Microsoft Word - Land Sale Contract.Form.Revised 2024-07-17

JOSEPHINE COUNTY LAND SALE CONTRACT: Property ID__________________

Page 1 of 6

Revised 7-17-2024

LAND SALE CONTRACT

Josephine County, Oregon

This Agreement is made by and between JOSEPHINE COUNTY, a political subdivision of the State

of Oregon, hereinafter called COUNTY, and ______________, hereinafter called PURCHASER.

WITNESSETH:

In consideration of the terms and conditions hereinafter stated, the parties agree as follows:

1. COUNTY has agreed to sell to PURCHASER and PURCHASER agrees to purchase from

COUNTY that certain tract of land, with improvements thereon, identified as Assessor's map

__________________, and more particularly described as follows:

(insert property description)

2. PURCHASE PRICE, TERMS AND DEED: The purchase price of the property which

PURCHASER agrees to pay shall be the sum of ___________________, payable as follows:

a. The sum of _____________ paid upon execution of this document, receipt of which is

hereby acknowledged.

b. The balance of ___________ shall be payable in monthly installments of ____________.

Said monthly installments are based on an amortization period of ________ months with an

administrative fee of nine percent (9.00%) per annum. The first monthly payment of

_____________, which includes the recording cost of Ninety-Six Dollars ($96.00), shall be

due on ___________________. Subsequent monthly payments of ____________shall be

due on the 1

day of each consecutive month thereafter until the whole sum of both principal

and interest has been paid in full. Payments shall first be applied to administrative fees

accrued to the date of payment, then to any amounts past due COUNTY under this

agreement other than principal or administrative fees, and then to the principal amount

owing.

c. If any payment is not received in full by the COUNTY by the 10

of each month,

PURCHASER shall pay COUNTY an additional administrative charge of nine percent (9%)

of the payment due, in addition to any monthly payment then due. Said charge shall be

considered part of rent. Payments not received in full within ten (10) days of the due date

shall, at COUNTY's discretion, constitute a breach of this Contract and COUNTY shall have

the right to terminate this Contract. Any dishonored check shall be treated as unpaid rent

and be subject to the same late charge, plus a Thirty-Five Dollar ($35.00) special handling

fee, and must be made good by cash, money order or certified check within 24 hours of

notification.

d. The entire contract balance plus all accrued but unpaid interest thereon shall be paid in full

on or before ____________.

e. PURCHASER may at any time pay off without penalty the entire balance of the purchase

price remaining due, together with administrative fees due thereon at the above specified

rate to the date of payment.

f. At such time as PURCHASER has complied with all the terms of this contract, the COUNTY

shall convey its interest only by a Quitclaim Deed.

g. Unless otherwise directed by COUNTY in writing, payments and all written notices and

communications to COUNTY shall be sent to:

Josephine County

Property Management

700 NW Dimmick Street, Suite B

Grants Pass, OR 97526

JOSEPHINE COUNTY LAND SALE CONTRACT: Property ID__________________

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Revised 7-17-2024

h. Unless otherwise directed by PURCHASER in writing, all written notices and

communications to PURCHASER as required by this contract shall be sent to:

(insert purchaser address)

3. TAXES AND LIENS: PURCHASER agrees to pay all taxes and liens hereafter levied upon the

property and all public or private liens which may hereafter be imposed upon the property as

the same become due and before they become delinquent. In the event PURCHASER defaults

in the payment of any taxes or liens, the COUNTY may, but shall not be obligated to, pay said

taxes or liens on behalf of PURCHASER, all of which sums so added to the principal balance

shall bear interest at the rate of sixteen percent (16%) compounded annually from the date of

payment by the COUNTY.

4. TAXES STATEMENT: Until a change is requested, all tax statements shall be sent to:

(insert purchaser address)

5. INSURANCE: PURCHASER shall keep in force at all times a policy of fire insurance, with

standard extended coverage endorsements, on a replacement cost basis covering all

improvements on the property, in an amount sufficient to avoid application of any coinsurance

clause and with loss payable to COUNTY under a standard mortgagee's clause and

PURCHASER as their respective interests may appear. Said insurance policy shall also include

liability coverage of not less than five hundred thousand dollars ($500,000.00) per occurrence.

6. INDEMNIFICATION: PURCHASER shall defend and hold COUNTY, its Commissioners,

officers, employees and agents harmless from all claims, losses, damages or liability of any kind

arising out of or in any way connected with PURCHASER'S use or possession of the property.

7. NO STRIP, WASTE, OR SEVERANCE: PURCHASER agrees that PURCHASER shall not

commit any strip or waste on the property, or sever any growing timber from said premises, nor

shall the PURCHASER suffer or permit any strip, waste or severance to be committed on such

premises.

8. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS: PURCHASER agrees that

during the term of this contract PURCHASER will not engage in any conduct that violates local,

state or federal law. This provision prohibits the unlawful production and processing of cannabis

products. Violation of this provision is a material breach of this contract. In the event of such

violation, COUNTY has the option to cancel this contract in accordance with ORS 275.220 or

other applicable laws, or to foreclose this contract by suit, in equity or at law, or assert any other

right existing by law or in equity. If the unlawful production and/or processing of cannabis

products occurs on the property during the term of this Agreement, ownership of the property

shall immediately revert to the COUNTY, with no return of funds to PURCHASER for any

payments made under this Agreement.

9. POSSESSION: PURCHASER shall have the possession of, and the income from the premises

so long as PURCHASER is not in default in the performance of PURCHASER'S agreement with

COUNTY, but shall forfeit PURCHASER'S rights under such agreement and to all payments

made pursuant thereto if PURCHASER fails to pay such purchase price or any part thereof,

principal or interest, or to pay, before delinquency, the taxes thereafter levied against the

premises, or commits or suffers any strip or waste of or on such premises, or violates any other

reasonable provision of such agreement which the County Commissioners may see fit to

require. Josephine County Agents may enter on the property at reasonable times for the

purpose of inspecting the property on prior written notice delivered to the PURCHASER.

10. ASSIGNMENT: PURCHASER agrees that PURCHASER shall not assign this contract or

PURCHASER’S rights hereunder without the written consent of the COUNTY.

11. DEFAULT AND REMEDIES FOR DEFAULT: In the event PURCHASER fails to make two

consecutive payments provided for herein, or any of them, punctually and under strict terms

JOSEPHINE COUNTY LAND SALE CONTRACT: Property ID__________________

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Revised 7-17-2024

and at the times above specified, or commits or suffers any strip or waste of or on such

premises, or breaches the other terms or conditions of this contract, time of payment and strict

performance being declared to be the essence of this contract, then the COUNTY at its option,

shall have the right:

a. To cancel this contract in accordance with ORS 275.220 or other applicable laws.

b. To foreclose this contract by suit, in equity, or at law, or assert any other right existing by

law or in equity.

In the event of such cancellation or foreclosure all of the right and interest herein created or

then existing in favor of PURCHASER derived under this contract PURCHASER shall utterly

cease, and the right to possession of real property above described and all rights acquired by

the PURCHASER shall revert to and revest in COUNTY without an act of reentry or any other

act of COUNTY to be performed, and without any right of PURCHASER of return, reclamation

or compensation for moneys paid on account of the purchase of said property, as absolutely,

fully and perfectly as if this contract and such payments had never been made; and, in the event

of such default, all payments heretofore made on this contract are to be retained by and belong

to COUNTY as the agreed and reasonable rent of said premises to the time of such default.

COUNTY, in the event of such default, shall have the right to immediately, or at any time

thereafter, enter upon the real property aforesaid without any process of law and take immediate

possession thereof, together with all improvements and appurtenances thereon or thereto

belonging.

The remedies provided COUNTY above are nonexclusive and in addition to any other remedies

provided by law.

12. ATTORNEY’S FEES: In the event suit of action is instituted to enforce any of the provisions

hereof, PURCHASER agrees to pay such sum as the trial court may adjudge reasonable for

COUNTY’S attorney fees in said suit or action, and if an appeal is taken from any judgment of

the trial court, PURCHASER further agrees to pay such sum as the appellate court may adjudge

reasonable as COUNTY’S attorney fees on appeal, together with all costs allowed by law.

13. CONDEMNATION: In the event of appropriation of said real property or any portion thereof by

any public or private corporation under the laws of eminent domain, the sum or sums of money

received by PURCHASER in payment of said appropriation shall be forthwith paid to COUNTY

by PURCHASER on the purchase price of said property as on additional payment on the

principal and any accrued unpaid interest over and above the regular annual payments, and

other payments due as herein expressed; provided, however, that in no event shall said

payments be more than the full purchase price stated herein.

14. WAIVER: Failure by COUNTY at any time to require the performance by the PURCHASER of

any of the provisions hereof shall in no way waive or affect COUNTY’S right hereunder to

enforce the same, nor shall any waiver by COUNTY of any breach be held to be a waiver of any

succeeding breach or a waiver of this Clause.

15. SUCCESSOR INTEREST: The covenants, conditions and terms of this agreement shall extend

to and be binding upon and inure to the benefit of the heirs, administrators, executors, and

assigns of the parties hereto; provided, however, that nothing contained in this paragraph shall

alter the restrictions hereinabove contained relating to assignments.

16. TITLE POLICY: COUNTY makes no warranties or guarantees, expressed or implied, as to the

condition of title of the property subject to this agreement. Title insurance, if any, shall be

purchased at PURCHASER’S election and at PURCHASER’S expense.

17. NO WARRANTIES; AS IS: COUNTY makes no other warranties, express or implied, regarding

the property of the condition or state of repair thereof, it being understood by all parties that the

property will be conveyed to the PURCHASER AS IS.

JOSEPHINE COUNTY LAND SALE CONTRACT: Property ID__________________

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18. DEVELOPMENT: All actions and costs necessary to develop the property being sold under

this agreement (the property) shall be borne by PURCHASER. COUNTY makes no warranties,

expressed or implied, as to the ability to develop the property under current land use law.

COUNTY, in COUNTY’S capacity as owner of the property, retains full discretion regarding the

existence and nature of development activity on the property. PURCHASER must obtain

COUNTY’S written consent prior to obtaining permits for development of the property. When

appropriate, such consent shall be given in writing by the Josephine County Board of

Commissioners or the Board of Commissioners' designee.

19. PRIOR AGREEMENTS: This document is the entire, final and complete agreement of the

parties pertaining to the sale and purchase of the property, and supersedes and replaces all

prior or existing written and oral agreements (including any earnest money agreement) between

the parties or their representatives relating to the property.

20. NOTICE: Any notice under this contract must be in writing and will be effective when actually

delivered in person or three days after being deposited in the U.S. Mail, registered or certified,

return receipt requested, postage prepaid and addressed to the party at the address stated in

this contract or any other address either party may designate by written notice to the other.

21. GOVERNING LAW; JURISDICTION; AND VENUE: This contract has been entered into in

Oregon and the property is located in Oregon. This contract shall be governed and construed

in accordance with the laws of the State of Oregon without resort to any jurisdiction’s conflict of

laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, “the claim”) between

COUNTY and PURCHASER that arises from or relates to this agreement shall be brought and

conducted solely and exclusively within the Circuit Court of Josephine County for the State of

Oregon. If, however, the claim must be brought in a federal forum, then the claim shall be

brought and conducted solely and exclusively within the United States District Court for the

District of Oregon filed in Jackson County, Oregon.

22. HEADINGS: The headings herein contained are for reference only and are not to be construed

as party of this agreement.

23. AUTHORITY: By signing this contract each person signing affirmatively represents that he or

she is fully authorized so to act.

24. STATUTORY DISCLAIMER: The following disclaimer is made pursuant to ORS 93.040.

ORS 93.040(1): “BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON

TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF

ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,

CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,

OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.

THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS

INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.

BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING

FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR

COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING

TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN

ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,

TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST

PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF

NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND

195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,

SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2

TO 7, CHAPTER 8, OREGON LAWS 2010.”

JOSEPHINE COUNTY LAND SALE CONTRACT: Property ID__________________

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ORS 93.040(2): “THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE

WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE

PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM

OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A

RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR FOREST

PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR

ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD

INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND

195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,

SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2

TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS

INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD

CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO

VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY

ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY

THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF

FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF

NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND

195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,

SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2

TO 7, CHAPTER 8, OREGON LAWS 2010.”

// SIGNATURE PAGE FOLLOWS

IN WITNESS WHEREOF, the parties have executed this agreement on the day and year written

below.

JOSEPHINE COUNTY LAND SALE CONTRACT: Property ID__________________

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PURCHASER: COUNTY:

JOSEPHINE COUNTY

BOARD OF COMMISSIONERS

_____________________________ ____________________________

Name of Purchaser John West, Chair

__________ _____________________________

Date Herman E. Baertschiger Jr., Vice Chair

_____________________________

___________________, Commissioner

________________

Date

STATE OF OREGON )

) ss.

County of Josephine )

On ______________________, 20____, personally appeared before me the above-named

_________________, and acknowledged the foregoing instrument to be a voluntary act.

_____________________________

Notary Public for Oregon

My Commission Expires: __________

STATE OF OREGON )

) ss.

County of Josephine )

This instrument was acknowledged before me on this _______ day of _______________, 20__, by

__________________________________________________________________________, as

members of the Josephine County Board of Commissioners.

________________________________

Notary Public for Oregon

My Commission Expires: ____________