt:..:hed ui.';~.di <itiol{ Aureem<l3nt", on Exhibit'" Tn the event Furcha.er ohooses "elternative ~1", ~pproxlm~tely i!8 acres, then this Gale sh.ll bs contingent upon the Seller atisfying them~elf that the 376.3 acres (38 1E 34 r100) has ,de~ul!!lta access. Ssller to approve or di~approve this 'dequete nce.ss contingency by 11~15/95, 11/15/95.0 , -----1...L " -- / J! Seller A Seller B Listing Office ,(, it. ...r./' I J' ~,. I ;1 ,,-,,- v..j 1*l(Jt~ c>- ' l ' .r/ I "\ . / ~'5;.' i i.. ~,'} , Buyer B ",,/'- <' 'l)'P- /_. ) i -,If 1--" Selling Of~ce t' Ash'lf Rnd Homes n.;.::. I;; i I" \-:{. "1,.;.. , ...,:~ .,',-#J .. . lP.~Y l' j Date \ Buyer A Date . Ps ~:r- i c~ i.;;;j 3""aqu~ Date rl . E . t nc . Date - Licensee , !H'.\ <E1wt 11'.\<; . Date Ass t) c=:_ at,-~ CJr () Ie; c r' Licensee! " J ',..oar ~rlt:.' fiestaI"' " Date __ . Agsociste Sr'~~8r LINES WITH THIS SYMBOL. REQUIRE A SIGNATURE OR INITIALS, Broker's Initials --- . @ 1991 Real Estate Forms Plus, Inc. (3/92) REFP 002 Page of BUYER'S INITIAL COPY .. ADDENDUM F-l TO SALES AGREEMENT #345457 . l....dTRUCTIONS TO THE SELLER Please complete the following form. Answer all the questions. If a question is not applicable to this property, mark N/A. Please explain each "YES" answer in detail on page 2 and attach other pertinent documents. Please refer to the section and item of the question(s) when you provide your explanation(s). Please date and sign each page of this disclosure statement and each attachment. SELLER(S) AUTHORIZE(S) ALL AGENTS TO PROVIDE A COPY OF THIS DISCLOSURE STATEMENT TO OTHER REAL ESTATE LICENSEES AND PROSPECTIVE BUYERS OF THE PROPERTY. NOTICE TO BUYER THIS IS A DISCLOSURE STATEMENT MADE BY THE SELLER CONCERNING THE PROPERTY LOCATED AT THIS IS NOT A WARRANTY OF ANY KIND BY T-HE SELLER OR ANY AGENT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES WHICH THE BUYER MAY WISH TO OBTAIN. o 0 0 0 o 0 0 0 o 0 0 0 o 0 0 0 o 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A. Is this property subject to any of the following? 0 first right of refusal 0 option 0 lease or rental agreement o other listing 0 life estate B. Are there any of the following? oencroachments o written or oral boundary or fencing agreements o boundary disputes 0 recent boundary changes C. Are there any of the following? 0 rights of way 0 easements (other than normal utility easements) o access limitations 0 written or oral agreements concerning this property D.ls there a o written or o oral agreement for joint maintenance of an easement? E. Are you aware of any governmental study, survey, or notice that would affect this property? F. Are there any pending or existing assessments against this property (other than real property taxes for the current year)? G. What is the current zoning for the property? H. What is the current use of the property? I. Are you aware of any pending land use change? J. Is there a land survey for this property? K. Is this property in a subdivision with Covenants, Conditions, and Restrictions? L. Does any person in title to this property have an 0 active or 0 inactive real estate license? 1. If es", who? A. Has there been any settling, soil problem, standing water, floOOing, or drainage problem on this property? B. Has this property been identified as "wetland" or in a .slide zone'? C. Is this property in a designated flood zone? D. Has there been major damage to this property from fire, wind, flood, earth movement, or landslide? E. Are you aware of any underground storage tanks (e.g., fuel, abandoned septic tank, etc.) on this property? F. Are you aware of any hazardous material, toxic waste, or trash dumping on this property? G. Has this property been used for the manufacture or distribution of illegal substances? BUYER AlA Y WISH TO INVESTlGA TE FURTHER ANY OF THE ISSUES AlENTlONED ABOVE. o o YEo '. '1~1 ,I. III. TAXES o o 0 0 0 A. Is there currently a domestic water supply for this property? 1. If "yes', from what source? o public utility o community water system o private well o other (specify) B. If property is currently supplied from a well: o 0 0 0 1. Is there more than one well? o 0 0 0 2. Is(are) the well(s) on-site? o 0 0 0 3. Is(are) the well(s) shared? o 0 0 0 a. Is there an oral or written agreement for a shared well? O' 0 0 0 b. Is there an easement (recorded or unrecorded) for access to and maintenance of a shared well? o 0 0 0 4. Is a copy of the welllog(s) available? 5. Well depth(s) is estimated to be feet. 6. Well(s) supplied approximately gallons per minute (GPM) of water. a. This figure is taken from 0 well log 0 a flow test of the well performed when and by whom o 0 0 0 7. Is there a holding tank in addition to the pressure tank for the water system? a. If "yes', what is the capacity of the tank? gallons. 8. Well is _ years old. Pump type: 0 submersible 0 jet. Pump make installed by when serviced by date of last service o 0 0 0 9. Are there any known problems or have there been any repairs to the water system? o 0 0 0 10. Has a 0 coliform bacteria 0 nitrates 0 arsenic or 0 other water quality test been performed on the domestic water supply? If "yes', when by whom o 0 DOC. Is there a water treatment system? If "yes', 0 owned or 0 leased? 1.lf "yes', for what purpose was the water treatment system installed? o 0 0 0 2. Is the water treatment system in good working order? o 0 0 0 D. Are there any abandoned wells on the property? o 0 ODE. Do you have other pertinent information regarding the water supply? If "yes', please attach an explanation. o 0 0 0 F. Is there an irrigation well(s)? If "yes', how many? o 0 0 0 1. Are there water appropriation rights for this property? o 0 0 0 2. Have the water rights been recertified by the State of Oregon? 3. To what body of water do the water rights pertain? o 0 0 0 4. Have the water rights been used beneficially during the last five years? o 0 DOG. Are there any ponds on this property? o 0 0 0 1.lf"yes.,isthere....apermit? BUYER AlA Y WISH TO HA VE ANY NONPUBUC WA~R SOURCES ~S~D FOR POTABILITY AND ADEQUACY OF SUPPL Y. o Da~ ~~r Date Buyer Property Address or Description: EAR 007-1 Seller Buyer Page 1 of 10. # @1991 Eugene Association of REAlTORS" (9/91) r ". BUYER AlA Y WISH TO HA VE THE SEWAGE SYSTEM INSPECTED. . . o 0 0 0 A. Is there a Home or Unit Owners' Association? 1. If "yes", what is its name? 2. Who is contact person? Address 3. Monthly or annual dues Assessments o 0 0 0 B. Is this property in an area with a neighborhood group or community organization? 1. If "yes., what is the name of the group? o 0 DOC. Are there any features of this property shared in common with adjoining landowners, such as a wall, fence, roof, road, or driveway for which use or maintenance responsibility may affect this property? o 0 0 0 D. Are there any known disputes, irregularities, or other unsettled issues? o 0 ODE. Are there any "common areas. (facilities such as a pool, recreation building, tennis court, walkway, "greenbelt", or other area) co-owned in undivided interest with others? IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS "YES", PLEASE ATTACH A COPY OF THE WRITTEN AGREEMENT, INCLUDING HOMEOWNER'S ASSOCIA TION BY.LAWS, AND EXPLAIN ANY VERBAL AGREEMENTS BELOW. . . . . A.Are you aware of any other condnion, defect, feature, problem, material fact, or issue affecting this property or its immediate vicinity? If "yes., please ex ain below. . . .. . . II we willlndem mylour real estate agents from any loss suffered by any of them caused by any erroneous, Inadequate, or Incomplete disclosure made In this statement Seller(s) has (have) received a completed copy of this disclosure statement. . . Please refer to the section and item of the question(s) when you provide your explanation(s). o o o o o o o o o o o o D o o o o o o o D TO SALES AGREEMENT #345457 SURE STATEMENT FOR VACANT LAN o o o o A. Is sanitary sewer currently available to this property? 1. If "yes", where is the sewer line located? 2. If "no., will such service be available in the future? C. Are you aware of any sanitary sewer proposed for this property? D. Is there an existing septic system on this property? 1. If "yes., what type of system? 0 standard 0 cap fill 0 sand filtration 2. Last inspected by date Please attach a photocopy of the inspection report or invoice. 3. Date septic system was last pumped by whom 4. Any known problems or repairs? If "yes", please explain in detail on attached sheet. E. If a septic system will need to be installed. is there a current governmental approval for such a system? 1.lf "yes", what type of system? Ostandard Dcap fill o sand filtration. Date of approval F. Is there an abandoned septic system? If "yes", where on this property is it located? o o o Please list any attached documents or reports here: BUYER'S ACCEPTANCE The undersigned buyer(s) acknowledge(s) receipt of a copy of this disclosure statement (including attachments, if any) bearing seller's signature. II we have not relied on any statemenl(s) made by the seller(s) or seller's agent(s) which are not expressed in this disclosure statement. Each buyer acknowledges that this disclosure statement is not intended as a substitute for any Inspection II we wish to obtain and that II we have a duty 10 exercise reasonable care to protect myself I ourselves and the duty to pay diligent attention to those material defects which are known to me I us or can be known to me I us by utilizing diligent attention, observation, and investigation. II we acknowledge that seller's disclosures do notJ:Ol1sider any health or environmental concerns specific to me I us. II we have read and understand the Information above. My lour sfgnature{s) below Indicate approval and acceptance of this disclosure statement. Date Seller Date Buyer Property Address or Description: EAR 007-2 Seller Buyer Page 2 of 10. # @1991 Eugene Association of REAL TORS~ (9/91) T ""' Seller's Name Site Address Yes No 1. [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] 2.[ ] [ ] 3.[ ] [ ] 4.[ ] [ ] 5.[ ] [ ] 6.[ ] [ ] 7.[ ] [ ] 8.[ ] [ ] 9.[ ] [ ] ~ ...-.., ADDENDUM F-2 TO SALES AGREEMENT trJ45457 ENVIRONMENTAL RISK ASSESSMENT .<rr" Has this site been used previously as commercial or industrial site such as: auto dealership building cleaning or maintenance chemical manufacturers chrome-plating furniture building or wood refinishing laboratories laundry or dry cleaning metal manufacturing paint shops or manufacturers petroleum or chemical distributor or storage vehicle service station wood preserving plant Are there areas where green plants refuse to grow? Is there a difference in the terrain or vegetation that indicates previous construction or possible dump site? Are there any signs of stains or seepage? Are there any distinctive chemical odors? Is there a landfill/dump on the site? Has the property ever been used for waste disposal treatment or storage (including animal waste)? Are there any underground storage tanks, smoke stacks, storage drums, etc.? What are the current uses of adjacent properties? If the answer to any of the above questions is yes, or the response indicates a potential for environmental hazards, the entire situation should be reviewed with the city attorney before any purchase commitment is made. Date (p:daily\environ. ass) Signature of Applicant .;~~t~~~~~~'~~.lE~~'::~',~i~~'. '~-:):-~'.:.:, L, .' ,- -' , -. ",' , .. -,.,,' ' '-."' . ,";',,", ';-<'.l:>,'~~~,-'-':.,.;;.~--::~":Jf: """~';J,."_" ,....". " . '. -", ".-' ".-..,,~:"O:;.;. ;:.,,:\- ':, . . .., ",- _ <_.'~'.i'~ -I~ '-."J' " . .-.,- .