CCR1994143COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #143-94
RESOLUTION AS TO OFFER TO PURCHASE
MUSKEG0 BUSINESS/INDUSTRIAL
PARK
(Building Construction Inc.)
BE IT RESOLVED that the Common Council of the City of Muskego,
Committee, does hereby approve the attached Offer to Purchase
upon the recommendation of the City's broker and the Finance
from Building Construction, Inc. and/or assigns for a 4.8076
acre parcel in the City's Business/Industrial Park (Exhibit A)
June 27, 1994.
for a price of $25,000.00 per acre to be accepted on or before
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 14TH DAY OF JUNE , 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 #143-9 which was adopted by the Common Council of
the City of Muskego.
6/94cma
f .!ul.!,-nr ("primal use dare) :j.I-HX imnntlotory use dolei Milwaukee. Wis
.................... .... ...
WB-13 VACANT LAND OFFER TO PURCHASE
Waukesha . I Wisconsin, J.ul?e. 3,. . s 19?4.
4 SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING
3 IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
The undersigned Buyer, Buildin% Construction, Inc ... .......................................
7 in the ...... .. .. . County of .. , Wisconsin,
8 more particularly described as: Lot ..........................
9 ......... ......................
10 ~~~ ..... ...................................
LL a+.+hEpriw4f' Twenty five ...... thousand .... and no!!!? ,dpllars.~e=,,?=~~*~~,,,~ ...... ~ D~~~~=~~~,OOO.!AFF.B. ..,)
...
13 Earnest money of $ .3.,.00.Q. 00 in the form of .Company. .Check
15 ................................................................... 18 Failure of Buyer to make earnest money payments as provided voids'offeratS'e~1~;'~n. Earnest money, lf held by broke:. and the balance in cash at closing.
17 shal! bo held in selling broker's trusc accouvt rior to acceptance of offer and thereafter in listing broker's trust account or until 18 a hed to the urchase rlce otclosrnL
20
21 ........................................................................................................................... 22 THE BUYER'S OBLIGATION TO CONCLUDE THIS TRANSACTION IS CONDITIONED UPON THE CONSUMMATION 23 OFTHE FOLLOWING:
25 restrictions and covenants, or any other contingency, it must be stated here. If none, 60 state.) 24 (If this,offer is subject to financing, survey, percolation test, specific zoning or use, approval of recorded building and use
26 See.Rider..at.tached .herem,. .the. .term. a~d.Eo.~d~T~P.~S..Qf..w~.~.lFh .aF.~.pl~de.a..Pa~~.Of. Ahis ..... m. . mfar as. if f~1I.y. .cQP.c~~.F~ .herein:. ........................................................
14 meneyw&$ ................... &&e+~ ;! .................... to be paid within. .5. . days of acceptance of this offerer
19 TYRE IS OFTFIE ESSE~CE ASTO: ' ......................
/ - " ............................ .. .............. ... ..............
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32 ,. ..................
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40 ..... ...................................... ... ...............................................
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................. ...... ~~.. .......................................................... 47 Buyel agrees that unless otherwise specified, Buyer wiii. in good faith..pay all costs of securing any financing to the extent
48 permitted by law. and will perform all acts necessary to expedite such financing.
50 delivered free and c ear of encumbrances: all fixtures; and all garden bulbs, plants, &rubs and trees. 49 Included in the urchase price are such of the following items as may be on the pro erty on the dateof this offer, which will be
5' ADDITIONAL ITEMS INCLUDED IN THE SALE: None.. .......................................
5 2 ..
P .. .. ...............................................
.................. ..,~~ ............ ~~ . ...........................................
MS NOT INCLUDED IN THE SALE: . NO~E ......................... :. ................................. - ... .
55
56
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~~ ...... ..... ........................................................... ............................................. 57 Sel.lershall,uponpaymentofthepurchaseprice,conveythepropcrtybywarrantydeed,orotherconveyanceprovidedhe~ejn.
;8 freeandclear ofall Liensandencumbrances,excepting: municipal andzoningordinances,recordedeasementsforpubllcutillhes
39 r in the ropert recorded uil in an use r tr ctlons a d ov nants, general taxes levied in the year of closing and %Ief an8 Regupations ok tie %&ego '%dustrid $ark
~
60 as. .ado.pte.d. b.y .the. .cw. .of. MVSkegQ. ...... 6! andSel~ershallcompleteandexecutethedocumentsnecessarytorecordtheconveyance.(WARNING:Recordedbuil~nganduse provided none of the foregoing prohibit resent use,
62 resrrlchons and covenants can have material impact on the use of or improvements to the property.) 63 Thisofferisblndlnguponbothpartiesonlyifacopyoftheacceptedofferisdeposited,postage,orfeesprepaid,intheU.S.mail
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or a commercial delivery system, addressed to Buyer at 8505 University Green. Middleton WI. .-!?56%r by personal
delivery of the accepted offer to Buyer on or before June 27 1994 ........................ Otherwise, this offer
is void and all earnest moneyshall be promptly returned to Buyer.
This transaction is to be closed at the office of Buyer's mortgagee or at the office of. .ci.CY .Of. MV?k%'?. ........
on or before ..See. .Elder.
Legal Possession of property shall be delivered to Buyer on date of closing.
. 19. , or at such other time and place as may be agreed in writing.
It is understocd the pruperty is now occupied by Vacant, L,a~d. ..........................
aSL1c. ........................................................................ -
~~ ~ ~ ~~ ................................
Occupancy of . .entir.e premises
~~ ..
shall be given to Buyer on .F?.?Si.?6.. ...................
ce V. w ........... 5' daJ;rrhich
.............................. 1;; .................. ... ...................................................................................................... ;. ..
'79
80 ,-(Map dated l,'?-i.~$z. indicates) (&(part)(&) of the property is located in a flood plain (Strike
81 applicable).
85
86 87
89 90
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100 99
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102 103
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105 106 107
109 108
111 110
a8
9a
116 117 118
.
applicable).
7) (hgap dated J..~...l,:6~. indicntes) (none) (pw+j+& of the property'is located in a wetland .(Strike
Seller represents that the property is zoned .kl hdustxid.. P.ark ........................ ....
Seller Garrants and represents lo Buyer that Seller has no notice or knowledge of any:
(a)planned or commenced public improvements which may result in special assessments or otherwise materially affect tl property.
(b)government agency or court order requiring repair, alteration, or correction of any existing condition. (c)shoreland or special land use regulations affecting the property.
(dlunderground storage tanks and the presence of any dangerous or toxic materials or conditions affecling the property.
EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES 80TO 90: EX?P.t t.b+.t. ,+. ..
ReSenIe. .C?P?citY ,Assessment .f?.r: sanitary .sewer. .service. and, .a. Water. .Ca€?af.itY. .4PFies.~~e.nL..
do.%?. .exist. .aaa$nsf. .!his PT !er!y:. These. A?~,essmencs, .vill. be, .BWF,'.$. .ob~.igacim. C.Q. p.4~. . when. .due: .BVY?F. .is. ~esponsible for. .!he firs.! $.!,P.OP,.,OP, ,of,.c~.sr. .r~..~~sf~.~~..4.drive~ay. .. culvere. ,for the. .PF!?PerfY... .. ... .....
........................................................................................ Any income, taxes, or expenses through the day of closing accrue to Seller.
on the net general taxes for the preceding year. Genernl taxes shall be proruled ut the time ofclosing bused on the net general taxes f11r the current yeor. ifknown, othcrwis
of the urchose price upon recording of proper documents; showing title to 1 E e property as of a date no more than IS days before such title roof is provided to Buyerto be in theconditjor called for in this offer, and further subject only to liens which will be paid out orthe proceeds of the closin and standard tlt,lf Insurance exceptions or abstract certificate limitations. as appropriate. Buyer shall notify Seller ofany valifobjection to title in wrltlng by closlng. Seller shall have a reasonable time. but not exceeding 15 days, to remove the objections, and closmnshall be extended as necessary far this purpose.
Ifthisofferprovidesforalandcontract,priortoexecutionofthelandcontractSellershallprovidetlresameev~denceoftitleas requlred above and written proof, at or before execution, that the total underlying indebtedness, if any. is not in excess of the
Seller on the underlvinc indebledness.
proposed balance ofthe land contract, and that the payments on this land contract are sufficient to meet all of the obligations of
137 p.lain.limits., .................... ........... I38 SellerandBuyera~reetnactingoodfaithandusediligenceincomp~etin~thetermsofthisagreement.Thisagreementbinds 1.39 and inures to t e benefit of the partle to thls agreement and their successors in interest. Build&g Constsu-ccftion&. '
(Huyer)
Buyer's Social Security No. .....
..
(Buyer)
lhled: .......... I-IR
149 Offer is rejected (Seller initial.) Seller's Social Security No. ........ (Seller)
.......
13 Ofler is countered (Seller initial.)
1.51
1.5'
I i This offer was drafted by (Licensee and firm)
154 It was presented to Seller by nn .. .. 19. . at ... .:... . ..m.
.......... By.:.
City Clerk (Seller)
MOONEY LESAGE & ASSOC.LTD.
JOHN H. HENDERSON
........
155 EARNEST MONEY RECEIPT
IT,G ljrtlker acknowledges receipt of initial earnest money as per line 13 of the above offer.
................................. 157
15.9 ...... ..
159
1'1.
Broker
(BY ..................................................... )
RIDER TO OFFER TO PURCHASE
The following terms and conditions are made a part of the Offer to Purchase attached as if filly
incorporated therein and dated June 6, 1994 by and between the City of Muskego, as Seller, and Building
Construction Inc. andor Assigns, as Buyer.
I. Contingencies:
A. 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 environmentallsoil 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 fiom acceptance of this Offer.
B. SURVEY Seller, at Seller'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 suitability 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
earnest money shall be returned forthwith.
C. CUJJXI Buyer is responsible for up to the first $1,000.00 of cost to install two (2) 30'
driveway culverts for access to the property. This agreement survives the closing.
D. AF'PROVAL OF OPEBBTIONS This Offer is subject to approval by the City of Muskego of
the proposed use as headquarters for Tenant's company including, subject to meeting all
municipal codes and zoning requirements, sales and fabrication of sheet metal and related
materials on subject property.
E. APPROVAL OF BUILDING PLANS This Offer is subject to Buyer receiving all necessary
approvals needed for the construction of Buyer's intended improvements.
a F. FINANCING This Offer is subject to Buyer receiving a written commitment from a linaacing
institution for 75% of the projected cost of anticipated improvements at an annual interest mte
not to exceed 8 3/4% for a term of not less than 5 years &th payments amortized over 15 years.
G. LOCATION This Offer is subject to Buyer's confirmation that all utilities, including
but not limited to electric, gas, water, sanitary sewer, cable television and telephone are available
for use with subject property with extensions and laterals at a normal expense for similar
projects.
H. LEASE This Offer is subject to Buyer entering into a lease for a term of not less than 10 years
at a NNN rate of not less than $6.00 per square foot per year.
I. This Offer is contingent upon Buyer
and Seller reaching an agreement to allow Buyer the potential to use some of the drainage
easement (presently road right-of-way for Mercwy Drive to be vacated) to the east of subject
property for parking. Buyer and Seller shall cooperate in obtaining necessary engineering and
permits to allow for the enclosure of this drainageway. All costs for this use shall be at the sole
cost of Buyer.
e J. TIMING Buyer must waive or satisfy, in writing, Contingencies A, D, E, F, G, H, & I, within
ninety (90) days from acceptance or this Offer is null and void and all earnest money shall be
returned forthwith.
K GOSING Closing shall be no later than October '9,1994
11. Special Improvements:
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.
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 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.
@I]. 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 Muskego Industrial Park Addition #1 on May 27, 1986, are incorporated
herein by reference BS 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 ae the subject of this Contract
and which are not beiig 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 biding 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 wmanty and representation made herein survive the closing of this transaction.
SELLEW
Date: Date:
By: Countersigned
77-93 CERTIFIED SURVEY MAP NO - -_-_-
BEING A REDIVISION OF CERTIFIED SURVEY MAP NO. 7050 AND UNPLATTED LANDS
IN PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 17. TOWN 5 NORTH,
RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN
OWER: IDENTIFIABLE SECTION UNE - EAST LINE OF WE
CITY OF MUSKEGO SE 1/4 SEC. 17. T5N. R20E.. ASSUMED BEARING
W182 SBZOO RACINE AM. S 00'59'13' E (WSC STATE PLANE COOROINAIE IC MUSKEGO. WI. z C.S.M. NO. 7050 SYSTEM, GRID NORTH, SOUTH ZONE)
.- . . ""_"" 0 - INOICATES IRON PIPE 1. I 24 - PARCEL 1 II 1.13 LBS./LIN.FT. SET Ib ' 1
3 0 - INDICATES IRON PIPE FOUND
R - RECORDED AS t-+""-
1.5000 AC. H: I
Ln
m
0 - I 1,
I"
I
GRAPHIC SCALE
1' a 100'
I "
PREPARED Bk
RUEKERT k MIELKE. INC. PARCEL 2
w239 ~181~ ROCKWOOD, DR.
WAUKESHA, w1. 53188
AJ'PROX.
ABOM 1C- ....
FLOOD LIMIT
CURE DATA 'A'
R - 20.00;
A - 31.65
CH - 28.45'
CH BRC = N4679'40-W
I ANG - 90'40'53' LOT 2 EASEMENT
4.8076 AC.
209.419.54 SF.
9 .J
-r- DOC. W1396891 R.845 1.970-972
20' PERM. UllLlTY EASEMENT
1 I
E 1/4 COR SEC
CAST IROH MONU. 17-5-20
WARASS CAP
n15 d i~fd Tule INSTRLIMFNT WAf ORAFTFO RY RICHARD A EEERHARDT PAGE 1 OF 3