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Attachment No. 2 - 8443 Nuevo Ave Counter

Fontana City Council
October 11, 2022

Document
Attachment No. 2 - 8443 Nuevo Ave Counter
Meeting
October 11, 2022
Body
Fontana City Council
Original file
917 KB
Text extracted from the city's file for reading and search. Open the original on fontana.legistar1.com. That file is the official record.

Authentisign ID: 117D8B4B-BD33-4B2B-A829-FA2D43287A36
CALIFORNIA SELLER COUNTER OFFER No.

ASSOCIATION
OF REALTORS® May not be used as a multiple counter offer. (C.A.R. Form SCO, Revised 12/21)
Date 08/19/2022
This is a counter offer to the Purchase Agreement, OR • Buyer Counter Offer No. _•Other ("Offer"), dated 08/10/2022, on property known as 8443 Nuevo Ave, Fontana, CA 92335-4042 ("Property"). between City of Fontana
("Buyer")
and Doris Purola, Carol Lee Peacock
('Seller").

Buyer and Seller are referred to as the "Parties."

1. TERMS: The terms and conditions of the above referenced document are accepted subject to the following:

A. The Liquidated Damages and Arbitration of Disputes paragraphs in the Offer each require initials by all Parties. If either of those paragraphs is not initialed by all Parties, that paragraph is excluded from the final agreement unless specifically referenced for inclusion in paragraph 1C of this or another Counter Offer or an addendum.

B. Unless otherwise agreed in writing, down payment and loan amounts) will be adjusted in the same proportion as in the original Offer, but initial and increased deposit amounts) shall remain unchanged from the original Offer.

C. OTHER TERMS:

The city of Fontana is acquiring this property under the threat of condemnation.. The City shall before the close of escrow provide the Seller with a letter stating the property is being compulsorily or involuntarily converted allowing the Seller to exercise options allowed under IRS Section1033.

D. The following attached documents are incorporated into this Seller Counter Offer when Signed and Delivered by both Parties (if both parties do not Sign and Deliver all attached addenda, then any acceptance of this Seller Counter Offer is not valid):

Addendum No. (C.A.R. Form ADM)
Back Up Offer Addendum (C.A.R. Form BUO)
Seller License to Remain in Possession Addendum (C.A.R. Form SIP) (occupancy up to 29 days) Seller Purchase of Replacement Property (C.A.R. Form SPRP) Tenant Occupied Property Addendum (C.A.R. Form TOPA)
Residential Lease After Sale (C.A.R. Form RLAS) (occupancy for 30 or more days) Seller Intent to Exchange Addendum (C.A.R. Form SXA)

2. EXPIRATION: This Seller Counter Offer shall be deemed revoked and the deposits, if any, shall be returned:

A. Unless by 5:00 PM on the third Day after the date this Seller Counter Offer is signed in paragraph 4 (if more than one signature then, the last signature date)(or by • AM/ PM on (date)) (i) it is signed in paragraph 5 by Buyer and (ii) a copy of the Signed Seller Counter Offer is Delivered to Seller or Seller's Authorized Agent.

B. OR If Seller withdraws this Seller Counter Offer anytime prior to Buyer's Acceptance by communicating withdrawal to Buyer or Buyer's Agent (C.A.R. Form WOO may be used).

C. OR If Seller accepts another offer prior to Buyer's Acceptance of this Seller Counter Offer.

3. MARKETING TO OTHER BUYERS: Seller has the right to continue to offer the Property for sale. Seller has the right to accept any other offer received, prior to Acceptance of this Counter Offer by Buyer as specified in 2A and 5. In such event, Seller is advised to withdraw this Seller Counter Offer before accepting another offer.

4. OFFER: SELLER MAKES THIS COUNTER OFFER ON THE TERMS ABOVE AND ACKNOWLEDGES RECEIPT OF A COPY.

BY MAKING THIS COUNTER OFFER, ANY PREVIOUS OFFER OR COUNTER OFFER CAN NO LONGER BE ACCEPTED.

The terms and conditions of those documents are incorporated into this Seller Counter Offer unless Otherine Agreed.

Doris Purola Doris Purola Date
Carol Lee Peacock Date

5. ACCEPTANCE. I/WE accept the above Seller Counter Offer (If checked • SUBJECT TO THE ATTACHED BUYER COUNTER OFFER) and acknowledge refeipt of a Copy.

Buyer City of Fontana Date 8.24.22
Buyer
Date
) 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of thi form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
SCO Revised 12/21 (PAGE 1 OF 1)
SELLER COUNTER OFFER (SCO PAGE 1 OF 1)
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335
Ken Galasso Phone: 909.822.1200 Fax: 909.822.0324 8443 Nuevo Ave Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com

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