CCR1993213AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #213-93
APPROVAL OF OFFER TO PURCHASE
(Merit Asphalt, 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
from Merit Asphalt, Inc. and/or Assigns in the amount of $50,150
for a 2 plus-acre parcel on Enterprise Drive in the City's
Industrial Park, 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 if buyers
initial Lines 80-83 with dates inserted which refer to specific
flood plain and wetland maps and to include social security
number of buyer and signature of broker.
DATED THIS 14TH DAY OF SEPTEMBER , 1993.
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 #213-93 which was adopted by the Common Council of t
City of Muskego.
9/93 jmb
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #213-93
APPROVAL OF OFFER TO PURCHASE
(Merit Asphalt, 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
from Merit Asphalt, Inc. and/or Assigns in the amount of $50,150
for a 2 plus-acre parcel on Enterprise Drive in the City's
Industrial Park, contingent upon review and approval of the City
Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City.
DATED THIS DAY OF , 1993.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #213-93 which was adopted by the Common Council of the
City of Muskego.
City Clerk
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10-2-87 (oplianal use d;ttc) 3.1.HR lrnantli8ti~r.s USL. ht~l Milw;~t~kur. Wis
WB-13 VACANT LAND OFFER TO PURCHASE
1 F.rankLi~, , Wisconsin, .Sep.tember. ... 3 ,1993,
P 2 THE BROKER DRAPTING THIS OFFER IS THE AGENT OF (SELLER) tB-tWEW (Strike as npplicable).
F ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
5 The undersigned Buyer, .?!eF.if. ,ASP.h?lt,, .?PC: ,?nd./?r. ,?S.S!gns. . ,
6 hereby offers to purchase the property known as (Street Address) ?,? ACr.e,s. !!?C,?Ct. ,land, .in. ,M!SkCgQ. .1Cd.!Sf.Cia.i park
7 in the c.i!Y. . . of .Mu?keg?. , county of Waukesh?.
8 more particularly described as: .VP.ChCd. A!! ,+.tC+.GhC.d.lWp. .(C.??libiF. .A).
9. ,. .... .. ...
, Wisconsin,
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at the Drice of .F/f!Y .!h?"?.?*d :?!E. h."ndEd f.!f!Y, ?.nd: .??L'oo""-~"""-" ,. Dollars($.!o.r!5o:oo ,)
and on the terms and conditions as follows:
Earnest money of $ .1 ,!?QQ:.QQ. . , . in the form of .c?p%?nX chec.k..
:. ...................................................................................... and the balance in cash at closing.
Failure of Buyer to make earnest money payments as provided voids offer at Seller's option. Earnest money, if held by broke:,
shall be held in selling broker's trust account prior to acceptance of offer and thereafter in llsting broker's trust account or until a lied to the urchase rice at closing or disbursed as rovided herein or permitted by law.
OCCUPANCY, DATE OF CLOSING AND AS TO ALL DATES INSERTED IN THIS OFFERBFT .....................
cf$ ................ ir. the-fer... cf .................... to be paid within. 5.. .... days of acceptance of this offer-*
T~R~EISOFT~EESSERCEASTO:~EA~NESTMONEYPAYMENT,ACCEPTANCE.LEGALPOSSESSION.
THE'BuyE.R,.soBLiGATI.oN.TocoNcLuDE.THis'TRANsAcTioNiS.coND~TioNEDupoNTH.~ .coNs.u"ATl.oN
OF THE FOLLOWING: (If this offer is subiect to financina. survev. oercolation test, sDecific zoning or use. amroval of recorded building and use restrictions and covenants, or any other contjngency, it must be atated here. ITnone. so state.)
.See ,Ride.r attached hw.eC9.. thc. .terns. .of. .which .QF.C. made a. .~a.rt. .sf. .this, C!ff.er .a$. .if. .fully.
....................... contained herein.
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Buyer agrees that unless otherwise specified, Buyer will, in good faith, pay all costs of securing any financi& to thc extent permitted by law. and will perform all acts necessary to expedite such financing.
Includedinthepurchasepricearesuchofthefollowingitemsasmaybeonthepropertyonthedateofthisoffer,whichwillhe delivered free and clear of encumbrances: all fixtures; and ell garden bulbs. plants, shrubs and trees.
51 ADDITIONAL ITEMS INCLUDED IN THE SALE: . none.. ................................. , ....... . .....
53 .e ....................
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54 ITEMS NOT INCLUDED IN THE SALE: .'??.IF,. .............................................. ............. -
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................. ... .. ,. .. .... ..... Seller shall. upon'paymentof the purchase price, convey the property by warranty deed, ;8 free and clear of all liens and encumbrances, excepting: municipal and zoning ordinances, re-s " r In the ropert recorded UII In an use r tr ctlons a d ov nants, general taxes levied in the year of closlng and
60 as. .ado.pte.d. ky .the. .City. .Qf, Mv3.kego. ....... , provided none of the foregoing prohibit prescnt use.
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ancf Regdations ok &e %us&ego %dustriay
61 andSellershallcompleteandexecutetl~edocumentsnece'ss'arytorecordtheconveyance.(WARNING:Recordellbuildingnnduse
63 ThisofferisbindinguponbothpartiesonlyifacopyoftheaccepredoPferisdeposited,postageorfeespre~aid,intheU.S.mnil 62 restrlctions and covenants can have material impact on the use of or im rovements to the property.)
64 or a commercial delivery system, addressed to Buyer at iLL13. .V,. .Fp.qes.t, HW.C .&e,. .Fr.avklinn !'!x or by personal
65 delivery of the accepted offer to Buyer on or before Segt.emb.er /h. ,, ,199.3,
66 is void and all earnest moneyihall be promptly returned to Buyer.
Otherwise, this offer
67 This transaction is to be closed at the officc of Buyer's mortgagee or at the office of .city. .Sf. .MP,Skgg?.
68 on or before See. Rider .. 19. . ., or at such other time and place as may be agreed in writing..
69 Legal possession of property shall bc delivered to Buyer on date of closing.
70 It is understood the property is now occupied by !W.?nJ &,?l?d
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Occupancy of . mire. .p~.e~liseS. , shall be given to Buyer on &??.!"g. I ,
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Seller represents that the property is zuned I-.l Industrial P.ark
Seller warrants and represents to Buyer that Spller has no notice (!r knowledge of any: (a)planned or commenced public improvements which may result In speclal assessments or otherwise matrrinlly property. Ib)covernment aeencv or court order reouirinp repair, alteration, or correction of nny existing condition.
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Any income, taxes, or expenses thrnugh the day ~lclosing accrue to Seller.
on the net general taxes for the preceding year.
~~~~ments,ifany,forworko~~edorleviedpriortodatrofthisuffershallbepaidbySeller.AIl other special assessments shall be paid by Buyer. (Caution: Consider a special agreement if area assessments or homeowners'
association assessments are contem lated.)
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General taxes shall be prorated at the time ofclosing based on the net gcneral taxes fnr the current year. if known. otherwise
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Seller shall provide to Buyer at 4 eller's expense at least three (3) business days before closing, SdttMehe ' ice-o&
~oissuelitleinsuranceintheamount
showing title to 1 e property as of a dele no more than 15 days before such title proof is provided to Huycr to be in the condition
called for in this offer, and further subject only to liens which will be paid out of the proceeds of the closing and standard title
lns,urance exceptions or abstract certificate limitations. as appropriate. Buyer shpll notify Seller of any valid d~jection to title ill wrlling by closlng. Seller shall have a reasonable time, but not exceeding 15 days, to remove the ohjections. nnd closing shall he extended as necessary for this purpose,
Ifthisofferprovidesforalandcontract,priortoexecutionofthelandcontrnctSrllrrsh;lllprovidethes~l~nrevi~l~~nt.~~~~lfitlt~:~:: required above and written proof, at or before execution. that the total underlying indcbtcdness. ilany. is not in cxcess 01 the' yposed balance of the land contract. and that the payments on this land contract are sufficient to meet 311 ofthe obligatio
If the transaction fails to close nnd the parties fail to agrce on the disposilion of earnest money. then earnest Inoncy he1 broker shall be disbursed as follows:
1. To Buyer. unless Seller notifies Ruycr and Rroker in writing nu later than 15 d~ys after thc earlier ofthe Ijuycr's writrcn
demand for return of the earnest money nr the date set for closing. that Seller clects to consider the e;~rnr:;t nlon<a,y as liquidnted damages or partial pnyment for specific performnncc. 2. TU~eller,subjccttoamou1ltspayt1l1letobraker,prnvidedtheab~rvenoticeisgivt.n;1ndneitherp~rt,~c~~mm~~~~ccs;11;~u~.;u1t on this matter within 30 days alter receipt of the notice,
of the urchnse price upon recording of proper documents; R
eller on the underlying indebtedness.
In making the disbursement. the hruker shall foll<lw procudurus in Scctinn Ill. t,?.n!)[~1), Wis. Adn~, (:<~lc!, nishursement ol earnest money docs ngrt dcternlinc the legnl rixhts l~f the parties in rcluli~n 10 tllis i,grc#.nlc,lt, Both partiesagrcrtn hold thei~r~,kerll;~rmlt~sslr~,mnnyli~~hility forgwrd lxith rlisirurscmer,tufv;lr,ll!sf ~n<,nc,v iln ~~~~,,~;II,cc with this agreement or pruscnt I)cp1lrtment of ItexuIa~ion tlnd Licensing rugul:ttions conwrn,ng ,:ilrlllls~. lrl~,llv~.
Iftheprupertyisdamnperll~yI'ire~~relem~ntspri1rrt~,~.ime~~lclusingi~~an:~n~r,untwhicll~x~~~~~~rlr~vt.pr~~c~~~~~'~~~~~scl~i~~~~I,ri~r~.
thisconrractmaybecancelledut~~ption~fHuyt!r.Sh~~ul~lBuy~r~lectlocarry~~utthi~;~~~~~~~~~~~~~~~~~~~~~~~~~;~~~~~~~,~~~~~~~~~;~~~
be entitled to the insurance proceeds relating to damage to property.
..par.!. of thi.6. off'? LO. %Sh@.Se. .a?. .if. .fV.iJy. .incPxuvxat.ed. .her,ein, .The land .is ,presently.
SPECIAL PROVISIONS: .see. .&i.deC .r?.tta.Che.d hergtv. .Vh.Qse. ,te.rms. .and. .condi&ions are. .made, a
OSed PY the.CiQ Of Muskeg0 ~,~d..cu.rre.nt~y t,ax, exempt.
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Se~~ernnd~uyrrapreetm:irting:r,odfaithandus~dili~en~~incompletin~tlle~errn~i,ftl~is:Ig:reemcnt.']'hist,prccmenth~nds I
and inures to [he benefit of the parties tn this agrcement and their successors in interest.
(Buyer) (lluyerl
Buyer's Social Security No. Buyer's Sorial Scrurity No
By,:. .... ....................
Jean K'. Marenda, City Clerk" " lS~~llcri
Srllcr's Social Sc~urity Nu. Pursuant to Resolution '#
the Muskego Common Council on passed' 'by
...
RIDER TO OFFER TO PURCHASE
The following terms and conditions are made a part of the Offer to Purchase
attached as if fully incorporated therein and dated September 3, 1993 by and between
the City of Muskego, as Seller, and Merit Asphalt, Inc. and/or%signs, as Buyer.
I. 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 Buyer's expense. Electric
and telephone senice is available along lot line. Natural 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 and no special assessments with respect to the
permanent improvements of the streets shall be assessed against the
property herein described, and the Buyer, his heirs and assigns, shall have
no further obligation with respect hereto.
11. 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 #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.
B. These provisions shall constitute covenants running with the land and shall
be binding upon the successors 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 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.
III. Contingencies:
A. Financinc
This Offer is subject to Buyer obtaining a written commitment from a
financial institution for eighty (80%) of the total cost of Buyer's proposed
project including the purchase of subject property and anticipated
improvements necessary for Buyer to use the facility for its intended
purpose. Said financing shall be at an annual interest rate not to exceed
ten (10) percent with principal and interest payments amortized over
twenty (20) years with a term of not less than ten (10) years with a balloon
payment for the balance.
B. Environmental Audit/Soil Conditions. Promptly after acceptance. of this
Offer, Seller shall provide to Buyer all such information as Seller may
possess regarding uses of the Property by Seller and its predecessors in
title, the sources and nature of any land fill or other materials which at any
time have been placed upon the Property, and the results of any soil boring
tests or environmental investigation conducted by or for Seller.
Buyer, at its sole expense, may conduct an on-site environmental/soil
condition inspection and tests on the Property as Buyer deems appropriate,
the results of such inspections and tests to be acceptable to Buyer, at
Buyer’s sole and absolute discretion. If Buyer notifies Seller in writing of
Buyer’s determination that said results are unacceptable to Buyer or of the
existence of environmental violations, hazards, unsuitable soils for Buyer’s
intended development or similar conditions on the Property, Buyer at its
option by such written notice may terminate the contract arising from
acceptance of this Offer.
C. Governmental Aourovak. This offer is contingent upon Buyer, at Buyer’s
expense, obtaining necessary written approvals including, but not limited to
approval for projected facility from the State of Wisconsin and the City of
Muskego.
D. SURVEY Seller, at Seller’s expense, prior to closing, to provide Certified
Survey Map showing subject property as a separate parcel and indicating
all easements. The Offer is based on 1.7 or more buildable acres, defined 0
as not encroached by utility or drainage easements. If survey shows less
than 1.7 acres of buildable acres then at Buyer’s option the price will be
reduced a proportionate amount based on a purchase price of $29,500 per
buildable acre or Buyer may cancel this Offer.
F. m’MING Buyer must waive or satisfy, in writing, Contingencies A thru D
within ninety (90) days from acceptance or this Offer is null and void and
all earnest money shall be returned forthwith.
G. CLOSING Closing shall be within 30 days of waiver or satisfaction of
H. OPERATION Buyer intends to run an asphalt business from this location
Buyer contingencies but in any event no later than January 31, 1994.
that may, at times, be a 24 hour operation. While the majority of the
business is done away from this location there will be truck traffic coming
and going.
H. The warranty and representation made herein survive the closing of this a.
transaction.
BUYER: SELLER: CITY OF MUSKEGO
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Date: 9” 3-2 3 Date:
Countersigned:
By:
Date:
CD