CCR1997124COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #124-97
RESOLUTION AS TO OFFER TO PURCHASE ,
(Industrial/Business Park Addn. -- Time Warner)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
accept the attached Offer to Purchase for a one-acre parcel in
the City‘s Industrial/Business Park for a price of $29,500
subject to adjacent property owner (Poje) waiving his right of
first refusal within specified time frame.
BE IT FURTHER RESOLVED that the Mayor is authorized to make
Attorney if needed to facilitate timely execution of the Offer.
necessary technical changes in consultation with the City
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to sign the necessary documents in the name of the
City if approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Engineers are hereby
directed to prepare the appropriate Certified Survey Map, if
required.
DATED THIS 27th DAY OF MAY , 1997.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D‘Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of
Resolution #124-97 which was adopted by the Common Council of the
City of Muskego.
K. “A Cl#k-Treasurer
5/97 jmb U
I
WB-13 VACANT LAND OFFER TO PURCHASE
I ................ Milwaukee ,Wisconsin. Yay 22 , 1% 97
2 'LM~~EPKR~IB((IIR#~~X~~~~X~SIRI~~R~~A(d(.~~~X,XB3#.
ACCEPTED. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTHACT. BOTH PAKTIKS
1 sIIouLI) HEAD THIS DOCUMENT CAREFULLY AND UNDERSTAND l'r I~I.:FOKE SIGNING
5 Thr undcrsipned Iluyer. Tim,? Warner. .Ente.rtainmenf ....... .....
(i hereby offers LII purchase the property known as (Street Address) ,LQt 2 .('&e .&hXhed legal, ,de?C.riPfi.&)
7 in the City of Muske.go , County'of . .Wauk.esh.-?. ..........
8 more particularly described as: See. .CCX.fif.ied. .$.Urv.!?l! Map. .?.f!X.'?h'?d, .as E?!h!b.it 1.
, Wisconsin.
9
IO ......
I I at the price of Tw.enty .Nine. .Thousand Five. .HUn.dred. .&. .N.Qk!oo,$:- 1)ollars (s??.,. 500tOO I
12 and on the terms and conditions as folluws:
13 Earnest money of$ 50.0..00 in the form of ch.Kk tendered with this offer. ~MHMIWXX~~W
14 RIW)(X~~xxx~xxxxx~x~~~XxX~XXXXxXXX~~~~ffi~~XXX.XX~~~~~~XK~3E#~~Xlr
I5
11; kailure of Huyer Lo make carncst money payments as provided voids offer at Seller's option. Earnest rnuney. if held by broker.
~ .. and the l,alitnw in rash a~closing.
17 shall he held in selline hroker's trust account orior lo acceotance ofoffer and thereafter in listing broker's trust account or until
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18 appliedlo the purchase^ rice at closing or disbursed as prbvided herein or permitted by law.
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19 TIMEISOFTHEESSE~CEASTO:AUDITIONALEARNESTMONEY PAYMENT,ACCEPTANCE.LEGAI,POSSESSION.
~~ ~ ~ ~~ .. ~ ~~~
~~~ ~
20 OCCUPANCY, DATE OF CLOSING AND AS TO ALL DATES INSERTED IN THIS OFFER EXCEPT
22 THE HUYER'S OBLIGATIONTO CONCLUDETHISTRANSACTION ISCONDITIONED UPONTHE CONSUMMATION 2 I .............................. .-: ...............................................................................
23 OFTHE FOL1,OWING:
24 (If this offer is subject to financing, survey, percolation test, specific zoning or use. approval of recorded building and use
25 restrictinns and cuvenants. or any other conlingency. it must be stated here. If none, so state.)
26
27 see. .Addendum A. .attached herst.0. .and plde .a. .P.3r.t. .b.KeC!f.,
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17 Huyer agrees that unless olherwise specified. Huyer will. in good faith, pay all costs of~securing any financing to the extent
48 perrnitlctl by law, and will perform all acts necessary 10 expedite such financing.
50 delivered free and clear of encumbrances: all fixtures; and all garden bulbs, plants. shrubs and trees.
51 Al)~lTIONAI, ITEMS INCLUDED IN THE SALE: ,None v2
53
54 ITEMS NOT INCLUDE11 IN THE SALE:
49 lncludedinthepurchasepricearesuchoflhefollowingitemsasmaybeonthepropertyonthedateofthisofCer,whichwillhe
,p, NIA.
i7 .... 57 Sellershall,uponpaymenlofthepurchaseprice,conveythepropertybywarrantydeed,orotherconveyanceprovided here!", ~. .. .. .. .. ~~
5R freeandclearofallliensandencumbrances,excepting:municipalandzoningordinances,recordedeasementsforpublicut~I~t~es
59 serving the property, recorded building and use restrictions and covenants, general taxes levied in the year ofcloslng and
60 ........ .. ..... provided none of the inregoing prohibit present usc.
fil ;~ndSellershnllcomp~cteandexecutethedocumentsnecessarytorecordthecunvey;lnce.(WAHNINC:Hecordedbuildingnndus.e
62 restfictinns and covenants can have material impact on the use ofor improvemcnts to thc property.)
63 rhisofferishindingupnnhothpartiesonlyi~acopyoftheacceptedofferisdeposited,p~~stapeurfeesprep~~id.intheU.S.~n~liI
WI 53202
or a commcrcial delivcry system, addressed to Huyer at ,330 E.. Kilboar,o.,. .#92.5,. Mi.lWa.Ukeer or by personal
delivery uf the accepted offer tu Buyer on or hcfore Sees Addendum A. Otherwise. this dfcr
IS vmd and all carnest money shall he promptly rcturned to Buyer. E\.
67 ' \ This transaction is to he closed a1 the office of Buyer's mortgagee or at the office of .A.tt.Y... .Marti.Q. .G.'???!!berg.
68 on Gr before See. Addendrrm ,A 19. ,,or at such othcr time and place as may bc agreed in writing.
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70
Le@ possessinn of property shall be delivered to Buyer on date ofclosing.
It is understood the prnperty is now occupied hy .VaC.aIlt.
71 under (ural lease) (written lease). which lerms are:
72
73 . " .. ..
Occupancy of , .subje,ct, pre.~iseS, clOsi.ng
shall be given to Huyer on
71 ~Pbtoc~Pem~m~~~~~~~~~~~~~,~~~~~~~~~~x~xxx~~xu~~
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76
17 .. \.
75 tQ~~~6Pkddkm~Xe€rmChi~"~~~.
~k~nwrX~~X.XXXXX.XXX.~~~~~~~~~~~~~~~~~XXXXXXXXhXXXXXXXXXXX
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78 WnarKA~~~W~~~~~~~~ar~w~'~~~~~~nIXI.~~~~X
79 ~~klmn~#orxat~~~~PdfOCm~x~~X~~~#~~~,.
x0
HI applicable).
(Seller warrants)(Map dated indicates) (none) WmM) of the property is Iucat~.tl in :I lhd plain (Strikv :IS
Xi applicable).
(Seller warrants)(Map dated indicates) (none)mW) of the property is located in a wrtland (Striktt :IS x:!
84 Seller represents that the property is zoned .I.-!. 1n.duStria1. park .HT,- ~. Sellcr warran-ts and represents to Buyer ihal Seller has no notice or knowledge uf any:
Hfi (n)planned orcnmmenced puhlic improvements which may result in special assessments or nthcrwisr materially affect lnr
H7 property.
RH
#!I (1,)gnvernment agency or court order requiring repair, alteration, or correction of any existing conditi#~n.
(c)shoreland or special land use reguhtions affecting the property. !In (d)underground storage tanks and the presence of any dangerous or toxic materials or conditions alfecling the Droperty
91 EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES HI1 TO !W:
92 None
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9s
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97 association assessments. fuel. and . . . !xi Any income, taxes. or expenses through the day of closing accrue lo Seller.
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99 General taxes shall he prorated at the time ofclosing based on the net general taxes for the current year. if known, otherwise
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'rhefnllnwingitemsshnIIl~cprnr~ted~s~~Fthed~yniclnsing:generaltaxes,rents,w~ter~~~ds~~w~~r~~~ech~rges,i~~,~n~~,wn~~r~
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101) on the net general taxes for the preceding year.
101 CAUTION: lfproperty has notbcen fullyassessed fortaxpurposes,orreassessmcntisc~,nlpleted~,r pcnding,tax proration shi~ll
I n:] 102 be un the hasisof$.
Spccialassessments,ifany,forworkonsiteactuallycommencedorleviedpriortodateufthisoffershaIIhepaidhySeller.Al~
104 other snecial assessments shall be mid hv Buver. (Caution: Consider a special aereement if areit assessments or homeowners
estimated annual tax.
:moci:&m assessments are contem Iated.) " ,.
Scllcr shall pruvide tn Huyer at &ller's expense at least three(:i) husiness d;~ys Iwforc clclsing, Scllcr's <.hoice oL
I on ~K~~~~~~XK~~~~~~X~~~~
I IO showing title to the property as ofa date no more than IF, days before such title proof is providcd tu Huyer tu be in the condition
I I:! insuranceexceptinns or nhntractcertificate limitations, as appropriate. Buyer shall nntily Sellcrofany valid ohjectiun to title in
I I I callcd lor in this dfer, and further subject only to liens which will be paid out nf the proceeds ofthe clming and standard Lillc
I l:i writing hy closing:. Seller shall have a reasonable time. hut not exceeding 15days. to remove the ohjections, and closing shall be
I I4 extended as necessary lor this purpose.
I15
I Lli rcquired above and written proof. at or before execution, that the total underlying indchtcdness. if any. is nnt in excess nl the
Ifthisollerprovidesforalandcontract,priortoexecutionofthelandcontractSellersh:~Ilprovidctl1es:~mcevidcnceoFtitlcns
I 17 proposed halan-ce dthc land cuntract, and that the payments on this land contract are sufficient LII nwetall dthc ohligatiow of
I IH Seller on thr underlying indebtedness.
11'1 If the trans;iction f;lils lo CIIW :~nd the parties rail lo agree on the dispusition of c;~rn~~st mrrnl!y. thc,~ r.:trncst Inr,ncy hi.Id Ily
IO9 of the purchasc pricc upon recording of propkr documents;
1211 broker shall he disllursed as lullows:
121 I. '11~) Huycr. unlessSeller notifies Uuyerand Hrokerin writing nnlaterthan IT,d;~vs;~flcrtllce;~rlier~~CLlir liilyer's written
I22 demand for return of the earnest monev or the date set for chine. that Seller elects Lo cunsider lhe carncst m~~nrv :IS
I 2:l liquidated damagcs or partial payment for specific perfurmance.
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2. 'I'r,Sellcr,suhjectt~~amountspnynhlet~,hroker,providedtheabovenoticcisgivcn;~ntlneitl~erpnrtyc~,mlnenccsaI;~a'suiL
on this matter within :io days after receipt of the notice.
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121; 111 lnaking Lht~dishursement. the hroker sh:lll follow prnreduresin Section 111, IX.l111(4). Wis. Adn1. C:CNI<,
I)isbursemenl nlearnest money dues nut determine the legal rights of the parties in relation to this ;Igrccment
12y with this agreement or present Ilepartment of Regulation and Licensing regulations concerning earnrst money. 128 Hothp~rtiesayreetohuldthehrokerharmlessfromanyliabilityforgoodfait11disl~ursem~ntr~lc;~rncstn~~~neyinaccord;~n~~c
130 Iftl~cprt~pertyisd;~m:~gedl~yfireorelemcntspri~rrtotimeolclosinginanamountwhichcscrt~~lsfivrp~~~-re~~t~~lLl~~selIingpri~~~.
131 tl~iscontractmayl~ec~~~celledatoptiunuFHuyer.ShouIdBuyerelecttucarryouttl~isa~ree~ncn~dcspitcsucl~~l;~n~~~ge.Huyersl~:~II
1:iZ he entitled to the insurance proceeds relating to damage to property.
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133 SPECIAL PROVISIONS: See. Addendum A.
134
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Sellerand Huyeragreeto~ctingoodfaithandusedili~enceincompletingtheter~ns~~fthisagreement.'I'l~isayreementl~in~ls
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I:]>] nntl inures to the benefit of the nrties tu this agreement and their successors in interesl. TIME WARNER ENTERTAfNkJENT COMPANY, Is. P.
Buyer's Soci:ll Security No
14;l THIS OFFER IS HEREBY ACCEPTED. THE WARRANTIES ANI) KEPRI<SEN'TATIONS MAI)I<
144 HEREIN SUHVIVE THE CLOSING OF THIS TRANSACTION. THE UNDEHSIGNEII HEREBY AGREES
145 TO SELL AND CONVEY THE ABOVE.MENTIONED PROPERTY ON THE TERMS ANI) C0NI)ITIONS
14fi AS SET FORTH AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT
Dated: I48
149 Olfer is rejected (Seller initial.) Seller's Social Security No
, 19.
(Seller)
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15:i 'I'his dfcr was dr;lfted by (Licensee and firm)
154 It \vas presented tt, Seller by
EARNEST MONEY RECEIPT
Broker acknowledges reccipt of initial earnest money as per line 13 of the alrove offer.
m.
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ADDENDUM A
AS MADE BY
TIME WARNER ENTERTAINMENT COMPANY, L.P.
TO VACANT OFFER TO PURCHASE
The property known as Lot 2, being a redivision of Lot 2 of CSM No. 7292,
located in part of the Northeast % of the Southeast %, Section 17, Town 5 North, Range
20 East, in the City of Muskego. Waukesha County, Wisconsin.
ADDENDUM A to Vacant Land Offer to Purchase by and between, Time Warner
Entertainment Company, L.P., as "Buyer", and City of Muskego, "Seller"
1. Any and Other Permits. The'consummation of this Offer is subject to Buyer
obtaining, from Waukesha County and or the City of Muskego, or any other governmental
authority any and all other permits, licenses, approvals or consents that Buyer may find
necessary to obtain in order to use the property as hereinbefore referenced.
2. Approval by Muskego Business-Industrial Park. The consummation of
this Offer is subject to the presentation and approval by the Waukesha County andlor the
City of Muskego, of the specifications, site plans, development, building plan, landscaping
plan, signage plan, lighting plan, utilities, special equipment and appurtenances, and any
other plan(s) as required, by the said Waukesha County or the City of Muskego within ten
(IO) days of Seller's acceptance of this Offer to Purchase.
3. Certified Survey. Seller shall provide a current survey (dated within two (2)
years of the date of this Offer) of the property, which survey shall show no encroachments
or claims of third parties and to be acceptable to the title insurance company issuing title
insurance for purposes of removing the standard survey exception.
4. Buyer's Verifications. The consummation of this Offer is subject to Buyer
obtaining the following verifications.
A. Buyer's verifications that there are no easements, covenants, licenses
or restrictions effecting the property that would prohibit, impair or render more costly
Buyer's proposed development and construction of the property as hereinbefore stated.
B. Buyer's verification that utilities, including but not limited to sewer,
electricity and gas are readily available to service the entire property for the development
and construction as hereinbefore stated.
C. Buyer's verification of full and free access of ingress and egress to and
from the property the subject of this Offer
D. Buyer's review and approval of any restrictive covenants or rules or
regulations as may be contained in the Rules and Regulations for Muskego
BusinessAndustrial Park.
E. Buyer's verification that the subsoil of the subject property is free from
adverse conditions and can support the intended construction and use as hereinbefore
defined.
The above verifications, contingencies and conditions shall all be satisfied and
waived, except as otherwise stated, within ninety (90) days of acceptance of this Offer, by
Buyer or this Offer shall be considered null and void and all earnest money tendered
therewith shall be returned, forthwith, to Buyer
5. Closing. The closing of the subject transaction shall occur within thirty (30)
days after the Buyer has waived the contingencies of this Offer to Purchase. Said closing
shall be held at the offices of Seller's attorney, or such other place as may be mutually
acceptable to the parties.
6. Representations and Warranties of Seller.
A. Seller has no notice or knowledge of any contemplated changes in the
zoning classification or the uses thereunder
B. There are no known easements, covenants or restrictions effecting the
property that would prohibit, impair or render more costly Buyer's proposed development
of the property.
C. There are no known legal actions, suits or administrative proceedings,
including condensation cases, pending or threatened against the property.
D. Seller has no information or knowledge of any changes contemplated
in any applicable ordinances or restrictions or any judicial or administrative action or any
action by adjacent land owners or natural or artificial conditions upon the property which
would materially limit or render substantially more costly Buyer's contemplated
development as hereinbefore stated.
E. To the best of Seller's knowledge, information and belief, there has
been no pollution, asbestos, hazardous substance, toxic material or waste, disposal or spill
on or within the surfaces or sub-surfaces of the Property within the meaning of any federal,
state or local environmental, water pollution, hazardous substance, toxic material or waste
e law, ordinance or regulation; nor has any asbestos, hazardous substance, toxic material
or waste been disposed of, stored, treated or used on or within the surfaces or sub-
surfaces of the Property; nor has there been any prohibited discharge of sewage, industrial
or other waste on the Property or into the drainage, storm or sewer systems serving the
Property; nor are there any surface or sub-surface storage containers or tanks on the
Property.
F To the best of the Seller's knowledge, no "Hazardous Substances" (as
hereinafter defined) have ever been manufactured, treated, stored or disposed of on the
Property or any part thereof, and no underground storage tanks or underground deposits
are located on the Property. For purposes of this Offer, "Hazardous Substances" means
and includes any hazardous, toxic or dangerous waste, substance or material defined as
such in (or for purposes of) the Comprehensive Environmental Response, Compensation
or Liability Act, any so-called Superfund or Superlien law, or any other federal, state or
local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to
or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous
waste, substance or material as now or any time hereafter in effect, or any other
hazardous, toxic or dangerous waste, substance or material.
The foregoing representations and warranties shall be true and correct as of the
time of closing and shall survive the closing of this transaction. Said representations and
warranties as made are a material inducement to Buyer entering into this Offer
0
7. Property Condition Report. Seller believes that the Seller's disclosure
report dated June 29, 1995, is true and correct, a copy of said report is attached hereto,
and made a part hereof.
8. Further Agreements. Buyer acknowledges and agrees to the following:
A. 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; and
B. The subject property is presently owned.by the City of Muskego and
currently tax exempt.
C. 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.
D. Special Improvements:
1) 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 ana water at Buyer‘s expense. Electric and telephone
service is available along lot line. Natural gas is available in
adjacent Drive.
2) If said streets are not permanently surfaced at the time of the
completion of this transaction, said streets when permanently
improved shall he at the expense of the City and no special
assessments with respect to the permanent improvements of
the streets shall he assessed against the property herein
described, and the Buyer, his heirs and assigns, shall have no
further obligation with respect hereto.
E. The provisions of Paragraphs Thirteen (13) and Fourteen (14) of the
Rules and Regulations for the Muskego Industrial Park as originally adopted by the
industrial Park as originally adopted by the by Resolution #14570 on July 28, 1970, and
further extended to cover Muskego Industrial Park Addition #1 on May 27, 1986 are
incorporated herein by reference as if fully set forth herein. Said provisions provide 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.
9. Right of First Refusal and Time of Acceptance. It is understood that the
Seller has granted to another party a right of first refusal, pursuant to the terms as
contained on the exhibit attached to Addendum A. Said acceptance by Seller shall be
subject to approval of acceptance by the Common Council of the City of Muskego prior to
submission of the Offer to Purchase to the other party having the right of first refusal and
further, subject to the other party waiving its right of first refusal, which dates shall be on
or before June 15, 1997
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D. Special Improvements:
1) 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 ana water at Buyer's expense. Electric and telephone
service is available along lot line. Natural gas is available in
adjacent Drive.
2) If said streets are not permanently surfaced at the time of the
completion of this transaction, said streets when permanently
improved shall he at the expense of the City and no special
assessments with respect to the permanent improvements of
the streets shall he assessed against the property herein
described, and the Buyer, his heirs and assigns, shall have no
further obligation with respect hereto.
E. The provisions of Paragraphs Thirteen (13) and Fourteen (14) of the
Rules and Regulations for the Muskego Industrial Park as originally adopted by the
industrial Park as originally adopted by the by Resolution #I4570 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 provide 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
9. Right of First Refusal and Time of Acceptance. It is understood that the
Seller has granted to another party a right of first refusal, pursuant to the terms as
contained on the exhibit attached to Addendum A. Said acceptance by Seller shall be
subject to approval of acceptance by the Common Council of the City of Muskego prior to
submission of the Offer to Purchase to the other party having the right of first refusal and
further, subject to the other party waiving its right of first refusal, which dates shall be on
or before June 15, 1997
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-- LA
PAGE az
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CERTIFIED SURVEY MAP NO -
R - RECORDED AS S
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""- SATURN "4- DRIVE 9 01 --"-q--- "
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C.S.U. NO, 7292 '4 - - - - - - - - -
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EXHIBIT "X"
J. 092 Vncanl LMJ . Orman noal ~BIO Condltlon napnt Wlsco,~sln bgnl Ulnnk LO.. I,,:.
Mllwaaukoo. VAS. - LVACANT LAND -OWNERS REAL ESTATE CONDITION REPORT 1
I PnOPERTYmDRESS: Lot 2 CSM 7292, City of Muskego, Wisconsin + rRorEnm OWNERS: City of Muskego
OWNER LIAS OWNED IIIE rRormrY FOR 9 YEARS.
For UIC purpse ofcomplyblg wiU1 cemin rcgulnliom m~d disclosure Inws. it is imperative hat UIC following qucslions be nnnvcrcd md &?!a bc
5 supplied ty UIC owncr olmordmlir will nlso g~ca~ly assist he snlc of your property.
G WAIWINC: I~~currcct rcprcscntnllnlbr my rcwlt 111 rcllcr Ilnblllly lor dnmnEcs.
7 Tllis ronrl i to k co~nplcrcd pcnonnlb by owcn hscd on nll orownen idonnation, knowlcdgc ndor olscrvaliolu. Wldc SOIIIC oTUlc rlucsliolu am
8 worded inn II~NUIC~ IO arsist rccnll, it is dificult IO covcr nll siluntions, so plcarc ndd or nlllcnd Illis 1q101t ns npproluinlc.
Ausacr ~IICSIIOII~ by cI~.cll~~p yuur rcrl~n~~sc. Ilyuu tlu IIUI I~IIOR 111. nnswcrr, plcnse cl~rlc "UNIC" lur "UNIWWVN".
AlrnhLL"YWS" nllswcrr murl bc cxplnl~~cd b~ lhc blnnk spcc nl lllc clld ulllllr 1ur111.
I I nhis is ~OI n substilule lor my inspections buyer n~ay wid1 LO oblnin. Seller is IIWXC tlml Duycr olmy be relying II~OX~ his iuronnnlion in dcciding
12 wI~cUIcr or 1101 or up011 whnl IC~S IO purcl~asc UIC ~IIO~ICII~. 111 his ronlu %I nwarc.' ~IIC~IIS lo IIWC uoticc or knowledge.
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XNEIbU
(I) Arc you nw of plm~cd or commenced public inlprovcmcnu which may result ill special arsessInenLs or o~l~crwisc
(2) Arc you nmrc ornny government ngcncy or court ordcr requiring rcpnir. nllcrntioll or corleclion ofnny exisling co11ditiot17.
(3) Arc you nwnm of my complclcd or pending Propcrty bu rcsscsslncnl olhc Property?. YES UNK
(4) h you nwnm of MY INld division involving ulc Plopclly (for which rcquircd slale or locnl nppmvnk were llot oblnillcd)
Nldlor m~y reason why UIC land division my not have bccn rccordcd in ll~e rcgister of dcclls? .............. YES @ UNK
(5) Arc you nwam of any portion ol!he Properly being in n 100 ycar floodplain, n wtlund or P rlmclnnd zoning ma under
local. stale or fcdcnl rcgulntionr? ........... .......... ................ ................. .....
(6) Do you lwvc n survey ofUlc pmpcrlyl ..... ...... ........ ... ... ...... YES g :;;
nnd do you know of any rcason why ll~c survey may In inaccmtc or nlislcadulgl. .......... ... YES @ UNK
~noterially nflcct lhe Property or Ute IMCSCIII IISC ofthe Property?. ......... ... .... ....
YES @ K YES
Ifso, what is UIC dnlc olllle survey
(7) lf you how. what is UIC sue ofUlc Property7 -Acres - Wl~ar do you base hat inlomation on?
(8) Is Ulis property subject to assessment by my non-governmental entity or adjacent lot owners (such as n shwcd wvcll.
(9) OUler UL~ n governmental nulllority, LLTC you nwarc olnny person. group or committee (such ar NI nrcllilcclunl co~hl
RURAL
(10) hre you am of nny portion of' UIC Propcrty king subject to. or in violntioll oc n Fnrnllwd Prcscrvntion hgrccmcnl
under a County l%nnlnnd Prcservation Plan, or enrolled in. or in violation of. n Forest Crop. Woodland Tar, "aged
(I I) Arc you nwnm of mly boundmy dispurer or nurlcrinl violalion of fence lnws7 (nole: Wig. Stnu. CIL. 90 rcquircr Ulc cnclion
nnd rnnintcnnncc orlcgnl fcncer bdwccn ndjoining properties wl~crc one or boll1 or he pmpcrlicl is used nnd occupicd for
slland ncccss ma4 water mt, out lot mnidcnance, clc.)? ............... ............ ................ .. YES @ UNK
commitkc) which must approve ofnny consbxclion on this property? .................... ............................... YES @ UNK
Fomg Conscrvalion Reserve or similar program? .................................... ............. .... ... YES @ UNK
fanning or gmzing purporcr)? ........................................................................................................ .... ...... YES (@ UNK.
(I 2) Arc you nwam of prior rcimburscmcnl for comclive nclion wsb under UIC hgricullml Chcmicnl Clcnnup Progrnml
(wis. slnu. 591.73). ................ ............ ............. .............. ...................... YES @ UNK
ENVIRONRIENT,U
(14) Arc you nwm ofconditioru constituting n significmt l~cnlU~ orsarcty II~ roroccupmts Orhpcrly?..
(13) you nwm ofnny violations ofcnvimlunental m~cs or outer rules or ngrccmcllts rcgulntbg ~lc use ofthe I~ropcltyl. YES @ UNK
YES 6 UNK
(15) Arc you ow olundergmund or ohcr storage tanks (including UIOSC 4ich may have bccn rclnovcd) on UIC Property
Torslornge ofconlnnhnb or flvtunnblc or conlbustiblc liquids, includu~g but not I'u~lilcd to gsoliulc NI~ hcatillg oil?. YES @ UNK
(16) hre you nwnm ofof high voltage clcclric (100 KVor greater) or steel nnlurnl gs Imnlissioll lines localcd ol~'but not
diclly serving UIC Properly7 ........... .................. YES @ UNK.
WELL,SEPTIC &SUDSOIL
(17) Arc you ntm 01 wIIs on ll~e Property rcqllicd lo be nbx~dool~cd (Wis. Ahn. Code NR I1Z.ZG) but which nn not
nballdoncd nccording lo stale rcgulalions? ..................................... ......... ... YES @ UNK
(18) Arc you nwrc of cislerns or septic mks 011 UIC Property1 ............................ ......... ...... .... YES @ UNK
(19) llnve you evcrhad lllc pmpcrty (or mly portion ~lcrcoo ~es~cd or exmined (illcluded pc;c lest, soil tmrings. ctc.)~ ... YES N-
(20) Arc you nwm of nny of he following subsoil condilious: subsurfnce founhtions, organic or non-orgmlic fill. dumpsites or
condiliom (c.s. low lond bcnring cnpacity). accssivc mclu or mk lommlions on UIC Property or nny oU~cr condition which
containers on Property which contained or currently conlain toxic or hazardous makrialr. high go~dwaler,unuswl soil
........... CITCCI cost olconstruction?. ..................... ......... ... ... .............. YES @ UNK.
Ihevsluc oflhe Property to a rcnsonablc person w'illl knowledge oflhe nntun and scope of Ule condilion or occu~rcncc? ........ YES @ UNK.
(21) Arc you nwnm of n lack ol legal vehicular ncccss to UIC Properly from public roads? ................................................. YES t@ UNK
(22) Arc you ow of nny olllcr conditions or OCCUITC~CCS which would significantly increase ll~c cost of development or reduce
EXPLANATIONS OF "YE" ANSWERS AND OTHER INFORMATION YOU WISH TO EXPLAM I 59
1\61
60
water, sanitary sewer and telephone to the subject
property.
5. In addition to the optiofi rights contain herein,
Seller hereby grants to the Buyer the . 1 0
of fisc refusal:
Ln the event the Seller
Fabruary
property from a third party, the Bsyer shall have the
essence, e bona fL offex to purchase the subject
right to meet the price and terms of said offer or upon term as favorable to Seller as appear in said offer
within ten (101 days after a cogy of said offer is
personally delivexed to Buyer. If Buyer does not
period herein specified, said right of first refusal
exercise its right of first refusal within the rime
shall be deemed waived by Buyer and be of no further farce and effecc. if, however, for any reason seller shall fail to consummate the sale and transfer of the subject property with said third party, the rights herein mentioned ahall be deemed revived and be of the
~ame force and effect as if no bo^ fide offer was ever received.