CCR1998242COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #242-98
OFFER TO PURCHASE
Machulak
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Public Utilities Committee, does hereby authorize the execution
of an Offer to Purchase and necessary closing documents for permanent easement for
sanitary sewer improvements.
BE IT FURTHER RESOLVED That the Mayor is authorized to make necessary
technical changes, if needed, in consultation with the City Attorney to facilitate timely
execution of the Offer and closing documents.
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 andlor closing dates, if necessary.
0 DATED THIS 8TH DAY OF DECEMBER ,1998.
SPONSORED BY:
PUBLIC UTILITIES COMMllTEE
Ald. David Sanders
Ald. Donna Woodard
Ald. Mark Slocomb
This is to certify that this is a true and accurate copy of Resolution #242-98 which was
adopted by the Common Council of the City of Muskego.
.?“/I&
12/98 jmb
GENERAL PROVISIC
3 ~' The Buyer, CITY ched leoal descrintion
~
6
7
8
I9
10
11
' 13
12
14
15
ollers Io purchase the
, W~sconsin.
(Additional description. il any') Eione
"" ~ ~~ on the lollowing terms'
~ ~~ ~ Dollars ($-AD-.--- ).
I EARNEST MONEY of $- da ~- in the form 01 accompanies this Offer and earnest
money of $ ~~~
rn THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closmg unless olherwise provided below.
__ wlll be paid within nLa days of acceplance.
D ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase prlce and transfer. free and clear of
encumbrances, all fixtures. as dellned at lines 214 to 217 and as may be on the Property on the date 01 lhis Offer. unless excluded at IlneS
17-18. and the following addlllonat items. !?!?!!!,_-~- ~~ ~-
1 PURCHASE PRICE:_XGL-- ~~ ~~ ~~
' n/a
n/a -~ in the form 01 n/a
..
25 TIME IS OF THE ESSENCE as to. p (2) binding acceptance: (3) occupancy: (4) date of closing
26 [STRIKE AS APPLICABLEJ and all other dates and deadlines in this Olfer except. .nOneL~~~ ~~~
". . ~ ~~~~ "" ~~~~
"
OPTIONAL PRoVIS1oNS AND ADDENDA 1 See lines 252 to 305 lor optlonal provislons including contingencies. See llne 306 to
34 LACCEPTANCE. DELIVERY AND RELATED PROVISIONS]
. ~~
35 BINDING ACCEPTANCE Th~sOfferisblnd~nguponbothparliesontyitacopyoftheacceptedOlfer~srlellveredtoBuyeronorbctore
36 / - &.: ... CAUTION: This Ollermay be wllhdrawn prlor lo dellvery olthe accepled 0th.
37 rn DELIVERY OF DOCUMENTS AND WRITTEN NOTICES. Unless olherwlse slaled in lhis Offer. delivery 01 documents and Written
38 notlces to a parly Shall be effective only when accomplashed In any 01 the following ways'
39 (1) By deposltmg the document or wrltten notice postage or fees prepald or1 the U.S. Mail or acommerclal delivery system addressed lo the
41 Seller: ~SlnnZLSnvrthl2(~~,-.~~5~~--~
42 (2) By givlng the document or wrillen notice personally to Ihe party.
43 (3) By electronically transmitting the document or wntlen notice Io Ihe tollowlng telephone number:
I 40 party at. Buyer ~ayar~David_T,.-Ilf~~elis,.llity ~af_~kgQ,-E.11-~.7~9.,_~Q,_.LuI-53251.=0~
44 Buyer: 1 414 ._ 1 679-5630 _~___ Seller: (____
45 OCCUPANCY AND RELATED PROVISIONS 1
46 OCCUPANCY 01 . the eas-t
47 shall be gwen to Buyer at tlnle 01 closing Ijnless olherwise agreed 411 wrtling CAUTION: Consider an agreement whlch addresses
LEASED PROPERTY. I1 Properly is currently leased and leases extend beyond closlng. Seller shalt assign Seller's rights under Said
lease(s)a~ldtra~lslerallsecuritydepositsa~ldprepa~d~er~lsthereun~erloBuyi.ratclos~~~~ Ihelerrnsofthi!jwrltlen) (oral) LSTRIKE ONE]
' 52 CLOSING: lhis lransaction IS lo be closed a1 Ihe place deslgnaled by Buyer's mortgagee or ..!%%cc*..!!&!-~.-
I
~- ~~~ ~ ~ ~~ ~~~~~~~ ~ "" ~ ~ ~~~
1 responslbillty lor clearing the Properly 01 personal properly and debris, il applicable.
I fb
51 lease(s), 11 any, are ..No~1-affect-~S~~P~.~._~~-_-. ~~~
53 ~~~~ no later than -.-~---~-.k:-,!S , 19. 99 unless another date or place is agreed lo In writing.
55 '. p ".
54 m CLOSING PRORATIONS:
59
--
65 rn FORMOFT anowner'spolicyollitle
67 CONVEYANCE OF TITLE. Upon payment 01 the purcnase price, Seller shall convey the Propeuly by-(or other
66 insurance CSTRlKE AS APPLICABLE] as further described a1 lines 155 Io 169. easmt
68 conveyance as provided ha:eln) free and clear 01 all liens and encumbrances. excepl' municipal and za;rllilig oldlnancesand agreements
GY entered under Ihem. recorded'casemenls lor !he dislributlon of ulll!ty and municipal services, recorded bullding and use restriclions and
70 covenanls, general taxes levled In the year 01 closlnym -_-
72 lor purposes 01 this lransaction. Seller further agrees to complete and execute tlle documents necessary to record the conveyance.
71 (provldPd.none 01 the toregolng prohibit present use of the Property). wtiich constilules merchantable tllle
73 CAtITION. SFF I INES 74 TO R3. ,
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134 B 135
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b 144
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1 149
(Y 152
153
I54
1,. ISSUES RELATED TO PROPERTY DEVELOPMENT
WARNING: I1 Buver contemplales devefopfng Properly or a use olher than the curranf use, fhere are a varlely oi Issues whlch should be
addressed lo ansiire fhe developmen1 or newuse is pdsslbfe. Municipal and zoning onflnances. recorded bulldlng and use reslrlcIIonS.
covenants and sasements may prohlblf cerlafn lmprovemenls or uses and flrerelore should be revlewed. Bulfdlng permlfs. zonlng
lnslallaflonolroadsoruflllfles. envlronrrtenlalaudlts.subsollfes1s. SIC., may need lo beobfalnddlodefern~lr~e lhe ieaslblllfyoidevalopment
variances, Archlfeclural Control Commltlee approvals, esflmalas ior r~flllfy hook-up expenses. spocfaf assessment charges lor
ol,orapartlcularuseior,aprope~y.Opllonalconflngencleswhlcl~allo~Buyerfolnvestl~afece~fafnolfheselssuescanbeloundafllnes
252 lo 305 oi lhls Oiler and Buyer may add conllngencles as needed In addenda whlch may be added Io lhls Olier (see line 306). Buyer
should revlew any plans lor devefopmenf or use changes to determfne what Issues should be addressed In conflngencles lo this Olier.
PROPERTY CONDITION PROVISIONS
INSPECTIONS: Selleragrees toallow Buyer's mspeclors reasonableaccess to the Property upon reasonable notlce and gives Buyer's
Inspectors perm-'&on to perform tests of the Property, if the tnspecttons and the tests are reasonably necessary to satisfy Ihe contingencies
in this Oller. Buyer agrees to promptly provide coples 01 all such inspectton reports to Seller. and to listing broker 11 Property is listed.
Furthermore. Buyer agrees to promlitly restore the property to 11s onginat conditlon after Buyer's inspections are completed, unless
ulllerwise agreed with Salter. CAUTION: Seller acknowledges that unless rnodltied. Ihe contlngencies a1 llnes 252 lo 305 authorize
Buyer's Inspectors lo fake so11 samples whlch may detecl envlronmenfat conlanilnatlon whlch may be requlred lo be reported lo the
Wisconsln Department of Natural Resources.
-"-~ROF?ERT;Y-PAhllAGE-EETWEEF! ACCEPTA~~€E-ANC-CLCSING-Set~rsiTall~~iMinlaili thFPTomlxit tl%<a~~ o~~o%ing-or
occupancy by Buyer in materially the same conditlon as of the date of acceptance of this Offer. If. prior lo the earller of closing or
occupancy by Buyer, the Property is damaged io1 an amount of not more than flve percent (5%) of the seltlng price, Seller shall be obligated
to restore the Property. II Seller is unable lo restore the Property. Seller shalt promptly notify Buyer in writing and this Offer may be
cancelled at the option 01 the Buyer. It the damage shall exceed such sum. Seller Shall promptly nottfy Buyer in writlng of the damageand
this Ofler may be cancelled at optlon of Buyer Should Buyer elect to carry out thts Offer despite such damage, Buyer shall be entitled to
any insurance proceeds relating to the damage to the Property. plus a credit towards lhe purchase price equal to the amount of Seller's
deductlble on such policy.
PRE-CLOSING INSPECTION: At a reasonable time. preapproved by Seller or Seller's agent. wlthin 3 days before closing, Buyer shall
have the right to Inspect the Property to determine that there has been no signilicant change in the Cmdition of the Property. except for
changes approved by Buyer
Buyer acknowledges that Propertydimensions. totalsquare footage, totalacreageand allocation of acreagemformation provided to Buyer
verified by survey. CAUTION: Buyer should verily Property dlmensions, tolal square lootage. total acreage or allocation of acreage by
by Seller or Seller's agent@) are approximate and. unless a survey has been provided, the Property dtmensions have not been
survey il malerlal to Buyer's declslon to purchase. See llnes 286 to 291. )FENCES1
rzizq
or both 01 lhe propertles is used and occupled lor farmmg or grazing purposes. CAUTION: Consider an agreement addresslng
Wlsconsin Statutessectlon 90 03 requires the owners of adjoining propertles to keep and niamtain legal fences In equal shares where one
responsfblllly lor iences I1 Properly or adlolnlng land Is used and occupied lor larmlng or grazing purposes.
Seller and Buyer each have the legal duty to use good faith and due dlllgence in completlng the terms and conditions 01 thls Offer A
materialfaifuretoperformanyobligattonunderth~sOfferisadefaultwhichmaysub~ectthedefaulttngpartytoliabilityfordamagesorother
legal remedles.
If Buyer defaults, Seller may:
(1) sue for specific performance and request the earnest money as parttal payment of the purchase price: or
(2) terminate the Offer and have the option to' (a) request the earnest money as liquidated damages: or (b) direct Broker to return the
II Seller defaults, Buyer may:
(I) sue for specific performance; or
('2) terminate the Olfer and request the return of the earnest money, sue lor actual damages, or both.
In addition, the Parties may seek any other remedles available In law or equity.
of the courts. If either Party delaults. the Parties may renegotiate the Olter or seek nonjudtcial dlspute resolution instead of the remedles
ThePart~esunderstandthattheavallab~l~ryofanyjudlcialremedywitldependuponthecircumstancesoftllesitualionandthedlscretion
outlined above. By agreeing to blnding arbitration. the Parties may lose the right to lttigate In a court of law those disputes covered by the
arbitratlon agreement.
earnest money and have the option to sue lor actual damages.
NOTE. WISCONSINLICENSELAW PROHIBITS ABROKER 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 to
earnest money cannot be determined by Broker In the absence of a mutual agreement by the Parties. earnest money wlll be
distributed as set forth in lines 133 lo 154.
EARNEST MONEY
"
m HELD BY- Earnest money, il held by a broker. shall be held in the trust account of the broker drafting the Offer prior to acceptance of
Olferand in the trust accounl of the hsting broker [buyer's agent 11 Property is not listed) alter acceptance until applied to purchase prlce or
otherwise dlsbursed as provided in the Offer If negotlations do not result in an accepted offer. the earnest money shall be promptly
disbursed (after clearance from payor's depository institution 11 earnest money IS paid by check) to the person who papd the earnest
money CAUTION: Ii someone other lhan Buyer makes paymenf oi earnest money on behall 01 Buyer, consider a special agreement
DISBURSEMENT.: At closlng, earnest money shall be disbursed according to the closing statement I1 this Offer does not Close. the
regardlng dlsbursement.
earnest money shall be disbursed accordlng to a written dtsbursemenl agreement signed by all Parties to thls Offer. If said dsbursement
agreement has not been delivered to broker wltllin 60 days after Ihe dale set for closrng, broker may disburse the earnest money' (1) as
d~rectedbyanattorneywhohasrev~rwedthetransaclionanddoesnotrepresentBuyerorSeller. (2)intoacourthearingalawsuitinvolving
the earnest money and all Parties to ths Offer, (3) as dlrected by courl order: or (4) any other dlsbursement required or allowed by law,
Brokermayretainlegalserv,cestodirectdisbursementper(t)ortoftlean~nterpleaderactlonper(2)and,insuchevent,brokermaydeduct
from the earnesl money any costs and reasonable attorneys fees, no1 to exceed $250. prlor to dlsbursement Should persons other than
LEGAL RIGHTS/ACTION Broker'sdisbursementofearnestn~oneydoesnotdeter~nlnethelegalri~htsotthePart~es~nrelationtothis
broker hold earnest money, an escrow agreement should be drafted by the Parties or an attorney for Buyer or Seller.
Offer Atleast30dayspriortodisbursementper(l)or(4),brokershallsendBuyerandSellernoticeolthedisbursementbycertiliedmait.I1
Buyeror Seller disagree with broker'sproposed disbursement, a lawsuit may be liled to oblain a court order regarding dlsbursement. Small
certain other earnest money disputes. The Buyer and Seller should consider consulting attorneys regardlng thelr legal rights under this
Clalms Court has jurisdiction over all earnest money dlsputes arising out of the sale of residentdat property with 1-4 dwelling units and
Offer in case of a dlspute.
Both Parties agree to hold the broker harmless from any liability for good faith disbursement of earnest money In accordance with this
Offer or applicable Department 01 Regulation and Licensing regulations concerning earnest money. (WIS Administratlve Code RL 18.)
J
~
249 PROPERTY DESCRIPTION: * atp!!?-Lq%k. f!!s%i@&?n. ..~. ~~~~ ~ ~ .- page 4 01 4 - VACAIdT LAND
250 ' OPTIONAL PROVISIONS THE PROVISIONS ON LINES 252 THROUGH 306 ARE A PART OF THIS OFFER IF MARKED,
251
252 0 FINANCING CONTINGENCY: This Ollerisconlingerrl upon Buyer bemgablefoobta!n. wifhin days olacceplance olrhis Ofler,
" (lrxed) (adjusfahle) ISTRIKE ONE I rale lrrsl morfgage loan conrmifmonf. in an amounf 01 1101 less fhan lor a term 01
no, less than years, amorlized over nor less fhan __ years, 11 the purchase price under lhls Oller Is modilied, Ihe loan amOUnf.
257 paymenls shall he adjusled as necessary to nrainlniir (Ire terrn and atnorlualton slaled above
unless ofherwise provided. shall be adjusled 10 the sanre percentage 01 fhe purchase price as irl fhrs conringency and the monlhly
258 IF FlNANClNG.IS FIXED RATEfheannuafrafeolinreresfshallnof exceed ~l~a,~dmor~tl~lypayrnenfsolprincipalandinferesfshall
259 no1 exceed$
260 IF FINANCING IS ADJUSTABLE RATE fhe iniriaf annual inferesr rate shall nof exceed __ % The Initial inleresl rate shall be fixed
261 lor n,onlhs. a1 which lime the inleresl rafe may be increased nof more lhan ". Yo per year. The maximum Interest rare druing
I _-
SUCH AS WITH AN "X"~ THEY ARE NOT PART OF THIS OFFER IF MARKED NIA OR ARE LEFT BLANK.
I
253 a ~ - ~ ~STATE LOAN PROGRAM AND STATE If CONSTRUCTION LOAN] !B
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See line 88.
0 Writfen evidence af (Buyer's) (Sellers) (STRIKE ONE] expense lrom a cerrrlied soils fester or ofher qualilied experl fhal
indicaleslhallheProperfy'ssoifsallocalionssefecledbyBuyerandaltotherco~rditionswhichmuslbeapprovedloohfainapermif
lor a prrvafe convenfjonal septic sysfenl lor:
A conventional sysfem (does) (does nof) [STRIKE ONE1 include alternafe privafe systems such as mound syslems or rrr-ground
linsertproposed use OlProperiy; e.g., lhree bedroom smgle lanllly home] meef applrcable codes in ellecf as of fhe date 01 /his Oller.
pressure dlslribution sysfems for Ihe purposes 01 lhis contingency. A convenfional system does nof include a holdlng rank, privy.
composting roilel or chemical foilet.
0 Copiesaf (Buyers) (SellerSJ [STRIKE ONE I expenseolallpublicandprivareeasenlenls. covenanfsandreslriclions allecfing
lhe Properly and a wriften deferminarion by a qualilied independent thirdparly. a1 BL,yers expense, thar none ol these prohtbil or
signd!canfly delay or increase the costs ol the proposed use or developmenr identilied af lines 268 lo 269.
such PermirS. approvals and licenses a1 (Buyer's) (Seller's) [STRIKE ONE 1 expense 108. lhe lollowing ifems related 10 fhe proposed
0 Permils. approvalsandticenses. as appropriafe. or fhe linaldiscrefionary acfion by the granting aufhorify prior lo lhe issuance 01
0 A map 01 /he Properly at (Buyer's) (Seller's) [STRIKE ONE] experrse 01 the lollowrng fypc:
0 a boundary map; rnorlgage inspeclion map; survey map [CHECK ONE BOX TO DESIGNATE MAP TYPE I
See lines 218 Io 226 lor delinitions 01 each map lype. I1 this paragraph is checked buf more lhan one lype or no lype is SeleCled. a
boundary map is deemed selecled. CAUTION: Conslder cosland the needlorfhe leaiures ollhe varlous map lypes before maklng
prror represe,llalions 10 Buyer or whlch would render fhe proposed developmant impossible or signllicanfly Increase 11s cosl.
a selection. The map 01 lhe Properly shall show no significant encroachmenls or any intormalron malerially monSisIerJ1 wilh !he
0 Wrrtrenevfdenceal(BuyerS)(Seller's) [s] expenselhafihelollow~ngul~l~lyconntcl~onsarelocaladasfollowsle.y.On
the Properly. at fhe /of line. across fhe sfreet. efc.): elecfricily ~~~. -~ , gas-.^ ~ ~ -.-:
~~ ~ ~-
mlrnicipalsewer municipal waler.-~ lefephone__-._-
296 Thls conllngency ahall be deemed sallslled unless Buyer wllhln days of accepiance dellvers wrlnen nollco lo Seller speclfylng
olher----~-~-.____~~ ~- [STRIKE AND COMPLETE AS APPLICABLE].
297 those Items 01 lhls conilngency whlch cannot be sallslled and wrlffan evidence subsianllatlng why each speclllc Item Included In Buyer's
298 nollce cennol be sailsfled.
299 0 fNSPECTlON CONTINGENCY: This Oller IS conlingen1 upon a qualrlied rr~specfor(s) conductrng an inspeclion(s), ill Buyer's
300 expense. ol the Properly and ~~~...~ -. which discloses
301 11odelectsasdelrnedbelow. Th~sconlinyencyshallbedeeme~safisliedunlcssBuyerwilhin.~~_ day~ofacceplancedeliversloSellera
302 copy 01 the inspecfor's wrrffefr inspeclion reporl anda written nolzelrsfing (he delecfs rdenfrlredrn lhe reporf 10 which Buyer objects. For
303 the purposes of this confingency a delecl is delinedas any condilion ollhe Properly which conslilules a sigmlrcanl threat ro (he health or
304 salelyolpersons whooccupyormakeuseolitor~iveserrdenceofanymaferraluse,storageordisposalolhazardousorfoxicsubsfances
30" on lhe properly.
OTHER: The arlached .dwk ~ &re made par1 01 lhrs Oller.
3FGCCEPTEO. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTHACT, BOTH PARTIES SHOULO CAREFULLY READ THIS
308 DOCUMENT, BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS OF 1tIE OFFER BUT ARE PROHlElTEO BY LAW
310 AN ATTORNEY SHOULO BE CONSULTED IF LEGAL ADVICE IS NEEDED
309 FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNOER THIS OFFER on HOW TITLE SHOULD nE TAKEN AT CLOSING.
313 (XI -%L..--- David.~~_ .~~~.~~~~~~~~.. . ~ 314 10uyer'~ S~gnalurelA Prlnl Name here:, I WYOr-~~"" xxmmmww ID# (Dde)
39-6006023
' 315 (XI ~
i 317 EARNEST MONEY RECEIPT Broker acknowledge; receipt 01 earnest money as per line IO 01 the above Ofler,
316 x (0uyer'sS~gnalwe)A Print Name here:. J€ZUI E;. kU33ldd, ClGk ~ ~~ .. ~~ ~
#
1- iua1e1
~ Broker (By) __~~..__
SELLER'ACCEPTS THIS OFFER. THE WARRANTIES. REPRESENTAtlONS AND COVENANTS MADE IN THIS OFFER SURVIVE CLOSING AND
3 THE CONVEYANCE OF THE PROPERTY, THE UNOERSIGNEO HEREBY AGREES TO CONVEY THE ABOVE-MENTIONED PROPERTY OH THE
321 TERMS AN0 CONOlTlONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
322 (11
_____
, 323 (Sellel's SignalurelA Pri"! Name here:, WteK WChdak 1SocNal Secur~ly NO.) (Dale)
1 324 1x1 "_ 325 (Seller's Signature11 Pml Nahqhere., Hudrey &&d& (Socml Securnly No I iDale)
326 This Offer was presented to Seller by ~ on 19 ___. a1 __ a.m./p.m.
.'77 ?dl5 OFFER IS REJECTED- __ THIS OFFER IS COUNTERED [See attached counter] ~- - . . . . - .
155
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Buyer
I "" FORM OF TITLE EVIDENCE/SW)exshalt give evldence 01 litle (as selected at lines 65 10 66) to !he Property in the form Of"
insurance in Ihe amount of the purchase vrice
an owner's pol~cy of l~tlc . PRoVlsloN OF MERCHANTABLE T~TLE.$EE?
tssued by an insurer licensed to write title insurance In Wisconsin.
shall be acceptable 11 the abstract or a commitment for the requrred litle insorance 1s delwered lo Buyer's atlorney or to Buyer not less than 3
shall pay all cos15 of providing title evtdence. FOI purposes 01 closlng, title evldencc
business days before closing. showlng tllle to the Property as 01 a dale no more than 15 days betore dellvery 01 such tllle evidence 10 bc
merchantable. subject only to liens which will be paid out of the proceeds of closlng and standard abstracl certiflcate IlmitallOnS Or
I TITLE ACCEPTABLE FOR CLOSING: Ifti~leisnolacceplablelorclosing.BuyershaltnotifySeflerinwrit~ngofob~eclronstotillebylhe
slandard tille insurance requirements and exceplions, as appropriate.
timesetforclos~ng.lnsuche~~ent.Sellershallhaveareasonablefime.butnolexceeding15days,loremovelheobjeclions,andlhe~imefO~
closmgshallbeextendedasnecessaryfo~ thisp~~rpose.lntheeventlhatSeller1s~~nabletoremovesaidobjectlons.~UyerSh~flfl~Ve5U~yS
Buyer does 1101 waive the objectlons. this Offer shall be null and void. Providing title evidence acceptable lor closing does not extinguish
lrom receipt of notlce thereof. to delwer wrillen nolice watving the objections, and the time for closing shall be extended accordingly. I1
Seller's obligations to give merchantable title lo Buyer
~ " ~~. .. LENTIRE CONTRACT
Thi~Olfer,~ri~l~d~n_g_any am_e~d~~!s..~~nlalns~he.en~~eagreemenl ofLLhe.Plrties regarding.!he.tra,,sactron-Alt prlor:negotla:ionr. and -
dtscussions have been merged anto 1111s Oller This agreement binds and Inures to the benefit 01 the Parties to lhis Offer and their
successors In interest
pFfiKkp)
m ACCEPTANCE: Acceptance occurs when all Buyers and Sellers have signed the Oller, See hies 35 and 36 regarding binding
acceptance. CAUTION: CONSIDER WHETHER SHORT TERM DEADLINES RUNNING FROM ACCEPTANCE PROVIDEADEQUATE
s CONDITIONS AFFECTING THE PROPERTY-QR-TRANSACTUoNI A "condition aflectlng the PIoperty or transactlon' is defined as
TIME FORBKH BINDING ACCEPTANCE AND PERFORMANCE.
follows:
(a) Planned or coniinznced publlc improvements which may result in special assessnlents or otherwise rnalerially affect the Property or
(b) Governmenl agency or court order requirrng repajr, alteration or correction of any exlstmg condltion.
(c) Completed or pending reassessment of the Property lor property tax purposes;
(d) Any land dlwsion involving the Property, for which required stale or local approvals were not obtained;
(e) Any portion olthe Property being in a 100 year floodplain. a wetland or shoreland zonlng area under local. state or federal regulations;
(I) Any portion of the Property being subject to, or in violallon of, a Farmland Preservafion Agreement undera County Farmland Preservatlon
(9) Boundarydisputesormaterialviotationo1tencelaws~Wis.Stats Chaptergo) whichrequiretheerectionandmaintenanceollegalfences
Plan or enrolled in. or in vlolalion 01. a Forest Crop, Woodland Tax, Managed Forest, Conservation Reserve or comparable program:
betweenadjoiningpropertieswhereoneorbothollhepropen~esisusedandoccupiedforfarmingorgraz~ngpurposes: Seelines 107 to 110
(I) Condltions conslltuting a significant health or safety hazard for occupanls of Property;
(h) Material violations of environmental rules or other rules or agreements regulating the use 01 the Properly,
(j) UndergroundstoragetanksonthePropertylorstorageofflammableorcombusl~bleliquidsinclud~ngbutnotl~miledtogasotineand
healing01l:NOTE: WlrconslnAdmlnlsfallveCode.ChapferlLHR 10confalnsreg/slratlonandopeatlonrul8slorsuchunderground
(h) Undergroundstoragelankslorstorageolflammableorcombusl~blel~q~~~dsinctud~ngbutnollimitedtogasol~neandheat~ngo~l.which
storage tanks.
were previously located on the Properly.
(I) Hlgn voltage eleclrlc (100 KV or grealer) or steel nalural gas transnlission lines located on but no1 directly servlng the Property,
(m) Wells on the Properly requlred to be abondoned (WE Adm. Code NR 112.26) but which are not abandoned according to state
(n) Cisterns or septic tanks on the Property which are currenlly not servrcrng Ihe Property:
(0) Subsoilcondilions which would signiflcantty increase thecost01 thedevelopment proposed at lines268to269, if any. including,
currently contain loxic or hazardous materials. high groundwater. soil conditions (e g. low load bearmg capacity) or excessive
bul not llmited to. subsurface foundations. organlc or non-organic fill. dumpsites or conlainers on Property which conlarned or
rocks or rock lormations on the Property:
Ihe present use 01 the Property.
regulations;
(p) A lack 01 legal vehlcular access to the Properly from public roads.
(r) Otherconditionsoroccurrenceswhichwouldsign1licantlyincreasethecostofthedevetopmentproposedatlines268 to 269 or reduce the
(q) Prior relmbursement for Correclive action costs under the Agricultural Chemical Cleanup Program; (Wis. Slats. $94.73.)
valueoftheProper~ytoareasonablepersonwithknowledgeolthenatureandscopeoflhecondilionoroccurrence See tines 19 to 23.
I DX: Deadlinesexpressed asa specilic numberof"days"from theoccurrenceol an event. such as acceplance, arecalculated by
excluding the day the event occurred The deadline then expires al midnight on the last day. Deadlines expressed as a specific
number ol"business days"exclude Saturdays. Sundaysanaany legal public holiday under Wisconsin or Federal law, or other holiday
designated by the President such that the postal service does not receive registered mail or make regular deliverles on that day.
F!XTURES: A 'Fixture"~sanitemolpropertywh~ch~sphysicatlyallachedtoorsocloselyasSocialedwithlandaslobetreatedasparl
Deadlinesexpressedasaspecificdayoflhecalendaryearorasthedayofaspecificevent,suchasclosing,expireatmidnighlofthatday.
of the real estate. including, without Itmltation, physically attached items not easlly removable wlthoul damage to Ihe properly. itemS
specif~callyadaptedtotheproperty,anditemscuslomaritytreatedasf~xluresincludingbutnollim~tedloall~perenn~alcrops:gardenbulbs:
plants;shrubs;treesandfences. CAUTION: ANNUALCROPSARENOTINCLUOEDIN THEPURCHASEPRlCEUNLESSOTHERWlSEAGREEOATLlNES 1310 18.
MAP OF THE PROPERTY. See lines 286 to 291.
I BOUNDARY MAP: AmapotthePropertypreparedbyalicensedtandsurveyorwhichidentifieSthelegaldescriplionandboundaries
I MORTGAGEEPECTION MAP: A rnapof the Property prepared bya licensed landsurveyorwhichidentifiesthelegal description
of the properly. A "boundary map" also includes the staking 01 all corners of Ihe Property by the surveyor
SURVEY MAP: A map of the Property prepared by a licensed land surveyor, daled no more than six months prior lo the scheduled
of the Properly. Ihe boundaries of the Properly and the location 01 improvements.
closing date, containing the ALTA cerlification and showing: complete legal descripllon of the Property: dedlcated and apparent
encroachments upon the Property.
streets; boundaries; lot dimensions: acreage or square footage; existing improvements; easements and rlghts-of-way and visible
TIME IS OF " THE ESSENCE: If"TimeisotlheEssence"appliestoadateordeadline,failuretoperlormbytheexactdateordeadline
is a breach of contract. II "Time is 01 the Essence" does not apply to a date or deadline, then perlormance wllhln a reasonable limeof
the date or deadline 15 allowed belore a breach occurs. See lines 25 IO 27
[ PROVISIONS RELATED TO FINANCING 1
I LOAN COMMITMENT: If lhis Offer IS contingent on financlng, Buyer agrees to pay all customary flnancing costs (Including closlng
f~nancingorolherfinancingacceplabletoBuyer,BuyeragreestodellvertoSeller.orSeller'sagenl,acopyofthewri~tenloancommltment
fees), to promptly apply for financing and 10 promptly provide evidence 01 appllcatlon upon request of Seller I1 Buyer qualllies for said
no later than the deadline for loan commilmenl under the Financing Contingency. If Buyer does not mahe tlmely delivery of said
commitment. Seller may terminate this Offer 11 Seller delivers a wrillen nolice of termination to Buyer prior to Seller's actual recelpl of
I FINANCING gNAVAILABILITY: It this Oller is contingent on flnancing and financing is not available on the terms stated. Buyer shall
a copy of Buyer's wrllten loan commitment.
prompltydel~verwritlennolicetoSellerolsameincludlngcopiesof tender(s)'rejeclionletter(s)orotherevidenceolunavaitab~lity UnleSS
deciston to frnance lhis transaclion on the same terms set forth herein, and thls Offer shall remain full lorce and effect. wllh the lime lor
a specilic loan source is named in the financdng contlngency. Seller shall lhen have 5 days Io give Buyer wrtlten nottce 01 Seller's
closing extended accordingly. If Seller's notlce is not timely given, this Offer shall be null and void.
I LAND CONTRACT: If lhis Oller provides for a land contracl. prior Io execution of Ihe land contract Seller shalt provlde the same
evidence of merchanlable tltle as required above and wrllten proof, at or before execution. that lhe total underlying indebtedness. If any
IS not In excess 01 the proposed balance of the land conlract. tllat Ihe payments on the land conlracl are Sulflcienl to meet all 01 thc
obllgadiolrs 01 Seller on the underlying Indebtedness. and that all creditors whose consent is requlred have considered to the Ian(
covtract sale. II individual parcels 01 the Property are being released on paydown on the land Contract. Ihe terms and condlllons 0 - '4 I_ n-8 in tho lami rnnlract
e Beina that Dart of the Northeast ?4 of the Southeast ?4 of Section
25, Town 5 korth, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, described as follows:
The Westerly 20 feet of said Grantor's lands, as described in
Reel 1502, Image 281, being a strip of land 20 feet wide, lying
easterly of, adjacent to, and parallel with the Easterly line of
U.S H "45" as delineated on state project No. N.R.S. 522A.
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTES §32.05(2a)
Admitted this day of , 1998.
WALTER MACHULAK
AUDREY MACHULAK
AMOUNT OF COMPENSATION PURSUANT
NOTICE OF RIGHT TO APPEAL THE
TO WISCONSIN STATUTE §32.05 (2a)
Any person named in the Certificate of Compensation, a copy
of which is attached hereto, may within six (6) months after the
date of recording of said Certificate, appeal from the amount of
compensation therein stated in the manner set forth in Wisconsin
Statute 32.0519) to (131 for appeals from an award under
Wisconsin Statute §32.05(7) For purposes of any such appeal,
the amount of compensation stated in the Certificate shall be
treated as the award and the date the conveyance is recorded
shall be treated as the date of taking and the date of
evaluation
Dated this day of , 1998
CITY OF MUSKEG0
David L De Angelis, Mayor
ATTEST
Jean K Marenda, Clerk
II CERTIFICATE OF COMPENSATION
Document No 11
this document shall be recorded with the
Pursuant to Wisconsin Statute §32 05(2a),
Waukesha County Register of Deeds, Waukesha,
Wisconsin
permanent easement in the property described
That the City of Muskego has acquired a
below pursuant to §32 05 of the Wisconsin
Statutes
an interest of record in the property
1 The identity of all persons having
immediately prior to its conveyance is as
follows
Walter Machulak and
Audrey Machulak, his wife
2 The legal description of the property
in which a permanent easement was acquired Tax Key No :
is described as foilows: Part of MSKC 2259 981
Return To:
City of Muskego
P 0. Box 749
Muskego, WI 53150
Being that part of the Northeast % of the Southeast ?4 of Section
25, Town 5 North, Range 20 East, City of Muskego, Waukesha
The Westerly 20 feet of said Grantor's lands, as described in
County, Wisconsin, described as follows
Reel 1502, Image 281, being a strip of land 20 feet wide, lying
easterly of, adjacent to, and parallel with the Easterly line of
U S.H "45" as delineated on state project No N.R.S 522A.
3. The matter of the interest acquired and the compensation for
such acquisition is as follows:
The matter of the interest acquired is a permanent easement
The amount of compensation is $ 0.00
for sanitary sewer improvements.
Dated this day of , 1998.
CITY OF MUSKEG0
ATTEST
David L De Angelis, Mayor
CITY SEAL
Jean K Marenda, Clerk
This Instrument Was Drafted By
Attorney Donald S. Molter, Jr
Arenz, Molter, Macy & Riffle, S C
720 N East Avenue, P 0 Box 1348
Waukesha, Wisconsin 53187.1348
AMOUNT OF COMPENSATION PURSUANT
WAIVER OF APPEAL RIGHTS AS TO
TO WISCONSIN STATUTE 532 05
For valuable consideration, hereby acknowledged by the
undersigned, we hereby waive any and all rights that we may have
to appeal the award of compensation made under Wisconsin Statute
532.05
Dated this day of , 1998.
~ ~
WALTER MACHULAK
AUDREY MACHULAK
WAIVER OF APPRAISAL. RECOMMENDATION & APPROVAL
NOMINAL PAYMENT OR NO PAYMENT PARCEL
Owner: Walter Machulak and Audrey Machulak, his wife
Acquisition of: See Attached Legal Description
Interest Acquired: Permanent easement for sanitary sewer
improvements.
The undersigned owners of land designated as in the attached
legal description, containing approximately acres, agrees
to accept settlement in the amount of Zero
($ 0.00 ) Dollars as full payment for the easement stated,
subject to the approval of the City of Muskego.
The undersigned owners having been fully informed of the
right to have the property appraised, and to receive just
compensation based upon an appraisal, have decided to waive the
right to an appraisal.
, The undersigned owners further state that the decision to
walve such right to an appraisal was made without undue influence
or coercive action of any nature.
It is intended that the instrument of conveyance will be
executed upon presentation by the City of Muskego, agents or
representatives.
Dated this day of , 1998.
WALTER MACHULAK
AUDREY MACHULAK
Being that part of the Northeast % of the Southeast % of Section
25, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, described as follows
The Westerly 20 feet of said Grantor's lands, as described in
Reel 1502, Image 281, being a strip of land 20 feet wide, lying
easterly of, adjacent to, and parallel with the Easterly Line of
U.S H. "45" as delineated on state project No N.R.S 522A.
11 EASEMENT
0 Document No.
THIS INDENTURE, made this day of
MACHULAK AND AUDREY MACHULAK. husband and
, 1998, by and between WALTER
wife, hereinafter referred to as party of
the first part, and CITY OF MUSKEGO, located
referred to as party of the second part.
in Waukesha County, Wisconsin, hereinafter
WITNESSETH:
WALTER MACHULAK & AUDREY MACHULAK, owns a
parcel of real estate located in the City of
Return To:
Muskego and described as follows City of Muskego
WHEREAS, the party of the first part, L P.O. Box 749
All that part of the Northeast $i of Muskego, WI 53150
North, Range 20 East, in the City of
the Southeast % of Section 25, Town 5
Tax Key No.:
Muskego, County of Waukesha, State of Part of MSKC 2259.981
Wisconsin, described as follows:
Beginning at the Quarter post on the East side of said Section
25, and then running South on the Section line 13 chains and 30
links; thence West 82 links to the center of Highway; thence
North 30 %" West 13 chains and 38 links; thence North 7O West 1
chain and 58 links; thence North 88 H" East 7 chains and 74 links
to the place of beginning.
EXCEPTING THEREFROM those parts thereof described in Deeds
recorded as Document No. 195622 and 204080.
WHEREAS, party of the second part has requested from the party of
0
the first part a permanent easement for sanitary sewer improvements
including construction, repair, maintenance and reconstruction of the
sanitary sewer improvements.
NOW, THEREFORE, party of the first part, in consideration of the
sum of ONE DOLLAR and other good and valuable consideration, the
receipt whereof is hereby acknowledged and confessed, do grant and
convey unto the party of the second part, a permanent easement for
maintenance and reconstruction of the sanitary sewer improvements in
sanitary sewer improvements including construction, repair,
the City of Muskego, Waukesha County, Wisconsin, on, over and in the
following described real estate:
Being that part of the Northeast $i of the Southeast $i of Section
25, Town 5 North, Range 20 East, City of Muskego, Waukesha
The Westerly 20 feet of said Grantor's lands, as described in
County, Wisconsin, described as follows
Reel 1502, Image 281, being a strip of land 20 feet wide, lying
easterly of, adjacent to, and parallel with the Easterly line of
U S H "45" as delineated on state project No. N R.S 522A 0
USE OF LAND
0 Party of the first part consents to the entry of the employees,
workmen, agents or independent contractors of party of the second part
for and incidental to the construction, repair, maintenance and
reconstruction of said sanitary sewer improvements, but reserve to
themselves the right to make such use of land included in said
easement, subject to the ordinances of the City of Muskego, the
regulations of the party of the second part, and the statutes of the
State of Wisconsin as will not disturb or interfere with such sanitary
sewer improvement or prevent ingress, or egress, thereto for the
purpose of construction, repair, maintenance and reconstruction
thereof
The parties expressly acknowledge that the party of the second
part may allow others not parties to this easement to use the easement
for the purposes indicated above.
part, shall be binding upon and inure to the benefit of the parties
hereto, their respective heirs, successors and assigns.
THIS INDENTURE, upon its acceptance by the party of the first
IN WITNESS WHEREOF, party of the first part has executed this
indenture the day and year first above written.
THIS IS NOT HOMESTEAD PROPERTY.
WALTER MACHULAK
AUDREY MACHULAK
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this day of , 1998,
the above named WALTER MACHULAK & AUDREY MACHULAK to me known to be
the persons who executed the foregoing instrument and acknowledged the
same.
~ ~~~~~ ~~ ~ ~ ~~ ~
NOTARY PUBLIC, STATE OF WI
My commission expires:
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N East Avenue, P 0 Box 1348
0 Waukesha, Wisconsin 53187-1348
-2-
12/83/1928 11:49 4145489211 ARENZ MOLTER MACY PAGE 02
INDEMNIFICATION AND INBURANCE
Except as provided below, the Company agrees to defend and
save harmless the City, its officers, agents and employees
against all claims, demands, payments, suits, actions, recovery,
and judgments of every kind and description for personal injury
or property damage brought or recovered against it by reason of
any negligent action or omission of the Company, its agents, or
employees and with respect to the degree to which the City is
free from negligence on the part of itself, its employees and
agents.
The Company agrees to indemnify and save harmless the City,
its officers, agents and employees against all payments, recovery
and judgments of every kind and description arising out of any
valuation dispute, recovered against it, whether based in
contract, negligence or otherwise, which arise from the sole
negligence of the Company.
The City agrees to indemnify and save harmlese the Company,
its officers, agents and employees against all payments, recovery
and judgments of every kind and description arising out of any
valuation dispute, recovered against it, whether based in
contract, negligence or otherwise, which arise from the sole
negligence of the City. In all other actions arising out of
valuation disputes, neither party shall indemnify the other.
Neither party shall be liable to the other for
consequential, indirect or incidental damages, including, but not
limited to, loss of tax revenue or claims related to valuation of
property, whether based in contract, negligence, strict liability
or otherwise. Notwithstanding this paragraph, both parties shall
be liable to the other for breach of the terms of this Agreement.
The Company will carry Public Liability Insurance in the
amount of $~,OOO,OOO including protection for bodily injury and
property damage with a combined single limit of $1,000,000 and
$500,000 for each occurrence.
The Company will also maintain Automobile Liability
Insurance providing limits of $1,000,000 per occurrence, and the
Company will provide Workers’ Compensation Insurance. The
Workers’ Compensation Insurance will provide coverage under the
Compensation Act of Wisconsin and shall provide employer’e
liability insurance in the amount of $100,000.
CITY OF MUSKEG0 ASSESSOR’S OFFICE
W182 S8200 RACINE AVEhWE - P.O. BOX 749
MUSKEGO, WISCONSIN 53150-0749
TELEPHONE 679-4143 FAX NUhfBER 679-5670
MEMORANDUM
DATE: November 19. 1998
TO: Mayor & Aldermen
FROM: Laura Mecha. Assessor
RE: CLT Contract (Day & Zimmermann) for 1998 through 2000
This CLT contract was deferred fiom the November 18* Finance Committee meeting. Please
bring your copies of the contract to the Finance Committee meeting.
CLT has been contracted by the Assessor’s office for the past six years in conjunction with
annual maintenance support services. The contract language for the next two years has been
the standard form with the following exceptions:
1. Board of Review meeting attendance was not spelled out in this contract. Contract is
currently being revised to state 3 days of Board of Review meetings.
2. Indemnification language will be checked by Attorney Molter. He is currently on
vacation but did receive a copy of the contract prior to his leaving. Just glancing at the
format he did not foresee a problem.
3. Assignment of contract in the event of sale will be investigated by Attorney Molter.
4. Money ($5,000) that was budgeted this year to start this contract will not be spent. I will
have to petition Finance Committee in 1999 for an additional $5,000 to keep this contract
in force during 1999. Balance of dollars will be budgeted during the 2000 budget session.
5. Verbiage corrections are: Page 1 should referred to Article 4. Page 3 does not designate
completion date for each year. Address corrections for City Hall are on page 12.
I would appreciate an approval of Resolution #228-98 Tuesday, November 24’, pending the
addressing of the above issues. Call me with your questions, 679-4143. Thanks.
kfr fly d
Cole Layer aTrumble Company $5 A ++,,<ATA
I @ ducer of Landisc” Systems
Bruce F. Nagel
President
November 12, 1998
Ms. Laura L. Mecha
City Assessor
W182 S8200 Racine Avenue
Muskego, WI 53150-0903
Deer Ms. Mechs:
I would like to advise you of important and exciting news concerning the Company. I apologize
for not making this a more personal letter, but I wanted to get this information to you and our
other valued clients immediately.
You are probably aware that CLT is part ofDay & Zimmermann, Inc., a billion dollar, privately-
held corporation based in Philadelphia. Over the years, D&Z has been approached several times
by companies expressing an interest in acquiring CLT llntil recently, D&Z has always declined
to consider these offers. Recently, however, in an effort to focus more of its resources on certain
core businesses, D&Z has for the first time decided to explore the possibility of selling C1.T
While we at CI,T have enjoyed being part of the D&Z family, we 3re positive about this
potential change. We believe that new ownership will enable us to better focus on our local
government marketplace, assuring our clients that we will continue to provide quality mass
appraisal and property tax related software and services well into the next century
Should CLT be sold, I have signed on to stay with CLT and lead the Company under new
ownership. The rest of CLT’s management team have indicated they will do the same. We are
excited about the growth that we have been able to achieve over the years, and we are committed
to continuing the tradition of customer service that has created that growth.
I will keep you posted as events unfold and thank you for your continuing trust and support
Sincerely,
Bruce F. Nagel
.PresidentCEO
BFN:das
3199 Klepinger Road
Dayton, Ohio 45406
9371276-5261 http://www.cltco.corn
DRAFT
Cole.Layer.Trumble Company
Articles of Agreement
for
Annual Maintenance Support Services
for the
City of Musltego, Wisconsin