CCR19922980
12/92 jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #298-92
APPROVAL OF OFFER TO PURCHASE
(Kids Kampus Group, Inc. - Industrial Park Addn.)
BE IT RESOLVED that the Common Council of the City of Muskego,
Committee, does hereby approve the attached Offer to Purchase in
upon the recommendation of the City's broker and the Finance
the amount of $40,000 for a 2.4002 acre parcel in the City's
Industrial Park on Enterprise Drive, contingent upon review and
approval of the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City.
DATED THIS 8TH DAY OF DECEMBER , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #298-92 which was adopted by the Common Council of
the City of Muskego.
14: TIilS OFFER IS HEILEBY ACCEPTED. THL WARRASTIES .AND REPRESENTAT~OXS "/\DE
14. NEREIN SURVIVE TH3 CLOSING OF THIS TRANSACTION. THE LNDERSiCSED HEREBY AGREES :.15 TO SELL AND CONY1 Y THE AROVE.MENTlOh'ED PROP6RTY ON THE TERMS AND CONDITIONS 1.16 AS SET FORTK AhD ACKNOWLEDGES RECElP~i~vFo~nr;6~~cYoOf THIS AGREEMF.NT
!IOOSEY LeSlCE
RIDER TO om ro PURCHASE
The foUowlng terms aad conditions :Ie made a part nf thc Option In Purchase atechcd RI if hllly
incorporated therein and &led 0cbl)cr 22, 1992 by and between tlle City of Muskego, as Sdk,
h P- . ay- fib:; kh$?Js I NL
I. Cab: Buycr'A ObUgidon to conclude 1111s vansaclion shall be condngent upon
the following:
A. Buyer omking from the cjly of Muskego and all other appropriate governmend
bodies, an or before March 15,1993, at Buyer's sole cost, all necessary or
appropriate building, zoning and other approvals and permits, so as to permit the
wnrtrucdon and operalion on the Property of a daycare facility and other activities
as are axeptable by Bllyer in ils 30k discretion (the "Project"). Upon Buyers
receipt ,Ir govemmenlal approvals, this contingency shall be deemed satisfied or
waived. If govemmentA approvals or Buyer's written notice of satisfaction or
Buyer's walver of this contingency is not submined IO Seller within the time frame
set abov:, then at lhe uption of Buyer or Seller, this Offer shall be null and vold
and all camest money to bc renmed to Ruyer fnrthwith.
8. Buyer entering into, on or before Jan~~ary 15, 1993, In form and substance
acceptable to Buyer at Buyer's sole discretion IO conshct the project. If Buyer
satisfactnry to Buyer an agreement wilh a Builder under terms and conditions
does no; give wrinen notice of satisfaction or Buyer's waiver of this contingency
within UE time frame set above, then this Offer, at the option of Buyer or Seller.
shall be null and void :md all eamest money returned to Bnyer forthwlth.
C. Buyer o!)laining. on or beforc March 15. 1993. satisfactory soil borings and other
WnstruCUOn thefton, without unusual cost or expense of the Project, and the
tests of $e Property for determlnlng the suitability thereof for conventional
by engineers selected hy, and at the sole cost of Buyer. If Buyer does not give
absence of any environ:ncntal problems or concerns. which ests shall be prepared
written liotice of satisfaction or Buyer's waiver of this contingency wilhin the time
frame s~t above. Ihen this Offer, at Ihe option of Buyer or Scller, shall be null and
void ancl all earncst money returned lo Buyer forthwith.
D. Buyer shall have obtained. on or before March 15, 1993, a committnenr for a fust
purchase price of the Property and Project, with a fixed rate interest not to exceed
mortgagc loan from a lending institution in an amount ,not jess than 90% of the
years. fJl other terms and conditions of such mortgage loan shall be reasonably
10% Pel mum. amortized over a 30 yea period and a term of not less than 5
.QtiSfacttuy to Buyer ar.d Buyer's counsel. If Buyer does not give written notice of
SatiSfaCti3n 01 hyCr'S ,UdVef Of lhis contingency within the time frame set above,
then Lhih Offer. at the option of Buyer or Sellcr. shall be null and void and all
earnest money returned to Buyer forthwith. dci t, l?u<zL. S+'L ,m*r 7kr &,y.,rm UlTM,N ds h.fi or /%=~fl,W~~
II. Access I A/b.'Z' Am 9'6 6-~+r mowq &ecrd,zn/do ~~,b~,fU,
r
of TM,S ~w&z a7 6wF.a .Ad DOC~C~,J~ BY~rr 5.- 7em.&~i-t v+//1
Co 4 w,rd (rffirr~ N&>d p r;~dP. ~~r*~.q n+6 %+prmmc 3c?
A. Seller apes that Buyer shall have full and complete access to Seller's pmpeny and
license to go upon the property for purpasc of soil borings md testings,
environnental audits, excavation and engineering testing. surveying and topography
ptmit zny liens to atk,:h to Scllw's propeny by reason of such activities. Buyer
measuremen&, and any related mancrs. all at Buyer's role co3t. Buyer shall not
shall ma:ntain lisbility insurance for all such activities on Ule subject property. To
connectinn with the fnrrnninr, wrh rh-11 --+----I .- . ' -, .. the extcllt Buyer may disturb any Of the surface or subsurface of the land in
t
A. The purchase price includes the following improvements: Sanitary sewer and 2”
water lamah are at lo: line and fuUy paid and available for use by Buyer. Boyer
will conllect to sewer and water at Buyer’s expense. Electric and telephone service
is availal)lc along lot line. Natural gar is available in adjacent Drive.
B. If said axeto are not permanently surfaced at the time of the completion of this
transactifin, said suets when permanently improved shall he at thc expcnsc of thc
City an6 .no special asst.ssments with respect IO the permanent improvements of the
sheets shall be assersul against the properly herein described, and the Buyer, his
heirs and assigns, shall have no further obligation with rerptrt hereto.
A. Tne provisions of paraj:aphs thirteen (13) and fourteen (14) of the Rules and
Regulations for the Muskego Indusbiai Park as originally adopted by the City of
Muskeg,) Industrial Park as originally adopted by the City of Muskego by Resolution
#145-70 on July 28. 1970, and further extended lo cover Muskego Indusuial Park
Addlrlo~~ #I on May 27, 1986, arc incorporated herein by reference z if fully set
forth herein. Said provisions provided In effect that in the event the Ruyer should
desiie t11 resell a portica of the premises which are the subject of this Contract and
which are not being u3.d in connection with Buyer’s business, that he must first
offer thr same 10 the City for repurchase. Thc City shall then have ninely (90) days
to act ullon said offer
B. These provisions shall constitute covenants running with the land and shall be
binding upon the successors and assipnr of he parties hereto and may be included
acknowldges that he Ilz rcfeived a copy of the full text of the Rules and
in the deed which Sellr:r delivers to Buyer In completion of this transaction. Buyer
Regulatians of the Mu:;kego Industrial Park and that he has rmd and fuUy
understands same.
C. The wznanty and reprcsentation made herein survive the closing of this transaction.
SELLER: CITY OF MUSKEGO
Muskego.Rid
PRCFAREO BY
RUEKfRT & YIfLKE. INC.
WAIJKESHA, H1. 531.88
W2J9 N1.512 ROCKw000 DR.
UNPLATTED LANDS "- """
i TEMPORARY "