CCR1993271COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #271-93
APPROVAL OF OFFER TO PURCHASE
Muskego Industrial Park - Ham
WHEREAS, the City has received an Offer to Purchase from Lloyd
and Sally Hamm for a 1.5 plus acre parcel, identified on Exhibit
A, in the City's Industrial Park; and
WHEREAS, certain amendments have been proposed to the contract
and the City's acceptance of the Offer is contingent upon the
buyer executing the attached amendments prior to the acceptance
of the Offer.
NOW, THEREFORE, 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
plus acre parcel in the City's Industrial Park for the price of
Purchase and attached Amendment to Contract of Sale for a 1.5
$44,250 subject to a more detailed map being attached to the
Offer to identify the parcel.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
and approval of the City Attorney.
sign the necessary documents in the name of the City upon review
BE IT FURTHER RESOLVED that the City Engineers are hereby
directed to prepare the appropriate Certified Survey Map.
DATED THIS 14TH DAY OF DECEMBER , 1993.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #271-93 which was adopted by the Common Council of the
'0 12/93jmb
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Occupancy of .ENTIRE. PREMISES.
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shall be given to Buyer 0.n c.LO$.ING.
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Seller represents that the property is zoned IY,~ Indwstrial P.ark
Seller warrsnts nnd rcpresents tu I3uycr thul Sdler IIXR nu n,,tice or knowledc.c ,,Ictny:
(u)planned or commenced public improvcmentw which may result in special assessments or utherwise muterially arrcct thl
(1J)governnlent agenuy or court order requirinfi repnir, altcrntiun, or correction (,r any existing culldition.
(c)shorelnnd or spcclrll Innd use rcgulations affecting the property.
(d)undcrground storage tanks and the presence of any dangerous or toxic materials or conditiuns affecting the urupcrty.
property.
1CXCEI"I'IONS'I'O WARI<AN1'11SS ANI) REPIIESEN'I'A'I'IONS S'rA'rI<l) IN LINES R[]'I'O 90: EX.Cep,t t,h+.t, ,a,
"h,en. .du.?:. .BUY'??. ,is, r?.sP,'?V?ib$.e f,?T. ,the fir?.! .$.l,!?oo...oo..of. .co.qt.. ,~g,,~~,6~+.l,$, .q.dr;$v.~w~y
do.eS. .exist. .aKain.st. .this. ProJ?eF.tY:. Th9.S.e. A?~,es?,r?ent?, ,Wi.!l. be, .BUY.eF.'.$. ,Obi.iga,tio.rl, t,Q pay,
Re.ser.?e..Ca~!a?it~. .*?.~?.?~ent. .f?.r Sanitary sewer, .Servi.ce. and..?. ,Wat.er. .Ca~nc.~~y.,Ag.s~s.ggl.e,~t.
culvert..fo.r: the. .ProPertY,.. ......
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" ......................................................................................... Any income, taxcs;or expeiscs tllrouKI1 tl~c day ufclosing (ICC~IW tu Seller.
on the net general taxes fur the preceding year.
General taxes shull be pruratcd at the timeofclosing bssed on the netgcncral taxes for thecurrent year, ifknown. otherwist
showing title lo the properly RS uf a date no more tha~ 15 dnys lbefore such title proof is provided tu Buyer to be in the condition
called for in this offw. and further subject only to liens which will he paid nut of the proceeds of the closing and standard titlc
insurance exceptions ur abstravtcerlificnte limitations. as appropriate. Buyer shall notify Seller ofany valid nbjection to title in
writing by closing. Seller shall havc a reasunahle time. but not exceeding I5 days. to remuve the objections, nncl closing shall llr
extended as necessnrv for this nuruose.
of the purcl~ase pricc up011 recording of proper documents;
15 Ifthisofferprovi~esf'oraInndc~~ntract,priortoexecutiunoftl~elandcontrnctSellersl~allprovidethesnmcevidenceoftiilen.~
16 required above and written proof. nt or before execution, that the to181 underlying indebtedness. if any, is not in excess of thr
17 proposcd balance of the lllnd cr~ntrart. :lnd that the pnyments on this land contract nre sufficient tu meet 1111 ulthe ubliKations VI
I8 Seller on the undcrlyinc indebtedness,
20 brokcr shall he disbursed ns follows: !I
I:! I '1'0 13u,vr,r. unless Seller nutifies I3uyer and 13ruker in writing nu later thn~~ I5 days ilrter the earlierof the Ru.ver's written
demand Tor return uf thc earlwst nmnev or the date sct for closinL'. thal Seller clects to consider the earnest nmnev as
, ~ .~
19 If the transaction fails to close and the parties fail tu acme on the dispositiun ulcarnest muncy. then earnest money held I>)
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SellurandBu er~~reetom.tin~oudfaill~andusedili~encei~~completi~~~t~t~~crms~~ftl~isn~reument.'~l~isafirecme~~tbind~
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and inures to Ihc?lenrfil uI'tlle pnrlies Lo this nprer.ment nnd thcir successors in Interest.
141 iHuyer) ('liuyerl
142 Buyer's Social Security Nu. 39.5738-883.3 Buyer's Sncial Sccurity No. ..
1-1:1 THIS OFFER IS HEREt3Y ACCIIPTEU, TIIE WARRANTIES ANI) I{EPRESEN'I'ATIONS MADE
11.1 HEREIN SURVIVE THE CLOSING OF THIS TRANSACTION. THE IJNDERSIGNED HEREHY AGREES
145 'ro SELL AND CONVEY 'rHE ABOVLMENTIONED PROPERTY ON THE TERMS AND CONDITIONS
I46 AS SET FORTH ANI) ACtiNOWI.EDGES RECE[PT OF A COPY OF THIS AtiRELMEN'I'
IR.
City of Muskego
By.:.
DAVID L. DeANGELIS , Mayor
Scller's Social Serurity No.
I50 Offer is countered (Seller initial.) .....
151 By.:.
Jean K. Marenda, City Clerk (Seller1
1.52 JOHN H. HENDERSON Seller's Sociul Sccurity Nu. Pursuant to Resolution '# passei'dy ' ASSoC*LTD' The Muskego Common Council on __*, ,, , , 133 This offer was drxftc(1 I,y (Licetlsee 11nd firm) ...
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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 November 1 I, 1993 by and between the City of Muskego, as Seller, and
Lloyd S. Ham111 and Sally A. Hamm and/or Assigns, as Buyer.
I. Contingencies:
A. Environmental AudiVSoil 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 malerials 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. I
0 B. Governmental Aoorovals. 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. Further that Buyer
determines special assessments for water & sewer are less than $5000
C. SURVEY Seller, at Seller’s expense, prior to closing, to provide Certified Survey Map
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showing subject property as a separate parcel and indicating all easements.
D. CULVERTS Seller to provide up two (2) culverts providing access to subject property
from Enterprise Drive within 30 days following closing at a total cost to Buyer of
$1,000.00.
E. SALE OF PRESENT FACILITY This Offer is contingent upon Buyer completing the
sale of Buyer’s present facility. Buyer has an accepted offer with closing scheduled for
February 15, 1994.
F. TIMING Buyer must waive or satisfy, in writing, Contingencies A, B, and E by March
30, 1994 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 Buyer
contingencies but in any event no later than April 30, 1994.
11.
111.
Special Improvenlents:
A. The purchase price includes the following improvements: Sanitary sewer and water mains
are at lot line and available for use by Buyer. Buyer will connect to sewer and water at
Buyer's expense. Electric and telephone service 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
shall be assessed against the property lierein described, and the Buyer, his heirs and
assigns, sliall have no further obligation with respect hereto.
~ and no special assessments with respeci to the permanent improvements of the streets
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 Industrial
Park as originally adopted by the Cily 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 Illat he has rcad and Tully understands same.
C. The warranty. and representation made herein survive the closing of this transaction.
BUYER: SELLER. CITY OF MUSKEG0
,,,/' i By : ,y>d$,p'. 'J'&92. &,..c By:
J
Date: // - 1 7.- 9-3 Date:
Countersigned:
By:
Date:
I m.
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29 Ihycr: ......... ..... Scllct- . . Jean 'K. .Fiaienda, 'Clerk Sally A. &iriun
By :
32 PAIU 11: NOI'ICE I(ELA1INC 'IO CON'IRACr OF SALE
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ATTACHMENT TO AMENDMENT TG CONTRACT OF SALE
Hamm
1. The Seller's obligation to conclude this transaction is
conditioned upon the Seller and/or others taking all
steps necessary to amend the City of Muskego's Land Division Ordinance to allow the l~t which is subject to
this Offer to I?urchase to be created by this certified
survey. If this process is not completed to the Seller's sole satisfaction on or before ten (10) days
prior to the c:losing dare, the Seller, at its sole
option, may declare said Offer to Purchase null and
void and all earnest money shall be refunded to the
Buyer.