CCR1990192AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #192-90 ,
DISAPPROVAL OF OFFER TO PURCHASE
(Seitz Equipment & Rentals or Assigns)
Industrial Park Addn.)
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 disapprove the attached Offer to Purchase
(Seitz Equipment h Rentals or Assigns - Industrial Park Addn.) in
the amount of $24,800.00 per acre for an approximate 3.5 to 4.6
acre parcel in the City's Industrial Park.
BE IT FURTHER KESOLVED that the Mayor and Clerk are authorized to
make a counter offer for $26,000.00 per acre subject to the
inverts being charged back to the buyer, for material only, to be
installed within two years from the date of closing, with the
City to provide, at the City's expense, three (3) culverts and
and the City Attorney as to the floodplain and alleged
that the counter offer include language acceptable to the Mayor
contaminated ground, if the Mayor and City Attorney deem
appropriate.
BE IT FURTHER KESOLVED that the City Engineer is hereby directed
Counter Office is accepted by Seitz Equipment & Kentals or
to prepare the appropriate Certified Survey Map only if the
Assigns.
I
DATED THIS 14th DAY OF Augu s t , 19YU.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST:
City Clerk
8/90
jz
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #192-90
APPROVAL UF OFFEK TO PURCHASE
(Seitz Equipment & Rentals or Assigns)
Industrial Park Addn.)
I
BE IT KESUCVED that the Common Council of the City of Muskego,
upon the recommendation of d the Finance
Committee, does hereby appr er to Purchase
the amount,of $24,8UO.UU pe imate 3.5 to 4.6
(Seitz Equipment & Rentals ial Park Addn.) in
acre parcel in the City's I ngent upon review
and approval of the City Attorney.
BE IT FUKTHEK RESOLVED that are authorized to
sign the necessary document City if approved
by the City Attorney.
BE IT FUKTHEK KESOLVED that s hereby directed
to prepare the appropriate
DATED THIS , 1990.
FINANCE COMMITTEE
Aid. Daniel J. Hilt
/ Ald. Edwin P. Dumke / Ald. Harold L. Sanders
City Clerk
8/90
jz
I
2 THE BROKEH DRAITINGTHIS OFFER ISTHIS AGEN7OF(SELLERI(BUYER)IStlikr 08 ~ppliceblel.
3 IF ACCEPTED. TIIIS OFFER CAN CHEATE A LEGALLY ENFORCEARLE CONTRACT. BOTH PARTIES
4 SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
WB-13 VACANT LAND OFFER TO PURCHASE
........ Uuskegq ,Wisconsin. *uau?!. .!O , IS.?P
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1 I at the price of ,?!,?FYTf:?uF, :th,?'!?.!<d ,?ight .hu?d:K?d ,and: n?!!'?! .Per .ac??.
12 and on the terms and conditions as follows:
13 Earnest money of $ .5.,000,0.Q, in the farm uf .C?,mP@,~Y, ,C?tSk, tendered with this offer.-
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15 ................................................................... 16 Fsjlu;C bf Bu).er'ta make earnest money p~yn~nth 8s providcd voids offer ai S6lib;'e option. Earnest money. if held by broker . . , , - and the balance in cash el closing.
17 shsl! be held ~n aellina brokcr'struatseeount rim toocceptonceoioffer and thereafter in listing brokcr'a truel~cc(~~ntor until 1; TI~EISOFT~~EESSEFICEASTO:
20 OCCUPANCY, DATE OF CLOSING AND AS IO AIL DAIES INSERTEII IN THIS OFFER twx~ ,, .ACCEPTANCE.LEGALPOSSESSlON.
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ap lwd to the urchnae r~e ntc10em-y low.
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21 22 THE BuYF,.R,.sOBLIGATioN.,i,oc~NCLuDF,.liiis'i.RANsAcTioNiscoNI1',TioNEdu~oNi;H.F,.~oNSu"ATl.oN
23 OFTHE FOLLOWING:
?5 restrictions and COVOIIBII~B. or any other eontinwncy. it muat be stated here. II none. so state.)
24 (If this offer ie subject to financing. survey. percolation test, spccific zoning or use. approval of rccorded building ond uoe
26 ............................................................................................................... See Rider atteched hereto whose terms and conditions are made a pert of this Offer
27 ........................................................... to Purchase BB if fully incorporated herein.
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11.1 THIS OFl?ER IS HEREllY ACCEI'TEL~. TIIE WARRANTIES ANI) REPRESENTATIONS MADE
111 HEREIN SURVIVE THE CLOSING Or' I111S TRANSACTION. THE UNDERSIGNED HERERY AGREES I-1i TO SELL ANI) CONVEY THE ABOVE.MEN'I'IONEI1 PROPERTY ON THE TERMS AND CONDITIONS
1411 AS SET FORTH AND ACKNOWI.EI)GES HECElPT OF A COPY OF THIS AGREEMENT
1:; Outed: .;.
149 Offer ie rejcried lScller imtinl.)
City of Uuskego
Wayne G. Selentine. myar
19. BY,:. ...... iSaller1
Scller'sSoeiul Security No.
.,. .,l!l.
\
RIDER TO OFFER TO PURCHASE
The following terms and conditions are made a part of the Offer to
Purchase attached, for land in the Muskego Industrial Park, as if fully
incorporated therein and dated August 10. 1990 by and between the City of
Muskego, as Seller, and Seitz Equipment 6 Rentals, as Buyer.
1. Buyer',s obligation to conclude this transaction is conditioned upon
the consummation of the following:
A. Financing
This Offer is contingent upon Buyer receiving a written
commitment from a financial institution for financing the
proposed building in the amount of 90% of the total cost of
plus two percent for a term of not less than fifteen years.
Buyer's project at annual interest rate not to exceed prime rate
This contingency must be met or waived by Buyer by September 30,
1990.
B. Soil Conditions/Environmental Conditions
This Offer is contingent upon Buyer, at Buyer's expense,
completing a sub-soil analysis showing that the soil conditions
of the subject parcel are sufficient and suitable to permit the
construction and erection thereupon of the improvements
contemplated by Buyer and that there are no environmental
contaminates. The results of such analysis being acceptable to
Buyer at Buyer's sole and absolute discretion. This contingency
shall automatically expire at the end of 30 days from the date
writing, within the 30 day period of Buyer's election to use
of acceptance of this offer unless Buyer notifies Seller, in
this contingency to nullify this Offer.
C. Survey
Seller shall provide Buyer a Certified Survey Map showing this
as a separate parcel prior to closing.
D. Contamination
Seller warrants to Buyer that no environmental contamination
parcel and further warrants that no further burning or storing
exists from Seller's previous burning of debris on subject
of debris will take place following acceptance of this Offer.
E. Permits
This Offer is contingent upon Buyer obtaining all necessary
permits to occupy subject property for Buyer's intended use of
manufacturing. ,
F. Floodplain/Wetlands
Seller shall certify, in writing, that subject parcel is not in
designated Floodplain or Wetlands prior to closing.
G. site Dimensions
Offer is for a parcel with minimum dimensions of 500' x 312' and
maximum dimensions of 500' x 400'. Final dimensions to be
determined by Buyer within 30 days of acceptance. Total price to
be adjusted to reflect actual acreage as determined by certified
survey map.
H. Improvements
Offer is contingent upon Seller, at Seller's expense, providing three (3) driveway culverts, concrete liners at the bottom of
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sprinkling of a 50,000 square foot building.
the drainage ditch, water lateral of sufficient size to allow
2. Special Improvements:
I A The purchase price includes the following improvements: i Sanitary sewer and 2" water laterals are at lot line and , fully paid and available for use by Buyer. Buyer will
' and telephone service is available along lot line. Natural
connect to Sewer and water at Buyer's expense. Electric
gas is available in adjacent drive.
B. If said streets are not permanently surfaced at the time of
' the completion of this transaction, said streets when
permanently improved shall be at the expense of the City
improvements of the streets shall be assessed against the
and no special assessments with respect to the permanent
assigns, shall have no further obligation with respect
property herein described, and the Buyer, his heirs and
hereto.
3. It is agreed between Buyer and Seller:
A'. The provisions of paragraphs thirteen (13) and fourteen
(14) of the Rules and Regulations for the Muskego
Industrial Park as originally adopted by the City of
Muskego by Resolution 1145-70 on July 28, 1970, and further
extended to cover Muskego Industrial Park Addition I1 on
May 27, 1986, are incorporated herein by reference as if
1 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.
I 8. These provisions shall constitute covenants running with
assigns of the parties hereto and may be included in the
the land and shall be binding upon the successors and
, 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
' Muskego Industrial Park and that he has read and fully
understands same.
C. The warranty and representation made herein survive the
closing of this transaction.
BUYER: Seitz Equipment 6 Rentals
By: syy c2DL Date: S//O 190
LEB A. Delaney J'
SELLER
CITY or noamw
By : Date:
Wayne G. Salentine, Mayor
Countersigned:
By : Date:
Jean K. Marenda, City Clerk
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