CCR1995066COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #66-95
RESOLUTION AS TO OFFERS TO PURCHASE
(Muskego Industrial Park - Mick/Kleinhans)
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
(Industrial Park Addn. -- David W. Mick and Diane E. Mick) for an
approximately 4.8 acre parcel in the City's Industrial Park
(Exhibit A) for a price of $25,000 an acre to be accepted on or
before April 15, 1995.
BE IT FURTHER RESOLVED that the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does
hereby reject the Offer to Purchase received from Larry Kleinhans
for a 1.5 acre piece of the 4.8 acre parcel offered to purchase
by David W. and Diane E. Mick.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City if
approved by the City Attorney.
directed to prepare a revised Certified Survey Map to include the
BE IT FURTHER RESOLVED that the City Engineers are hereby
which will note the City's easements on said Certified Survey
entire portion of Mercury Drive recently vacated by the City
Map.
DATED THIS DAY OF , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David 3. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #66-95 which was adopted by the Common Council of the
4/95jmb
City Clerk
WB-13 VACANT LAND OFFER TO PURCHASE
1 .............. Greendale , Wisconsin, MarGh. .A6 , 198.5
2 THE BROKER DRAFTING THIS OFFER IS THE AGENT OF (SELLER) (BUYER) (Strike as applicable).
4 3@l
ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARI'IES
OULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
5 'The undersigned Buyer, David W. Mick and Diane E. .. Mick and/or Assigns
Lo.t. 2, CSM. .l)7.~.g3..~..E,hibit A a.tiac.he.d 6 hereby offers to purchase the property known as (Street Address)
7 in the c.i!X of .Muskego. , county of .W?"k?sk , Wisconsin,
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7 . . , . . , . ........ it the priceof Twenty five thousand and noi100 per acre-----------------
and on the terms and'conditions as follows:
Earnest money of$ .?~OOP:.OP. in 111c Iorm ?. .F!!c-.F~
R"Y sf$ ................ :: cf .................... lo be paid within .. days of acceptance of this offer e+- 5
Failure of Buyer to make earnest money payments as provided voids offer at Seller's option. Earnest money, if held by broker, t.. and the balance in cash nt closing.
shall be held in selling broker's trust account prior to acceptance of offer and thereafter in listing broker's trust account or until apphed to the purchase price at closing or disbursed as provided herein or permitted by law. TIME IS OFT HE ESSENCE AS TO:^
OCCUPANCY, DATE OF CLOSING S!LL T
, LEGAL POSSESSION,
THE BUYER'S OBLIGATION TO CONCLUDE THIS TRANSACTION IS CONDITIONED UPON THE CONSUMMATION OFTHE FOLLOWING:
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~~ ~~ ,. Dollars ($?.f! ~P.QO,/.KF.~ .)
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(If this offer is subject to financing, survey, percolation test, specific zoning or use, approval of recorded building and use ~ ~~ ~~
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restrictions and covenants, or any other contingency, it must be stated here. If none, so state.) See Rider attached hereto, the terms and conditions of which are made a part of this
Offer as if fully contained herein. .. .
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........... ... ....... 7 Buyer agrees that unless otherwise specified, Buyer wiii. in guod'faiih,:pay ill costs of securing'any financing to the extent 8 permitted by law, and will perform all acts necessary to expedite such financing.
9 0 delivered free and clear of encumbrances: all fixtures: and all garden bulbs, plants, shrubs and trees.
Included in the purchase price are such of the following items as may be on the property on the date of this offer, which will be
1 ADDITIONAL ITEMS INCLUDED IN THE SALE: None 7.. ......................... ...... -
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4 ITEMS NOT INCLUDED IN THE SALE: !.?ne ..................................................... v
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all, upon paymentofthe purchase price, convey the property by warrantydeed,p 8 free and clear ofall liens andencumbrances, excepting: municipal and zoningordinances, recorded easements for publicutilities
the ropert recorded UII In an use r str ctlons a d COY nants, general taxes levied in the year of closing and %ytg an8 Reguqations ok tie austego Industria? Part
..... I 0 as. ad0.pte.d. b.y .the. .CLty. .sf. Muskego. provided none of the foregoing prohibit present use,
1 andSellershallcompleteandexecute thedocuments necessary to record theconveyance. (WARNING: Recorded building and use 2 restrictions and covenants can have material impact on the use of or improvements to the property.) 3 Thisofferisbindinguponbothpartiesonlyifacopyoftheacce t fferi de osjte osta eorfeesprepaid,intheU.S.mail %j@ InJusL=af*Four%
delivery of the accepted offer to Buyer on or before APril. l5 3, I9g5 .
or a commercial delivery system, addressed to Buyer at p? BOX, .10.!?. ,GFC,??d?kz !!I. ,??.!??. or by personal
is void and all earnest moneyshall be promptly returned to Buyer.
Otherwise, this offer
e This transaction is to be closed at the office of Buyer's mortgagee or at the office of .Ci.tY of. MK.k'?K?
r before . . , ?.e'?. ,!!?d??, 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 ............... vacant land
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. ~~ ~~ occupancy of entire ................. premises, shall be given to Buyer on cl?.si?.s,
re yly ........... CL
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80 -Map dated .l.~:~,:@. .. indicates) *(part) 0 of the property is located in a flood plain (Strike as
81 applicable).
82 -(Map dated !.,2-.!;:02, indicates) (none) +&&dl.) of the property.is located in a wetland (Strike as
83 applicable).
84 Seller represents that the property is zoned .kl hdwstrial P.ark
85 Seller Garrants and represents to Buyer that Seller hasno notice or knowledge of any:
(a)planned or commenced public improvements which may result in special assessments or otherwise materially affect the
88 (b)government agency or court order requiring repair, alteration. or correction of any existing condition. 89
90 (c)shoreland or special land use regulations affecting the property.
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(d)underground storage tanks and the presence of any dangerous or toxic materials or conditions affecting the property.
EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES 80 TO 90: E?.C'?P.C .?.
property.
92 Reserve. .c%!?c.!fY. .A?.sesSmel?t. .for sanitary sewer. ,Service, al?d ,a, waeer. .Ca2!ac.j,t.y. .AnsGn*me4C,
93 does. .exist. .?k?inSf. .Chi?. ETPPeFJY:. These, As5essments. will. be. ,BVY.er.'.$, P.bL.iig?,fi!al tQ. RBY.
95 culvert. .for the. .Er?.eerty., 94 when..due:. .B~er .$a .respons,lble for. .the f.1rs.t ~,1,OoO,..oO,.of..~~.s~. .~~..iw.t~.~~. a driveway
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98 -rough the day of closing accrue to Seller. General taxes shall be prorated at the tlme ofcloslng based on the net general taxes for thecurrent year, if known, otherwise 100 on the net general taxes for the preceding year.
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103 'ents, if any, for work o Amed or levied prior to date of this offer shall be paid by Seller. AI!
104 other special assessments shall be paid by Buyer. (Caution: Consider a special agreement if area assessments or homeowners
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105 association assessments are contem lated.)
Seller shall provide to Buyer at 8eIler's expense at least three (3) business days before closing, 107
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108 :o issue titleinsurance in the amount
109 of the purchase price upon recording of proper documents;
110 showing title to the property as of a date no more than 15 days before such title proof is provided to Buyer to be in the conditjon
112 insurance exceptions or abstract certificate limitations, as appropriate. Buyer shall notify Seller of any valid objection to title in 11 1 called for in this offer, and further subject only to liens which will be paid out of the proceeds of the closing and standard tltle
113 wrlt~ng by closmg. Seller shall have a reasonable time, but not exceeding 15 days, to remove the objections, and closing shall be "
114 extended as necessary for this purpose,
115 If this offer provides for a land contract, prior to execution of the land contract Seller shall provide the same evidence of title as
posed balance of the land contract, and that the payments on this land contract are sufficient to meet all of the obligations of ler on the underlying indebtedness.
ahove and written proof, at or before execution, that the total underlying indebtedness, if any, is not in excess of the
20 broker shall be disbursed as follows:
~ 19 If the transaction fails to close and the parties fail to agree on the disposition of earnest money, then earnest money held by
22 21 1. To Btiyer, unless Seller notifies Buyer and Broker in writing no later than 15 days after the earlier of the Buyer's written
23 demand for return of the earnest money or the date set for closing, that Seller elects to consider the earnest money as
.24 liquidated damages or partial payment for specific performance.
.25 2. To Seller, subject to amounts payable to broker, provided the above notice is given and neither party commences a lawsuit
26 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.
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Disbursement ofearnest money does not determine the legal rights of the parties In relation to this agreement. Bothpartiesagree to hold the broker harmless from any liability for good faithdisbursementofearnestmoney in accordance .29 with this agreement or present Department of Regulation and Licensing regulations concerning earnest money.
30 Ifthepropertyisdamagedbyfireorelementspriortotimeofclosin~inanamountwhichexceedsfivepercentofthesellingprice.
31 thiscontractmaybecancelledatoptionofBuyer.ShouldBuyerelecttocarryoutthisagreementdespitesuchdamage.Buyershall
32 be entitled to the insurance proceeds relating to damage to property.
33 SPECIAL PROVISIONS: See.Rider ,atta.che.d hereto. ,~h.ose. terns .and. .conditions are. .made. a
35 ~"ed the, Citx of, Muskegs and. .wrrc.nt~~ tax. exempt. .Buyer .hereby acknpwledges that 34 .Part. of, .Chis. !%fer. to, P~rchase. .as, .if. .fully. incPr'wraSnd. .herein. ..The land .is .presently,
elevations of floors must be at or above two (2) feet above l00,year flood plain limits.
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38 SellerandBuyeragreetoactingoodfaithandusediligenceincomp1et~ngthetermsofthisagreement.Thisagreementbin~s
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to this agreement and their successors in in rest
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41 David W. Mick (Buyer) ~. ......
i, (Buyer)
2 Buyer's Social Security,No. .37< ........... gd 2qL , ..
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Buyer's Social Security No. $-c/q-. 2 %/, .. ...........
13 THIS OFFER IS HEREBY ACCEPTED, THE WARRANTIES AND REPRESENTATIONS MADE
REINiSURVIVE THE CLOSING OF THIS TRANSACTION. THE UNDERSIGNED HEREBY AGREES SELL AND CONVEY THE ABOVE-MENTIONED PROPERTY ON THE TERMS AND CONDITIONS .; 9
6 S SET FORTH AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT
Dated: ,19. BY.:. ......
David L. DeAngelis, ?, Mayor (Seller)
City of Muskego
9 Offer is rejected (Seller initial.) Seller's Social Security No.
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r is countered (Seller initial.) By.:.
Jean K. Marenda, City Clerk (iiiler) I: JOHN H. HENDERSON Seller's Social Security No. ' ASSoC*LTD' the Muskego Comon Council on ,-
Pursuant to Resolution '/) passed. by
......... This offer was drafted bv (Licensee and firm) ... .. -. It was presented LO Seller by on ..'..l9 . at . m.
F EARNEST MONEY RECEIPT
Broker acknowledges receipt of initial earnest money as per line 13 of the above offer.
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(BY ..
Broker
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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 March 16, 1995 by and between the City of Muskeg0,'as Seller, and David W
Mick and Diane E. Mick andor Assigns, as Buyer.
I. Contingencies:
A.
B.
C
D
E
F.
G
G
FINAN-
This Offer is subject to Seller obtaining written confirmation fiom a financial institution of
financing in the amount of not less than 75% of Buyer's planned development cost including,
without limitation, the land acquisition cost and cost of constructing a approximately 50,000 sq.
ft. building and related improvements, amortized over twenty (20) years, at an interest rate not to
exceed ten (10) percent per annum, for a term of not less than five (5) years and closing costs not
to exceed 1 1/2 percent of the amount borrowed.
diti Buyer, at its sole expense, may conduct an on-site
environmentaVsoi1 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.
CULVEBT Buyer is responsible for up to the first $1,000.00 ofcost to install two (2) 30'
driveway culverts for access to the property. This agreement survives the closing.
APPROVAL OF OPFXAlXXE This Offer is subject to approval by the City of Muskego of
the proposed use as headquarters for Buyer's proposed tenant including, subject to meeting all
municipal codes and zoning requirements, sales and fabrication of sheet metal and related
materials on subject property and approval of the building and site plans for Buyer's proposed
building.
yTILITY LOCm This Offer is subject to Buyer's confiiation 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.
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This Offer is conditioned upon the City of Muskego
vacating that portion of Mercury Drive adjacent to the Property and conveying at least the
western 1/2 of the vacated street to Buyer at closing.
TIMING Buyer must waive or satisfy, in writing, Contingencies A, B, D, E & F within one
hundred fifty (150) days from acceptance or this Offer is null and void and all earnest money
shall be returned forthwith.
CLOSING Closing shall be no later than thirty (30) days following waiver or satisfaction of
contingencies A, B, D, E, & F.
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 Enterprise Drive is not permanently surfaced at the time of the completion of this transaction,
Enterprise Drive when permanently improved shall be at the expense of the City and no.special
assessments with respect to the permanent improvements of the Enterprise Drive shall be
assessed against the property herein described, and the Buyer, his heirs and assigns, shall have no
further obligation with respect hereto.
111. It is agreed between Buyer and Seller:
I
A.
B.
C.
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 #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.
These provisions shall constitute covenants running with the land and shall be binding upon thc
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.
The warranty and representation made herein survive the closing of this transaction.
i BUYER: DAVID W. MICK SELLER CITY OF MUSKEGO
DIANE E. MICK n
Date:
By: Countersigned:
By:
Date: Date:
MOL- 1-34 TUE 18:41 RUEKERT I MXELKE XNC. P - 85
CERTIFIED SURVEY MAP NO - 7 2.9 3 -