CCR1989100COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 81 00-89
AUTHORIZING APPROVAL OF CANCELLATION AGREEMENT
(Deiuca Hartman Construction Co.)
WHEREAS, Resolution W213-88 approved an Offer to Purchase
submitted by DeLuca Hartman Construction Co. for property
located in the Muskego Industrial Park, and
WHEREAS, DeLuca Hartman Construction Co. has submitted a
Cancellation Agreement & Mutual Release for this Offer.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego. upon the recommendation of the Finance
Committee, does hereby authorize the approval of the
Cancellation Agreement & Mutual Release submitted by DeLuca
Hartman Construction Co.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City.
DATED THIS 25th DAY OF ADril , 1989.
FINANCE COMMITTEE .
Aid. Harold L. Sanders
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
ATTEST :
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Approved by Wir. Real'Estare Examining Board 11-16-79
WB- 45 Cancellation Agreement & Mutual Release Wisconsin Legal Blank Co.. Inc.
Reapproved (substantially unchanged) by Wisconsin Department of Regulation and Licensing
Milwaukee. Wir.
5-1-82
CANCELLATION AGREEMENT & MUTUAL RELEASE
THE UNDERSIGNED seller(s) and buyer (s) hereby agree that the contract for the sale and
............................................................................... dated se.tembr?.I 21 .,... 1988 ............, Muskego WI 53150 ....................... ..... .. . City State Zip
and accepted .... SeP.te.~.e.r..ze.,..l.g.e.e .......... ................................. be cancelled and the parties hereby a
Date
release all of their right, title, and interest in and to said contract.
The parties hereby authorize and direct the broker .... Moone )!.. LeSa¶e .. &..Assoclates,...Ltd, e
....................................................................................... to disburse the earnest money deposit of
.............................................................................................. ..................................................................
and the parties hereby release the Broker from any and all liability for disDursing the earnest money
as directed.
DATE .......................................................... ................................................................................ BUYER Mario DeLuca
DATE .................................................. ... ................................................................................
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BUYER
.................................................................................................................................................... 8 DATE SELLER Wayne G. Salentine, Mayor
DATE ................................................ .............................................................................. SELLER Jean Marenda, City Clerk
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The follovlng terms end conditlons ere made a part of the Offer to
City of Huskego, as Seller, and De Luca Hartman Constrnctlon Go. as Buyers.
I. -1 1rnorovement;s;
"' ' krchase attached hereto and dated September 21, 1988 by and between the
A. The purchase price Includes the follovlng Improvements:
Sanitary sewer and veter laterals are at lot line end fully
paid for and available for uae by Buyer. Buyer will connect to
saver and vater at Buyer's expense. Electric and telephone
service will be avallabla to Buyer.
B. If said streets are not permanently surfaced at the time of the completion of thls tramaction, said atrents when penMnently
Improved rhall be at the expame of the City end no special
asBeBements with respect to the permanent improvements of the
streets shall be asaessed against the property herein
described. and the Buyer, his heirs and asslgns, shall have no
further obligation with respect hereto.
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XI. l$ is ed becveen Buver and Sew
A. The provisions of paragraphs thlrteen (13) and fourteen (14) of
the Rules and Regulations for ths Uuskego Industrlal Park as
orlginally adopted by the City of Huskego by Resolution C145-70.
on July 28, 1970. and further nxtended to cover Uuskego
Industrial Park Addltlon 11 on Hay 27, 1986, are incorporated
herein by reference as if fully set forth hereln. Said
provlsions provlde in effect that In the event the Buyer should
desire to resell a portlon of the premises which are the
subject of thls Contract and which are not belng used In
Beme to the City for repurchase. The City shall then have
ninety (90) days to act upon sald offer.
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'i 1 connection vith Buyer's business, that he must first offer tho
I 8. These provisions shall constitute covenants running vith the
land and shell be blndlng upon the successora and assigns of
the psrtles hereto and may be Included in the deed vhlch Seller
delivers to Buyer in completion of thls transactlon. Buyer
acknovledges thet he has recaived a copy of the full text of
the Rules and Regulations of the Uuskego Industrlal Park and
that he has read and fully underatends same.
The varranty and representation mads herein survive the closing
of thls transaction.
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BIPI?A:
De Luca pqan
SELLER: CITY OF WSKECO
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'Hario Dekuca Wiyn{ c . Salentins. Uayor
Countersigned:
BY:
Jep#Harenda, City Clerk
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