CCR1995180COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #180-95
RESOLUTION AS TO OFFER TO PURCHASE
(Industrial Park Addn. -- Poje)
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
(Industrial Park Addn. -- Poje) for the northern 1-acre portion
of a two-acre parcel in the City's Industrial Park (Exhibit A)
southern portion at the same price as the subject property for a
for a price of $29,500 with buyer having a 12-month option on.the
First Refusal for an additional 12 months with a 10 business day
term of 12 months from closing of subject property and a Right of
time from notification to execute said Right of First Refusal.
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 the appropriate Certified Survey Map.
BE IT FURTHER RESOLVED that the City Engineers are hereby
DATED THIS 12th DAY OF SEPTEMBER , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. Patrick A. Patterson
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #180-95 which was adopted by the Common Council of the
9/95 jmb
LIW O*f,CLS 0,
ARENZ. MOLTER, MACY & RIFFLE. S.C.
7.20 N CAST *VENUS
P, 0, BOX ,349
WAUKESHA. WISCONSIN 12.187. 3a8
FAXED
FAX $: 797-8940
TOTAL ?AGES: 2
Mr. john H, Hecderson
MOONEY LeSP.QE GROUP
1E62t W. Bluemoilnd Road, Suite 500
Brookfield, Wisconsin 53005
Re: City of Mu6keao/Industrial Park/Poi?
Dear John:
I am in receiut of vour fax of Seutember 7, 1595 with tne revised
Offer to Purchase chncerning the gbove-mattcr. i nave the following
cornmelts :
1, AS to Line 21, you do now make sFe:cific reference to a
specific disclosure report. However, I think the following
should be added after zune 19, 1055:
'I. . . and the necessity of the i:%d division referred to in
the Addendun: to Offer to Purchase and the reference to B
portion of the property being in = 1OC year floodplain
referenced in the Addendurn to Offor tc Furchase."
The property condition report shculd zlso be corrected zs it
indicEtes none of the property is in a floodslair, and if
beins necessary.
there is any reference in the sane 6s 50 lmd division not
2, At Li?e 70, as indicated earlier, a specific reference
shoule be made to the Rules and Rejuktions of the
Indusrrial Fark.
3. As to the Addendum, Paragraph IT: 3, Sption, I norma1l.y
prefer to have all of the terms set fcrch at the time ~f the Offer. Xowever, it appears this croce5ure will wcrk also.
It apcears that the City is willir.7 ;c tie the property up with tne option for 12 months and :hex give a?. a6ii:ional
inw crr:cer c-
ARENZ, MOLTER, MACY & RIFFLE, S.C.
Mr. John H. Henderson September 8, 1995
right of first refusai for an aiditional 12 months. Is this
correct?
4. As to the Aedendun, ?magraph 111 H, add a sentence to the
end as follows:
"Seller may declare, in writing, this Offer to Purchase to be nuli and void within 120 days of acceptance if Seller is
unable or unwi1lir.g to prcvide the certified survey showing
subject property a~d option property as separate parcels acd
indicating all easemer.ts s3 rsferred to in Contingency A."
If you have any questions, ;lease feel free to contact me.
I Sincerely,
LYEX?,,.+pLT5@) ,h.cY & RIFFLE, S . C --,:-. '. '
' I.,
DSM/pw
cc: Mayar David L. De Angeiis (Fzxed, 2 Fags) Ms, Jean Marenda, Clerk (Faxed, 2 Pages)
WB-13 VACANT LAND OFFER TO PURCHASE 1 -
1
,,IqTHE BROKER DRAFTING THIS OFFER ON 8/17 fiqDATE] IS THE AGENT OF (SELLER] fBWERj ISTRIKE AS APPLICABLE].
-~
I\ 'z LGENERAL PROVISIONS j
9
10 EARNEST MONEY of $ 5.000.00
11 e:
12 1 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below.
13 ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall Include In the purchase price and transfer, free and clear of
14 encumbrances. all fixtures, as defined at lines 214 to 217 and as may be on the Property on the date of this Offer. unless excluded at lines
16 WHICH ARE MADE A PART OF THIS CONTRACT AS IF FULLY CONTAINED HEREIN,
15 17-18, and the following addltlonal items: SEE ADDENDUM ATTACHED HERETO, THE TERMS AND CONDITIONS OF
17 I ITEMS NOT INCLUDED IN THE PURCHASE PRICE: NONE
18 .
19 rn PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no nOtlCB or
20 knowledge of condltlons aflecllng the Pro erty or Ira action (as defined at llnes 178 to 208) other than those identified In Seller's
21 disclosure report dated ad& 2ql 19953"
22 (COMPLETE DATt OR STRiKt
which was received by Buyer prior to Buyer signlng thls Offer
23
AS APPLiCABLqtm:
24 m ZONING: Seller represents that the Property Is zoned 1-1 INDUSTRIALPARK
26 [STRIKE AS APPLlCABLEj and ail other dates and deadllnes in thls Offer except:
25 I TIME IS OF THE ESSENCE as to: (1)Earnest money payment@): (2) binding acceptance (3) occupancy; (4) date of closing
27
""""""~"""""""-"-.""""""-"------------ ~~il~~~ ($ See Addendum ).
-1
-. - will be paid withln 5 days of acceptance.
in the form of CHECK
" "'
' OPTIONAL PRoVISloNS AND ADDENDA ] See lines 252 to 305 for qptional provisions including contingencies. See line 306 to
ermine if addenda, rlders or other documents have been made a pan of this Offer.
32
33 -
35 I BINDING ACCEPTANCE ThlsOfferlsbindinguponbothpartiesonlyifacopyoftheacceptedOfferisdeliveredtoEuyeronorbefore
36 September I,$, 1995 CAUTION: ThIs Offer may be wlthdrewn pdor lo deIIvery oI the accepted Offer.
37 I DELIVERY OF DddUMENTS AND WRITTEN NOTICES Unless otherwise stated in lhls Offer, delivery of documents and written
39 (1) BydepositIngthedocumentorwrlttennoticepostageorfeesprepaldintheU.S.Maiioracommerciaideliverysystemaddressedlothe
38 notlces to a party shall be effective only when accomplished In any of the followlng ways:
40 party at: Buyer: Pole. W310 $10305 Highway I, Mukwonago, WI 53149
41 Seller: CITY OF MUSKEGO, 'Wl82 S8200 RACINE AVE, MUSKEGO, WI 53150
42 (2) By givlng the document or written notice personally to the party:
43 (3) By electronically transmlttlng the document or written notlce to the following telephone number:
44 Buyer: ( ) .seller: ( 414 ) 797-8940
46 OCCUPANCYof ENT1RE
47 shall be glven to Buyer at time of closing unless Otherwise agreed In writlng. CAUTION Conslder an agreement whlch addresses
46 rssponslbllity for cleating the Properly of penonai properly and debrls. if applicable.
50
il
52
19 a
i3 , unless another date or place Is agreed to in writing.
i5 .-
;7 7
8".
9"
'3 3
11
i4 I CLOSING PRORATIONS: The following Items shall be.prorated at cloglng: ),
5 Any income, 18x89 or expenses shall accrue to Seller and be prorated through the day prior to closing,
? a SPECIAL ASSESSMENTS: Sp~Ci~iassessments,ifany,forworkonsiteactuallycommencedorleviedpriortodateofthlsOffershallbe
3 paid by Seller no laterthan cioslng. Allotherspecial assessmentsshali be paid by Buyer, CAUTION: Conslderaspeclalagreemenllfarea
I assessment8 orproperfy owner's assocletlon essessmenfs are confemdafed. ;(ll ORMOFTITLEEVIDENCE: rance ISTRIKE AS APPLICABLE! Sellershallgiveevidenceoftitleby~;or(2)anowner'spollcyoftitle as further descrlbed at llnes 155 to 169.
CONVEYANCE OF TITLE: Upon payment of the purchase prlce. Seller shall convey the Property by warranly deed (or other
conveyance as provlded hereln) free and clear of ail liens and encumbrances. except: municipal and zonlng ordinances and agreements
entered under them. recorded easements for the dlstrlbutlon of utlllty and munlcipal services, recorded bulldlng and use restrlctlons and
covenants, generei taxes levied In the year of closing and SEE ADDENDUM
for purposes of thls transactlon.'Seller further agrees to complete and execute the documents necessary to record the conveyance,
(provlded none of the foregolng prohibit present use of the Property). which constltutes merchantable tltle
CAUTION: SEE LlNES 74 TO 82.
09/07/95 THlJ 18: 43 FAX 414 797 8940 MOONEY 1-ESAGE moo:%
74 CISSUES RELATED TO PROPERTY DEVELOPMENT page 2 of 4 -VACANT LAND
- WARNING: If Buyer conlemplales developing Properry ora use other than the current use, there are a variety of Issues whlch should be
addressed to ensure the development or new usa Is posslble. Munlclpal and zoning ordlnances, recorded bulldlng and use restrlctlons,
covenants and easements may prohlblt cerialn Improvements or uses and therefore should be revlewed. Bulldlng permits, zoning
78 varlences, Archltectuml Control Commlllee approvals, estimates for ullllty hook-up expanses, special essessment charges for
80 of,orepe~lcularusefor,aproperly. Opllonalcontlngencleswhlc~allowBuyertoinvastlgatecerlainoftheselssuescenbefoundetllnes
79 lnSt~lla~lO~olmadsorulllitles,envlmnmenlalaudlls,subsoiltests,elc.,meyneedtobeobtalnedtodetermlnethefa~albllllyofdevelopment
81 252 to 305 of this Offer and Buyer may add conllngencles as needed In addenda whlch may be added to this Offer (see line 306). Buyer
82 should review any plans for developmenl or use changes to delermlne what Issues should be addressed In conllngencles to this Ofler.
83 LPROPERTY CONDITION PROVISIONS
84 I INSPECTIONS: Selleragrees toallow Buyer'sinspectorsreasonableaccess to the Property upon reasonable notice and gives Buyer's
86 in this Offer. Buyer agrees to promptly provide copies of all such Inspection reports to Seller, and to listlng broker if Property is listed.
85 inspectors permlssion to perform testsof the Property. il the inspectionsand the testsare reasonablynecessarytosatlsfy the contingencies
88 otherwise agreed with Seller. CAUTION Seller acknowledges that unless modltled, the contingencles et llnes 252 to 305 euthorlre
87 Furthermore, Buyer agrees to promptly restore the property to its origlnal condition after Buyer's inspections are completed. unless
90 Wlsconsln Department 01 Natural Resources.
89 Buyer's lnapsctorr to teke soil samples whlch may detect envlronmentat contamination whlch may be requlred to be reported to the
91 PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or
92 occupancy by Buyer in materially the same condition as of the date of acceptance of this Otfer. If, prior to the earlier of closing or
93 occupancybyBuyer,thePropertyisdamagedinanamountofnotmorethanfivepercent(5%)ofthesellingprice,Sellershallbeobligated
94 lo restore the Property. If Seller is unable to restore the Property. Seller shall promptly notify Buyer In writing and this Offer may be
96 this Offer may be cancelled at option of Buyer. Should Buyer elect to carry out this Offer despite such damage, Buyer shalt be entitled to
95 cancelledattheoptlonoftheBuyer.Ifthedamageshallexceedsuchsum.SellershailpromptlynotifyBuyerinwritingofthedamageand
97 any inSUranC0 proceeds relating to the damage to the Property. plus a credit towards the purchase price equal to the amount of Seller's
98 deductible on such policy.
100 have the right to Inspect the Property to determlne that there has been no slgnlflcant change In the condition of the Property, except for
99 m PRE-CLOSING INSPECTION: At a reasonable time. preapproved by Seller or Seller's agent, within 3 days belore closing, Buyer shall
101 changes approved by Buyer.
102 pGiq
103 Buyeracknowledgesthat Propertydimensions, total square footage, total acreageand allocation of acreageinformation provided to Buyer
by Seller or Seller's agent(s) are approximate and, unless a survey has been provided, the Property dimensions have not been
verified by survey. CAUTION Buyer should verlly Property dlmenslons, total square footage, total acreage or allocation of acreage by a 106 survey If material lo Buyer's declslon to purchase. See llnes 286 to 291.
107 -1
I08 Wisconsin Statutessection90.03requires theownersof adjoining propertiesto keepand maintaln legal fences inequal shares whereone
109 or both of the properties is used and occupied for farming or grazing purposes. CAUTION: Conslder an agreement addressing
I1 0 responslblllly for lences if Properly or adlolnlng land Is used end occupied for farmlng or grazlng purposes.
111 -1
12 Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions of this Offer, A
13 materialfailuretoperformanyobllgationunderthisOfferisadelaultwhichmaysubJectthedefaultingpartytoliabilllyfordamagesorother
14 legal remedies.
'16 (1) sue for specific perlormance and request the earnest money as partial payment of the purchase price: or
15 If Buyer defaults, Seller may:
17 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages: or (b) direct Broker to return fhe
19 If Seller defaults, Buyer may:
20 (1) sue for specific performance; or
21 (2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.
22 In addition. the Parties may seek any other remedies available in law or equity.
23 The Perties understand thattheavailabilityof any judicial remedy wlll depend upon thecircumstances of thesituation and the discretion
24 of the courts. If either Party defaults. the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies
25 outlined above. By agreeing to binding arbitration. the Parties may lose the right to litigate in a court 01 law those disputes covered by the
26 arbitration agreement.
28 RIGHTS OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR THE LEGAL EFFECT OF A SPECIFIC CONTRACT OR
27 NOTE: WISCONSIN LICENSE LAW PROHIBITS ABROKER FROM GIVING ADVICE OR OPINIONSCONCERNINGTHE LEGAL
29 CONVEYANCE. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED. Buyer's or Seller's legal right to
earnest money cannot be delermined by Broker, In the absence of a mutual agreement by the Parties, earnest money will be
distributed as set forth in lines 133 to 154.
18 earnest money and have the option to sue for actual damages.
3
32 EARNEST MONEY
33 HELD BY, Earnest money, if held by a broker, shall be held in the trust account of the broker drafting the Offer prlor to acceptance of
34 Offer and In thetrust account of the listing broker (buyer'sagent if Property Is not listed) after acceptance until applied to purchase price or
35 otherwise disbursed as provlded in the Offer. If negotiations do not result in an accepted offer, the earnest money shall be promptly
36 disbursed (after clearance from payor's depository instltution If earnest money is paid by check) to the person who paid the earnest
37 money. CAUTION: I1 someone other than Buyer makes payment of earnest money on behall of Buyer, conslder a SppeClel agreemen1
39 I DISBURSEMENT: At closing, earnest money shall be disbursed according to the closing statement. I1 this Offer does not close, the
38 regsrdlng dlsbursemenl.
10 earnest money shall be disbursed according to a written disbursement agreement slgned by all Partles to this Offer. if said dlsbursement
$1 agreement has not been dellvered to broker within 60days after the date set for closing, broker may disburse the earnest money: (1) as
12 directed by an attorney who has revlewed the transaction and does not represent Buyer or Seller; (2) intoacourt hearing a lawsult involving
13 the earnest money and all Parties to this Offer; (3) as directed by court order: or (4) any other dlsbursement required or allowed by law.
14 Brokermayretainlegalservicestodirectdisbursementper(l)ortofileanlnterpleaderactionper(2)and,insuch,event,brokermaydeduct
from the earnest money any costs and reasonable attorneys fees, not to exceed $250, prior to dlsbursement. Should persons other than
17 I LEGAL AIGHTS/ACTION: Broker'sdisbursement ofearnest moneydoesnot determinethelegal rightsofthePartiesln relation to this
broker hold earnest money. an escrow agreement should be drafted by the Partles'or an attorney for Buyer or Seller.
I8 ~ff~~.Atleast30dayspriortodisbursemenlper(l)or(4),brokershallsendBuyerandSeilernotlceofthedisbursementbycertllledmail.It
I9 Buyer or Seller disagree with broker's proposed disbursement, a lawsuit may beflled toobtaln a court orderregarding disbursement. Small
io. Claims Court has jurisdlction over all earnest money disputes arising out of the sale 01 residential property with 1-4 dwelling units and
i2 Offer in case of a dispute.
il certain other earnest money dlsputes. The Buyer and Seller should conslder consulting attorneys regarding their legal rights under this
i3 Both Parties agree to hold the broker harmless from any liability for good falth disbursement of earnest money In accordance with this
e
'1 rl,'",., "..,;"I.,,. n"" t ID I *I >I, I ,, ,..., .- .
a004
page 3 Of 4 -VACANT LAND
156 m FORM OF TITLE EVIDENCE: Seller shall give evidence of title (as Selected at lines 65 to 66) to the Property in the form of: 4 titlei insurance in Wisconsin.
' (2) an ownerls policy of title
1 PROVlSlON OF MERCHANTABLE TITLE: Seller shall pay all costs of providing title evidence. For purposes of closlng. title evidence
160 Sh~ilbe~CCe~~ableiftheabstractoracommitmenflortherequiredtltlelnsur~~~~~~d~~lv~red~~~~yer'~a~t~rn~y~~~~~~y~rnotl~~s~ha~3
161 business days before closing, showing title to the Property as of e date no more than 15 days before dellvery of such tltle evldence IO be
162 merchantable, subject only to llens whlch will be paid out of the proceeds of closlng and standard abstract Certificate llmltations or
164 TITLE ACCEPTABLE FOR CLOSING: Iftitlelsnotacceptableforcloslng,BuyershellnotlfySellerlnwritlngofobJectionstotitlebythe
163 Standard tltle Insurance requlrements and exceptlons. as approprlate.
165 timeSetfOrClOSing. In suchevent. Sellershall havea reasonable time. but not exceeding 15 days, toremove theobjections. and the time for
166 closingshallbeextendedasnecessaryforthispurpbse.IntheeventthatSellerisunabletoremovesaidobjectlons.Buyershallhave5days
167 from receipt Of notice thereof. to deliver written notice waiving the objections, and the ttme for closing shall be extended accordingly. If
168 Buyerdoes not Waive theobjections, this Offershall be null and void. Providing titleevidenceacceptable for closing does not extinguish
169 Seller's obtigatlons to give merchantable title to Buyer.
170 LENTIRE CONTRACT
171 This Offer. including any amendments, conlains the entire agreement of the Parties regardlng the transacllon. All prior negotiations and
172 discussions have been merged into thls Offer, This agreement blnds and Inures to the benefit 01 the Partles to this Ofler and their
173 successors In Interest.
174 -1
175 ACCEPTANCE: Acceptance occurs when ail Buyers and Sellers have signed the Offer. See lines 35 and 36 regardlng binding
176 acceptance. CAUTION: CONSfDER WHETHER SHORT TERM DEADLINES RUNNING FROM ACCEPTANCE PROVIDE ADEQUATE
177 TfME FOREH BlNDlNQ ACCEPTANCE AND PERFORMANCE,
178 1 CONDITIONS AFFECTING THE PROPERTY OR TRANSACTION: A "condition allecting the Property or transaction" is defined as
179 follows:
180 (a) Planned or Commenced public improvements which may resuit In special assessments or otherwise materially affect the Properly or
182 (b) Government agency or court order requiring repair, alteration or correction of any existing condltlon:
183 (C) Completed or pendlng reassessment of the Property for property tax purposes;
184 (d) Any land division involving the Property, for which required state or local approvals were not obtained;
185 (e) Any portlon of the Property belng ina 100 yearfloodplain, a wetland orshorelandzoning area under local, stateor federal regulations: (I1 AnyportlonofthePropertybsingsub~ectto,orinviolatlonof,aFarmlandPreservationAgreementunderaCountyFarmlandPreservation
(9) Boundarydisputesormaterlalviolationoffenceiaws(Wis.Stats.ChapterSO)whichrequirstheerectlonandmaintenanceoflegalfences
Plan or enrolled In. or In violation of, a Forest Crop, Woodland Tax, Managed Forest, Conservation Reserve or comparable program:
189 betweenadjoiningproperlieswhereoneorbothofthepropertleslsusedandoccupiedforfarmlngorgrazingpurposes: Seelines 107 to 110.
190 (h) Materlal violations of envlronmental rules or other rules or agreements regulating the use of the Property;
191 (I) Condltlons constituting a signlficant health or safety hazard for occupants of Property;
193
192 (j) UndergroundstoragatanksonthaPropertyforstorageolflammableorcombustibleliquldsincludingbutnotllmitedtogasolineand
194
heatingoll: NOTE: WlsconslnAdm/nlslrell~e Code, ChaplerlLHR 1Oconfalnareglslrallonendoperaflonrulasforsushund~rground sforage tanks.
195 (k) UndergroundstoragetanksforstorageofflammableorcombustlbleliquidsincludingbutnotlimitedtogasolineandheatlngoiI,which
196 were previously located on the Property;
197 (I) High voltage electric (100 KV or greater) or steel natural'gas transmission llnes located on but not dlrsctiy servlng the Property:
198 (m) Wells on the Property requlred to be abandoned (Wls. Adm. Code NR 112.26) but whlch are not abandoned accordlng Io State
199
200 (n) Clsterns or septic tanks on the Property whlch are currently not serviclng the Property;
regulations;
201 (0) Subsollcondillonswhlchwouldsignificantiylncreasethecostofthedevelopmentproposedatllnes268to269,ifanY,including,
202 but not limited to, subsurface foundatlons, organic or non-organlc fill, dumpsltes or containers on Property which contained or
203
204
currently contaln toxic or hazardous materlals. high groundwater, soil conditions (0.9. low load bearing capacity) or BXCBSSiV.9
rocks or rock formatlons on the Property;
206 (4) Prior reimbursement for correctlwe action costs under the AgriCUltUrEIl Chemlcal Cleanup Program; (WIS. Stats. 694.73.)
205 (p) A lack of legal vehicular access to the Property from public roads;
!07 (r) OlherconditionsoroccurrenCeswhlchwouldsignlflcantlylncreasethecostofthedevelopmentproposedatllnes268 Lo 269 or reduce the
!08 valueofthePropertytoareasonabtepersonw1thknowledgeolthe~atureandscopeofthecondltlonoroccurrence.See IlneS 19 1023.
!09 I DAYS: Deadllnesexpressed asespeclflc numberof"days" from the occurrenceof an event, such asacceptance, are calculated by
!10 excluding the day the event occurred. The deadllne then explres at mldnight on the last day. Deadlines expressed as a speclflc
31 numberof"bus1nessdays"excludeSaturdays.SundaysandanylegalpubllcholldayunderWisconslnorFederallaw.orotherholidaY
113 Deadllnesexpressedasaspeclficdayofthecaiendaryearorasthedayofaspeciflcevent,suchascloslng,explreatmidnightofthatday.
112 designated by the Presldent such that the postal service does not receive registered mail or make regular dellverles on. that day.
'14 I FIXTURES: A"Flxture"Isanitemofpropertywhlchlsphyslcallyattachedtoorsoclosely8ssoclstedWlthlandastobetreatedasPa~t
'15 of the real estate. including, withoutllmitatlon. physically attached ltemsnoteaslly removablewithout damage totheproperty,items
peclllcaliyadaptedtotheproperty,andltemscustomarilytreatedasflxtureslncludingbutnotllmitedtoall:perennlalcrops;gardenbulbs:
18 I MAP OF THE PROPERTY: See lines 286 to 291.
1ants;shrubs;treesandfences. CAUTION: ANNUALCROPSARENOTlNCLUDEOI~THEPURCHASEPRlCEUNLESSOTHERWIQAGREEDATLIUESI3ID~8.
20 of the property. A"boundery map" elso Includes the staking of all corners of the Property b.Y the surveyor.
19 BOUNDARY MAP Amapof thePropertyprepared byaiicensed land surveyor which Identifies the legal description and boundaries
21 I MORTGAGE INSPECTION MAP AmapofthePropertypreparedbyalIcensedlendsurveyorwhichIdentlflesthelegaldescriptIon
22 of the Property. the boundarles of the Property and the location of improvements.
23 I SURVEY MAP: A map of the Property prepared by a licensed lend surveyor, dated no more than six months prior lo the scheduled
24 closlng date. contalnlng the ALTA certillcatlon and showing: complete legal descrlptlon of the Property: dedlcated and apparent
25 streets; boundarles; lot dirnenslons; acreage or square footage; exlstlng improvements; easements and rights-of-way end vlslble
26 encroachments upon (he Property.
'27 TIME IS OF THE ESSENCE: If"TimeisoftheEssence"appllestoadateordeadline,feiluretopertormbytheexactdateordeadline
28 is a breach of contract. 1f"Tlrneis offhe Essence" does not apply toadate or deadline. then performance within e reasonable time Of
?9 the date or deadllne is allowed before a breach occurs. See lines 25 to 27,
181 the present use of the Property;
9
-a
i1 m LOAN COMMITMENT: If this Offer Is contingent on financing, Buyer agrees to pay all customary financlng costs (including closing
anclngorotherflnencingacceptabletoBuyer,Buyeragr~estodeilvertoSeller,orSeller'sagent,acopyofthewrlltenloancommitmenl
15 commltment. Seller may terminate this Offer if Seller dellvers a written notice of termination to Buyer prior to Seller's actual receipt 01
0 later than the deadllne for loan commllment under the Flnanclng Conllngency. If Buyer does not make timely delivery 01 said
:6 a copy of Buyer's Written Joan commltment.
:7 I FINANCING UNAVAILABILITY If this Offer Is contingent on financing and flnancing is not available on the terms slated. Buyer shall
'8 promptlydeliverwrltlen notlce toSellerof same including copiesof lender(s)'rejectlon letter@) orotherevldenceof unavellablllty. Unless
9 a speclflc loan source is named In the financlng contlngency. Seller shall then have 5 days io give Buyer written notice Of Seller's
0 decision to flnance this transacllon on the same terms set forth herein, and this Offer shell remaln full force and effect. wlth lhe time for
2 I LAND CONTRACT: I: thls Offer provides for a land contract, prior to e'xecution of the land contract Seller shall provide the same
1 closlng extended accordingly. If'Seller's notice is noi timely given, this Offer shall be null and void.
3 evidence of merchanteble title as reauired above and written Droof. at or belore execution, that the total underlying Indebtedness. if any.
to promptly apply for flnenclng and to promptly provlde evldence of application upon request of Seller. If Buyer qUalifie6 for said
09/07/95 THU 18 58 FAX 414 797 8940 MOONEY LESAGE
ADDENDUM TO OFFER TO PURCHASE
1.
11.
111
Property description:
Subject property is described as the North 1/2 of Lot 2, CSM #I7292 comprising 1 +/-
Acres
Purchase Price:
Twenty Nine Thousand Five Hundred Dollars ($29,500)
Contingencies:
A. SLlRVEy Seller, at Seller's expense, to provide Certified Survey Map showing Subject
property and Option property as separate parcels and indicating all easements
B. QPTION ON
Seller granting Buyer an option on the South 112 of Lot 2, CSM #7292 comprising l+/-
Acres at the same price as the subject property for a term of 12 months from closing of
subject property and a Right of First Refusal for an additional 12 months with a 10
business day time from notification to execute said Right of First Refusal. Terms and
Conditions of said Option and Right of First Refusal to be agreed upon within 30 days
of acceptance of this Offer, or this Offer shall be null and void and all earnest monies
promptly returned to Buyer.
C.
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.
D. AEELfU&. 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, on subject property.
E. This Offer is subject to Buyer receiving all
necesmy approvals needed for the construction of Buyer's intended improvements.
F. FUW This Offer is subject to Buyer obtaining written confirmation from a
financial institution of financing in the amount of not less than 75% of Buyer's planned
development cost amortized over twenty (20) years, at an interest rate not to exceed ten
(IO) percent per annum, for a term of not less than five (5) years and closing costs not
to exceed 1 112 percent of the amount borrowed.
G. 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.
H. TIMR\IG Buyer must waive or satisfy, in writing, Contingencies A, C, D, E, F & G
within one hundred twenty (120) days from Acceptance, or this Offer is null and void
and all earnest money shall be returned forthwith.
1. .-. CLOSR\IG Closing shall be no later than 30 days from waiver or satisfaction of all
contingencies.
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09/07/95 THL 19 01 FAX 414 797 8940 MOONEY LESAGE
IV. Buyer acknowledges and accepts that a Reserve Capacity Assessment for Sanitary Sewer
Service and a Water Capacity Assessment does exist against subject Property, These Assessments will
be Buyer's obligation to pay when due. Buyer is responsible for the first $1,000.00 of cost to install
two (2) driveway culverts for subject property. Buyer acknowledges and accepts that a portion ofthe
subject property is in a 100 year flood plain.
V. The subject Property is presently owned by the City of Muskego and currently tax exempt,
VI. Buyer acknowledges and accepts that the subject Property is subject to the Rules and
Regulations of the Muskego Industrial Park as adopted by the City of Muskego. Buyer further
acknowledges receipt of said Rules and Regulations and agrees to comply with the same.
VII. Special Improvements:
A. The purchase price includes the following improvements: Sanitary sewer and 2" water
laterals 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
shall be assessed against the property herein described, and the Buyer, his heirs and
assigns, shall have no further obligation with respect hereto.
, and no special assessments with respect to the permanent improvements of the streets
V[K It is agreed between Buyer and Seller:
A. The provisions of paragraphs thirteen (1 3) 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.
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 fully understands same.
C. The warranty and representation made herein survive the closing of this transaction.
BUYER: Mark D Poje SELLER CITY OF MUSKEG0
By: By :
David L. DeAngelis, Mayor
Date: Date:
Countersigned:
By:
Jean K. Marenda, City Clerk
Date:
poje.rid
09/07/95_2HJ 19:04 "I FAX " 414 797 6940 MOONEY LESAGE
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09/07/95 THU 19:Oi FAX 414 797 8940 MOONEY LESAGE moo9
O. 892 vacant end -Omen ~a Estate CondlUon Repart WlmnBln Leg@ Blank CO., Im. Mllwsukne. Wls. .. LVACANT LAND - OWNERS REAL ESTATE CONDlTlON REPORT 1
PROPERTYADDRESS: Lot 2 CSM 7292, City of Muskew, Wisconsin
PROPERTY OWNERS: City of Muskeno
OWNER HAS OWNED THE PROPERTY FOR 9 YEARS.
suppliedtytheownerofrewrd~iswillalsogrra~assistthesalcofyorapropmy.
WARNING. Incorrect representations mny result In 6eUer llablllly for damages.
worded in a manner to assist recall, it is dKsuIt to cover all situations, so please add or amend this report BP sppropriate.
This form i$ to be completed personally by omen based on all of omera information, knowledge and/or observations. While some of the questions M
I Answer quesliona by clrellng your response. If you do not know the nnswen, please clrcle "UNK." lor "UNKNOWN". I
For ths pwse of complying with certain dations and disclosure laws. it is imperative that the following questions be anmred and data bc
10 I Also ALL "YES" answen must be explained In the blank apace at the end ofthls form.
11 This is not a substiturn for any inspections buyer may wish to obtain. Seller is aware that Buyer may be rclyiig upon this information in deciding
12 whcthcr or not or upon what terms to purchase the pmperty. In this form "nm nwnre" meam to have notice or knowledge.
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GENERU
(1) Am you amre of planned or commenced public improvements which may result in special assesmcnm or otherwise
(2) Are you am of any gwment agency or cow order requiring repair, alteration or codon of any existing condition? YES
materialiy affect the Pmpcrty or the present uc ofthe Property? YES
(3) Am you awBlc ofw oompl~ or pcnding propmy tax nauument ofthe Ropertr? ................................................................ YES
(4) Am you am of my land divilan involving the Pmpcny (for which required state or local approvals wao M! obaincd)
and/or w won My the land division may Mt have ken neorded in tho register of dccdr?... ................................................... YES @ WK
(5) An you m of any portion of the Fmpcrly being in a 100 year floodplain, a wtland DT a ahoreland m'hg am lmdp
Id, stab or feQ.l ~tionr? ........................................................... "." ........................................ ............................................ YES
(6) Do you havc a swsy of the pmpery? ................................................................................ ".. ............................................................. YES
..................................................................................................... .....
Ifso, wlut Ir the dm of the swey
and do you know of my rebson why the survey may be inaccurate or misleading? ............................................................. YES @ IJNK
(7) lfyou know, what is the slze of the Fmperly? ACIW - whst do you base that information On?
(8) Is chi pmpnty subject to mswmt by any non-govmunmtal entity or adjacent lot mera (such as a sharcd well,
(9) Orher than a govcrqmtnl auhrity, m you aw of any pmon, group or committee (such 8) an mhitecmral wnml
RURAL
(IO) Are you am of my portion of the Property king subject to. or in vialstion of, a Farmland RFscrvation Agrement
under a County Farmland Preservation Plan, or enrolled in, or in violation of, a Forest Crop. WodmdTax. Managed
Forest, Comerdon Reserve or similar pmgram? ......................................................................................................... YES @ UNK.
(I I) Are you of any boundary dispms or material violation of fmm laws? (note: Wis. Stab. ch, 90 requires the ercccion
and maintenance of lgal fen- between adjoining propcrtia when, one or both of the propertlea is wed and oceupicd for
sharcd access mad, watn mu$ out lot maintenance, ac.)? ............................................................................................................... YES @ UNK
committee) which mlrrt approve of any comction on this propcny? .......................................................................................... YES @ UNK
..................................................................................................................................................
(12) Are YOU m of Drior reimbuFJSmcnt for cometivo action mltp under the Aaiculpval Chemical Cl~anm Roasm?
farming or gming purposes)? YES @ UNK
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WU~ SW. 594.73) YES @ UNK. r ..............................................
ENVIRONMENTAL
(13) Am you am of any violations of environmental des or other des or agrcemenrn regulating the ure of the hprty'? ......,, YES @ UNK.
(15) Am you m ofrmdqmwd or other storage tanks (including those which may have been removed) an the Propcay
(14) he you am Of CofIditions constiluting a significant health or safety harard for occupants of Pmpmy? YES LTNK.
for stomp of comarmnan . ts or flammable or combustible liquids, including but not litcd to gasoline and heating oil ? ........... YES @@ UNK,
(16) Am you awe of of hlgh voltago electric (100 KV or mer) or steel naerral gas tansmission lines located on but not
WELL, SEPTIC & SUBSOIL,
YES @ UNK.
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directly sewing he Ropertyl ....................................... ..................................................................................................
(17) he you BwBTo of well8 on the Pmpaq required to be abandoned (Ms. Ah. Code NR 112.26) but which are not
abandoned according to state regulations? ......................................................................................................................................... YES 6 UNK
49 (18) ~rs you ware of cisterns or septic tm!a on the Property? ............................................................................................................... YES d8 UNK.
50 (19) Have You ffa had the pm~ (or my portion thereof) testedor uamined (included pi; ten, soil boring, etc.)? .................. YES Ne
m@m
51 (20) Are you amre of of the following subsoil conditions: subsutface foun&ons, organic or ncin-orpnic fill, dumpsites or
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conk on Pmpci?y ~ich contained or curnntly contain toxic or h&ou matcrinls, high gmdwatcr,unusual soil
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conditionr (c.g. low load sarins capacity), excessive rock or rode formations on the hpeny or my other condition which
efien cost of wnmuction? ................................................... .................................................................................. ..........................
55 (21) An YOU aw6ra of alack of lcgal vehicular access to the Property from public rod? .................................................................. YES UNK.
56 (22) Arc you am of any Other conditions or occumnces which would significantly increase the cost of dcvclopnt or reduce
57 the value of the hapetty m a rcssonablc pmpn iith knmvledge of the naturc and hope of the condition or occlmenccl.. ...... YES UNK
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58 EXPLANATIONS OF "YES' ANSWERS AND OTHER INFORMATION YOU WISH TO EXPLAM
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oTt is me and correct to the best ofomer' owle e &$ R"
(x) BY: 6/29h5-
67 SipaGi-id L. DeAngeIis, Mmr Signa
68 Broker cettifies that broker has inspected the property and unless otherwise indicated bro 1s not aware o CI r de ects other than those disclosed ty this
69 repat and is not am of informtion incowistent with this report.
70
. pier) JeapiAy CjeA
K. 'M ne da, Date
Mooney LeSege 6 Associates. Ltd.
H. Henderson