CCR1994225COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #225-94
RESOLUTION AS TO OFFER TO PURCHASE
(Lot 1 - CSM #7364)
Muskego Business/Industrial Park
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
two-acre parcel in the City's Business/Industrial Park for a
from John L. Davis and Hiram Miller, Jr. and/or Assigns for a
price of $50,150 to be accepted on or before November 1, 1994.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
approved by the City Attorney.
to sign the necessary documents in the name of the City if
DATED THIS 25TH DAY OF OCTOBER , 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 #225-94 which was adopted by the Common Council of the
City of Muskego.
10/94 jmb lf
WB-13 VACANT LAND OFFERTO PURCHASE
I Troy. , Wisconsin. ?.ctober 7.1. 94 , 19.
! 1. BROKER DRAFTING THIS OPI.'ER IS '1'1115 AGl<NI'OP (Sk:l,l,l<lt) (i'WWWO (Strike :IS npplicuble).
I IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
1 The undersigned Buyer, J0h.V L,, !??!'is .and. .%a!! ,Mil!.?r,. .JF:. aFd/.?T. .!!s.?ig.?!. . ...
i hereby offers to purchase the property known as (Street Address) LO!. .! P, .cs!!. !.!?64. T 2. .&.?e!? .vacant. .land. .
I in the .c.ltY.. ........ of ............. Muskego ...... County of .............................. , Wisconsin, Waukesha
I
L ..... ......... ................. ... ..
L at the price of . . Eif.CY Tho,W@.Vd. .On?. .h!Ed,??i .fifty. .and, nO/l.oo."-,~,""""- .-~o~are (.$50,1!Q:.'?Q.. .)
and on the terms and conditions as follnws:
Earnest money of $ ~~@??.-.~o.. in the form of F!eFFOn.d .Ch!?Ck. tendered with this offer. ' ' ... .................... .......
...................................................................... d 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 broker, shall be held In selling broker's trust account nor to acceptance of offer and thereaffer in lirrting broker's trust account or untd applied to the urchase rice at closing or distursed as provided herein or permitted by law.
OCCUPANCY, DATE OF CLOSING 3
,LEGALPOSSESSION.
THE BUYER'SOBLIGATION TO CONCLUDE'I'HIS'I'RANSACI'ION IS CONDITIONED UPONTHE CONSUMMATION OFTHE FOLLOWING: (If this offer is subject to financing, survey. percolntion Lest, specific zoninl: or use. approval of recorded building and use
.....................
TIME ISOFT~E ESSERICE ASTO:
...........................................................................................................................
3 restrictions and covennnts, ur any other contingency, it must be slated here. If n~~ne. so state.)
e Rider. attached, he~~p.?. the. .term?. .an cqndltiqns of which are. made a P~F!. .of. this.
contained herein
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7 Buyer agrees that unless otherwise specified, Buyer wiii.'in good'faith, pay all costs of securing any financing to the extent
8 permitted by law, and will perform all acts necessary to expedite such financing.
0 delivered free and c ear of encumbrances: all fixtures: anfall earden bulbs. Dlants. s rubs and trees.
.. ..
9 Inc!udedinthe urchasepricearesuchofthefollowin lternsasmaybeonthepro ertyonthedateofthieoffer,whichwillbe P E
I ADDITIONAL ITEMS INCLUDED IN THE SALE: N??e I .. - ...................................... ....... ..................... ............... ..... ... .........................................
ITEMS NOT INCLUDED IN THE SALE !?E? ............ ............. -
.... ............ ............. ...... .. ........................................................ .............. ........... 7 Seller shall, u on payment of the purchase price, convey the propertyby warranty deed, or other conveyance provided herein,
18 fJee and clearofa;liens and encumbrances, excepting: municipal and zoning ordinances, recorded easements for public utilities
19 . r in the ropert recorded u11 In an use r str'ctions a d cov nants. general taxes levied in the year of closing and %leg an8 Regutations ok tfe %lustego "Idustria'l. Par$
0 as. adnptgd. b.y. .the. .City. nf. Muskego. . ...... provided none of the foregoing prohibit resent use,
2 restrlctions and covenants can have material impact on the use of or
3 This offer is binding upon both parties only if a copy of the in the U.S. mail
i4 or a commercial delivery system, addressed to Buyer
5 delivery of,the accepted offer to Buyer on or before . . Otherwise. this offer
1 and Seller shall completeand execute thedocuments necessary iorecord Recorded builingand use
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0
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'1
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is void and allearnest money ahall be promptly returniho Buyer.
This transaction is to be closed at the office of Buyer's mortgagee or at the office of . cd. ! Y. .?f. .Muskego.. ........
on or before . ..See .Ridex.. . ........... 19. .,or at such other time and place as may be agreed in writing.
Legal possession of property shall be delivered to Buyer on date of closing.
It is understood the'property is now occupied by .YSC.Wt .hFd .................................. ..
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Occupancy of .enC.ire. .PF+F~~~E
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shall' be given'to Buyer on C!?ain.g. . ..
'y ........... 5. rtap;rrhieh
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80 -(Map dated 1.?-!.:8? indicates) kwmr) (part) W~rf the property is located in a flood plain (Strike as
81 nuulicablc). ..
0 -(Map dated !..2-.!::8?, indicates) -(part) W) of the property is located in a wetland (Strike as
applicable). -
64 Seller represents that the property is zoned .I-.l Indnsnial P.ark 85 86 (a)pIanned.or commenced public improvements which may result in special assessments or otherwise materially affect the Seller Garrants and represents to Buyer that Seller has nu notice or knuwledge of any:
87
88 (b)government agency or court order requiring repair, alteratiun. or cnrrection or any existing condition.
property.
69 (c)shoreland or special land use re,:ulations affecting the pro2erty. 90 (d)underground storage tanks and the presence of any d;rn,:er,~us or toxic matcrials or ronditions afl'eclitr,: the nruperty.
91 EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES 80 TO YO: E?.CeP.t t.hat. 9.
92 R?.???!?. .C?€??c.!fY, .*?.sesS?e?t. ,for S,a?it?ry Sewer. .service. and ,a. .Wat,er. .Capac,ity, .Assessment.
93 does. .exist. .ag.;t?nst. .!hi? SrOPereY... These. .ASs.eSsr?ents, .Yi.U be, .BuY.er.'.s, .obl.igacion, to pay.
95 cu.lvert. .for the, ,Pr?.Pe.rfY...
94 when. .due: .B!JY% ,is reSP???,ibL,e for. .the f3rs.t $.1,o.oP.,0P.o~. .c!?st. .to. .in.s,ca.lS. .a dr-ivewy
96 Thefollowingitemsshallbeproratedasofthedayofclosing:gener~ltaxes,rents.waterandsewerusecharges,homeowners'
97 association assessments, fuel. and ..
99 Ccnernl taxesshall bc proratwl ;~tthe tio>cufcIosing l~;tsud 011 1ltc ~nct,:c~~cr~~l taxes ror ~hccurrc~~~yc:~r. ifknuwll. <rlhcrwis~!
1 101 CAU'I'ION: li~j~~~~~~~~t~l~~~s~~~~tl~~~~~~ lull,v;~ss~~ss~~l I;~I-I.IX ~~~~~~~~~~~~s,~~~~~~~~ss~~~s~~~~~~~l.is~~~~~~~~l~~~~~l~~~~~~~~~~li~~g,t~~~~~r~~~~~~i~~~~~l~:~ll
1o;I
102 LC ut1 tlre basis ura.
S~ecialassess~nents,i~any,Corw~~rkonsii~;~cluallyct~mn~cncetlurIcvicd~~ri~~rtudatcul'tlrisulicrsl~;~llbe~aidbyScllcr.A1~
104 other special nsscssmcnts shall I~c I):lid I,." Hczy,,r. ((?:)tition C<>nsi,l,.r :I spwi;tl :~grw~nc~~t if area ;Issossnwnts or II~I~DOWII(I~S
1115 :tss<t<,i;tti<>ll ;~SSUSSII~~.~I.S )tn, ,.~~~~L~!~~,~,I;,~,.~I I
1 oii Scllcr shall prclvidc ~IJ Iluycr at Scllcr's c~x~~cnsc at Ic;tst thrcr: (:I) I~usinuss 11;lys bulLrc closing, Sdh%ehie&
..
1 98 Any income. taxes, or expenses through the day of closing accrue to Seller, ..
100 on tllc net wneral taxes I,r tile lprcccdin,: year.
csti~n:tturl ~~I!IIU;II L;tx.
~~u issue title insuruttcc ill tllc ulrluunL
I10 showing title to the property as ,,la d;ttc 111, ~non lllitn 15 d;tys I>uforc 'ruclr titlc ~~rt~fis provided Lo I3uyer to bc in the cundition
I1 I called Cor in this of'ftr, and further subject unly tu IICIIS which will be p3id uut of the proceeds of the closing and standard title
insurance exceptiuns ur abstract certificate limitations. 3s appropriate. Huyer shall notify Seller ofany valid objection to title in
,.
of the purchase price upon recording of propcrdocutnents;
time. but not exceeding 15 days. to remove the uhjections. and clusing shall be
115 Ifthisofferprovidesforalandcontract,priortoexecutianofthelandcontractSellershallprovidethesameevidenceoftitleas ' 116 required above and written proof, at or before execution. that the total underlying indebtedness, if any, is not in excess of the 1 118 Seller on the underlying indebtedness. 117 proposed balance of the land contract, and that the payments on this land contract are sufficient to meet all of the obligations of
120 broker shall be disbursed as follows:
122
123 demand for return of the earnest money or the date set for closing, that Seller elects to consider the earnest money as
124 liquidated damages or partial payment for specific performance.
2. ToSeller,subjecttoamountspayabletobrnker,providedtheabovenoticeis~ivenandneitherpartycommencesalawsuit 125
126 In making the disbursement. the broker shall follow procedures in Section RL 18.09(4), Wis. Adm. Code.
on this matter within 30 days after receipt of the notice.
128
127 Dishursement of earnest money does nut determine the legal rights of the parties in relation to this agreement. Bothpartiesa~reetoholdthebrokerharmlessfromanylinhilityforg:oodfaithdisbursementofearnest.moneyinaccordance
129 with this agreement or present Department of Regulation and Licensing regulations concerning earnest money.
130 Ifthepropertyisdama~edbyfireorelementsprinrtot.imeofclosir.~inanamountwhichexceedsfivepercentofthesellingprice.
131 thiscontractmaybecancelledatnptionofBuver.Should13uycrelecltouarryoutthisagreementdespitesuchdamage.Buyershall
132 be entitled to the insurance procecds relating to d;tmngc LC, property.
119 If the transaction fails to close and the parties fail to agrce on the disposition uf earnest money. then earnest moncy held by
121 1 TO Buyer, unless Seller notifies Buyer and Broker in writing no later than 15 days after the earlier of the Buyer's written
133 SPECIAL PROVISIONS: SeC..8idCT. attached bere,to..ehase. te,rms. and..condit.ions are..ma.de. a
134 .Pa?.!. Pf .!hi.? 0ffe.r to. pur,Ch?.Se, .as. .if..fu.lly. incorporated. .herein. .The land .is .presently
135 os~ned PY !?K..WY sf. Mugkego and ,currently. t.ax, exempt. Buyer acknwJ.edges. ,that,
I :x . elevations . . . . . . . . . . . . . . . of . . . . foundations . . . . . . . . . . . . . . . . must . . . . . . . be , . . . at . , . . or , . . . abouve , . , . , . . , , two . , . . . (2). feet..ab,Ove. 10.0 yea,? f.1~O.d
Ruyer's Social Security No. 387-Yd . . . . . . . . -0 7//9 ,.
143 THIS OFFER IS HEREBY ACCi<Pl'k;D TfIE WARRANTIES AND REPRI:SEN'rATIONS MADIS
144 HEREIN SURVIVE THE CLOSING 01: 'I'H'IS 'I'RANSAC'I'ION THE UNDERSIGNED HEREBY AGREES
145 TO SELL AND CONVEY THE ABOVIS-MEN'I'IONEL~ PROPERTY ON THE TERMS AND CONDITIONS
146 AS SET FORTH AND ACKNOWLI-I>GES RECEIPT 01' A COPY OF THIS AGREEMENT
City of Muskego
David L. De Angelis, Mayor (Seller)
147 Dated: 148 , 19, BY.:.
149 Offer is rejected (Seller initial.) Scller's Sncinl Security No.
150 Offer is countered (Seller initial.)
151 By.:.
Jean K. Marenda, City Clerk (Seller)
I5? JOHN H. HENDERSON Srller's Social Security No,
MOONEY LESAGE & ASSOC.LTD. Pursuant to Resolution '!j passed' by
153 This offer was drafted by (Licensee and firm, the Muskego ... Common Council on
154 It was presented to Seller by on ,, 19. at m.
155 I<.4KK'ES'I' MONEY RECEIPT
136 Broker acknowledgcs receipt of initial earnttst money as per line 13 nf the above uifer.
1.57
158
159
0
RlDER 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 October 7, 1994 by and between the City of Muskego,
as Seller, and John L. Davis and Hiram Miller, Jr. andor Assigns, as Buyer.
1. Contingencies:
I
A.
B.
C.
D.
E.
F.
G.
H.
\.
I.
\
l.
Environmental AudiVSoil Conditions,
Buyer, at its sole expense, may conduct an on-site environmentaUsoi1 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 absoiute
discretion. If Buyer notifies Seller in writing of Buyer’s determination that said
results are unacceptable to Buyer or if 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.
CULVERT Buyer is responsible for up to the first $l,OOO.Oo of cost to install a
30’ driveway culvert for access to the property. This agreement survives the
closing.
APPROVAL OF OPERATIONS 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 des and zoning requircments, on subject
property -
A-s This Offer is subject to Buyer receiving all
necessary approvals needed for the construction of Buyer’s intended
improvements.
FINANCINQ
Option 1. This Offer is subject to Seller issuing tax exempt Industrial Revenue
Bonds in an amount of not less than $320,000 upon terms agreeable to Buyer.
Buyer shall have 30 days from acceptance of this Offer to determine if Industrial
Revenue Bonds are a financing vehicle that Buyer will pursue. Buyer must notify
Seller, in writing, within this 30 day period of Buyer’s intention to apply for said
Industrial Revenue Bonds or Option 2 below will apply.
Option 2. This Offer is subject to Buyer obtaining written confirmation from a
financial institution of financing in the amount of not less than 80% of Buyer’s
planned development cost amortized over not less than twenty-five (25) years, at
an interest rate not to exceed nine (9) percent per annum, for an initial term of
not less than five (5) years and closing costs not to exceed 1 112 per cent of the
amount borrowed.
JJTILlTY L- This Offer is subject to Buyer’s confirmation 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.
WECIAL ASSESSMENTS This Offer is subject to Buyer’s determination that
special assessments for Sanitary Sewer service and Water Capacity will not exceed
$5,000 total for Buyer’s planned improvements and operation.
TIMING Buyer must waive or satisfy, in writing, Contingencies A,C,D,E,F, &
0 within one hundred twenty (120) days from Industrial Revenue Bond decision
by Buyer, or this offer is null and void and all earnest money shall be returned
forthwith.
SELLER REOUIREMENTS Nothing contained herein requires Seller to grant any
of the approvals referred to above or issue industrial revenue bonds.
CLOSING Closing shall be within 90 days from satisfaction of all contingencies,
but in any event, no later than July 15, 1995.
/-
-
Hiram Miller, Jr. U
Date: .,a Ldf 4
/
A. The purchase price includes Ihc following improvements: Sanitary sewer are at lot line and lully
paid and available for use by Buyer. Buyer will connect to sewer and water at Buycr'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 surfaccd at the Lime of the completion of this transaction, said
streets when permanently improved shall be at he 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.
m. 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 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 or the full text of the Rules and Regulations of the Muskego lndustrinl Park and that he has
read and fully understands same.
0
C. The warranty and representation made herein survive the closing of this transaction,
SELLER: CITY OF MUSKEG0
David L Dehgelis, Mayor
Date:
Countersigned:
By:
Jean K. Marenda, City Clerk
Date:
c1Pk---22-94 FRI 14:37 RUEKERT I MIELKE INC.
CERTIFIED SURVEY MAP NO - - “
.PART OF THE NW 1/4 OF THE SW 1/4 OF SECTION 16, TOWN 5 NORTH,
RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WlSCONSlN
IDENTlFIAELE SECllON UNE - EAST UNS OF THE 0 - INDICATES IRON PIPE 1’ I 24.8 SE 1/4 SEC. 17, EN. RZN.. ASSUMED BEARING
S 00’59’13’ E (WSC STATE PLANE COORDINATE SEEM. GRID NORlli. SOUM ZONE) N -‘INDICATES IRON PIPE FOUND
1.13 LES./LIN.FT. SET
W 1/4 COR SEC
18-5-20 CAST IRON MONU. OWNER:
W/BRASS CAP N 320,737.24
R - RECORDEO AS
CITY OF MUSKEGO
W182 58200 RACINE AM.
MUSKEGO. H1. E 2.495.974.74
s PREPARED BY:
‘4 1 This Map Is Preliminary 100 RUEKERT dr MIEME. INC.
2 1 D.wnec or. Cornpletlon. GRAPHIC SCALE
Pending .Decisions From - WAuKESHA. m. 53188 W239 N1812 ROCKWDOD OR.
I’ - 100’ CURE DATA ’A’