HomeMy WebLinkAboutAddendum "A"
ADDENDUM TO SALE-'REEMENT & RECEIPT FO~ARNEST MONEY
Exhibit " A " Earnest Money Receipt No. 345457
Date of: !XI Sale Agreement Octobe r 6, 1995 0 Counteroffer
Property Address:
CITY OF ASHLAND
MARION IMPERATRICE, KAREN WHITE AND KIMBERLY WHITE
The Imperatrice Ranch property off Butler Creek Road,
Ashland, Oregon
SPECIAL CONDITIONS:
Seller:
Buyer:
1. Oregon Department of Environmental Quality and Jackson County approve site for
purposes of treated effluent spray irrigation within 60 days of acceptance of offer.
2. Oregon Water Resources Department verifies prior to closing that water rights on
224 acres of the property have been proved up.
3. Ashland City Council approves the ~ later than 30 days after acceptance
of offer.
4. Site Conditions. For purposes of this subsection, the phrase "Hazardous
Substances" has the same meaning as is designated in ORS 465.200(9). Seller
warrants, represents, and covenants as follows:
4.1. To the knowledge of Seller, there are no Hazardous Substances in, upon,
or buried on or beneath the property and no Hazardous Substances have been
emitted or released from the property in violation of any environmental laws of
the federal or state government;
4.2. Seller has not brought onto, stored on, buried, used on, emitted or
released from, or allowed to be brought onto, stored on, buried, used on, or
emitted or released from, the property any Hazardous Substances in violation of
any environmental laws of the federal or state government; and
4.3. To the knowledge of Seller, no underground storage tanks are located on
the property, including (without limitation) any storage tanks that contain, or
previously contained, any Hazardous Substances, and Seller agrees not to
cause or permit any such tanks to be installed in the property before closing or
after closing whUe Seller is in possession.
5. Within 15 days following the signing of this agreement by Seller. Seller shall order,
at Seller's expense, a preliminary title report covering the property. Within 10 days of
receiving the title report, Buyer shall give written notice to Seller of the exceptions that
Buyer shall require SeUer to remove of record at or before closing, not including the
title company's standard printed exceptions. If Buyer fails to give Seller such notice,
then Buyer shall be deemed to have approved the title report. Seller shall have 10
days following receipt of the notice to give a written reply to Buyer of those exceptions
that SeUer concludes, in good faith, that Sellers cannot or will not remove at or before
closing. Seller shall not have any obligation to institute litigation or spend any sum of
money to cure or remove any exceptions; provided, however, that Seller shall be
obligated to remove, at or before closing, any exception created or suffered to be
created by Seller that is security for payment of a sum of money (including mortgages,
deeds of trust, tax liens, contractor's liens, and judgment liens) and any exception
created, or suffered to be created, by Seller. Seller agrees to remove all exceptions
contained in Buyer's notice that are not referenced in Seller's reply. If one or more of
the exceptions cannot be removed at or before closing and Seller so states in the
reply, then Buyer may exercise any of the following rights by giving written notice to
~eller within 15 days of receiving the reply: (1) Buyer may terminate this Agreement,
In which event neither party shall have any further liability; (2) Buyer may accept title to
the property subject to any such exceptions; or (3) Buyer may attempt to cure the
exceptions or ~ny of them without cost or liability to Seller (but Seller shall be obligated
!o cooperate With ~Uch cure efforts and to join in the execution of any curative
Instruments that will operate to remove such exceptions). Seller shall not cause,
pefl'!1't, or suffer any matter to be recorded with respect to the property prior to the
c1osll'lQ, except any matter that Buyer approves, in writing and at its sole discretion
before recordation. .
If any of the above special connirion~ canno~ hpmpt, th~~ this trans-
action shall become null and void and of no further force and effect
and Buyer's earnest money shall be refunded to Buyer.
Seller A
Seller B
Date
Date
City of Ashland
BU'ycrA Date lO/6/9S.
by peggy A. Chr~st~ansen
Buyer B Act~nq Ci tv Administram:.au:- ..
Sclling Office
Listing Officc
Licensee
Date
Licensee
Date
..
LINES WITH THIS SYMBOL" REQUIRE A SIGNATURE OR INITIALS.
Broker's Initials
..
o 1991 Real Eslale Forms Plus. Inc. (3192)
REI'I' IMI2
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