CCR1997058COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #58-97
RESOLUTION AS TO OFFER TO PURCHASE
EASEMENTS
Benke
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Utilities Committee, does
hereby authorize execution of the attached Offer to Purchase for
the Offer to Purchase but are not attached hereto, for fee simple
zero dollars and necessary closing documents, which are part of
Lift Station.
title and a temporary access drive easement for the Durham Drive
BE IT FURTHER RESOLVED that the Mayor is authorized to make
necessary technical changes in consultation with the City
Attorney if needed to facilitate timely execution of the Offer.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to sign the Offer to Purchase and closing documents in
the name of the City and to extend the acceptance and/or closing ,e dates, if necessary.
DATED THIS 25th DAY OF MARCH , 1997.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Nancy C. Salentine
Ald. Robert L. Rasmussen
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #58-97 which was adopted by the Common Council of the
A
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property known as see attached leqal description olfers lo purchase Ihe
in Ihe City Of Muskeqo , County of Waukesha ,Wisconsin.
(Additional description. if any:)
on lhe followlng terms:
I PURCHASE PRICE: ZeZQ
).
accompanies lhis Offer and earnest
n/a in Ihe form of n/a will be paid within& days of acceptance.
"""""""""""""""""""""~"""""""""""""- """"""""""""""""""""""""""""""-
I EARNEST MONEY of $fl.Oo---------------in the form of --
money of $
THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless Otherwise provided below,
I ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer, free and clear of
encumbrances. all lixtures. as defined at lines 214 to 217 and as may be on the Property on Ihe date of lhis Offer, unless excluded at lines
17-18. and the following additional items: nanp
Dollars ($Loo
n/a
""""""""_
I ITEMS NOT INCLUDED IN THE PURCHASE PRICE: JlQnP
I PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as 01 the date of acceptance Seller has no notice or
knowledge of conditions alfecting Ihe Property or transaction (as define
LCOMPLETE DATE OR STRIKE AS APPLICABLE] and liane
I ZONING: Seller represents that the Property is zoned R-?
I TIME IS OF THE ESSENCE as to: (1)EZt-m (2) binding acceptance: (3) occupancy: (4) dale of closing
[STRIKE AS APPLICABLE] and all olher dates and deadlines in this Offer excepl: None &
PRoVISloNS AND ADDENDA 1 See lines 252 to 305 for optional provisions including contingencies. See line 306 10
29 determine if addenda, riders or other documents have been made a part 01 this Offer
30 LADDITIONAL PROVISIONS 1 Seller and his remaining property shall remain responsible for all
31 liabilities which are the responsibility of the owner of the fee title such as all property
32 taxes in the year of closing and prior thereto as to the entire property including that sol1
33 to the City of Muskego and all special assessments and similar charges previously assescez
-~
ED PROVISIONS
"
ACC PTANCE: ThisOflerisbindinguponbothparliesonlyifacopyoflheaccepledOfferisdeliveredtoBuyeronorbrfore
37 I DELIVAY OF DOCUMENTS AND WRITTEN NOTICES: Unless otherwise stated in this Offer, delivery 01 documents and written
CAUTION: Thls OMer may be wllhdfawn prlor to delivery of the accepted Offer.
38 notices lo a party shall be effective only when accomplished in any of the lollowing ways:
2 1997 I
39 (1) BydepositingthedocumentorwrittennoticepostageorfeesprepaidintheU.S.Mailoracommercialdeliverysystemaddressedtothe
40 party at: Buyer: City of Muskeqo, P.O. Box 903, Muskeqo, WI 53150L Attn: Mayor David L. De &e:
41 Seller: Paul Benke, 568 W13910 Bristlecone Lane, Muskeqo, WI 53150 ___
42 (2) By giving the document or written notice personally to the party:
43 (3) By electronically transmitting the document or written notice to the following telephone number:
44 Buyer: (L)" Seller: ( )
45 LOCCUPANCY AND RELATED PROVISIONS I
46 I OCCUPANCY the premises
47 shall be given lo Buyer at time of closing unless otherwise agreed in writing CAUTION: Conslder an agreement which addresses
I LEASED PROPERTY. I1 Property is currently leased and leases extend beyond closing, Seller shall assign Seller's rights under said
" lease(s)andtransferallsecurltydeposttsandprepaidrentsthereundertoBuyeratclosing.Thetermsofthe(written) (oral) [STRIKE ONE1
"-
responslblllty for clearing the Property of personal property and debris. If appllcable.
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lease(s). if any, are said prpmi qes
I CLOSING: This transaction is to be closed at the place designated by Buyer's mortgagee or MuSkeqo City Hall
no later lhan nu I , 1997. unless another date or place is agreed 10 in wrttlng.
,if known.otherwlseon the
general real estate la ample, changing mlil ratel, lnserl esllmaled annual lax or olher bask forprorallon.
y Buyer. CAUTION: Consldera speclalagreemenlllarea
allycommencedorleviedpriortodaleofth~sOffershallbe
an owner's policy of litle
insurance ISTRIKE AS APPLICABLE] as further described at lines 155 to 169. = CONVEYANCE.OF TITLE: Upon paymenl of the purchase price, Seller shall convey the Properly by warranty =(or olher
conveyance as prov'ided herein) lree and clear of all liens and encumbrances. except: municipal and zoning ordinances and agreemenls
covenants. general taxesievied in the year of closing
entered under them. recorded easements for the distribution of ulility and municipal services, recorded building and use reslrictions and
(provided none of the foregomg prohibit present use of the Property). which const~tules merchantable tltle
for purposes of this transaction. Seller further agrees lo complete and execule the documenls necessary 10 record the conveyance.
CAUTION: SEE LINES 74 TO 82. 1
'b easement
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ISSUES RELATED TO PROPERTY DEVELOPMENT
page 2 01 4 - VACANT LAND
addressed to ensure the development or new use Is possible. Municipal and zoning ordinances, recorded building and use restrlctlons,
WARNING: If Buyer contemplates developing Properfy ora use other than the current usa, there are a variety ollssues which should be
covenants and easements may prohibit carfaln Improvements or uses end therelore should be reviewed. Building permits, zoning
variances, Arch!tectural Control Committee approvals, estimates lor utllity hook-up expenses, special assessment charges lor
lnstallationolroads orutllltles, envlronmentaiaudlts, subsoil tests, etc.. may need to be obtalned to determine the leaslbilltyofdevelopment
252 to 305 01 this Oller and Buyer may add contingencies as needed in addenda which may be added to this Oller (see line 306). Buyer
or, ora parflcularuse lor, a property. Optional contlngencles whlch allow Buyer to lnvastigate carlain 01 these issues can be found at llnes
should ravlaw any plans lor developmant or use changes to determine what issues should be addressed In contlngencles to thls Oller.
LPROPERTY CONDITION PROVISIONS
INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice and glves Buyer's
inspectors permission to perform tests 01 the Property. if the Inspections and the tests are reasonably necessary lo satisfy the contingencies
in this Offer. Buyer agrees to promptly provide copies of all such inspection reporls to Seller. and to listing broker if Property is listed
Furthermore. Buyer agrees to promptly restore Ihe property lo its original condition alter Buyer's inspections are completed. unless
otherwise agreed with Seller. CAUTION Seller acknowledges that unless modlfled, the contlngencles al lines 252 to 305 aulhorlze
Wlsconsln Department ot Natural Resources.
Buyer's losp@ors.Lo take soll_samples~whlch may detec! environmental contamlnallon whlch may be required to be reported to the
PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Properly until the earlier of closing or
occupancy by Buyer in materially the same condition as of the date of acceptance ot this Offer. If. prior to the earlier 01 closing or
occupancy by Buyer. the Property isdamaged in an amount01 no! morethan five percent (5%) of theselling price, Seller shall be obligaled
to restore the Property. If Seller is unable to restore the Property. Seller shall promptly notify Buyer in writing and this Offer rnay be
cancelled at Ihe option of the Buyer. If the damage shall exceed such sum, Seller shall promptly notify Buyer in wriling 01 Ihe damage and
this Offer may be cancelled at option of Buyer. Should Buyer elect lo carry out this Offer despite such damage, Buyer shall be entltled to
any insurance proceeds relating to the damage to the Property, plus a credit towards the purchase price equal lo the amount of Seller's
deductible on such policy.
PRE-CLOSING INSPECTION: At a reasonable time, preapproved by Seller or Seller's agent. within 3 days before closing. Buyer shall
have the right to inspect the Property lo determine that there has been no signiticanl change In the condition of the Property. except for
changes approved by Buyer
~~ " - "" _"
piq
Buyeracknowledgesthat Propertydimensions, totalsquare1ootage.total acreageandallocattonof acreageinformation provided to Buyer
verified by survey. CAUTION: Buyer should verily Property dimensions, total square footage. total acreage or allocation of acreage by
by Seller or Seller's agent(s) are approximate and, unless a survey has been provided, the Property dimensions have not been
survey if malerlal to Buyer's decision to purchase. See llnes 286 to 291.
pkitiq
pEEq
Wisconsin Statutes section 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal shares where one
or both of the properties is used and occupled for farming or grazing purposes. CAUTION: Conslder an agreement addressing
responsiblllty lor lances I1 Properfy or adlolnlng land Is used and occupied for farmlng or grazing purposes.
Seller and Buyer each have the legal duty to use good falth and due diligence in compleling Ihe lerms and condtlions of thls Offer. A
materialfailuretoperformanyobligationunderthisOflerisadefaullwh~chmaysub~ecttlledefaultingpartytoliabilityfordamagesorother
legal remedies
If Buyer defaults, Seller may:
(1) sue for speciftc performance and requesl the earnest money as partial payment 01 the purchase prlce. or
(2) terminate Ihe Offer and have Ihe optlon to: (a) request the earnest money as liquidated damages; or (b) direct Broker lo relurn Ihe
If Seller defaults, Buyer rnay:
(1) sue for spectfic performance; or
(2) termmate the Offer and request Ihe return of the earnest money. sue for actual damages, or both.
The Parliesunderstand thattheavailabil~tyofany~udicial remedy wtlldepend upon lhecircumstances 01 thesituationand lhediscrelion
In addition. the Parties may seek any other remedies available In law or equlty
outlined above. By agreeing lo binding arbitration, the Parties may lose the right lo litigate in a court of law those dlsputes covered by the
of the courts. If either Party defaults, the Parlies may renegotiale the Offer or seek nonjudiclal dispule resolulion Instead of the remedies
arbitration agreement.
earnest money and have Ihe option to sue for actual damages.
NOTE: WISCONSIN LICENSE LAW PROHIBITS A BROKER FROM GIVING ADVICEOR OPINIONS CONCERNING THE LEGAL
RIGHTS OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR THE LEGAL EFFECT OF A SPECIFIC CONTRACT OR
CONVEYANCE. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED. Buyer's or Seller's legal right 10
earnest money cannot be determined by Broker In the absence of a mutual agreement by the Parties, earnest money will be
distributed as set forth in lines 133 lo 154.
LEARNEST MONEY
m HELD BY. Earnest money. if held by a broker, shall be held in the trusl account of Ihe broker drafting the Offer prior to acceptance of
Ofterandinthetrustaccountofthelistingbroker(buyer'sagentifPropertyisnotlisted)afteracceptanceuntilappliedlopurchaseprlceor
otherwise disbursed as provided in the Offer. If negotiatlons do no1 result in an accepled offer, the earnest money shall be promplly
disbursed (after clearance from payor's depository tnstitulion if earnest money is paid by check) to the person who paid the earnest
regarding disbursement.
money. CAUTION: If somaone other than Buyer makes payment of earnest money on bahall 01 Buyer, conslder a speclal agreement
DISBURSEMENT: AI closing, earnest money shall be disbursed according lo the closing statement. If this Offer does not close. the
earnest money shall be disbursed according lo a written disbursement agreemenl signed by all Parties to this Offer. If said disbursement
agreement has not been delivered to broker wllhin 60 days after the date set for closing, broker may disburse the earnest money: (1) as
directed by an attorney who has reviewed rhe transaction and does no1 represent Buyer or Seller: (2) into a courl hearmg a lawsult involving
the earnesl money and all Parties to this Offer; (3) as dtrected by court order; or (4) any other disbursement required or allowed by law.
BrokermayretainlegalServicestodirectdisbursementper(l)ortolileaninterpleaderaclionper(2)and,insuchevent.brokermaydeduct
from the earnest money any costs and reasonable allorneys lees, no1 to exceed $250. prior to disbursement. Should persons other than
broker hold earnest money, an escrow agreement should be drafted by the Parties or an attorney for Buyer or Seller.
LEGAL RIGHTS/ACTION: Broker's disbursement of earnest money does not determine the legal rights of the Parties in relation lo this
Offer.Atleast30dayspriortodisbursementper(l)or(4),brokershallsendBuyerandSellernoticeofthedisbursementbycertifiedmail.If
BuyerorSellerdisagree with broker'sproposeddisbursemenl. a lawsuit may befiled tooblainacourtorder regarding disbursement. Small
Claims Court has jurisdiclion over all earnest money dispules arising out of the sale of residential properly wilh 1-4 dwelling untls and
certain other earnest money disputes. The Buyer and Seller should consider consulttng attorneys regarding their legal rights under this
Offer in case 01 a dispute.
Both Parties agree to hold the broker harmless from any liability for good faith disbursement of earnest money in accordance with this
Offer or appllcable Department of Regulation and Licensing regulaiions concerning earnest money. (Wis. AdminisIralive Code RL 18 ) -
is5 [ TITLE EVIDENCE page 3 01 4 - VACANT LAND
156 I FORM OF TITLE EVIDENCE: Seller shall give evidence of title (as selected at lines 65 to 66) lo Ihe Property in the form 01. (I&
157 a[p
158 insurance in the amount of the purchase price on a current ALTA form issued by an insurer licensed to write tltle insurance in Wisconsln
> (2) an owner's pol~cy 01 tltle
159 m PROVISION OF MERCHANTABLE TITLE- Seller shall pay all costs of providing title evidence. For purposes 01 closing, title evidence
shallbeacceplableiftheabstractoracomm~tmenllortherequiredlilleinsurance~sdeliveredloBuyer'sallorneyortoBuyernotlessthan3
business days before closing, showing title to the Property as of a date no more than 15 days before delivery of such title evldence to be
163 standard title insurance requirements and exceptions. as appropriate.
merchantable, subject only lo liens which will be paid out of the proceeds of closing and standard abstract certificate limitalions or
164 I TITLE ACCEPTABLE FOR CLOSING: If titleis notacceptableforclosing. Buyershall notify Seller in writingolobjectionslo title by the
165 timesetforclosing.lnsuchevent,Sellershallhaveareasonabletime,bulnotexceeding15days.loremovetheobjections,andthelimefor
166 closingshallbeexlendedasnecessarylorthispurpose.lntheeventthalSellerisunabletoremovesaidobjections.Buyershallhave5days
167 from receipt of notice thereof, 10 deliver written notice waiving the objections, and the time for closing shall be extended accordingly. If
168 Buyer does not waive the objeclions. this Offer shall be null and void. Providing title evidence acceptable for closing does not extinguish
169 Seller's obligations to give merchantable title 10 Buyer.
170 1 ENTIRE CONTRACT
171 This Offer, including any amendments. contains the entire agreemenl of the Parties regardlng the transaction. All prior negotiations and
172 discussions have been merged Into this Offer, This agreement binds and inures to the benelit of Ihe Partles 10 this Offer and their
173 successors in interest.
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I ACCEPTANCE: Acceptance occurs when all Buyers and Sellers have signed the Offer. See llnes 35 and 36 regardlng binding
acceplance. CAUTION: CONSIDER WHETHER SHORT TERMDEADLINES RUNNING FROMACCEPTANCEPROVIDEADEOUATE
TIME FOREH BINDING ACCEPTANCE AND PERFORMANCE.
m CONDITIONS AFFECTING THE PROPERTY OR TRANSACTION: A "condition affecting the Properly or transaction" is defined as
179 follows:
180 (a) Planned or commenced public improvements which may result in special assessments or otherwlse materially affect Ihe Properly or
182 (b) Government agency or court order requiring repair, alteration or correction of any existlng condition:
183 (c) Completed or pendlng reassessment of the Property for property tax purposes;
184 (d) Any land division involving the Properly, for whlch required State or local approvals were not obtained;
185 (e) Anyportlonof the Property being in a 100yearIloodplam a wetland orshoreland zonlng area underlocal,stateorfederal regulations:
186 (1) Any portion of the Property being subject lo. or in vdalion of, a Farmland Preservalion Agreement under a County Farmland Preservalion
187
188 (g) Boundarydisputesormalerialviolationof fencelaws (Wis Slats. Chapter90) which requiretheerectlonandmaintenanceof legal IenCeS
Plan or enrolled in. or in vlolatlon of, a Forest Crop, Woodland Tax, Managed Foresl, Conservation Reserve or comparable program:
betweenadjoiningpropertieswhereoneorbotholthepropertiesisusedandoccupiedlorfarmingorgrazingpurposes: Seellnes 107 lo 110.
181 the present use 01 the Property;
(h) Material violations of environmental rules or olher rules or agreements regulating the use of the Property:
(i) Conditlons Constituting a signilicant health or safety hazard for occupants of Property;
192 (j) UndergroundstoragetanksontheProperlylorstorageolllammableorcombustibleliquidsincludingbutnotlimltedtogasolineand
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slorage tanks.
heating0il:NOTE: WlsconslnAdmlnlrlratlveCode,ChaplerlLHR 1Oconlalnsreglstraflonandoperaflonruleslorsuchundergroond
195 (k) Undergroundstoragetanksforstorageol1lammableorcombustibleliquidsincludingbutnotlimitedtogasolineandheat~ngoll.wh~ch
197 (I) High voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the Properly:
196 were previously located on the Properly;
198 (m) Wells on the Property required to be abondoned (Wis. Adm. Code NR 112.26) but which are not abandoned accordlng to State
200 (n) Cisterns or septic tanks on the Property which are currently not servicing the Properly;
201 (0) Subsoil condilions which would significantly Increase the cost of the development proposed a1 lines 268 to 269. if any. includtng.
203 currently contain toxic or hazardous malerials. high groundwater, soil conditions (e.g. low load bearing capacity) or excessive
204 rocks or rock formatlons on the Properly:
205 (p) A lack 01 legal vehicular access to the Property lrom public roads:
206 (4) Prior relmbursement lor corrective action Cosls under the Agricultural Chemical Cleanup Program; (Wis Slats. 594.73.)
207 (r) Otherconditionsoroccurrenceswhichwouldsign~f~canllyincreaselhecoslofthedevelopmentproposedatIines268 lo 269 or reduce the
208
209 I DX Deadlinesexpressed as a speciflc numberof"days"1rom the occurrence of an event, such as acceptance, arecalculated by
valueoftheProper~ytoareasonablepersonwithknowledgeollhenatureandscopeofthecond~tionoroccurrence See lines 19 to 23
210 excluding the day the event occurred. The deadline then expires at mldnight on the last day. Deadlines expressed as a specilic
21 1 numberof"business days"exc1udeSaturdays. Sundaysand any legal public holiday underwlsconsin or Federal law, or other holiday
212 designated by the President such thal the postal servjce does not receive reglstered mall or make regular deliveries on that day
213 Deadlrnesexpressedasaspec~ficdayoflhecalendaryearorasthedayolaspecificevent,suchasclos~ng,expireatmldnighlofthatday.
214 I FIXTURES: A"Fixture"isanitemofproperlywh~chisphysicallyatlachedtoorsocloselyassocia1edw~thlandastobetreatedaspart
215 ofthe real eslate. Includina. without limllation. Dhvsicallvattached ltemsnoteasilvremovable wilhouldamaaetothe property, items
199 regulations;
202 but.no1 limlted to. subsurface foundations, organic or non-organic lill, dumpsites or conlainers on Property which contalned or
216 specif~callyadaptedtothe~roperly,andilemscustomar~lyireafedasfixturesincludingbutnollimiledloall:pere~nialcrops;gardenbulbs;
217 olants.Shrubs:treesandlences. CAUJION: ANNUALCROPSARENOJlNCLU~EDINJHEPURCHASEPRICEUNLESSOJHERWISEAGREEOAJLlNES13loi8.
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@ 218 I MAP OF THE PROPERLY- See lines 286 to 291
BOUNDARY MAP: AmapofthePropertypreparedbyal~censedlandsurveyorwhlchidentiflesthefegaldescriptionandboundaries
of the property. A"boundary map" also Includes Ihe staking 01 all corners of the Property by the surveyor,
222 of the Property, the boundaries 01 the Property and the location of improvements.
a MORTGAGE INSPECTION MAP. A map of the Property prepared bya licensed land surveyor which identilies the legal descriptlon
223 rn SURVEY MAP: A map of the Property prepared bya hcensed land surveyor, dated no more than six months prior to the scheduled
224 closing date. containing Ihe ALTA certification and showing: cornplele legal descrlption of the Properly: dedicated and apparent
225 streets; boundaries; lot dimensions: acreage or square footage: existing improvements: easements and rights-of-way and vlslble
226 encroachments upon the Property.
227 I TIME IS OF THE ESSENCE: It"TimeisoftheEssence"appliestoadaleordeadline,lailuretoperformbytheexacldateordeadline
228 isibreachofcontract.If"Ti~eiso!IheEssence"doesnotapplytoadateordeadline,thenperformancewithinareasonablelimeof
229 the date or deadline is allowed before a breach occurs. See lines 25 to 27 , 230 ' '231
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LPROVISIONS RELATED TO FINANCING
I LOAN COMMITMENT: If ths Olfer is conlingent on financing, Buyer agrees 10 pay all customary financing costs (including ClOSlng
lees), to promptly apply tor financtng ana to promptly provide evldence of application upon request of Seller. If Buyer qualifies for said
financ~ngorotherlinancingacceptabletoBuyer,Buyeraqreestodel~vertoSeller,orSeller'sagent,acopyofthewr~ttenloancommltnlent
no laterihan the deadline for loan commitmenl under-the Financing Conllngency. It Buyer does not make timely delivery 01 sald
com'mltment, Seller may lermjnate thls Ofler il Seller delivers a writlen notlce of termination to Buyer prior to Seller's actual receipt of
I FINANCING UNAVAILABILITY. If this Olfer is contingent on financing and flnancing is not available on the terms stated. Buyer shall
a copy 01, Buyer's wrilten loan commitmenl.
promptlydeliverwritten notice toseller 01 samemcludmgcopiesof lender(s)'rejection letler(s) or other evidence ofunavailability. Unless
a specific loan source is named in the financing contdngency, Seller shall then have 5 days to give Buyer written notice of Seller's
declslon to 1inance.lhis transaction on the same lerms set forth herein, and th!S Offer shall remain full force and effect. with the lime lor
closing extended accordingly. I1 Seller's notice is not timely given, lhis Oller shall be null and vold.
n LAND CONTRACT: If this Offer provides for a land contract, prior 10 execution 01 the land contract Seller shall provide the same
is no1 in excess of the proposed balance of the land contract, that Ihe payments on the land contract are sufficient to meet ali of the
evidence of merchantable\citle as required above and wrltten proof, at or before executlon, that the total underlying indebtedness, 11 any.
obligations 01 Seller on the underlying indebtedness. and that all credilors whose consent is required have considered to the land
contract sale. I1 Individual parcelsof the Property are being released on paydown on the land contract, the lerms and condltions 01
such releases should be included in the land contract
,A -a, - " "",lmnnrr I?.. h3, ",l."^*P
I
249 PROPERTY DESCRIPTION spp attarhd lyal +s.-rIq+lnn
250 OPTIONAL PROVISIONS: THE PROVISIONS ON LINES 252 THROUGH 306 ARE A PART OF THIS OFFER IF MARKED,
251 SUCH AS WITH AN "X. THEY ARE NOT PART OF THIS OFFER IF MARKED NIA OR ARE LEFT BLANK.
.. page 4 01 4 - VACANT LAND
252 [7 FINANCING CONTINGENCY: This Olleriscontingenl upon Buyer being able to obtain. wilhin - days olacceptance 01 this Oller.
253 a ISTATE LOAN PROGRAM AND STATE IF CONSTRUCTION LOAN 1
254 (Iixed) (adjustable) [STRIKE ONE 1 rate licit mortgage loan commitment, in an amount of not less than $ /or a term 01
255 no1 less than - years, amorlized over not less than __ years. ilthe purchase price under this Oller is modiiied. the loan amount.
256 unless otherwise provided, shall be adjusled to the same percenlage 01 the purchase price as in this contingency and the monlhly
257 paymenls shall be adjusted as necessary to maintain the term and amortizalion stated above.
258 IFFINANCING IS FIXED RATEIheannualrateolinterestshallnotexceed~ %andmonlhlypaymenlsolprincipalandinterestshail
259 not exceed $
260 IF FINANCING IS ADJUSTABLE RATE the initial annual interest rate shall not exceed ~ %. The initial inlerest rale shall be Iixed
261 lor ~ months. a1 which time the interest rale may be increased not more lhan - %per year. The maximum interesl rale during
262 the morlgage lerm shall not exceed - %. Initial monlhly payments 01 principal and interesl shall not exceed $
263 Monlhly payments 01 principal and interest may be adjusted to rellect interest changes.
-~- -264 MONTHLY PAYMEhY,P MAY ALSO !NCLUDE-lIlZ!h d !he estimated net anntral.rea1 estate-taxes..hazard;nsuraance~remi~ms. and
265 privalemorlgageinsurancepremiums. Themortgagemaynotincludeaprepaymenlpremium.Buyeragreestopayaioan1eeinanamount
266 nolloexceedp %oltheloan. [Loanleerelerslodiscountpointsandlorloanoriginationlee,butDOESNOTincludeBuyer'sother
267 closing costs.] SEE LINES 230 TO 248,FOR ADDITIONAL FIN.qNCING PROVISIONS.
268 0 PROPOSED USE CONTINGENCY: Buyer is purchasing the property lor the purpose 01:
269 This Oller is conlingent upon Buyer obtaining the lollowing [CHECK ITEMS THAT APPLY I:
0 Written evidence a1 (Buyer's) (Seller's) ISTRIKE ONE] expense lrom a qualilied soils experl lhal /he Property is free 01 any
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293
294
295 3 6 Thls conflngency shall be deemed saflslled unless Buyer wlfhln - days 01 acceptdnce dellvers wrlnen notlce to Seller specllylng
/hose Items 01 lhls conflngency whlch cannot be satlslledand writfen evldence subsfantlallng why each speclllc Item lncludedln Buyeh
298 noflce cannof be saflslled.
299 0 INSPECTION CONTINGENCY: This Oller is contingent upon a quaiilied inspeclor(s) conducting an inspection(s), a1 Buyer3
300 expense, 01 the Properly and which discloses
301 no delects as deiinedbelow. This conlingencyshall be deemedsatisfiedun1essBuyer within __ daysolacceplancedelivers toSellera
302 copy olthe inspector's written inspeclion reportanda written notice listing the delects idenliliedin the report lo which Buyer objects. For
303 the purposes ollh~sconlingency a deiect is delinedas anycondhon olthe Property whichconstilutesa signilicant lhreat lo Ihe health or
304 saletyolpersonswhooccupyormaheuseoliforg~vesevidenceolanymaleriatuse,slorageordisposaiolhazardousortoxicsubslances
305 on Ihe property. original of the closing and
306 OTHER: Thdattached bp Pwmted hy Spllpr nn or Vefojze
307 IF ACCEPTED. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD CAREFULLY READ THIS
&lare made part 01 this Olier.
308 OOCUMENT, BAOKERS MAY PAOVIOE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW
309 FROM GIVING AOVlCE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT CLOSING.
310 AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDEO.
subsoilcondilion which wouldmahe Iheproposeddevelopmenlimpossible orsignilicantlyincrease thecosts olsuch development:
See line 88.
indicales that the Property's soils a1 localions selecled by Buyer and all olherconditions which musl be approved to obtafn a permil
0 Wrilten evidence at (Buyer's) (Setlers) ISTRIKE ONE J expense lrom a cerlilied soils tester or other qualilied expert that
lor a private conventional septic system tor:
[insert proposed use olProperly; e.g.. three bedroom single lamily home] meel applicable codes in ellect as 01 the dale ollhts Oller.
A conventional Syslem (does) (does not) [STRIKE ONE 1 include alternate private syslems such as mound systems or in-ground
pressure distribulion syslems lor the purposes 01 this contingency. A conventional syslem does not include a holding tank, privy,
composting loilet or chemical toilet.
[7 Copiesal(Buyer'3) (Seller's) \STRIKE ONE] expenseolallpublicandprivateeasements,covenantsandrestriclionsallecting
the Property and a written delermination by a qualilied independenl third party. a1 Buyer's expense. that none 01 these prohibit or
signilicantly delay or increase the cosls ol the proposed use or development identilied a1 lines 268 to 269.
suchpermils. approvalsandlicensesal(Buyer's) (Seller's) tSTRIKE ONE I expenselorthelollowingitemsrelatedtorheproposed
0 Permits. approvalsandlicenses. as appropriate. orlhe hnaldiscretionaryacfion by thegranlingauthorilypriorto theissuance 01
development
0 A map ol the Property at (Buyer's) (Seller's) [STRIKE ONE 1 expense of the lollowing type:
a boundary map: mortgage inspection map: survey map [CHECK ONE BOX TO DESIGNATE MAP TYPE]
See lines 218 lo 226 lor delinilions 01 each map type. I1 this paraqraph is checked but more than one type or no type is selected. a . ..
boundarymapisdeemedseiected. CAUTION: Consldercoslandfhsneedlorfheleafuresolfhevsrlousmapfypesbeloremaklng
prior representations to Buyer or which would render the proposed developmenl impossible or signilicantly increase ils cost.
a selecllon. The map ol the Property shall show no signilicant encroachmenls or any inlormation maleriaily inconsistent with the
the Properly, at the lo1 he, across the streel. elc.): eleclricity
0 Written evidence at(Buyer'3) (Seller's) r-1 expense thal the lollowing utililyconnections are locatedas lollows (e.g. on . gas ~I
municipal sewer -
other
.. ..
,' municipal water ,~ lelephone
ISTRIKE AND COMPLETE AS APPLICABLEI.
317 EARNEST MONEY RECEIPT Broker acknowledges receipt 01 earnest money as per line 10 of the above Olfer.
318
319 SELLER ACCEPTS THIS OFFER. THE WARRANTIES. REPRESENTAtlONS AN0 COVENANTS MAOE IN THIS OFFER SURVIVE CLOSING AND
Broker (By)
320 THE CONVEYANCE OF THE PROPERTY, THE UNDERSIGNED HEREBY AGREES TO CONVEY THE ABOVE-MENTIONED PROPERTY ON THE
TERMS AN0 CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER. @ (XI 323 (Seller's Slgnaturell PrlnI Name here:- Paul Ben& (Soc8al Security No.) (Date1
326 This Olfer was presented lo Seller by
327 OFFER IS REJECTED
on , 19-. at- a.m./p.m.
^,,^ ~ THIS OFFER IS COUNTERED [See attached counferl