CCR1996234COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #234-96
APPROVAL OF OFFER TO PURCHASE
ThiesenhusedPark Acquistion
BE IT RESOLVED that the Common Council of the City of Muskego,
does hereby approve the attached Offer to Purchase to be
presented to Myrtle Thiesenhusen for acquisition of park
property.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the Offer on behalf of the City.
DATED THIS 8th DAY OF OCTOBER , 1996
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
I This is to certify that this is a true and accurate copy of
Resolution #234-96 which was adopted by the Common Council of the
City of Muskego.
10/96jmb
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Mayor David L. De Angelis
City of Muskeqo
P. 0. Box 903
Muskego, WI 53150
RE: Thiesenhusen Park Acquisition
Dear Mayor De Angeiis,
mentioned matter. ?er QUI telephcze cznversation cf October i, 1396,
Enclosed please fi2d the revise4 Offer to Purckise in the above
we have made the fallowing changes:
1. Acceptance date of Oercber 16, 1996. (Line 36)
2. Closing date of zanuary 20, 1997. (Line 53)
3. There isn'z much extra ti3e Included, pursuant -3 paracraphs
2 and 2 of the Adde>dum, for Cur;hez environrnentzl work c.r sale of che
"Kurth" park property.
delete reference to the Opzion.
4. Paragraphs 4 and 5 cf the Addendum kve been xwnded to
reimbursement for, in addition tc the 1996 tzxes, the 1597 properTy
taxes.
5. Paragraph 5 of tne Acde9dcn i-.zs be9n amended tc include
6. Paragraph 6 has teen addecl as to the Rights of First Refusal.
If you have any questions, please call.
/----" Sincerely, a
Dondd ,,9! Molter, Jr .
DSMIB~'
Enc .
Ij
AND'RELATEO PROVISIONS '1
I23
1?4
115
126
132 I EARNEST MONEY 1
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OPTIONAL PnOVISIONS: THE PROVISIONS ON LINES 252 THAOUGH 306 ARE A PART OF THIS OFFEH IF MAIIKEU.
-~
SUCH AS WlrH AN "X" THEY ARE NOT PART OF THIS OFFER IF MARKED NlA OR ARE LEFT BLANK. I
ADDENDUM TO OFFER TO PURCHASE
1. This Offer is contingent upon Buyer obtaining a Wisconsin Department
of Natural Resources grant for not leas than 50% of the purchase price
satisfactory to the Buyer. This contingency shall be deemed satisfied
unless Buyer, prior to closing, delivers a written notice to Seller
indicating Buyer has not been able to obtain the grant referred to in
this paragraph.
2. This orter is contlngenr on Buyer, at ita sxpenac, oauaing a Phnao I
Environmental Audit of the property to be performed and the results of
the same being satisfactory to Buyer as stated below. Buyer shall be deemed to have waived this contingency uniess, priu LU i;~siii<, %i-cz..-
notifies Seller in writing of a possible defect referred to in the
Phase I Environmental Audit which Buyer is unwilling to waive.
3. This Offer is contingent upon the closing of the sale of Buyer's
property legally described on the attached document marked Exhibit "1"
date on this transaction. This contingency shall be deemed satisfied
at a price and on teKms eatiafaotocy to ths Buyor prior to the cl.oming
unless Buyer, prior to closing, delivers a written notice to Seller
indicating that Buyer is declaring the Offer to Purchase null and void
because this contingency has not been met. 0
4. Within ten (10) days after the Seller accepts the Offer to Purchase, Seller shall provide to Euyer a Property Condition Report referred to
not satisfactory to the Buyer, prior to closing the Buyer shall notify
at Lines 19 through 21 of the Offer to Purchase. If said report is
Buyer end this Offer to Purchase shall be null and void.
the Seller in writing that said report is not satisfactory to the
-. E Notwithstanding any contrary statements in the Offer to Purchase, the
Buyer, if this transaction closes, will reimburse the Seller an amount
equal to the real estate taxes attributable to this portion of
Seller's property for 1996 and 1997 at the time of closing.
6. Buyer acknowledges that Seller's obligation to close this transaction
exercising their Rights of First Refusal as stated in the document
is contingent upon Leo J. Pilak, Yr., and Greta F. Pilak not
attached hereto, made a part hereof and marked Exhibit "2" . The
within five (5) days after acceptance of this Offer to Purchase by
Seller shall give notice to the Pilaks as required in Exhibit "2"
Seller. within five (5) days after the time when the Pilake can
exercise their Rights of First Refusal pursuant to Exhibit "2", Seller
shall notify Buyer in writing that the Rights of Firet Refusal have
not been exercised and that thi8 contingency is waived, or that said Rights have been exercised and that this Offer to Purchase is null and
void. 0
EXt-IIBIT 1 *
'I
m the day and yco: firac nbwe vrlccen.
Not( 2 3 1982
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249 PROPERTY UESCRIPTION: See 1WaA _..____. ._ paue 4 01 4 - VACANT CAN0 ,
OPTIONAL PROVISIONS: THE PFIOVISIONS ON LINES 252 THROUGH 306 ARE A PAflT OF THIS OFFER IF MARKED,
SUCH AS WITH AN "X". THEY ARE NOT PART OF THIS OFFER IF MARKEO NIA OR ARE LEFT BLANK.
310 AN AlTOnNEY SHOULD BE CONSULTEO IF LEGAL AUVICE IS NEEOEO.
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PDDENDUM TO OFFSR TO PURCLXSE
F. 11