CCR2001069AMENDED
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #69-2001
OFFER TO PURCHASE
Community Center
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
authorize the execution of the attached Offer to Purchase, as amended, for property
designated for a future community center
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, as amended, and necessary closing documents, in the
name of the City and to extend the acceptance andlor closing dates, if necessary.
DATED THIS 27th DAY OF MARCH ,2001
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #69-2001 which was
adopted by the Common Council of the City of Muskego.
yon Bnesen, Punell B Roper, S.C.
7-1-99 (Opl~onal Use Date)
1-1-00 (Mandatory Use Date)
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VACANT LAND OFFER TO PURCHASE I Page 1 01 5
1- 511 6101
Z~€KRK~The Buyer. City of Muskego
3 offers to purchase the Properly known as [Street Address] Described on Addendum A
5 Wisconsin, (Insert additional description. if any. at lines 179 - 187 or attach as an addendum, line 188). on the following terms:
6 PURCHASE PRICE: $12,500.00 per acre, multiplied by acreage of the Property. as determined in the survey being obtained by
7 Buyer (5355,500.00) w +
04
in the City of Muskeqo , County of Waukesha
8- p
9- 7.
10 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless othewise provided below.
11 ADDITIONAL iTEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer, free and clear of
12encumbrances. all fixlures. as defined at lines 15 - 18 and as may be on the Properly on the date of this Offer, unless excluded at line 14.
13and the following additional items: None
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15A "Fixture" is defined as an item of property which is physically attached to or so closely associated with land so as to be treated as part
16of Ihe real estate, including, without limitation. physically attached items not easily removable without damage to the Property. items
17 specifically adapted to the Property. and items customarily treated as fixtures including but not limited to all: perennial crops: garden
18bulbs; plants; shrubs and trees. CAUTION: Annual crops are not included in the purchase price unless otherwise agreed at line 13.
19 =-
20 Acceptance occurs when all Buyers and Sellers have signed an identical copy of the Offer, including signatures on
21 separate but identical copies of the Offer. CAUTION Deadlines in the Offer are commonly calculated from acceptance. Consider
22 whether shod term deadlines running from acceptance provide adequate time for binding acceptance and performance.
23 This Offer is binding upon both Parlies only if a copy of the accepted Offer is delivered to Buyer on or
24 before May 25, 2001 CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
25fi Unless otherwise stated in this Offer, delivery of documents and written notices
27 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged to an account with
28 a commercial delivery sewice, addressed either to the Party. or to the Party's recipient for delivery designated at lines 30 or 32 (if any),
29 for delivery to the Party's delivery address at lines 31 or 33.
30 Seller's recipient for delivery (optional): Alan Marcuvitz. Esq.
31 Seller's delivery address: 700 North Water Street. Suite 1500, Milwaukee, WI 532024273
32 Buyer's recipient for delivery (optional): Office of the Mayor
34 (2) By giving the document OT men notice personally to the Party or the Paws recipient for delnely if an indivdual is designated at lines 30 or 32.
33 Buyer's delivery address: W182 58200 Racine Avenue, Box 749, Muskego, WI 53150-0749
35 (3) By fax transmission of the document or written notice to the following telephone number:
36 Buyer: ( 262 ) 679-5630 Seller: ( 414 ) 276-5800
37- Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in this Offer (lines
38 179 - 187 or in an addendum per line 188). Occupancy shall be given subject to tenants rights, if any. Caution: Consider an agreement
39 which addresses responsibility for clearing the Property of personal property and debris, if applicable.
40"X+
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43 This transaction is to be closed at the place designated by Buyets mortgagee or Buyer no later than 60 days
44 after acceptance
45 The following items shall be prorated at closing:
46 property owner's association assessments, fuel and all similar charges
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48 Net general real estate taxes shall be prorated based on (the net general real estate taxes for the current year, if known, otherwise on
Any income. taxes or expenses shall accrue to Seller, and be prorated through the day prior to closing.
50 _______ ~ ~ ), tItASAPPClCABCq
51 CAUTION: If proration on the bask of net general real estate taxes is not acceptable (for example, completetYpending
52 reassessment changing mill rate, lonery credits), lnsed estimated annual tax or other formula for proration.
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54 PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice
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I 26 to a Parly shall be effective only when accomplished by one of the methods specified at lines 27 - 36.
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unless another date or place is agreed to in writlng.
, rents, private ..
49 the net general real estate taxes for the preceding year) ( ~ ___
0 I 55 or knowledge of conditions affecting the Property. or transaction (see below) other than those P
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A "condition affecting th;! Property or transaction" is defined as follows:
(a) a
(b) 1
(c) government agency or court order requiring repair, alteration or correction of any existing condition;
(4 V
(e)
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(g) underground or aboveground storage tanks on the Property for storage of flammable or combustible liquids but not limited to
gasoline and heating oil which are currently or which were previously located on the Properly: NOTE: Wis. Adm. Code, Chapter
Comm 10 contains registration and operation rules for such underground storage tanks.
(h) material vlolations of environmental laws or other laws or agreements regulating the use of the Properly:
(1) (i) kservation .. .
(k) boundary dosputes or material violation of fence laws (VAS. Slats. Chapter 90) which require the erection and maintenance of legal
Plan or enrolled in, or in violation of, a Forest Crop, Woodland Tax, Managed Forest Conservation Reserve or comparable program:
(I) wells on the Property required lo be abandoned under state regulations (WE Adm. Code NR 112.26) but which are not abandoned;
fences between adjoining properties where one or both of the properties is used and occupied for farming or grazing purposes;
(m) cisterns or septic tanks on the Property which are currently not servicing the Property:
(n) subsoil conditions which would significantly increase the cost of the development proposed at lines 271 - 272, if any, including, but not limited
to, subsurface foundations, organic or non-organic fill. dumpsites or containers on Property which contained or currently contain toxic or
hazardous materials. high groundvater. soil conditions (e.g. low load bearing capauly) or excessive rocks or rock formations on the Property:
(0) 2: (p) prior reimbursement for corrective action costs under the Agricultural Chemical Cleanup Program; (WIS. Stats. 994.73.)
(4) other conditions or occurrences which would significantly increase the cost of the development proposed at lines 271 to 272 or
PROPERTY DIMENSIONS AND SURVEYS: Buyer acknowledges that any land dimensions, total square footagelacreage figures,
reduce the value of the Property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
or allocations of acreage information. provided to Buyer by Seller or by a broker, may be approximate because of rounding or other
reasons, unless verified by survey or other means. CAUTION: Buyer should verify land dimensions, total square footagdacreage
figures or allocation of acreage information if material to Buyer's decision to purchase.
ISSUES RELATED TO PROPERTY DEVELOPMENT: WARNING: If Buyer contemplates developing Property or a use other than the
current use. there are a variety of issues which should be addressed to ensure the development or new use is feasible. Municipal and zoning
ordinances, recorded building and use restrictions. covenants and easements may prohibit certain improvements or uses and therefore should
be reviewed. Building permits, zoning variances. Architectural Control Committee approvals, estimates for utility hook-up expenses, special
assessments. charges for installation of roads or utilities, environmental audits, subsoil tests, or other development related fees may need
lo be obtained or verified in order to determine the feasibility of development of. or a particular use for, a property. Optional contingencies
which allow Buyer to investigate certain of these issues can be found at lines 271 - 314 and Buyer may add contingencies as needed in
addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be addressed
in these contingencies.
are reasonably necessary to satisfy the contingencies in this Offer. ~
rn INSPECTIONS: Seller agrees to allow Buyets inspectors reasonable access to the Properly upon reasonable notice if the inspections
E Furthermore. Buyer agrees to promptly restore the Property to its original
condition afier Buyer's inspections are completed, unless otherwise agreed in this Offer. An 'inspection' is defined as an observation
of the Property which does fat include testing of the Property.. other than testing for leaking LP gas or natural gas used as a fuel source,
which are hereby authorized.
A "test' is defined as the taklng of samples of materials such as soils, water, air or building materials from the Property and the laboratory
m: Except as otherwise provided, Sellets authorization for inspections does not authorize Buyer to conduct testing of the Property.
or other analysis of these materials. If Buyer requires testing, testing contingencies must be specifically provided for at lines 179 - 187 or
of the test, (e.g., to determine if environmental contamination is present), any limitations on Buyets testing and any other material terms of
in an addendum per line 188. Note: Any contingency authorizing testing should specify the areas of the Property to be tested. the purpose
the contingency (e.g.. Buyefs obligation to return the Property to its original condition). Seller acknowledges that certain inspections or tests
may detect environmental pollution which may be required to be reported to the Wisconsin Department of Natural Resources.
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Ftain legal fences in equal
shares where one or both of the properties is used and occupied for farming or grazing purposes. CAUTION: Consider an agreement
addressing responsibility for fences if Propedy or adjoining land is used and occupied for farming or grazing purposes.
Unless otherwise Stated in this Offer, any signed document transmitted by facsimile machine (fax) shall be treated
an original signature. Personal delivery to, or actual receipt by, any named Buyer or Seller constitutes personal delivery to, or actual receipt
In all manner and respects as an original document and the signature of any Party upon a document transmitted by fax shall be considered
the notice. A Party may not unilaterally reinstate a contingency after a notice of a contingency waiver has been received by the other Party.
by Buyer or Seller. Once received, a notice cannot be withdrawn by the Party delivenng the notice without the consent of the Pafly receiving
The delivery provisions in this Offer may be modified when appropriate (e.g., when mail delivery is not desirable (see lines 25 - 36)).
and any other settlement service providers for the transaction as defined by the Real Estate Senlement Procedures Act (RESPA).
Buyer and Seller authorize the agents of Buyer and Seller to distnbute copies of the Offer to Buyer's lender, appaisen, tltle insurance companies
133 PROPERTY ADDRESS: I Maciolek Limited Partnership Parcels [page 3 of 51
134 'Time is of the Essence' as to: (1) B; (2) binding acceptance; (3) occupancy; (4)
135 date of closing: (5) contingency deadlines and all other dates and deadlines in this Offer except: None
1 36 If "Time is of the Essence'
137 applies lo a dale or deadline. failure lo perform by the exact date or deadline is a breach of contract. If "Time is of the Essence' does ..
138 not apply to a date or deadline, then performance within a reasonable time of the date or deadline is allowed before a breach occurs. a3g Deadlines expressed as a number of 'days' from an event. such as acceptance. are calculated by excludmg
40 the day the event occurred and by counting subsequent calendar days. The deadline expires at midnight on the last day. Deadlines
141 expressed as a specific number of "business days" exclude Saturdays, Sundays, any legal public holiday under Wisconsin or Federal
142 law, and other day designated by the President such that the postal Service does not receive regtstered mail or make regular deliveries
143 on that day. Deadlines expressed as a specific number of "hours" from the occurrence of an event. such as receipt of a notice, are
144 calculated from the exad time of the event. and by counting 24 hours per calendar day. Deadlines expressed as a specific day of the
145 calendar year or as the day of a specific event, such as closing, expire at midnight of that day.
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179 p See Addendum E attached to this Offer
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188 0 P islare made part of this Oner.
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190 CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed @r"6
92 agreements entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use
p) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and
o1 .. 193 restr!ctlonS and covenants. general taxes levied in the year of closing and no others
194
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196 for purposes of this transaction. Seller further agrees to complete and execute the documents necessary to record the conveyances.
Buve<s intended
(provided none of the foregoing prohiblt I- use of the Property). which Constitutes merchantable title
Buyer, ar trs expense, wall obtatn
197 rn FORM OF TITLE EVIDiNCE: 1- evidence of title in the form of an ownets policy of Me insurance in the amount of the
198 purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. CAUTION: IF TITLE
199 EVIDENCE WILL BE GIVEN BY ABSTRACT. STRIKE TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISIONS.
200 rn PROVISION OF MERCHANTABLE TITLE:
201 shall be acceptable if the commitment for the required title insurance is delivered lo Buyer's attorney or Buyer not less than 3 business
. For purposes of closing, title evidence
202 days before closing, showing title to the Property as of a date no more than 15 days before delivery of such title evidence to be
203 merchantable, subjed only to liens which will be paid out of the prcceeds of closing and standard tkk insurance requirements and
204 exceptions. as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDATING THE EFFECTIVE DATE OF THE TITLE
05 COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE
207 TITLE ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall nollty Seller in writing of objections to title by
208 the lime set for closing. In such event. Seller shall have a reasonable time, but not exceeding 15 days, lo remove said objeclions. and
209 the time for closing shall be extended as necessary lor this purpose. In the event that Seller is unable to remove said objections. Buyer
211 accordingly If Buyer does not waive the objections, this Offer shall be null and void. Providing title evidence acceptable for closing does
210 shall have 5 days from receipt of notice thereof. to deliver written notice waiving the objections. and the time for closing shall be extended
212 no1 extingulsh Seller's obligations to give merchantable title to Buyer.
214 paid by Seller no later than closing. All other special assessments shall be paid by Buyer. CAUTION: Consider a special agreement
213 SPECIAL ASSESSMENTS: Special assessments. if any. for work actually commenced or levied prior to date of this Offer shall be
21 5 if area assessments, property owner's association assessments or other expenses are contemplated. 'Other expenses' are one-
216 time charges or ongoing use fees for public improvements (other than those resulting in special assessments) relating to curb. gutter.
217 street, sidewalk, sanitary and stormwater and storm sewer (including all sewer mains and hook-ups and interceptor charges), parks, street
218 lighting and street trees, and impact fees for other public facilities. as defined in Ms. Stat. 5 66.55(1)(c) 8 (0.
219 This Offer. including any amendments le4 contains the entire agreement of the Buyer and Seller regarding the
220 transaction. All prior negotiations and discussions have been mergbd into this Offer. This agreement binds and inures to the benefit of
221 the Parties lo this Offer and their successors in interest. ad menda A B
223 Seller and Buyer each have the legal duty lo use good faith and due diligence in completing the terms and conditions. of this Offer. A
224 material failure to perform any obligation under this Offer is a defautl which may subject the defaulting party to liability for damages or
225 other legal remedies.
226 If Buyer defauns. Seller may:
227 (1) 3
228 (2) terminate the Offer and have the option lo: ~
229
230 If Seller defaults. Buyer may:
231 (1) sue lor specificperformance: or
232 (2) termmate the Offer p, sue for actual damages, or both.
233 In addition, the Parties may seek any other remedies available in law or equity.
Page 4 of 5
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e06 EFFECTIVE DATE OF THE COMMITMENT AND THE DATE THE DEED IS RECORDED.
222 pE!GnJq
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p sue for actual damages.
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The Parties undecstand that the availability of any judicial remedy will depend upon the circumstances of the situation and the
35 discretion of the courts. If either Party defaults. the Parties may renegotiate the Offer or Seek nonjudicial dispute resolution instead of
237 covered by the arbitration agreement.
36 the remedies outlined above. By agreeing lo binding arbitration, the Parties may lose the right to litigate in a court of law those disputes
238 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT BOTH PARTIES SHOULD READ
239 THIS DOCUMENT CAREFULLY BROKERS MAY PROVIDE A GENEWL EXPLANATION OF THE PROVISIONS OF THE OFFER BU?
240 ARE PROHIBITED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR
241 HOW TITLE SHOULD BE TAKEN AT CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
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267
268 PROPERTY ADDRESS: Maciolek Limited Parhership Parcels [page 5 of 51
269 OPTIONAL PROVISIONS: THE PARAGRAPHS AT LINES 271 - 314 WHICH ARE PRECEDED BY A BOX ARE A PART OF THIS OFFER IF
270 MARKED, SUCH AS WlTH AN "x"~ THEY ARE NOT PART OF THIS OFFER IF MARKED NIA OR ARE LEFT BLANK.
272
271 PROPOSED USE CONTINGENCY' Buyer is purchasing the property for the purpose of: constructing a community center
273
This Offer is contingent upon Buyer obtaining the following:
6:: Wrinen evidence at (Buyefs) (Sell&+ expense from a qualified soils expert that the Property is free of any subsoil.
condition which would make the proposed development impossible or significantly increase the costs of such development.
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281 Copies at (Buyek) expense of all public and private easements, covenants and restrictions affecting the
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282 Property and a wrinen determination by a qualied independent third party that none of these prohibit or significantly delay or increase
283 Ihe costs of the proposed use or development identified at lines 271 to 272.
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293 MAP OF THE PROPERTY: This Offer is contingent upon (Buyer obtaining)
294 by a registered land surveyor, within cdays of acceptance, at (Buyer's) +SeIb&j expense. The map shall identify the legal
a map of the Properly prepared
295 description of the Properly. the Property's boundaries and dimensions, visible encroachments upon the Properly, the location of improvements.
296 if any, and: See Addendum B
297 Lt I t AS Am Addtional map features
298 which may be added include, but are not limited to: specifying how Current the map must be; staking of all corners of the Properly; identifying
299 dedicated and apparent streets, lot dimensions, total acreage or square footage, easements or rights-of-way. CAUTION: Consider the cost
300 and the need for map features before selecting them. The map shall show no significant encroachment(s) or any information materially
301 inconsistent with any prior representations to Buyer. This contingency shall be deemed satisfied unless Buyer. within fie days of the earlier
302 of: 1) Buyefs receipt of the map. or 2) the deadline for delivery of said map, delien to Seller. and to listing broker If Property is listed, a copy
03 of the map and a wrinen notice which identifies the significant encroachment or the information materially inconsistent with prior representations.
304 INSPECTION CONTINGENCY: This Offer is contingent upon a qualified independent inspector(s) conducting an inspection(s). at
305 Buyers expense, of the Property and
306 which discloses no defects as defined below. This contingency shall be deemed satisfied
307 unless Buyer within 60
308 written inspection report and a written notice listing the defects identified in the report to which Buyer objects. This OHer shall be null and
days of acceptance delivers to Seller, and to listing broker if Properly is listed, a copy of the inspector's
310 Buyer shall order the inspection and be responsible for all costs of inspection. including any inspections required by lender or follow-up to
309 void upon timely delivery of the above notice and report CAUTION: A proposed amendment will not satisfy this notice requirement
31 1 inspection Note: This contingency only authoriies inspections, not testing, see lines 98 to 110. For the purposes of this contingency a defect
312 is defined as any condition of the Properly which constitutes a significant threat to the health or safety of persons who occupy or use the
313 Property or gives evidence of any material use, storage or disposal of hazardous or toxic substances on the Properly. Defects do not include
314 conditions the nature and extent of which Buyer had actual knowledge or written notice before signing this Offer.
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315 Thisofferwasdrafted on 5/1612001
316 (x) CITY YSKEGF
317 Buyer'dignatare,' Print kame Here: '
[date] by [Ucensee and firm] yon Brlesen. Punell 6 Roper, S.C.. Timothy w. Feeley
-r%, J€ar X MclR.sNb.+ ,?? -600 -bo23 -
Social Securitv No. or FElN
J-rgdI
Date
318 (x) By:., u@i- b3Vlb i. bc &J&-L,~
319 6uyer's Signature Print Name Here: b Social Security NO. or FElN
3~.kW-b023 3.~" ,r..c I'
Date
320 2
321 Broker (By)
322 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER SURVIVE CLOSING AND
323 THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH
324 HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
325 (x)
326 Seller's Signature Print Name Here: b Social Security NO. or FElN Date
327 (x)
328 Seller's Signature Print Name Here: b Social Security No. or FElN Date
e31
329 This Offer was presented to Seller by on
30 THIS OFFER IS REJECTED
. at a.m.1p.m.
Seller Initials Date Seller Initials Date
THIS OFFER IS COUNTERED [See attached counter]
594221-1
m ADDENDUM A
LEGAL DESCRIPTION
This Addendum A is attached to and made a part of the Vacant Land Offer to Purchase (the “Offer”) executed by City
of Muskego, (“Buyer”) and dated May 16,2001, by which Buyer has offered to purchase the real property located in
the City of Muskego, County of Waukesha, Wisconsin (the “Property”) 6om Maciolek Limited Partnership (“Seller“).
The legal description of the Property is approximately as set forth on the attached page. The title company will provide
the exact legal description prior to closing.
Exhibit "A"
Legal Description
Community Center/Boehm Property e
Being that part of the Northwest one quarter of the Southwest one quarter of Section 11, all
being in Town 5 Range 20 east City of Muskego, Waukesha County, Wisconsin bounded and
described as follows:
Commencing at the Northwest corner of the Southwest one quarter of Section 11, said point
being the place of beginning, hence easterly along said line 570% feet, thence southeasterly
along the eastern right of way of Moorland Road, 1290% feet, thence south along the east line of
the northwest one quarter of the southwest one quarter 3905 feet, thence westerly 12705 feet,
thence north along the west line of the SW X of Section 11, 1250 feet to the place of beginning.
Said lands containing approximately 1,239,200 square feet. 28.44 acres, more or less.
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n ADDENDUM B
This Addendum B is attached to and made a part of the Vacant Land Offer to Purchase (the “Offer”) executed by City
of Muskego, (“Buyer”) and dated May 16, 2001, by which Buyer has offered to purchase the real property located in
the City ofMuskego, County of Waukesha, Wisconsin (the “Property”) from Maciolek Limited Parmenhip (“Seller”).
The Offer is supplemented and modified as follows:
I. PROPERTY CONDITION DISCLOSURES
Per lines 54-57 of the Offer, Seller has notice or knowledge of the following conditions affecting the Property
or transaction.
(a) A portion of the Property is located in an unmapped flood zone area
2. HARVEST OF CROPS
Seller will have the right to harvest the 2000 crops currently planted on the Property and retain all revenue and
pay all expenses related thereto. Seller shall maintain general liability, insurance, worker’s compensation insurance and
all other appropriate insurance with commercially reasonable limits of coverage. The harvest of the crops may occur
before or after closing of this transaction and may not delay the closing.
3. BUYER’S CONTINGENCIES
In addition to the contingencies set forlh elsewhere in this Offer, Buyer’s obligation to conclude the purchase 0 ofthe Property pursuant to this Offer is contingent upon:
(a) AGREEMENTS AFFECTlNG OCCUPANCY. Seller having disclosed or provided to
Buyer, no later than 30 days after acceptance of this Offer, all current, signed copies of all agreements and
leases controlling or in any manner affecting any thud party’s rights, claims, or possession of or to the
Property, which agreements Buyer fmds acceptable in its reasonable discretion.
and reports as Buyer deems desirable of or relating to the Property and the Intended Use (including
(b) INSPECTION Buyer having received 60m such consultants as it may engage, test results
construction of facilities therefor), including soils and other environmental reports. The report(s) or
document(s) must show the Property IO be in a condition acceptable to Buyer in its reasonable discretion. In
addition, Seller shall, within ten IO days after acceptance of this Offer, deliver to Buyer complete copies of
any such tests, reports, documents or studies as Seller now possesses which relate to the Property, which
likewise must show the Property to be in a condition acceptable to Buyer in its reasonable discretion.
(c) RESTFUCTIONS AND COVENANTS: Buyer, in its reasonable discretion, reviewing and
approving all recorded and unrecorded building and use restrictions, covenants, and agreements that affect or
may affect the Property.
Buyer shall provide written notice to Seller, within 60 days after acceptance of this Offer, waiving all of Buyer’s
contingencies, or Seller may, at any time thereafter, terminate this Offer upon not less than 30 days written notice to
Buyer with right to cure. If Seller gives such notice, and if Buyer gives Seller, within the notice period, a written
waiver of all of Buyer’s contingencies, this Offer shall remain in full force and effect, otherwise this Offer shall be null
and void upon the expiration ofthe notice.
4. BINDING CONTRACT
Seller and Buyer acknowledge and agree that they intend this Offer to be a binding and enforceable
agreement, and each party waives any right to challenge the enforceability of this Offer on the basis that the
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contingencies set forth in this Offer are at the reasonable discretion of Buyer. Buyer agrees to use its good faith efforts
to satisfy all of the contingencies. Seller acknowledges and agrees that (I) the efforts by Buyer will require Buyer to
expend significant time and money investigating the Property and attempting to satisfy all of the contingencies
precedent to the purchase of the Property; and (2) the expenditure of the time and money by Buyer, constitutes good
and sufficient consideration to Seller for Seller accepting this Offer and agreeing to be bound by it.
5. CLOSING COSTS
(I) Buyer shall pay the cost to record the Deed;
(2) Buyer shall pay all title insurance premiums for the owner‘s title insurance policy, however,
Seller shall forward current title policy to allow Buyer to save costs through reissue;
(3) Each party shall pay its own attorneys’ fees.
6. BINDING EFFECT
All of the terms, covenants and conditions of this Offer shall inure to the benefit of and be binding upon the
parties and their respective heirs, personal representatives, successors and assigns.
7. CHAPTER 32 ACKNOWLEDGMENTS AND WAIVERS
Seller acknowledges that it has had a face-to-face meeting and negotiations with the Buyer
as contemplated by Wis. Stats. secs. 32.05(2a) and/or 32.06(2a).
Seller acknowledges that it has received all pamphlets or information that the Buyer may be
required to provide under Wis. Stats. secs. 32.05(2a) and/or 32.06(2a).
Seller acknowledges that it has waived its right to an appraisal under Wis. Stats. secs.
32.05(2)@) and/or 32.06(2)@).
Seller waives any applicable agricultural or environmental impact statement to which it may
be entitled.
Seller acknowledges that it is not a “displaced person,” “farm operation,” “owner-occupant,
residential” or “owner-occupant. business” pursuant to Wis. Stats. secs. 32.19 to 32.27 and
Wis. Admin Code Chapter Comm. 202.
Seller waives any right to relocation benefits for which it may be eligible under Wis. Stats.
secs. 32.19 to 32.27 and Wis. Admin Code Chapter Comm. 202.
Seller acknowledges that it may, within 6 months after the date of recording of any
conveyance, appeal from the amount of compensation stated in the Offer in the manner set
forth in Wis. Stats. secs. 32.05(2a) and/or 32.06(2a). For purposes of any such appeal, the
amount of compensation stated in the Offer shall be treated as the award and the date the
conveyance is recorded shall be treated as the date oftakiig and the date ofevaluation.
Seller waives all right to appeal, pursuant to Wis. Stats. secs. 32.05(5) andor 32.06(5),
concerning the right to take by the Buyer.
8. CERTIFIED SURVEY MAP. Buyer, at its expense, shall prepare a certified survey map prior to
closing in recordable form that will describe the Property and Seller’s remaining parcel of real estate adjacent to the
map on or before the closing.
Propeq. Seller shall allow Buyer’s surveyor access to the property to be surveyed, and shall sign the certified survey
-2-
9. JOINT AUTHORSHIP. Each of the parties has participated in the drafting and review of the
Offer and all Addenda. Accordingly, the language of the Offer and all Addenda shall not be presumptively
construed in favor of or against either the Buyer or the Seller.
IO. TRANSFER IN LIEU OF CONDEMNATION. Buyer represents that it has authority to acquire
title to the Property pursuant to Chapter 32 of the Wisconsin Statutes and that it has made a relocation order and a
determination of necessity and taken the steps necessary to acquire title to the Property pursuant to Chapter 32 of the
transfer in accordance with §§ 32.05(2a) and/or 32.06(2a).
Wisconsin Statutes. In accordance with Chapter 32, the transaction evidenced by this Offer to Purchase is a negotiated
-3-
von Briesen, Purtell&Roper, s.c
March 20,2001
I Mayor David L. DeAngelis
City of Muskego
W I82 S8200 Racine Ave.
Muskego, WI 53150-0903
Re: Maciolek Limited Partnership Property
Dear Mayor DeAngelis:
As we discussed today by phone, enclosed are the following:
I Vacant land offer to purchase . .Addendum A
Addendum B
Wisconsin Department of Commerce
. Copies of the hghts of Landowners under Wisconsin eminent domain law published by the
Draft letter for submission of offer to Attorney Marcuvitz
To comply with the Wisconsin Statutes, you should provide Mr. Marcuvitz the vacant land offer to
purchase with the attached addenda, a copy of the original green and purple pamphlets that describe the
rights of landowners, and also include a map which shows all property that is being affected by the
project, i.e., construction of the community center. If need be, we can use one of the maps attached to
Addendum A unless a more detailed map has been prepared by the engineering department. I think it
would also be a good idea to have engineering verify the legal description for the property the City is
seeking to acquire in Addendum A.
If you have any questions regarding the above, please call me at 414-287-1210.
Very truly yours, wpyqPER S.C.
Timot y W Feeley7
TWFnmb /
0 enc
ILN Offices in Milwaukee 8 Racine - w.wnbnesen.com -I-
~ A member of ILN. a global nehvork of independent law firms
TO BE REPRINTED ON CITY OF MUSKEGO LEITERHEAD
March 20,2001
Maciolek Limited Partnership
c/o Alan Marcuvitz, Esq.
Weiss, Berzowski, Brady & Donahue, LLP
700 North Water Street, Ste. 1500
Milwaukee, WI 53202-4273
Re: Voluntary purchase of 28.44 acres of vacant land in the City of Muskego
Dear Mr. Marcuvitz:
This letter responds to your March 8,2001 letter to ow legal counsel that your client will accept
an offer of $355,500, upon presentation, for acquisition of the above-referenced property. A
vacant land offer to purchase ftom the City of Muskego is enclosed herein. The offer consists of
five preprinted pages and a seven-page addendum. We are also enclosing a map showing the
property affected by the project as required under Wis. Stats. $5 32.05(2a) andor 32.06(2a). In
addition, we are enclosing applicable copies of the Rights of Landowners under Wisconsin
eminent domain law, also as required under Wis. Stats. $5 32.05(2a) and 32.06(2a).
Our offer is based upon the appraisal we obtained eom Southern Wisconsin Appraisal. We
understand your clients have waived their right to an appraisal under the 60 day provision.
If you have any questions, please feel ftee to contact me directly,
Very truly yours,
CITY OF MUSKEGO
BY
David DeAngelis, Mayor
enc.
cc: Timothy W Feeley, Esq.
Donahue LLp
March 8,2001
7W N Wacr St. 4W GC"CYC SI.
Mi1mukce.W 532024273 Dc1lhcld.W 530181815
(414) 27658w
(414) 2760458 Fu
(262) 6465812
Irw@whM.com
(262) 64b3340 Fax
awrvwbtd cam
Timothy W. Feeley, Esq.
Von Briesen, Purtell & Roper, S.C.
41 1 East Wisconsin Avenue
Milwaukee, Wisconsin 53201
RE: Maciolek Limited Partnership
Our File: 13466-201
Dear Tim:
I have met with our clients regarding the condemnation acquisition of their property,
with particular reference to your letter of January 24,2001.
0 Our client does not intend to submit an appraisal under the 60 day provision.
Our client will accept an offer of $355,500, upon presentation, subject to the 6 month
right of appeal guaranteed by sec. 32.06(2a).
We expect that the offer will be presented as soon as practicable, but not later than
April 15,2001,
If no such offer is presented by April 15, 2001, we would expect a confirmation that
the City has abandoned the project and the intent to acquire any of our client's property.
Ifzeithe: the ZEz: 22: the 252zi223cx: cGzzx:z::m :s iX~-.xd 5y Apii; :5, 2%:, ..
we will initiate inverse condemnation proceedings.
Very truly yours,
WEISS, BERZOWSU, BRADY & DONAHUE LLP
Alan Marcuvitz
cc: Maciolek Limited Partnership
~pp~~- by me "nsin Department of Regulalion and Licensing
7-1-99 (Cplional Use Dale)
1-la (Mandalory use Date)
yon Briesen PUII~II 8, R~~~~
WE-I3 VACANT LAND OFFER TO PURCHASE Page 1 01 5
pRimimTWO]
3 offers lo purchase the Property- Described on Addendum A
5 Wmnsin Insert addlbonal descri lion, if any, at lines 179 - 187 or attach as an addendum, line 188), on the fdlowing terms:
6 m PURCtdEPRlCE;'~,50~ per acre based won the exact acreaqe of the Property
7 (Approximately
8 .-
9'
10 PURCHASMd In cash or equivalent at dosing unless othenvise provided below.
11 ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall lndude in the purchase price and bander, free and dear of
12 encumbrances. all fixtures, as defined at lines 15 - 18 and as may be on the Property on the date of this Offer, unless exduded at line 14,
13 and the following additional Items:
14 m ITEMS NOT INCLUDED IN THE PURCHASE PRICE:
15 A 'Fxiure' is defined as an item of property which is physically attached to OT so dosely assodated with land so as to be treated as part
16 of the real estate, induding, without limitation, physically attached items not easily removaMe without damage lo the Property, items
17 spedfically adapted to the Property, and Hems customarily lreated as fixtures lnduding but not limited to all: perennial mops; garden
18 bulbs; plants; shrubs and trees. CAUTION: Annual mps are not included In the purchase price unless otherwise agreed at line 13.
19 1
xllnyers and Sellers have signed an identical mpy of the Offer, induding signabres on
21 separate but idenlical mpies of the mer. CAUnON: Deadlines b fhe Offer am commonly caiculafed from accepfance. Conslder
blnding acceptance and performance.
pfior to delivery of ihe accepted Offer.
led Offer is delivered to Buyer on or
of documents and willen notices
n (I) By depositing fhe document or willen notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged lo an awn1 with
a mmmercial delivery service, addressed either lo the Party, or to the Parly's redpient for delivery designated at lines 30 or 32 (if any),
Wets recipient for delivery (optional):
31 Ws derieq address:
3 B@s recipient for deivery (optional):
34 (2) By ggng the doarment or wn'tten notice personally to the Pw or the Pws redpient for delivery if an Individual is designated at lins 30 OT 32. '
55 (3) By fax lransmlssion of the doarment (K writlen noh to the following telephone number:
4 in the city Of Uuskeao , County of Waukeaha
gellwstt )
..
26 lo a Party shall be effecb've only when amplished
delivery to the Parly's delivery address at li
I
"
33 Buy&sdeliveryaddress:mez 88200 Racine Avenue, Box 749, Muskeqo, WI 53150-0749
679-5630
41
42 k&)&WAM -
4 PLACE OF CLOSING I This bansaction Is to be dosed at the place deslgnaled by Buyer's nmtgagee or Buver no later than 60
45 [ CLOSING PRORATIONS I The following items shall be mated at dosing: real estate taxes. rents, private and munldpal charges,
46 pmperty ownets assodalion assessments, fuel and all similar charqea
47 . Any Inmme, taxes OT expenses shall ame to Seller, and be prorated, through the day prior to dosing.
48 Net general real estate taxes shall be pnxated based on (the net general real estate taxes for the currenl year, I known, otherwise on
43 the net general real estate taxes for the preceding year) ( !a
SI CAUTION: I proration on the bash of nef general real esfale Lues k not accepfable (for example, complefedlpending sz reassessment, changlng mlll rafe, loffery credits), lnsert estimated annual Lax or ofher formula forpmration.
l?sEcEl
UdaVS afbr aamDhCe tl0wFhI I- unless another date or place is agreed to In writing.
). I STRIKE AND COMPLETE AS APPLICABLE]
1s PROPERTYADDRESS Maciolek Limited Par Parcels ba9e 3 of 5. WE131
136
failure to p&um by the ewad date OT deadline Is a breach of mnbad If lime is of the Essence' does
. If Tune is of the Essence'
ne, then performance within a reasonable 6me of the date or deadline is allowed befofe a breach occurs. Deadlines expssed as a number of 'days' from an event such as acceptance, are calculated by excluding
144 be day the event occurred and by anting subsequent calendar days. The deadline evlres at midnight on the last day. Deadines
141 e.xpressed as a s@c number of 'business days' exdude Saturdays. Sundays, any legal public holiday under Wismin or Federal
142 law. and other day designated by the President such that the postal service does not receive registered mail cf make regular deliveries
143 on that day. Deadlines expressed as a s@c number of 'hours' hwn the occurrence of an event. such 8s receipt of a notice, are
144 calculated from the exad Eme of the event and bv counting 24 hours per calendar day. Deadlines ewessed as a spedfic day of the
145 calendar year or as the day of a swc evenlsuch as'dosing, &pire at midiighlof that day.
146 ww
147
144
1 49
Buyer. at its expense, shall obtain IW4d5.WB131
106 EFFECTIVE DATE OF THE COMMITMENT AND WE DATE THE DEED IS RECORDED.
201 TITLE A EPTABLE FOR CLOSING: If title is not aazptable for dosing. Bu er shall now Seller in writing of ob~,ons @ title by 208 (he me SF osing. n su even Seller shd have 8 reasonable 6me. burnol exceeding 15 days, to remove e obpchons and
209 Ihe ;me fo:d&f shall 'be e?ended is necessary for Ihls purpose. In Ihe event that Seller IS unable to remove said obections, bu er
210 shall have 5 da \om receipt of notice thereof, to deliver wntten notice waiving the obeclions, and the time for dosin sh a I be extenled
211 mdingly. If 8yer does no1 waive the objecbons this Offer shall be null and void. bmviding tine evidence -p&e for dosing does
212 not extin uish Sellets obli ations to give merchantable' Sue to Bu er
213 I SPECAL ASSESSMEdTS: Spyal assessments. ,if any, f!r 'work actually cqmmenced or levied riw to date of this Offer shall be
214 215 13"" area bY assessments. pmpe ownefs assocallon assessments or ofher expenses am contemplated. 'mer expenses' are one er no later man dosmg. All other s al assessments shall be pald by Buyer. CAUTdN: Conslder a special agreement p" relating lo ab, gutter, charges), parks, street
nd Addenda A and B
225 Seller and Buyer each have (he legal duty to use @ faith and due dili nce h cqnpleting Ihe terms end Cond@s of Ihis Offer. A 224 material fdlure to pedonn any Obligahn under this Offer is a default Whig may sub~ed he defauhg pady to tiabrlity for damages or
D
240 ARE PROHIBED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR
241 HOW TlTLE SHOULD BE TAKEN AT CLOSING. AN AllORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED. w
243
244
I 245 26
' 247
248
m 1 24.9 1 251 I= 255
234
256
256
2n %a
I= 280
261
262
26) x4
a65 2665
268 PROPERTYADDRESS: Maciolek Limited Partnersh.ip Parcels-
259 OPTIONAL PROVISIONS: THE PARAGRAPHS AT LINES 271 - 314 WHICH ARE PRECEDED BY A BOX ARE A PART OFTHIS OFFER IF
no
271 PROPOSED USE CONTINGENCY Buyer is purchasing the property for the purpose Ot. oonatruoting a communitv center
272 . Thii Ofier is contingent upon Buyer obtaining the following: m W WriHen evidence at (Buye+O I STRIKE ONE I expense frm a qualified soils ewrl that the Property is free of any subsoil
lpage 5 of 5, WE131
MARKED, SUCH AS WITH AN 'x' THEY ARE NOT PART OF THIS OFFER IF MARKED MA OR ARE LEFT BLANK.
279
282 Property and a written determination by a qualified independent third party that none of these prohibit 01 significantly delay or inaease
283 the cos$ of the proposed use or development Identified at lines 271 lo 272.
I . ,.
288 e .. SF *
rnm~
291 9
293 pon (Euyer obtaining1 STRIKE ONE la map of the Properly prepared
..
289 M -, *
.. ..
292
29( by a registered land surveyor. within 60 days of ecceptance, at (Buyer's)-O -1 expense. The map shall UenWy the legal
295 desaiDtion of lhe ProDertv. he ProaerNs boundaries and dimensions. visible enaoachmenk uwn the Property, the location of improvements,
296 ifany,'and: See M&n&u 8
298 which may be added indude, but are not limited to: specjfying how current the map must be; staking of ell caners of the Pro ; Uentifying m dedicated and men1 street kt dimensions. total aaem or ware footage. easemenk or rights-d-way. CAUTION: Cons/ 9 er !he cosf
.. ..
291 .I STRIKE AND COMPL~ AS APPLICABLE 1 Additional map features
JM and !he need for map feafuks befom sel6dng. !hem.-The mip shall shhow no significant encroachmenl(s) or any Information materially
31 inconsistent with any prior representahs to Buyer.'ThIs contingency shal be deemed satisfied unless Buyer, within five days of the earlier
502 of: I) Buyeh receipt of the map, or 2) the deadline for de4~et-y of said map, delivers to Seller. and to listing broker if Property Is listed, a copy
INSPECTION CONTINGENCY: Thii offer is contitwent urn a aualified tnderendent inspector(s) conducting an ins&on(s), at the map and a written mtice which Identifies the significant encroachment or the Information materially Inconsistent with priw repmntalions.
ergmse, of the Pmpelty and - .. ..
3%
37 unless Buyer within 60 days of ecceptance delivers to Seller, and to tisting broker if Properly Is riled, a copy of the Inspectots which ddoses no defeds as defined below. This contingecy shall be deemed satisfied
3% writlen inspeclion r and a wriiten notice"in the defeds identified in the rl to whlch B er objeds. Thls offer shall be null and
509 vold upon timely de "p" lvery of the above notice am! repit CAUTION: A w 7 I/ no! SaUsfy !hls noUce mqulmment
310 Buyer shall order the inspection and be responsible for all cosk of Inspeclion, Indudhg any inspections requlred by lender OT fdlowup to
311 bspection. Note: Thii contingency cdy authorizes insPec(i0ns. not testing, see lines 98 to iI0, For the purposes of this contingency a &fed
312 is defined as any mndition of the Property which anstitutes a dgnhbnt threat to Ihe health or safely of pecbons who mpy or use the
313 Pmperty or gives evidence of any material use, or diposal of hazardous or tok substances on the Proply. Defeds do not indude
314 amditions the nature and extent of whlch Buyer had adual knowled@ or written notice befm dgning this offer.
315Thiiofferwasdraffedon 03/20/.2001 [date]by~nseeandFlm]von Briesen, ~urtell c Romr, B.c., Timothv W.. L" I ^..
321 SELLER ACCEPTS THIS OFFER THE AND CDVEHAllTs MAD
313 THE COhVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH E IN THIS OFFER SURVIVE CLOSING AND
324 HEREIN AND ACKNOWLEWES RECEIPT OF A COPY OF THIS OFFER
529 Thls Ofler was presented to Seller by on I at a.mJp.m.
@THIS OFFER IS REJECTED
*WA CWA WhWl Wl
THIS OFFER IS COUNTERED [See alladled mnter]
- ADDENDUM A
LEGAL DESCRIPTION
This Addendum A is attached to and made a part of the Vacant Land Offer to Purchase (the "Offer") executed by City of
Muskego, ("Buyer") and dated March 20,2001, by which Buyer has offered to purchase the real property located in the
City of Muskego, County of Waukesha, Wisconsin (the "Property") from Maciolek Limited Pmership ("Seller").
The legal description of the Property is approximately as set forth on the attached page. The title company will provide
the exact legal description prior to closing.
-1-
0 Exhibit "A"
Legal Description
Community CenterBoehm Property
Being that part of the Northwest one quarter of the Southwest one quarter of Section 1 I, all
being in Town 5 Range 20 east City of Muskego, Waukesha County. Wisconsin bounded and
described as follows:
Commencing at the Northwest comer of the Southwest one quarter of Section 11, said point
being the place of beginning, hence easterly along said line 570% feet, thence southeasterly
along the eastern right of way of Moorland Road, 1290% feet, thence south along the east line of
the northwest one quarter of the southwest one quarter 3905 feet, thence westerly 12705 feet,
thence north along the west line of the SW % of Section 1 I, 1250 feet to the place of beginning.
Said lands containing approximately 1,239.200 square feet. 28.44 acres, more or less.
3Nll 'M'O'tl
.
ADDENDUM B I
This Addendum B is attached to and made a part of the Vacant Land Offer to Purchase (the "Offer") executed by City of
Muskego, ("Buyer") and dated March 20,2001, by which Buyer has offered to purchase the real property located in the
City of Muskego, County of Waukesha, Wisconsin (the "Property") from Maciolek Limited Partnership ("Seller").
ne Offer is supplemented and moditied as follows:
1. PROPERTY CONDITION DISCLOSURES
Per lines 54-57 of the Offer, Seller has notice or knowledge of the following conditiom affecting the Property
or -action
(a) A portion of the Property is located in an unmapped flood zone area.
2. HARVEST OF CROPS
Seller will have the right to harvest the 2000 crops currently planted on the Property and retain all revenue and
pay all expenses related thereto. Seller shall maintain general liability, insurance, worker's compensation insurance and
before or after closing of this @ansaction and may not delay the closing.
all other appropriate insurance with cormnercially reasonable limits of coverage. The harvest of the crops may occur
3. BUYER'S CONTINGENCIES
In addition to the contingencies set forth elsewhere in this Offer. Buyer's obligation to conclude the purchase of
the Property pursuant to this Offer is contingent upon:
(a) AGREEMENTS AFFECTING OCCUPANCY Seller having disclosed or provided to
Buyer, no later than 30 days after acceptance of this Offer, all current, signed copies of all agreements and
which agreements Buyer finds acceptable in its reasonable discretion.
leases controlling or in any manner affecting any third party's rights, claims, or possession of or to the Property,
(b) INSPECTION: Buyer having received 6om such consultants as it may engage, test results
and reports as Buyer deems desirable of or relating to the Property and the Intended Use (including
consmction of facilities therefor), including soils and other environmental reports. The rcport(s) or
document(s) must show the Property to be in a condition acceptable to Buyer in its reasonable discretion. In
addition, Seller shall, within ten 30 days after acceptance of this Offer, deliver to Buyer complete copies of any
such tests, reports, documents or studies as Seller now possesses which relate to the Property, which likewise
mt show the Property to be in a condition acceptable to Buyer in its reasonable discretion.
(c) RESTRICTIONS AND COVENANTS: Buyer, in its reasonable discreti04 reviewing and
approving all recorded and unrecorded building and use restrictions, covenants, and agreements that affect or
may affect the Property.
Buyer shall provide written notice to Seller, wih 60 days after acceptance of this OtTer, waiving all of Buyer's
contingencies, or Seller may, at any time thereafter, terminate this Offer upon not less than 30 days written notice to
Buyer with right to cure. If Seller gives such notice, and if Buyer gives Seller, within the notice period, a written waiver
of all of Buyeh contingencies, this Offer shall remain in full force and effecc otherwise this Offer shall be null and void
upon the expiration of the notice.
-1 -
4. BINDING CONTRACT
Seller and Buyer acknowledge and agree that they intend this Offer to be a binding and enforceable agreement,
and each party waives any right to challenge the enforceability of this Offer on the basis that the contingencies set forth
in this Offer are at the reasonable discretion of Buyer. Buyer agrees to use its good faith efforts to satisfy all of the
contingencies. Seller acknowledges and agrees that (I) the efforts by Buyer will require Buyer to expend significant
time and money investigating the Property and attempting to satisfy all of the contingencies precedent to the purchase of
the Propeny; and (2) the expenditure of the time and money by Buyer, constitutes good and sufficient consideration to
Seller for Seller accepting this Offer and agreeing IO be bound by it.
5. CLOSING COSTS
(I) Buyer shall pay the cost to record the Deed;
(2) Seller shall pay all title insurance premiums for the owner‘s title insurance policy;
(3) Each party shall pay its own attorneys‘ fees.
6. BINDING EFFECT
AU of the terms, covenants and conditions of this Offer shall inure to the benefit of and be binding upon the
parties and their respective heirs, personal representatives, successon and assigns.
7. CHAPTER 32 ACKNOWLEDGMENTS AND WAIVERS
Seller acknowledges that it has had a face-teface meeting and negotiations with the Buyer
as contemplated by Wis. Statr. secs. 32.05(2a) and/or 32.0q2a).
Seller acknowledges that it has received any pamphlets or information that the Buyer may be
required to provide under Wis. Stats. secs. 32.05(2a) and/or 32.06(2a).
Seller acknowledges that it has or has access to an appraisal, which would constitute an
appraisal to which it would be entitled under Wis. Stats. secs. 32.05(2)@) andlor
32.06(2)(b).
be entitled.
Seller waives any applicable agriculhual or environmental @act statement to which it may
residential” or “owner-occupant, business” pursuanl to Wis. Stats. secs. 32.19 to 32.27 and
Seller acknowledges that it is not a “displaced person,” ‘Yam operation,” “owner-occupant,
Wis. Admin Code Chapter Corn 202.
Seller waives any right to relocation benefits for which it may be eligible under Wis. Stats.
secs. 32.19 to 32.27 and Wis. Admin Code Chapter Corn 202.
Seller acknowledges that it may, within 6 months after the date of recording of any
conveyance, appeal born the munt of compensation stated in the Offer in the manner set
forth in Wis. Stats. secs. 32.05(2a) and/or 32.0q2a). For purposes of any such appeal, the
conveyance is recorded shall be weated as the date ofraldng and the date ofevaluation.
amount of compensation stated in the Offer shall be treated as the award and the date the
Seller waives all right to appeal, pursuant to Wis. Stats. secs. 32.05(5) and/or 32.06(5),
concerning the right to take by the Buyer. 0 8. CERTIFIED SURVEY MAP Buyer, at its expense, shall prepare a certified survey map prior to
-2-
closing in recordable form that will describe the Property and Seller’s remaining parcel of real estate adjacent to the
F’ropeq. Seller shall allow Buyer’s surveyor access lo the properly to be surveyed, and shall sign the certified survey
map on or before the closing.
9.
Offer and all Addenda. Accordingly, the language of the Offer and all Addenda shall not be presumptively
JOINT AUTHORSHIP. Each of the parties has participated in the drafting and review of the
consmed in favor of or against either the Buyer or the Seller.
-3-
State of Wisconsin
Tommy G. Thompson, Governor wm@ Ylet &\L- G\%
Department of Agriculture, Trade and Consumer Protection
Ben Brancel, Secretary
January 10.2000
Mr. Brian D. Turk
City of Muskego
Dept. of City Planning
W182 S8200 Racine Ave.
P. 0. Box 749
Muskego. W 531504749
Dear Mr. Turk:
Re: Your letter received 12/18/99
City of Muskego Community Center
Waukesha County
The Department of Agriculture, Trade, and Consumer Protection (DATCP) has reviewed the notification and
any supplemental information you have provided concerning the potential need for an agricultural impact
statement (AIS) for the above project. We have determined that an AIS will not be prepared for this project. a Please note that if the proposed project or project specifications are altered in any way which could be
construed as increasing the potential adverse effects of the project on agriculture or on any farm operation,
the DATCP should be renotified. Questions on the AIS program can be directed to me at the above address
or by dialing 608/224-4650.
Sincqrely. &&A=
Peter Nauth
Agricultural Impact Program
(608) 224-4650
2811 Agriculture Drive. Madison, WI 53718-6777 - PO Box 891 I. Madison, WI 53708-891 I - 608-224-5012 * Fax: 608-224-5045