CCR1989250COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 11250-89
AMENDED
RESOLUTION AS TO OFFER TO PURCHASE
(Delta Group, Inc. and/or Assigns)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the City’s broker and the Finance
Committee, does hereby approve the attached Offer to Purchase
in the amount of $96,000.00 for an approximate four acre parcel
(Delta Group, Inc. and/or Assigns - Industrial Park Addn. #l)
approval of the City Attorney.
in the City’s Industrial Park, contingent upon review and
BE IT FURTHEK KESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City if
approved by the City Attorney and if not approved, make a
counter-offer approved by the Mayor.
DATED THIS 26th DAY OF September , 1989.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
Ald. Harold L. Sanders
ATTEST:
City Clerk
MCC: R250-89a
45 Dslcd
46
41
48 Name of licensee who negotisad above Counter-Offcer
52 (Seller)
51
54 Name of licensee who ncgolialed above Counter-Offer ISrller)
THIS COUNTER-OFFER SHOULD BE ATTACHED TO THE OFFER TO PURCHASE.
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #250-89
RESOLUTION AS TO OFFER TO
(Delta Group, Inc. and/or
BE IT RESOLVED that the Common Council of ,the City of Muskego,
upon the recommendation of the City's broker and the Finance
Committee, does hereby approve the atta,ched Offer to Purchase
in the amount of $96,000.00 for an apbroximate four acre parcel (Delta Group, Inc. and/or Assigns - Industrial Park Addn. #I)
in the City's Industrial Park. /
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized /
to sign the the name of the City.
DATED THIS DAY OF , 1989.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
/ /
ATTEST : /
City Clerk
9/89
jz
MCC: R250-89a
Ald. Daniel J. Hilt
Ald. Harold L. Sanders
WE-13 VACANT LAND OFFER TO PURCHASE
1 ..... ............ BrooLfieJd, , . , .... Wimmsln. .. , . , .. , saPAwsr.??,. , , .. ,I&
2 THE BROKER DRAFW4G THIS OFFER IS THE AGENT OFfSELLERI m(Strikm aa appllcablcl.
3 IF ACCEPTED, THIS OFPER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
I SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
5 Theundersigned BUYW. .... .?elL.~.G.??UP,..!~C!. a?dP!?t .A!.?%??, ..... .........
6 hereby offerr to pumha6e Be propmy known ns lSmaWS&dW f.O!JK, bc1e.P.. 0.f. ~4cant. .lend. io. Nukkea~. Xud ... .Pa:
7 in the Cicy of .. .Muskego. ... .......
E more particularly descdbed as: .. .%?e.! .d Y%V!t. .land. a<.,~he..??.?~h.V!?.!. ,C??.??< .?f..Cn6F.?P?~SC ,!?is
.Cuuntyof W.4uke@!a. Riaconsin.
.!e,!;. .of, front8 e
D.llara(s.96.0~~,a~. ,)
approximateljr..&mn ......................
12 and on the terms and conditions as follows:
13 Earnem money of$ .1.000..00. in the form of .check, .SO. be. .pa.id, uit~~~.e~~~~~~afe~~"~,t f 0tt.l
I4 money of$ 9.0.00,.00.. .. in the form of ,qhe.qk,
I5
to bt paid wlllhln .I$. day0 of acceptance of this offer tm
16 Fsilure Of Bu or 10 rnakeeam@eimbney Payments no prodded voida offer at Seller's o<iion. Earnest money.If held by broke!.
.. nnd the balancein cash atelsrlng.
17 rhdl be held !n din(l broker's trust account do? to acc~ptance of offer and thercdtcr ~n Ilstmg broker'. tru6t acco~nt oruntll
19 T~~EISOFT~EESSEP~CEASTO:ADD~T~ONALEA~NESTMONEYPAYMENT.A~C~~~~~~,~~~~~~~~~~~~~~, 18 aP lied tolhc urchasr rice at clo61ny or dlspuraed ng rovidcd herem or permftted by bw,
20 OCCUPANCY. DATE OF CLOSING AND AS TO ALL DATES INSERTED IN THIS OFFER EXCEPT: . , .
21 ......................................................................................................................... 22 TH~BUYER'SOBL~CAT~ONTOCONCLUDETW~STRANSACTIONISCONDITIONED~PONTHECON~U~MAT~~N
24 (I( this offer 18 subject to financing. survey. percolation test. opecitic zoninll or me. approva~ of recorded buildin@ and
23 OFTHE FOLL0WIE;G:
25 rtatrictions and CoYenOnLs. nr any other contingency. it mu61 be dated here. If none. 80 rub.)
26 ., .doe..ilf.t4$hhe4,R~ds, ... ..............
27 ...... ..
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45 ............................. ..............
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51 ... .....
53 ,..
54 ITEMS NOT INCLUDED IN THE SALE:
56 . ....... .....
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63
61
68
65
61
69
70
72
71
74
73
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7.5
77
70 79
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96
91 98
100 99
101
I03 IO?
104 IO5 106 107
Ill9 IO8
111
110
I12 113
I14 I I5 I16 117 118 I19 I 20 I21 I22 : 21
14 23
26 .21 28 29 30 31 32
33
34
35
36
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39 38
40
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........... ...... ...... SellrrandBu *raureCtOd;iinpoodfnlthanduaediliac"ce' and inure. to the?kt ofthe pwties to thin acreemant and t
..... .... . . , . , . ,
1Buyer1
Buyer's Social Security No. .....
THIS OFFER IS HEREBY ACCEPTED. THE W HEREIN SURVIVE THE CLOSING OF THIS TRAK TATIONS MADE
TO SELL AND CONVEY THE ABOVE.MENTIONED PROPERTY ON THE TERMS AND CONDITIONS HEREBY AGREES
AS SET FORTH AND ACKNOWLEDGES KECEIPT OF A COPY OF THIS AGREEMENT
Datsd ..... ,19. ... ........
Offer ia relacud (Sslln initial.)
..... isliied
... Seller'a Social Security No. ............ .. ....
Broker mknowledme receipt ofinitlal QR~~CS~ money na per line line IS ofthe above offer.
EARNEST MONEY RECEIFT
......................... Broker
....... ., 19. ,..
(BY ..... .., ......
I " .. ...". L. -
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RIDER TO OFFER TO PURCHASE
The following terms end conditions are made a part of tho
Offer to Purchase attached ae if fully incorporated therein and
dated September 25, 1989 by end between the City of Huskego, as
Seller, and Delta QrOup, Inc., as Buyer.
A. EWER'S CONDITIONS OF CLOSING: Buyer's obligation to
conclude this transaction is expressly conditioned upon the
fulfillment, or waiver by Buyer, of each of the following
conditions (the "Buyer's Contingencies") within the time
indicated balaw for each of the Buyer's Contingencies. In the
event that Buyer's Contingencies are not satisfied or waived by
Buyer within such time, then this Agreement shall, et the option
of Buyer and upon notice as provided herein, terminate and all
monies paid hereunder by Buyer to Seller shall be returned to
Buyer forthwith. Failure by Buyer to give notice to Seller,
within seven (7) days after the expiration of such period, of
Buyer's election to terminate this Agreement shall constitute a
waiver by Buyer of the Buyer's Contingencies. Seller shall have
no responsibility with respect to obtaining satisfaction of the
Buyer's Contingencies except to the extent expressly set forth in
this Offer, and Buyer shall be responsible for all coats and
expenses in connection with the Satisfaction thereof. The
Buyer'a Contingencies ara as fallows:
1. Buyer entering into an agreement with a
builder/owner of the Buyer's choice to lease for a period of
not lass then 15 yeare a building to be constructed on this
site pursuant to Buyer's specifications. This agreement
shall be entered into within 90 days from acceptance of
this Offer or the Offer is null and void and all earnest
money shall be returned to the Buyer. This leese agreement
shall include an option for the Buyer to purchase the
building.
2. Buyer at Buyer's expense obtaining soil borings
and bearing Boil tests that are satisfactory to the Buyer
within 90 days from acceptance of this Offer.
3. Seller providing Buyer Certified Survey Map prior
to closing showing that the Property is a separate parcel.
4. Seller granting the Buyer within ninety (90) days
of acceptance of this offer a Riaht of First Refuse&
Contract to Purchase which is mutually acceptable to both
Buyer and Seller for the contiguous two (2) acres to the
weet.
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5. Seller providing at Seller's expense two CulVartS
which will provide access to the property from two sides
(This contingency may be satisfied after closing).
6. Receipt by Buyer of a certificate of occupancy
from the City of Muakego authorizing Buyer to occupy and use
the Property as a secondary aluminum smelter and ancillary
office use. (This contingency must be met or waived by Buyer
within 120 days after Seller's acceptance of thio Offat).
7. Buyer obtaining any and all federal, state and
local approvals necessary to use the Property as e secondary
aluminum smelter, including, the approval of the
Environmental Protection Agency, the Wisconsin Department of
Natural Resources, and the City oL Muskego. Buyer agrees to
make application for all such approvals within fourteen days
after Seller's acceptance of this Offer. (This contingency
must be met or waived by Buyer within 120 days after
Seller's acceptance of this Offer).
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8. Buyer obtaining written commitmente from First
Wisconsin National Bank for a Loan: the amount of the Loan
shall not exceed 61,150.000.00. The interest rate on the
Loan shall be a fluctuating rate to be adjusted daily which
rate shall for each day be Two Per Cent (2.08 more than
First Wisconsin's prime or reference rate of interest
established for that day. The Loan Shall be used to provide
Buyer with working capital and equipment necessary for
Buyer's operation of a secondary aluminum smelter at the
Property. The Loan shall be secured by a first lien seourity
interest on all the business assets of Buyer and an
assignment of Buyers's interest in its lease of the
Property. (Buyer has already made application to First
Wisconsin for the Loan. This financing contingency must be
met or waived by Buyer on or before November 15, 1989).
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9. Receipt by Buyer of a written environmental audit
or assessment of the Property (the "Environmental Report"),
prepared by a qualified environmental engineer eelected by
Buyer: which Environmental Report must not indicate any
suspected or potentisl environmental hazards or problems
with resp&ct to the Property and must otherwise be
satisfaotory to Buyer. seller agrees to assiet in the
preperation of the Environmental Report by providing all
information reasonably requested, permitting soil samples to
be taken from the Property, and Complying in a timely manner
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SEP 26 '0'3 15:5r3 CPRRrlE C-LR551IEE lzl141273-3742 P.7
with any other reasonable requests of the persons preparing
the Environmental Report. The cost of the Environmental
Report shall be the Buyer's responsibility. If the Buyer
shall not purchase the Property, then Buyer shall restore
any damege to the Property resulting from any tests
conducted with respect to the preparation of the
Environmental Report. (This contingency must be met or
waived by Buyer within 90 dsys after Seller's acceptance of
this Offer).
8. SPECIAL IMPROVEMENTS:
1. The purchase price includes the following
improvemehts: Sanitary sewer and 2" water laterals are at
lot line and fully paid and available for use by Buyer.
Buyer will connect to sewer and water including connection
fees at Euyer's expense. Electric and telephone service is
available along lot line. Natural gas is available in
Drive.
2. If said streets are not permanently surfaced at
the time of the completion of this transaction, maid atreeta
when permanently improved shall be at the expense of the
City and no special assessments with respect to the
permanent improvements of the streets shall be aesessed
against the property herein described, and the Buyer, his
heirs and assigns, shall have no further obligation with
respect hereto.
C. It ia agreed between Buyer and sellerr
1. The provisions of paragraphs thirteen (13) and
fourteen (14) of the Rules and Regulations for the Huskego
Industrial Park as originally adopted by the City of Muskego
by Resolution #145-70 on July 28, 1970, and further extended
to cover Muskego Industrial Park Addition #1 on May 27,
1986, are incorporated herein by reference as if fully set
forth herein. Said provisions provided in effect that in
the event the Buyer should desire to resell a portion of the
premises which are the subject of this Contract and which
are not being used in connection with Buyer's business, that
he must first offer the same to the City for repurchase.
The City shall then have ninety (90) days to act upon said
offer.
2. These provisions shall constitute covenants
running with the land and shall be binding upon succesaors
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and assigns of the parties hereto and may be included in the
deed which Seller delivers to Buyer in completion of this
transaction. Buyer acknowledges that he has received a copy
of the full text of the Rules and Regulations of the Huskego
Industrial Park and that he has read and fully underetands
SRGlO.
3. The warranty and representation made herein
survive the closing of this transaction.
EWER: DELTA GROUP, INC. SELLER: CITY OF MUSKEGO
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