CCR1992028COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #28-92
RESOLUTION AS TO OPTION TO PURCHASE
Industrial Park Addn. -- Raab
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 Option to Purchase
(Industrial Park Addn. -- Raab) for a 3.2+ acre parcel in the
City's Industrial Park (Exhibit A) for a price of $62,000 to be
exercised in writing on or before July 15, 1993.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
approved by the City Attorney.
to sign the necessary documents in the name of the City if
DATED THIS 28TH DAY OF JANUARY , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Harold L. Sanders
Ald. Edwin P. Dumke
This is to certify that this is a true and accurate copy of
Resolution #28-92 which was adopted by the Common Council of the '0 - - City of Muskego.
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\VU-24 OPIION 'IO I'UIICIIASE
W4URES.W.
THE BROKER DRAFTING TlllS OPTION IS TllE AGENT OF (SELLER) tlWWf+l (Slrike as applicable).
THIS OPTION IS A LEGALLY ENFORCEABLE CONTRACT. BOTll PARTIES SllOULD READ TlIlS DOCUMENT
CAREFULLY AND UNDERSTAND IT IIEFORE SIGNING.
lheroby grants ID .Pud!?lPh .b?h
an option IO purchase the property known as (Strce~ Address) I:?!. .AC,r??. .?e. .P!tl.~Ce.~. a!. .8f!.aChd .T?€!. .&hLb.iC. A).
, . Wlrconsln. .Janua.sY..17.,. ,, 1992
clFy..o.r.M~segoI..~.I?uniSipal.CorPo?a.~~on Seller.
Buyer. ....
in !he .clCY or .Muskego. county or ~aukeiha. ..~ ..
vacant lend in the Muskeg?, ,Jndu?t?i.ii:.Paik. , Wisconsin. more panicularly described as:
................................
..............................................................................................
......
...... ...... ...... ....... ....... ...... - .........................................................................................................................
Buyer agrees that U~~CII otherwise specified. Buyer will. in good faith. pay all costs aloecunng my financing to lhe exlenl permilled by law.
and will pcfiom all mcls nccrlaar/ to expedile such financing.
TIME IS OF THE ESSENCh AS TO; PAYMENT OF OPTION FEE P. EXERCISE OF OPTION,
LEGAL POSSKSSION. OCCUPANCY." AND ALL DATES INSERTED IN THIS OPTION
r "T
I. ......................................................................................................
~~ ........... ...................
Ano~lionrcc~h~llbeI.5~00:~o. wl~ichrhallbcpay~blcupane~ec~~~ion,andrhallna~brrelundableilli~captionirnolcrereired. lllheoplionir
This aplion must be exercised in wiling on or bdorc July !Jt,
exercised. a,".
cenilied mail. recripl requested. or by commercial delivery service. grerciringoplion and addressed 10 Seller at .w!!'?. .SB?!q
' Racine Ave. Muskego WI 53150
or the option ree hll bc a rrcdil against IIIC ~I~CI,~SC price 11 CIOS~~~. .. 19 83. .. by Ihe mailil! ora notice by
....................................... , . or by personal delivery or Ihe nolice.
n ................................ .,..... ,.", ................. .... ..... ......... BIB" option extension reC which-k&bwnt le oplion is no1 rxcrcircd. If the option is rxcrcircd.
in cash or cheek 10 Seller on or hcrorr . 19
The option lee
................................................................................................................ 1 (Slrikc one.)
............... .. ", -m-,
' shall be: (paid direclly to Seller) fhpl ..
This Iransaclion is 10 be closed st the allice or Buyer's mongngec or nl he allice or city, of. Muskego ... ... .... .... .. .. ...... wilhin .?o. days dlcr the ..... exercise ollhc aplian. or a1 such oUler lime and plocc 8s may be agreed in writing by Buyer and Seller.
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ITEMS NOT INCLUDED IN THE SALE .!!a?? - ...................................................... ...... ............ ..............
........................................................................................... Plkkdew k; ..................
... ~ ......... ...........
120 the benefit or the ~rties to this ag<ement and heir 1YCC&OrP in intc&t. - 121 THE WARRAP~TIES AN0 REPRESENTATIONS MADE IlERElN SURVIVE THE CLOSING OF THIS TRANSACTION. 122 THE UNDERSIGNED SELLER HEREBY AGREES TO SELL AND CONVEY THE ABOVE.MENTIONED PROPERTY ON THE 123 TERMS AND CONDITIONS AS SET I'ORTII AND ACKNOWLEDGES I~ECEIPTGF A cow OFTHIS AGREEMENT.
City of Muskego
124 BYi..u' d&z
125 SELLER*WZG.. Sslentine. Mayor
126 Social Sccurily No.
127 BY; ..
129, Social Seczty No. ........ Soeial Security No.
130 Huskego CommoACKw~IPmEMENT
131 STATE OF WISCONSIN
132 Personally came bcfore me lhis day oi
133
Personally come before me lhir
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136 to me horn to be the person(r1 who executed the foregoing
137 in$trummt md acknowledged the same.
10 me known to be the prron(s1 who orrsulcd the rorrgolng
138
inrlrument and acknowledged the same.
139 ',
140 Notdry Public. State or Wisconsin Notary Public. Stale or Wisconsin
141 My Commission My Commission
Pursuant LO Resolution UAB passed by the
ACKNOWLEDGEMENT
STATE OF WISCONSIN
, 19 .,the above named
day or
, 19 .. Ihe store named
.......
142 AUTHENTICATION
143 Sipaturs(r) of
144
145
146 authenticated this day of , , 19
141
THIS INSTRUMENT WAS DRAFTED BY
.........
, .nelFd?. Guineher ...
*The name oi the person signing should be typed or printed here.
RlDER TO OPTlON TO PURCIIASE
The [allowing terms and conditions are made a part of the Option to Purchase attached as if fully
incorporated therein and dated January 17. 1992 hy and between the City of Muskego, as Seller. and
Rdolph Raah, as Buyer.
r. Contingencies:
A. Seller shall provide a certified survey map, showing all easemenls, of suhject property to
Buyer within 60 days of acceptance of this Option to Purchase. Buyer shall have 10 days
from receipt of said survey to accept or reject, at Buyer's sole discretion, the feasihility fo
constnrct Buyer's proposed industrial facility. If Buyer rejects this feasibility and notifies
void and the option fee slrall be returned forthwith. If Seller is not notified within said 10
Seller, in writing, of SIIC~I rejection within this 10 day period, this contract will he null and
day period. tlrat constitrrtes acceptance and this contingency is waived.
11. Special Improvements:
A. The purchase price includes the following improvements: 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 at Uuyer's expense. Electric and telephone service is available along lot
line. Natural gas is availahle in adjacent Drive.
l3. If said streets are not permanently surfaced at the lime of the completion of this transaction,
said streets when permanently improved shall be at the expense of the City and no special
assessments with respect to the permanent improvements of the streets slrall be assessed
against the property herein described. and tile Duyer, his heirs and assigns, shall have no
furrher ohligation with respect hereto.
111. 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 !he City of Muskego lndustrial Park
as originally adopled hy the City of Muskego by Resolution 8145.70 on July 28, 1970, and
Rrrther extended to cover Muskego Industrial Park Addition #I on May 27, 1986, are
incorporated herein hy reference as if fully set forth herein. Said provisions provided in
effect that in the event the Uuyer should desire to resell a portion of the premises which are
the suhject of this Contract and which are not being used in connection with Uuyer's business,
that he must first offer the same to the City for repurchase. .The City shall then have ninety
(90) days to act rrpon said offer.
U. These provisions shall constitute covenants running with the land and shall be binding upon
the SIrccessors and assigns of the parties hereto and may be included in the deed which Seller
delivers to Uuyer in completion of this transaction. Buyer acknowledges tllat 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.
UUYER: Rudolph Raah SELLER: CITY OF MUSKEG0
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