CCR1994075COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #15-94
RESOLUTION AS TO OFFER TO PURCHASE
MUSKEG0 BUSINESS/INDUSTRIAL PARK
(McKillop)
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 Robert McKillop and/or assigns for a 2+ acre parcel in the
City's Business/Industrial Park (Exhibit A) for a price of
$29,500 per acre to be accepted on or before April 20, 1994.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City if
approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Engineers are hereby
directed to prepare the appropriate Certified Survey Map.
DATED THIS 12TH DAY OF APRIL , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #15-94 which was adopted by the Common Council of the
City of Muskego.
4/94 jmb
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Milwaukee, V
WB-13 VACANT LAND OFFER TO PURCHASE
1 ... . .Gr.een€ield , Wisconsin, ............ March 30 a . ,1$,
THE BROKER DRAFTING THIS OFF'ER IS THE AGENT OF (SELLER) WLW-EW (Strike as applicable).
IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTI,
4 SHOULD READ THIS DOCUMElNT CAREFULLY AND UNDERSTAND IT BEFORE SIGNIN
5 The undersigned Buyer, .. .$.!?b'?r.t i.!SK?.l&?,P ?*d/?r. .a?.?%ns~ ..... ...... ..... .....
6 hereby offers to purchase the property known as (Street Address) .2+. Acres. .vacant .Land .khsk=go. .SndUs.tXiA.
7 in the c.ifY. . , of .MuSkego. ..... , County of ............ Waukesha , Wiscons
8 more particularly described as: . .outlhed on a.ttacbs.d. m3P ... (exhibit. .A).
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at'the price of ,twenty nlm ths!-%?nc; f.iV!. .h&dEd. .d?~laK?: Per. .?'re*?* , . . Dollars (s29.,5hQIA~r@.'
and on the terms and conditions as follows: ***Acre is defined as buildable - excludin drainage. and
Earnest money of5 l..O!20..00. in the form of P?rs.O!?l Check.
t?m+eycfe ................ i;. t.l&&?4*uuc~r*lnml .........
....................................................................................... ; and the balance in carrh at closir
shall be held in selling broker's trust accoullt prior to acceptance of offer and thereafter in listing broker's trust account or un Failure of Buyer to make earnest money payments as provided voids offer at Seller's option. Earnest money, if held by brokf
a plied to the urchase rice at closing or disbursed as royided herein or permitted by law.
tendered flRpRplab WI 16 o or.
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TYMEISOFTEEESSEKCEASTO:~~ .................I
......................................................................................................................... THE BUYER'S OBLIGATION TO CONCLUDE THIS TRANSACTION IS CONDITIONED UPON THE CONSUMMATIO OFTHE FOLLOWING:
24 (If this,offer is subject to financing, survey. percolation test, specific zoning or use, approval of recorded building and u 25 restrictions and covenants. or any other co!ltingency, it must be stated here. If none, so state.)
26 See..Rider. .at.tached .herem,, .tt~e, .terms. ,4nA.csrl~~t~P.~S..sf..w~iCh.a~.e Rad!? .*..P?F.t. .Of !hi.?.
27 Offar as i.€ f.ul1.y. .wnfained. .he,rein, ......... ...... .......... 9
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51 ADDITIONAL ITEMS INCLUDED IN THE SALE: from ...............................................
5 2 I. , . ................... ........ .. 53 ................................
54 ITEMS NOT INCLUDED IN THE SALE: None ................................................................ -.
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........... .............................................. 57 Sellershall, uponpayrnentofthepurcha:;eprice,conveytheproperty by warrantydeed,orotherconveyanceprovided herejr 58 free and clear of all liens and encumbrances, excepting: municipal and zoning ordinances, recorded easernentsforpublicutlLt1e
59 c r In the ropertv recorded ull in an use r tr ctlons a d COY nants, general taxes levied in the year of closing an1
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-ieu!d an8 Regul'atlons o'k tfe %u,:%ezo yniuitria? Par%
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60 as. ado.ptad. b,i .the. .City .of. Muskego.
61 and Seller shall completeand execute the documents necessary torecord theconveyance.(WARNING: Recorded buidnsand us$ .. provided none of the foregoing prohibit resent use
63 This offer 1s blndlng upon both parties only ifncopyoftheocceptedo~erisdeaosited,postageorfeesprepaid,in tKe.U.SXiiii' 62 resmctlons an,d covenants can have material impact on the use of or irn rovernents to the property.)
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64 or a commercial delivery system, addressed tu Buyer at ,110.17 W. .Lay.ton .Axe.. .Gr.eenf$e.id. .wT.. ...... or by person
65 delivery ofthe accepted offer to Buyer on os before AprSl. .20.,. 19.94., .............. Otherwise, this off
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68 on or before See. .Bider.
This transaction is to be closed at the office of Buyer's mortgagee or at the office of .Ci.fY. ,of. Mup,k$@, , . . , , . , , . , ,
69 Legal possession of property shall be delivered to Buyer on date of closing.
I 66 is void and all earnest moneydhall be promptly returned to Buyer.
19. , or at such other time and place ss may be agreed in writin
..... ........ It is understood the property is now Occ'Jpied by Vacant L4p.d
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73 Occupancy of .entir.e premis,c:;.
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shall be given to Buyer on .C~.o??.?g.. , , , . ............. ........... c,
.........,., ............................. ............................................................................................................................ 78 " 79 " .. I.
04/06/94 08:26 FAX 414 797 8940 NOONEY LeSAGE ld003/000
Seller represents that the property is zor.ed ,&.l ;Cnd.ustrlal P.ark . . ..................
86 (a)planned or commenced public improvements which may result In speclal assessments or otherwise materially affect th* Seller Garrants and represents to Buyer that Seller has no notice ?I knowledEe of any:
97 e.",,: ..
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ga Any income, taxes. or expenses thrnugh the day uf closing nccrur to Seller.
99 Cenernl taxes shall be prorated ut the the of closing bused on the net pcncrnl taxes lor the current yonr. if knnwn. othcrwis
101 " 100 on the net genernl taxes for the preceding wur.
io2 -'. ................ ."
103 Specialasses~ments,ifany,forworkonsireactuallycommencedorleviedpriortodateofthisoffeishallbepaidbySeller.A
104 other special assessments shall be paid by 'Buyer. (Caution: Consider a npecinl agreement if area assessments or homeowner.
105 association assessments are contem lated.) 106 Seller shall provide to Buyer at 8 eller's expense at least three (3) business days before closing.
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108 -- iscrue title insurance in the ammn
109 ofthe urchose price upon recording of proper documents;
110 showing title to tge roperty as o(a date no more than 13 days before such title proofis provided toBuyefto bein theconditjo
11 I called for in this ofi%, and further subject mly to liens which will be paid out of the proceeds of the clos~n and standard tit!
112 insurance exceptions or abstract certificate IimitBtions, as appropriate. Buyer shall notify Seller of any vall !" oblectlon to title 1
I13 writing by closing. Seller shall have a reasonable rime, but not exceeding 15 days, to remove the objectlons. and closlng shall t
Ift~isofferprovidesforalandcontract,priortoexecutionofthelandcontrnctSellershallprovidethesameev~denceoftitle~ requlred above and written proof, at or bef8,re execution, that the total underlying indebtedness, if any, 1s not In excess,of th
117 proposed balance of the land contract, and that the payments on this land contract ore sufficient to meet all of the obllgatlons ( 118 Seller on the underlying indebtedness.
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120 broker shall be disbursed as folluws: If the transaction fails to close and the parties fail KO agree on the disposilion of earnest money, then earnest money held b
extended as necessary for this purpose.
121 1. To Buyer, unless Seller notifies Buyer and Broker in writing no later than 15 days after the earlier of the Buyer's writte
122 demand for return of the earnest money or the date set for closing, that Seller elects to consider the earnest money a
123 124 liquidated damages or partial paymmt for specific performance. 2. To Seller. subjcct to amnunts pn~al~k to broker, provided the ahr~ve notice is given and neitherpartycommences a hwsu I25
Robert McKillop
Buyer's Social Security No.
(Huyer)
Buyer's Social Security. No.
145
14ti
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I46
141)
I jn
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I .55
I5G
157
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THIS OFFER IS HEREBY ACC1:PI'ED THE WARRAXTIES AND REPRESENTATIONS MAD HEREIN SURVIVE THE CLOSING OF TdIS TRANSACTION. THE UNDERSIGNED HEREBY AGREE TO SELL AND CONVEY THE ABOVE.MENTIOKED PROPERTY ON THE TERMS AND CONDITIOK AS SET FORTH AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS ACREEMEN' City of Muskego
Dated:
Offer is rejecteri (.Seller initial,)
1 $1 I)Y ,:. ... ....
Seller's Social Security No.
David L. DeAneelis. Mavor ...... .....
..... (Selle
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OfCer is countered (Seller initial.) By.:. .....
Jean K. Marenda. City Clerk (Selle
JOHN H. HENDERSON Seller's Social Security No. ....... .........
Pursuant to Resolution # passed by
the Muskego Common Council ...... on MOONEY LESAG:: & ASSOC-LTD.
This offer was drafted bv (Licensee nnll firm1 .....
EARNEST MONEY RECEIPT
Uroker acknowledccs recripl ufinitinl 1,arnest money as per line 13 of the above (1n't.r.
Brokl
04/0G/Y4 08:28 FAA 414 iYi M940 hlUONEl LeSAGE M004/IJ06
RIDER TO OFFER TO PURCHASE
The following terms and conditions are made a part of the Offer to Purchase attached as if llly
incorporated therein and dated March 30, 1994 by and between the City of Muskego, as Seller, and Robert
McKillop andor Assigns, as Buyer.
1. Contingencies:
A. .. ental AL&LSOJI Condbtmns. 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 investigaticm conducted by or for Seller.
Buyer, at its sole expense,, may conduct an on-site environmentdsoil condition inspection and
tesls 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 o:t'hs Offer.
B. SURVEY Seller, at Selkr's expense, within 30 days of acceptance of this Offer, to provide
Certified Survey Map showing subject property as a separate parcel, indicating all easements and
showing both 100 year floodplain boundaries and two (2) feet above 100 year floodplain
boundaries. Buyer shall have 10 days from receipt of said Survey map to determine, at Buyer's
sole discretion, the suitatsility of subject property for Buyer's intended use. If Buyer does not
accept, in writing, said survey within this 10 day period, this Offer is Null and Void and any
eamest money shall be returned forthwith.
C. CULVERT Buyer is responsible for up to the first $1,000.00 of cost to install a 30' driveway
culvert for access to the property. This agreement survives the closing.
D. APPROVALOFIONS This Offer is subject to approval by the City of Muskego of
the proposed use as headquarters for Buyer's company including, subject to meeting all
municipal codes and zoning requirements, sales and repair of garage doors and related materials
on subject property
E. -m This Offer is subject to Buyer receiving all necessary
approvals needed for the construction of Buyer's intended improvements.
@ F. i3UKIKi This Offer is subject to Buyer receiving a written commitment from a financing
institution for 75% of the projected cost of anticipated improvements at an annual interest rate.
not to exceed 8 3/4% for a term of not less than 5 years with payments amortized over 15 years.
G. 'This Offer is subject to Buyer's confiiation that all utilities, including
but not limited to electric, gas, water, sanitary sewer, and telephone are available for use with
subject property with extensions and laterals at a normal expense for similar projects.
H. TIMING Buyer must w,aive or satisfy, in writing, Contingencies A, D, E, F & H within ninety
(90) days from acceptance or this Offer is null and void and all earnest money shall be retuned
forthwith.
I. CLOSlNG Closing shall be no later than July 29, 1994.
e
A. The purchase price includes the following improvements: Sanitary sewer are at lot line and fully
paid and available for use by Buyer, Buyer will connect to sewer and water at Buyer's expense.
Elechic and telephone service is available along lot line. Natural gas is available in adjacent
Drive.
B. If said streets are not permmently surfaced at the time of the completion of this transaction, said
sheets 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 her1:to.
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 the City of Muskego Industrial Park as
originally adopted by the City of Muskego by Resolution #145-70 on July 28, 1970, and further
extended to cover Muske,go Industrial Park Addition #I 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 hlly understands same.
C. The warranty and reprcsentation made herein survive the closing of this transaction.
BUYER: SELLER: CITY OF MUSKEGO
By: - By:
Date: Date:
Robert McKillop
a By:
Countersigned:
Date: Date:
a