FC042721packetCITY OF MUSKEGO
FINANCE COMMITTEE AGENDA
04/27/2021
5:15 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC MEETING NOTICE
APPROVAL OF MINUTES
March 23, 2021
FCM03232021.docx
LICENSE APPROVALS
Recommend Approval of Operator Licenses
OPLIC20210427.pdf
Recommend Approval of a Class A Dance Hall License and "Class B" License to Sell Fermented
Malt Beverages and Intoxicating Liquor for Muskego Golf LLC, S100 W14029 Loomis Road, dba
Muskego Lakes Country Club
Recommend Approval of Outside Dance Permits for Tail Spin, S64 W18295 Martin Drive, as
follows:
Thursday, May 6, 2021 - 6:30 pm to 9:30 pm
Sunday, May 9, 2021 - 2:30 pm to 7:00 pm
Recommendation to Amend the Licensed Premise as follows:
Thursday, May 6, 2021 - 6:30 pm to 9:30 pm
Sunday, May 9, 2021 - 11:00 am to 7:00 pm
The above are subject to review and approval by the Plan Commission for outdoor activities.
Tail Spin Map.jpg
NEW BUSINESS
Recommend Acceptance of Offer to Purchase - City Property on Woods Road
Staff memo-Gorska-Enerson Land Purchase.pdf
Land Purchase Request.pdf
Vacant Land Offer to Purchase (New) - 121.pdf
Recommend Approval of Cobblestone Meadows Storm Water Maintenance Agreement (SWMA)
Staff Memo-Cobblestone Meadows SWMA.docx
1
CCR2021043-Attachment.pdf
Recommend Approval of Green Solutions Funding Agreement with Milwaukee Metropolitan
Sewerage District (MMSD) for Little Muskego Lake Access #9
Staff Memo-MMSD GI Funding-LML Access #9.docx
City of Muskego Lake Access 9 - GI Work Plan.pdf
Request for Additional Funds for Police Department Drone
Staff Memo-PD Drone.pdf
Recommend Award of Bid - Park Arthur Fields 1, 2 and 3
Staff Memo-Park Arthur.docx
Bid Summary - Park Arthur.pdf
Recommend Approval of Community Holdings Developer's Agreement (DCNE, LLC)
Staff Memo - DCEN LLC DA.docx
CCR2021046-Attachment (DA).pdf
Recommend Approval of Agreement between the Water Bugs Ski Team, Inc. and City of Muskego
for Pier Placement, Water Ski Jump, and Show Events at Idle Isle
Waterbugs Agreement - 2021 (Pier Placement, Ski Jump, Show Events).pdf
VOUCHER APPROVAL
Utility Vouchers
Tax Vouchers
General Fund Vouchers
Voucher Reports
Vouchers - Total.pdf
Vouchers - Alpha.pdf
FINANCE DIRECTOR'S REPORT
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE
MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN
BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY
REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS
THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT
MUSKEGO CITY HALL, (262) 679-4100.
2
CITY OF MUSKEGO Unapproved
FINANCE COMMITTEE MINUTES
March 23, 2021 5:45 PM
Muskego City Hall
W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 5:45 p.m.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Committee Members Alderpersons Wolfe,Kubacki, and Madden. Also present:
Alderpersons Hammel and Terrence, City Attorney Warchol, Public Works & Development Director
Kroeger,Finance and Administration Director Mueller,and Administrative Assistant Crisp.
PUBLIC MEETING NOTICE
Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law.
APPROVAL OF MINUTES
March 9, 2021
Alderperson Kubacki moved to approve. Alderperson Wolfe seconded; motion carried.
LICENSE APPROVALS
Recommend Approval of Operator Licenses
Alderperson Madden moved to recommend approval of an operator license for Savannah
Dembosky, Joshua Overlee, and Lauren Wessel. Alderperson Kubacki seconded; motion
carried.
Recommend Approval of Change of Agent (Sarah Drezdzon) for "Class A" Liquor License held by
Ultra Mart Foods, LLC (d/b/a Pick 'n Save)
Alderperson Wolfe moved to recommend approval. Alderperson Madden seconded;
motion carried.
Recommend Approval of a "Class C" Dance Hall License and a "Class B" License to Sell
Fermented Malt Beverages and Intoxicating Liquor for Wisconsin Youth Sports Association (d/b/a
Sport Development), Nicole Lutz Agent, located at W160 S6369 Commerce Drive
Alderperson Madden made a motion to discuss at Common Council. Alderperson
Kubacki seconded; motion carried.
NEW BUSINESS
Recommendation to Terminate Tax Incremental Districts Numbers 8 and 9
Alderperson Kubacki moved to recommend. Alderperson Wolfe seconded. Ms. Mueller
stated that this item was discussed during the budget process. Now that all of the relative debt
3
Finance Committee Minutes 2
March 23, 2021
has been paid in full and we have a fund balance, it is time to close the TIDs. The next step
would be a final audit in which we have one year to conduct. Then we would distribute any
remaining funds to the all of the taxing entities. Ald. Kubacki noted that we are required to do
this. Mayor Petfalski asked approximately how much money would be distributed. Ms. Mueller
replied that the total distribution would be about $1.875 million with $500,000 to the City, $1
million to the school district, $230,000 to Waukesha County, and $45,000 to WCTC.Motion
carried.
Recommend Approval of Developer's Agreement for PEGARL LLP
Alderperson Madden moved to recommend approval. Alderperson Kubacki seconded;
motion carried.
Recommend Denial of Claims (Matthew & Danielle McCarroll, Trish Krocker, Michael & Sherri
Hallmann, Richard & Virginia Randa, Michael & Susan Hauke, Michael & Jean Reitz)
Alderperson Wolfe made a motion to move to Common Council for discussion.
Alderperson Madden seconded; motion carried.
Recommend Award of Bid for 2021-2022 Parks, Boulevards, Terraces and Facility Landscaping
and Game Day Field Preparation
The following bids were received:
Item Happy Mower, LLC Sebert Landscape
Service 1: Lawn Mowing (Per Year)$55,000.00 $100,000.00
Service 2: Medians (Per Year)$67,500.00 $105,000.00
Service 3: Field Prep (Per Game) *$175.00 $300.00
Total Lump Sum Fee (One Year)$122,500.00 $410,000.00
Contract Price (Two Years)$245,000.00 $410,000.00
*Cost to be passed on directly to anyone who requests that a baseball field be prepared for a
game.
The Public Works & Development Director reduced the amount of work to be performed under
Service 1 and Service 2 in order to match the funds budgeted for this work. Therefore, he
recommended the following reduced buds submitted by Happy Mower, LLC be accepted:
Item Happy Mower, LLC
Service 1: Lawn Mowing (Per Year)$43,500.00
Service 2: Medians (Per Year)$62,500.00
Service 3: Field Prep (Per Game) *$175.00
Total Lump Sum Fee (One Year)$106,500.00
Contract Price (Two Years)$212,000.00
Alderperson Wolfe moved to recommend acceptance of the bids from Happy Mower, LLC
in the amount of $212,000.00 for two years. Alderperson Kubacki seconded; motion
carried.
Recommend Approval of Facilities Use Agreement between the Muskego-Norway School District
and the City of Muskego
Alderperson Kubacki moved to recommend approval. Alderperson Madden seconded;
motion carried.
4
Finance Committee Minutes 3
March 23, 2021
Recommend Approval of Cobblestone Court Developer's Agreement
Alderperson Kubacki moved to recommend approval. Alderperson Madden seconded;
motion carried.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to recommend approval of Utility Vouchers in the
amount of $71,652.53. Alderperson Madden seconded; motion carried.
Tax Vouchers
Alderperson Wolfe made a motion to recommend approval of Tax Vouchers in the
amount of $252,497.36. Alderperson Kubacki seconded; motion carried.
General Fund Vouchers
Alderperson Wolfe made a motion to recommend approval of General Fund Vouchers in
the amount of $315,231.48. Alderperson Madden seconded; motion carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to recommend approval of Wire Transfers for
Payroll/Invoice Transmittals in the amount of $367,678.07. Alderperson Kubacki
seconded; motion carried.
FINANCE DIRECTOR'S REPORT
None
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
None
ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 5:53 p.m. Alderperson Wolfe
seconded; motion carried.
Minutes taken and transcribed by Christine Crisp.
5
T:\Departments\FinanceAdmin\Clerk\Licenses\Oper Lic Approval Lists\2021\OPLIC20210427.docx
OPERATOR LICENSE APPROVALS
COMMON COUNCIL – 04/27/2021
Lauren Busalacchi
Samantha Danowski
April Donner
Justin Edwards
Rachel Falkowski
Danielle Knutson
Laurie Kontney
Jodi Miller
Therese Missiaen
Lisa Murray
Kristin Rydzik
Nicole Talakowski
6
7
CITY OF MUSKEGO
Staff Report to Finance Committee/Common Council
April 27, 2021 Meeting
To: Finance Committee/Common Council
From: Adam Trzebiatowski, AICP
Subject: Sylwia Gorska-Enerson Land Acquisition Request - Resolution #042-2021
Date: April 21, 2021
Background Information:
Ms. Gorska-Enerson approached the City in the Fall of 2020 about trying to divide her current property located on
Woods Road. At that time it was determined that her property did not have the required amount of frontage to be
able to be subdivided. After further discussions relating to such, she asked if the City would sell some of our
adjacent conservation land. She proceeded to submit a request to the City to be able to purchase 29,300 square
feet (0.67 acres) of land, currently owned by the City, that is designated as a conservation area. The possible
purchase area includes about 127 feet of right-of-way frontage. The Tax Key Number of the City property is
2227.989.012. The City lot currently is 160,934 square feet (3.69 acres) in area.
This property is listed as a conservation area due to the fact that it was former road right-of-way that was never
utilized and once vacated ownership remained with the City. The City then designated this as a conservation area
since it was unused land that contained mostly wetlands. Due to the amount of wetland on site, the location and
the size of the property, there is very limited use to what can occur with/on the property.
A similar request was made to the City back in 2012 for a different portion of this same lot in question. At that
time the City agreed to sell 8,216 square feet (0.19 acres) of land to a former adjacent land owner so a land
division could occur. That request was approved and the sale occurred, which allowed the land to be transferred
to the owner, whom ended up splitting their lot. This new request is very similar in nature.
Based on her request to the City, her request was forwarded to the Parks and Conservation Committee on October
15, 2020. At their meeting, the Parks and Conservation Committee was receptive to the idea of selling this
remnant conservation land. Based on this positive feedback, the City had an appraisal completed on December
2020 for the possible land purchase area in question. The appraisals came back with a value of $100,000. This
value included some assumptions that are not currently present on/with this property. The assumption were as
follows:
1. The property being rezoned from A-1 to RS-2 and the 2020 Comprehensive Land Use Plan being
amended from Conservation/Low Density Residential to Medium Density Residential.
2. The extensions of municipal water and municipal sanitary sewer.
A copy of the appraisal was then provided to Ms. Gorska-Enerson. She reviewed the appraisal and the
assumptions within it and talked with City staff to put together a formal offer to purchase for what was mutually
thought to be a reasonable offer. Her offer is to purchase the 0.67 acres is for $65,000.
The Common Council now needs to determine if they are willing to accept the presented offer. Based on the
assumption staff feels that the offer is fair, especially since the appraisal was looking at the land as a stand-alone
lot and Ms. Gorska-Enerson is not re-selling it as is, but rather is adding the land to her current lot, which will
allow her to then proceed with a CSM to spilt her lot into two lots. The City would retain ownership of the
remain conversation land after said CSM would be recorded.
Attached to this is the original request from Ms. Gorska-Enerson, a map showing the possible land division and
the offer to purchase that was submitted to the City. The full appraisal is not included due to the size of the
document, but if any one would like to see the appraisal, please reach out to Planning staff for a full copy.
8
Sylwia Gorska-Enerson
W200S8617 Woods Rd
Muskego, WI 53150
sylwiaenerson@yahoo.com
414 405-2843 C
262 679-9793 H
Park and Conservation Committee (Planning office)
City Of Muskego
W182S8200 Racine Ave
Muskego, WI 53150
Dear Park and Conservation Committee:
The purpose of this letter is to request your recommendation to purchase land from the City of
Muskego in order to split my property and meet the city requirements for frontage for the new
property.
Due to the change in my marital and my financial status and becoming a single mom with three
kids, I would like to split my 17 acre property in two, and build a smaller home. The land
division would allow for my children to stay in the same schools and provide the city of
Muskego with additional income from the sale of the land, and also gain another property to
receive property income tax from.
I have met with surveyor in regards to a preliminary survey and in order for me to split the land
and meet the city requirements, I would need to purchase roughly 29,300 square feet.(0.67
acres). I already have completed the wetland delineation report to see if the land split is possible.
I can provide you with the report, if needed. I will get the official certified survey map, I will
cover the cost to the land assessment and any other cost associated with the land acquisition .
Thank you for the time to review my request for your recommendation and please let me know if
you need any other information.
Sincerely,
Sylwia Gorska-Enerson
9
Potential land purchase
10
My current property
with the potential
land division.
11
Approved by the Wisconsin Real Estate Examining Board
1/1/2021 (Optional Use Date) 2/1/2021 (Mandatory Use Date)Page 1 of 12, WB-13
WB-13 VACANT LAND OFFER TO PURCHASE
1 LICENSEE DRAFTING THIS OFFER ON [DATE] IS (AGENT OF BUYER)
2 (AGENT OF SELLER/LISTING FIRM) (AGENT OF BUYER AND SELLER) STRIKE THOSE NOT APPLICABLE
3 The Buyer,
4 offers to purchase the Property known as
5
6 [e.g., Street Address, Parcel Number(s), legal description, or insert additional description, if any, at lines 650-664, or
7 attach as an addendum per line 686] in the of ,
8 County of Wisconsin, on the following terms:
9 The purchase price isPURCHASE PRICE
10 Dollars ($ ).
11 Included in purchase price is the Property, all Fixtures on the Property as of the dateINCLUDED IN PURCHASE PRICE
12 stated on line 1 of this Offer (unless excluded at lines 17-18), and the following additional items:
13
14 NOTE: The terms of this Offer, not the listing contract or marketing materials, determine what items are included
15 or not included. Annual crops are not part of the purchase price unless otherwise agreed.
16 Not included in purchase price is Seller’s personal property (unless included atNOT INCLUDED IN PURCHASE PRICE
lines 12-13) and the following:17
18
19 CAUTION: Identify Fixtures that are on the Property (see lines 21-25) to be excluded by Seller or that are rented
and will continue to be owned by the lessor.20
21 “Fixture” is defined as an item of property which is physically attached to or so closely associated with land so as to be
22 treated as part of the real estate, including, without limitation, physically attached items not easily removable without damage
23 to the premises, items specifically adapted to the premises and items customarily treated as fixtures, including, but not
24 limited to, all: perennial crops, garden bulbs; plants; shrubs and trees; fences; storage buildings on permanent foundations
25 and docks/piers on permanent foundations.
26 CAUTION: Exclude any Fixtures to be retained by Seller or that are rented on lines 17-18 or at lines 650-664 or in
27 an addendum per line 686.
28 This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to BuyerBINDING ACCEPTANCE
.29 on or before
30 Seller may keep the Property on the market and accept secondary offers after binding acceptance of this Offer.
31 CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
32 ACCEPTANCE Acceptance occurs when all Buyers and Sellers have signed one copy of the Offer, or separate but identical
33 copies of the Offer.
34 CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider whether short term
35 Deadlines running from acceptance provide adequate time for both binding acceptance and performance.
36 CLOSING This transaction is to be closed on
37
38 at the place selected by Seller, unless otherwise agreed by the Parties in writing. If the date for closing falls on a Saturday,
39 Sunday, or a federal or a state holiday, the closing date shall be the next Business Day.
40 CAUTION: To reduce the risk of wire transfer fraud, any wiring instructions received should be independently
41 verified by phone or in person with the title company, financial institution, or entity directing the transfer. The real
42 estate licensees in this transaction are not responsible for the transmission or forwarding of any wiring or money
43 transfer instructions.
44 EARNEST MONEY
45 EARNEST MONEY of $ accompanies this Offer.
46 If Offer was drafted by a licensee, receipt of the earnest money accompanying this Offer is acknowledged.
47 EARNEST MONEY of $ will be mailed, or commercially, electronically
48 or personally delivered within days (“5” if left blank) after acceptance.
49 All earnest money shall be delivered to and held by (listing Firm) (drafting Firm) (other identified as
50 ) STRIKE THOSE NOT APPLICABLE
51 (listing Firm if none chosen; if no listing Firm, then drafting Firm; if no Firm then Seller).
52 CAUTION: If a Firm does not hold earnest money, an escrow agreement should be drafted by the Parties or an
53 attorney as lines 56-76 do not apply. If someone other than Buyer pays earnest money, consider a special
54 disbursement agreement.
55 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise agreed in writing.
Phone: Fax:
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Realty Executives Integrity-Brookfield
April 2, 2021
Sylwia G Enerson
Woods Rd city lot, .6726 acres
of tax key no. 2227.989.012,
city Muskego
Waukesha
Sixty-Five Thousand
65,000.00
n/a
n/a
April 30, 2021
a future date mutually agreed to by all parties.
Realty Executives Integrity-Brookfield, 13005 W. Bluemound Rd. Brookfield WI 53005 262-783-7080 262-783-4885 Woods Rd
Monica Duerwachter
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
1281
Property Address:Page 2 of 12, WB-13
56 DISBURSEMENT IF EARNEST MONEY HELD BY A FIRM: If negotiations do not result in an accepted offer and the
57 earnest money is held by a Firm, the earnest money shall be promptly disbursed (after clearance from payer's depository
58 institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest money shall
59 be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according
60 to a written disbursement agreement signed by all Parties to this Offer. If said disbursement agreement has not been
61 delivered to the Firm holding the earnest money within 60 days after the date set for closing, that Firm may disburse the
62 earnest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller;
63 (2) into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order; (4)
64 upon authorization granted within this Offer; or (5) any other disbursement required or allowed by law. The Firm may retain
65 legal services to direct disbursement per (1) or to file an interpleader action per (2) and the Firm may deduct from the
66 earnest money any costs and reasonable attorneys’ fees, not to exceed $250, prior to disbursement.
67 LEGAL RIGHTS/ACTION: The Firm’s disbursement of earnest money does not determine the legal rights of the Parties
68 in relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by the Firm holding the earnest
69 money. At least 30 days prior to disbursement per (1), (4) or (5) above, where the Firm has knowledge that either Party
70 disagrees with the disbursement, the Firm shall send Buyer and Seller written notice of the intent to disburse by certified
71 mail. If Buyer or Seller disagrees with the Firm’s proposed disbursement, a lawsuit may be filed to obtain a court order
72 regarding disbursement. Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of
73 residential property with one-to-four dwelling units. Buyer and Seller should consider consulting attorneys regarding their
74 legal rights under this Offer in case of a dispute. Both Parties agree to hold the Firm harmless from any liability for good
faith disbursement of earnest money in accordance with this Offer or applicable Department of Safety and Professional75
Services regulations concerning earnest money. See Wis. Admin. Code Ch. REEB 18.76
TIME IS OF THE ESSENCE “Time is of the Essence” as to: (1) earnest money payment(s); (2) binding acceptance; (3)77
occupancy; (4) date of closing; (5) contingency Deadlines STRIKE AS APPLICABLE and all other dates and Deadlines in78
this Offer except:79
. If “Time is of the Essence” applies to a date or Deadline,80
failure to perform by the exact date or Deadline is a breach of contract. If "Time is of the Essence" does not apply to a date81
or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs.82
83 VACANT LAND DISCLOSURE REPORT Wisconsin law requires owners of real property that does not include any
84 buildings to provide Buyers with a Vacant Land Disclosure Report. Excluded from this requirement are sales exempt from
85 the real estate transfer fee and sales by certain court-appointed fiduciaries, for example, personal representatives, who
86 have never occupied the Property. The form of the Report is found in Wis. Stat. § 709.033. The law provides: "§ 709.02
87 Disclosure . . . the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale . . ., to
88 the prospective buyer of the property a completed copy of the report . . . A prospective buyer who does not receive a report
89 within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale . . . by
90 delivering a written notice of rescission to the owner or the owner's agent." Buyer may also have certain rescission rights if
91 a Vacant Land Disclosure Report disclosing defects is furnished before expiration of the 10 days, but after the Offer is
92 submitted to Seller. Buyer should review the report form or consult with an attorney for additional information regarding
93 rescission rights.
94 PROPERTY CONDITION REPRESENTATIONS Seller represents to Buyer that as of the date of acceptance Seller has
95 no notice or knowledge of Conditions Affecting the Property or Transaction (lines 101-181) other than those identified in
96 Seller's Vacant Land Disclosure Report dated , which was received by Buyer prior to Buyer
signing this Offer and that is made a part of this Offer by reference97 COMPLETE DATE OR STRIKE AS APPLICABLE
and98
99
100 INSERT CONDITIONS NOT ALREADY INCLUDED IN THE DISCLOSURE REPORT
101 “Conditions Affecting the Property or Transaction” are defined to include:
102 a. Flooding, standing water, drainage problems, or other water problems on or affecting the Property.
b. Impact fees or another condition or occurrence that would significantly increase development costs or reduce the value103
104 of the property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
c. Brownfields (abandoned, idled, or underused land that may be subject to environmental contamination) or other105
106 contaminated land on the property, or that contaminated soils on the property have been cleaned up under the Petroleum
107 Environmental Cleanup Fund Act (PECFA), a Wisconsin Department of Natural Resources (DNR) remedial or cleanup
program, the DATCP Agricultural Chemical Cleanup Program, or other similar program.108
d. Subsoil conditions that would significantly increase the cost of development, including, but not limited to, subsurface109
foundations or waste material; any type of fill; dumpsites where pesticides, herbicides, fertilizer, or other toxic or hazardous110
111 materials or containers for these materials were disposed of in violation of manufacturer or government guidelines or other
laws regulating such disposal; high groundwater; adverse soil conditions, such as low load-bearing capacity, earth or soil112
movement, settling, upheavals, or slides; excessive rocks or rock formations; or other soil problems.113
e. Material violation of an environmental rule or other rule or agreement regulating the use of the Property.114
f. Defects caused by unsafe concentrations of, or unsafe conditions relating to, radon, radium in water supplies, lead in115
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Woods Rd city lot, .6726 acres , ,
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
1382
Property Address:Page 3 of 12, WB-13
116 soil, or other potentially hazardous or toxic substances on the Property; manufacture of methamphetamine or other
117 hazardous or toxic substances on the Property; or high voltage electric (100 KV or greater) or steel natural gas transmission
118 lines located on but not directly serving the Property.
119 g. Defects caused by unsafe concentrations of, unsafe conditions relating to, or the storage of, hazardous or toxic
120 substances on neighboring properties.
h. The Property is served by a joint well; Defects related to a joint well serving the Property; or Defects in a well on the121
Property or in a well that serves the Property, including unsafe well water due to contaminants such as coliform, nitrates, or122
atrazine, or any out-of-service wells or cisterns that are required to be abandoned (see § NR 812.26, Wis. Adm. Code) but123
that are not closed or abandoned according to applicable regulations.124
i. Defects in any septic system or other private sanitary disposal system on the Property; or any out-of-service septic125
system serving the Property not closed or abandoned according to applicable regulations.
j. Underground or aboveground fuel storage tanks presently or previously on the Property for storage of flammable or127
combustible liquids including, but not limited to, gasoline or heating oil; or Defects in the underground or aboveground fuel128
storage tanks on or previously located on the Property. Defects in underground or aboveground fuel storage tanks may129
include items such as abandoned tanks not closed in conformance with applicable local, state, and federal law; leaking;130
corrosion; or failure to meet operating standards. (The owner, by law, may have to register the tanks with the Department131
of Agriculture, Trade and Consumer Protection at P.O. Box 8911, Madison, Wisconsin, 53708, whether the tanks are in use132
or not. Department regulations may require closure or removal of unused tanks.)133
k. Existing or abandoned manure storage facilities located on the property.134
l. Notice of property tax increases, other than normal annual increases, or pending Property tax reassessment;135
remodeling that may increase the Property's assessed value; pending special assessments; or Property is within a special136
purpose district, such as a drainage district, that has authority to impose assessments on the Property.137
m. Proposed, planned, or commenced public improvements or public construction projects that may result in special138
assessments or that may otherwise materially affect the Property or the present use of the Property; or any land division139
involving the Property without required state or local permits.140
n. The Property is part of or subject to a subdivision homeowners’ association; or the Property is not a condominium unit141
142 and there are common areas associated with the Property that are co-owned with others.
143 o. Any zoning code violations with respect to the Property; the Property or any portion thereof is located in a floodplain,
wetland or shoreland zoning area under local, state or federal regulations; or the Property is subject to a mitigation plan144
required by Wisconsin Department of Natural Resources (DNR) rules related to county shoreland zoning ordinances, that145
146 obligates the Property owner to establish or maintain certain measures related to shoreland conditions, enforceable by the
147 county.
148 p. Nonconforming uses of the Property (a nonconforming use is a use of land that existed lawfully before the current zoning
ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance); conservation149
easements (a conservation easement is a legal agreement in which a property owner conveys some of the rights associated150
with ownership of his or her property to an easement holder such as a governmental unit or a qualified nonprofit organization151
to protect the natural habitat of fish, wildlife, or plants or a similar ecosystem, preserve areas for outdoor recreation or152
education, or for similar purposes); restrictive covenants or deed restrictions on the Property; or, other than public rights-of-153
way, nonowners having rights to use part of the Property, including, but not limited to, private rights-of-way and easements154
other than recorded utility easements.155
156 q. All or part of the Property has been assessed as agricultural land; has been assessed a use-value assessment
157 conversion charge; or payment of a use-value assessment conversion charge has been deferred.
r. All or part of the Property is subject to, enrolled in, or in violation of a farmland preservation agreement, Forest Crop158
Law, Managed Forest Law, the Conservation Reserve Program, or a comparable program.159
160 s. A dam is totally or partially located on the Property; or an ownership interest in a dam not located on the Property will
be transferred with the Property because the dam is owned collectively by a homeowners’ association, lake district, or161
162 similar group of which the Property owner is a member.
163 t. No legal access to the Property; or boundary or lot line disputes, encroachments or encumbrances (including a joint
164 driveway) affecting the Property. Encroachments often involve some type of physical object belonging to one person but
165 partially located on or overlapping on land belonging to another; such as, without limitation, fences, houses, garages,
166 driveways, gardens, and landscaping. Encumbrances include, without limitation, a right or claim of another to a portion of
the Property or to the use of the Property such as a joint driveway, liens, and licenses.167
168 u. Government agency, court order, or federal, state, or local regulations requiring repair, alteration or correction of an
169 existing condition.
170 v. A pier attached to the Property not in compliance with state or local pier regulations; a written agreement affecting
171 riparian rights related to the Property; or the bed of the abutting navigable waterway is owned by a hydroelectric operator.
172 w. Material damage from fire, wind, flood, earthquake, expansive soil, erosion, or landslide.
173 x. Significant odor, noise, water diversion, water intrusion, or other irritants emanating from neighboring property.
174 y. Significant crop damage from disease, insects, soil contamination, wildlife, or other causes; diseased or dying trees or
175 shrubs; or substantial injuries or disease in livestock on the Property or neighboring property.
z. Animal, reptile, or other insect infestations; drainage easement or grading problems; excessive sliding; or any other176
177 Defect or material condition.
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Woods Rd city lot, .6726 acres , , Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
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aa. Archeological artifacts, mineral rights, orchards, or endangered species, or one or more burial sites on the Property.178
179 Owner is a foreign person as defined in the Foreign Investment in Real Property Tax Act in 26 IRC § 1445(f).bb.
cc. Other Defects affecting the Property such as any agreements that bind subsequent owners of the property, such as a180
lease agreement or an extension of credit from an electric cooperative.181
182 GOVERNMENT PROGRAMS:Seller shall deliver to Buyer, within days (“15” if left blank) after acceptance
of this Offer, a list of all federal, state, county, and local conservation, farmland, environmental, or other land use programs,183
184 agreements, restrictions, or conservation easements, which apply to any part of the Property (e.g., farmland preservation
agreements, farmland preservation or exclusive agricultural zoning, use value assessments, Forest Crop, Managed Forest,185
Conservation Reserve Program, wetland mitigation, shoreland zoning mitigation plan or comparable programs), along with186
187 disclosure of any penalties, fees, withdrawal charges, or payback obligations pending, or currently deferred, if any. This
contingency will be deemed satisfied unless Buyer delivers to Seller, within 7 days after the deadline for delivery, a notice188
189 terminating this Offer based upon the use restrictions, program requirements, and/or amount of any penalty, fee, charge, or
190 payback obligation.
CAUTION: If Buyer does not terminate this Offer, Buyer is hereby agreeing that Buyer will continue in such191
programs, as may apply, and Buyer agrees to reimburse Seller should Buyer fail to continue any such program192
such that Seller incurs any costs, penalties, damages, or fees that are imposed because the program is not193
194 continued after sale. The Parties agree this provision survives closing.
195 MANAGED FOREST LAND:If all, or part, of the Property is managed forest land under the Managed Forest Law (MFL)
program, this designation will continue after closing. Buyer is advised as follows: The MFL is a landowner incentive196
197 program that encourages sustainable forestry on private woodlands by reducing and deferring property taxes. Orders
198 designating lands as managed forest lands remain in effect for 25 or 50 years. When ownership of land enrolled in the
MFL program changes, the new owner must sign and file a report of the change of ownership on a form provided by the199
200 Department of Natural Resources and pay a fee. By filing this form, the new owner agrees to the associated MFL
management plan and the MFL program rules. The DNR Division of Forestry monitors forest management plan201
202 compliance. Changes a landowner makes to property that is subject to an order designating it as managed forest land,
or to its use, may jeopardize benefits under the program or may cause the property to be withdrawn from the program203
and may result in the assessment of penalties. For more information call the local DNR forester or visit204
https://dnr.wisconsin.gov/topic/forestry .205
USE VALUE ASSESSMENTS:The use value assessment system values agricultural land based on the income that206
207 would be generated from its rental for agricultural use rather than its fair market value. When a person converts agricultural
208 land to a non-agricultural use (e.g., residential or commercial development), that person may owe a conversion charge.
To obtain more information about the use value law or conversion charge, contact the Wisconsin Department of Revenue's209
210 Equalization Bureau or visit http://www.revenue.wi.gov/.
211 FARMLAND PRESERVATION:The early termination of a farmland preservation agreement or removal of land from such
212 an agreement can trigger payment of a conversion fee equal to 3 times the per acre value of the land. Contact the
213 Wisconsin Department of Agriculture, Trade and Consumer Protection Division of Agricultural Resource Management or
visit http://www.datcp.state.wi.us/for more information.214
215 CONSERVATION RESERVE PROGRAM (CRP):The CRP encourages farmers, through contracts with the U.S.
Department of Agriculture, to stop growing crops on highly erodible or environmentally sensitive land and instead to plant216
217 a protective cover of grass or trees. CRP contracts run for 10 to 15 years, and owners receive an annual rent as well as
218 certain incentive payments and cost share assistance for establishing long-term, resource-conserving ground cover.
Removing lands from the CRP in breach of a contract can be quite costly. For more information call the state Farm Service219
Agency office or visit http://www.fsa.usda.gov/220 .SHORELAND ZONING ORDINANCES:All counties must adopt uniform shoreland zoning ordinances in compliance with221
Wis. Admin. Code Chapter NR 115. County shoreland zoning ordinances apply to all unincorporated land within 1,000222
223 feet of a navigable lake, pond or flowage or within 300 feet of a navigable river or stream and establish minimum standards
for building setbacks and height limits, cutting trees and shrubs, lot sizes, water runoff, impervious surface standards (that224
may be exceeded if a mitigation plan is adopted and recorded) and repairs to nonconforming structures. Buyers must225
conform to any existing mitigation plans. For more information call the county zoning office or visit https://dnr.wi.gov/.226
Buyer is advised to check with the applicable city, town or village for additional shoreland zoning or shoreland-wetland227
228 zoning restrictions, if any.
FENCES:Wis. Stat. § 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal shares229
230 where one or both of the properties is used and occupied for farming or grazing purposes.
231 CAUTION: Consider an agreement addressing responsibility for fences if Property or adjoining land is used and
occupied for farming or grazing purposes.232
233 PROPERTY DEVELOPMENT WARNING:If Buyer contemplates developing Property for a use other than the current use,
234 there are a variety of issues that should be addressed to ensure the development or new use is feasible. Buyer is solely
responsible to verify the current zoning allows for the proposed use of the Property at lines 251-255. Municipal and zoning235
236 ordinances, recorded building and use restrictions, covenants and easements may prohibit certain improvements or uses
and therefore should be reviewed. Building permits, zoning or zoning variances, Architectural Control Committee approvals,237
estimates for utility hook-up expenses, special assessments, changes for installation of roads or utilities, environmental238
239 audits, subsoil tests, or other development related fees may need to be obtained or verified in order to determine the
240 feasibility of development of, or a particular use for, a property. Optional contingencies that allow Buyer to investigate certain
of these issues can be found at lines 244-304 and Buyer may add contingencies as needed in addenda (see line 686).241
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242 Buyer should review any plans for development or use changes to determine what issues should be addressed in these
243 contingencies.
244 PROPOSED USE CONTINGENCIES:This Offer is contingent upon Buyer obtaining, at Buyer’s expense, the reports or
245 documentation required by any optional provisions checked on lines 256-281 below. The optional provisions checked on
lines 256-281 shall be deemed satisfied unless Buyer, within days (“30” if left blank) after acceptance, delivers: (1)246
written notice to Seller specifying those optional provisions checked below that cannot be satisfied and (2) written evidence247
248 substantiating why each specific provision referred to in Buyer’s notice cannot be satisfied. Upon delivery of Buyer’s notice,
249 this Offer shall be null and void. Seller agrees to cooperate with Buyer as necessary to satisfy the contingency provisions
250 checked at lines 256-281.
Proposed Use:Buyer is purchasing the Property for the purpose of:251
252
253 [insert proposed use
254 and type or style of building(s), size and proposed building location(s), if a requirement of Buyer’s condition to
purchase, e.g.1400-1600 sq. ft. three-bedroom single family ranch home in northwest corner of lot].255
ZONING:Verification of zoning and that the Property’s zoning allows Buyer’s proposed use described at lines256
251-255.257
SUBSOILS:Written evidence from a qualified soils expert that the Property is free of any subsoil condition that258
would make the proposed use described at lines 251-255 impossible or significantly increase the costs of such259
development.260
PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM (POWTS) SUITABILITY:Written evidence from a261
certified soils tester that: (a) the soils at the Property locations selected by Buyer, and (b) all other conditions that must262
be approved, meet the legal requirements in effect on the date of this Offer to obtain a permit for a POWTS for use of263
the Property as stated on lines 251-255. The POWTS (septic system) allowed by the written evidence must be one of264
the following POWTS that is approved by the State for use with the type of property identified at lines 251-255 CHECK265
ALL THAT APPLY conventional in-ground; mound; at grade; in-ground pressure distribution; holding266
tank; other:.267
EASEMENTS AND RESTRICTIONS:Copies of all public and private easements, covenants and restrictions268
affecting the Property and a written determination by a qualified independent third party that none of these prohibit or269significantly delay or increase the costs of the proposed use or development identified at lines 251-255.270
APPROVALS/PERMITS:Permits, approvals and licenses, as appropriate, or the final discretionary action by the271granting authority prior to the issuance of such permits or building permit, approvals and licenses, for the following items272
related to Buyer’s proposed use:273
274 .275 UTILITIES:Written verification of the location of the following utility service connections (e.g., on the Property, at
the lot line, across the street, etc.) CHECK AND COMPLETE AS APPLICABLE :276
277 electricity ;gas ; sewer ;
278 water ; telephone ; cable ;
279 other .
280 ACCESS TO PROPERTY:Written verification that there is legal vehicular access to the Property from public
281 roads.
282 LAND USE APPROVAL/PERMITS:This Offer is contingent upon (Buyer)(Seller) STRIKE ONE (“Buyer” if neither
stricken) obtaining the following, including all costs: a CHECK ALL THAT APPLY rezoning; conditional use permit;283
284 variance; other for the Property for its proposed use described at lines 251-255.
285 Seller agrees to cooperate with Buyer as necessary to satisfy this contingency. Buyer shall deliver, within days of
acceptance, written notice to Seller if any item cannot be obtained, in which case this Offer shall be null and void.286
MAP OF THE PROPERTY:This Offer is contingent upon (Buyer obtaining) (Seller providing) STRIKE ONE (“Seller287
providing” if neither is stricken) a Map of the Property dated subsequent to the date of acceptance of this Offer prepared by288
289 STRIKE ONEa registered land surveyor, within days (“30” if left blank) after acceptance, at (Buyer's) (Seller's)
290 (“Seller’s” if neither is stricken) expense. The map shall show minimum of acres, maximum of
291 acres, the legal description of the Property, the Property's boundaries and dimensions, visible encroachments upon the
Property, the location of improvements, if any, and:292
293
STRIKE AND COMPLETE AS APPLICABLE Additional map features that may294
295 be added include but are not limited to: staking of all corners of the Property; identifying dedicated and apparent streets; lot
296 dimensions; total acreage or square footage; easements or rights-of-way.
297 CAUTION: Consider the cost and the need for map features before selecting them. Also consider the time required
298 to obtain the map when setting the deadline.
This contingency shall be deemed satisfied unless Buyer, within 5 days after the deadline for delivery of said map, delivers299
to Seller a copy of the map and a written notice which identifies: (1) the significant encroachment; (2) information materially300
inconsistent with prior representations; or (3) failure to meet requirements stated within this contingency. Upon delivery of301
302 Buyer’s notice, this Offer shall be null and void. Once the deadline for delivery has passed, if Seller was responsible to
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303 provide the map and failed to timely deliver the map to Buyer, Buyer may terminate this Offer if Buyer delivers a written
304 notice of termination to Seller prior to Buyer’s Actual Receipt of said map from Seller.
INSPECTIONS AND TESTING Buyer may only conduct inspections or tests if specific contingencies are included as a305
306 part of this Offer. An “inspection” is defined as an observation of the Property, which does not include an appraisal or testing
307 of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a fuel
308 source, which are hereby authorized. A “test” is defined as the taking of samples of materials such as soils, water, air or
309 building materials from the Property for laboratory or other analysis of these materials. Seller agrees to allow Buyer’s
310 inspectors, testers and appraisers reasonable access to the Property upon advance notice, if necessary, to satisfy the
311 contingencies in this Offer. Buyer or licensees or both may be present at all inspections and testing. Except as otherwise
312 provided, Seller’s authorization for inspections does not authorize Buyer to conduct testing of the Property.
313 NOTE: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose of
314 the test (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any
315 other material terms of the contingency.
316 Buyer agrees to promptly restore the Property to its original condition after Buyer’s inspections and testing are completed
317 unless otherwise agreed to with Seller. Buyer agrees to promptly provide copies of all inspection and testing reports to
318 Seller. Seller acknowledges that certain inspections or tests may detect environmental pollution that may be required to be
319 reported to the Wisconsin Department of Natural Resources.
320 INSPECTION CONTINGENCY:This contingency only authorizes inspections, not testing (see lines 305-319).
321 (1) This Offer is contingent upon a qualified independent inspector conducting an inspection of the Property after the date
322 on line 1 of this Offer that discloses no Defects.
323 (2) This Offer is further contingent upon a qualified independent inspector or independent qualified third party performing an
324 inspection of
325 (list any Property component(s)
326 to be separately inspected, e.g., dumpsite, timber quality, invasive species, etc.) that discloses no Defects.
327 (3) Buyer may have follow-up inspections recommended in a written report resulting from an authorized inspection, provided
328 they occur prior to the Deadline specified at line 333. Inspection(s) shall be performed by a qualified independent
329 inspector or independent qualified third party.
330 Buyer shall order the inspection(s) and be responsible for all costs of inspection(s).
331 CAUTION: Buyer should provide sufficient time for the Property inspection and/or any specialized inspection(s),
332 as well as any follow-up inspection(s).
333 This contingency shall be deemed satisfied unless Buyer, within days (“15” if left blank) after acceptance, delivers
334 to Seller a copy of the written inspection report(s) dated after the date on line 1 of this Offer and a written notice listing the
335 Defect(s) identified in those report(s) to which Buyer objects (Notice of Defects).
336 CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement.
337 For the purposes of this contingency, Defects do not include structural, mechanical or other conditions the nature and extent
338 of which Buyer had actual knowledge or written notice before signing this Offer.
339 NOTE: “Defect” as defined on lines 553-555 means a condition that would have a significant adverse effect on the
340 value of the Property; that would significantly impair the health or safety of future occupants of the Property; or
341 that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life
342 of the premises.
343 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure the Defects.
344 If Seller has the right to cure, Seller may satisfy this contingency by:
345 (“10” if left blank) days after Buyer's delivery of the Notice of Defects(1) delivering written notice to Buyer within
346 stating Seller’s election to cure Defects;
347 (2) curing the Defects in a good and workmanlike manner; and
348 (3) delivering to Buyer a written report detailing the work done no later than three days prior to closing.
349 This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and:
350 (1) Seller does not have the right to cure; or
351 (2) Seller has the right to cure but:
352 (a) Seller delivers written notice that Seller will not cure; or
353 (b) Seller does not timely deliver the written notice of election to cure.
354 IF LINE 355 IS NOT MARKED OR IS MARKED N/A LINES 403-414 APPLY.
355 FINANCING COMMITMENT CONTINGENCY:This Offer is contingent upon Buyer being able to obtain a written
356 [loan type or specific lender, if any] first mortgage loan commitment as described
357 below, within days after acceptance of this Offer. The financing selected shall be in an amount of not less than $
358 for a term of not less than years, amortized over not less than years. Initial
monthly payments of principal and interest shall not exceed $ . Buyer acknowledges that lender’s359
required monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance360
premiums, and private mortgage insurance premiums. The mortgage shall not include a prepayment premium. Buyer agrees361
to pay discount points in an amount not to exceed % (“0” if left blank) of the loan. If Buyer is using multiple loan362
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sources or obtaining a construction loan or land contract financing, describe at lines 650-664 or in an addendum attached363
364 per line 686. Buyer agrees to pay all customary loan and closing costs, wire fees, and loan origination fees, to promptly
apply for a mortgage loan, and to provide evidence of application promptly upon request of Seller. Seller agrees to allow365
lender’s appraiser access to the Property.366
367 LOAN AMOUNT ADJUSTMENT: If the purchase price under this Offer is modified, any financed amount, unless otherwise
provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments368
shall be adjusted as necessary to maintain the term and amortization stated above.369
CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 371 or 372.370
371 %.FIXED RATE FINANCING:The annual rate of interest shall not exceed
372 ADJUSTABLE RATE FINANCING:The initial interest rate shall not exceed %. The initial interest rate
373 shall be fixed for months, at which time the interest rate may be increased not more than % (“2” if
374 left blank) at the first adjustment and by not more than % (“1” if left blank) at each subsequent adjustment.
375 The maximum interest rate during the mortgage term shall not exceed the initial interest rate plus % (“6” if
left blank). Monthly payments of principal and interest may be adjusted to reflect interest changes.376
377 SATISFACTION OF FINANCING COMMITMENT CONTINGENCY: If Buyer qualifies for the loan described in this Offer
378 or another loan acceptable to Buyer, Buyer agrees to deliver to Seller a copy of a written loan commitment.
379 This contingency shall be satisfied if, after Buyer’s review, Buyer delivers to Seller a copy of a written loan commitment
380 (even if subject to conditions) that is:
(1) signed by Buyer; or381
(2) accompanied by Buyer’s written direction for delivery.382
383 Delivery of a loan commitment by Buyer’s lender or delivery accompanied by a notice of unacceptability shall not satisfy
384 this contingency.
385 CAUTION: The delivered loan commitment may contain conditions Buyer must yet satisfy to obligate the lender to
386 provide the loan. Buyer understands delivery of a loan commitment removes the Financing Commitment
Contingency from the Offer and shifts the risk to Buyer if the loan is not funded.387
SELLER TERMINATION RIGHTS: If Buyer does not deliver a loan commitment on or before the Deadline on line 357.388
389 Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller’s Actual Receipt of
390 written loan commitment from Buyer.
391 FINANCING COMMITMENT UNAVAILABILITY: If a financing commitment is not available on the terms stated in this
Offer (and Buyer has not already delivered an acceptable loan commitment for other financing to Seller), Buyer shall392
promptly deliver written notice to Seller of same including copies of lender(s)' rejection letter(s) or other evidence of393
394 unavailability.
395 SELLER FINANCING:Seller shall have 10 days after the earlier of:
(1) Buyer delivery of written notice of evidence of unavailability as noted in lines 391-394: or396
(2) the Deadline for delivery of the loan commitment on line 357,397
to deliver to Buyer written notice of Seller's decision to (finance this transaction with a note and mortgage under the same398
399 terms set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing extended accordingly.
If Seller's notice is not timely given, the option for Seller to provide financing shall be considered waived. Buyer agrees to400
401 cooperate with and authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit
worthiness for Seller financing.402
IF THIS OFFER IS NOT CONTINGENT ON FINANCING COMMITMENT Within days (“7” if left blank) after403
acceptance, Buyer shall deliver to Seller either:404
(1) reasonable written verification from a financial institution or third party in control of Buyer’s funds that Buyer has, at405
406 the time of verification, sufficient funds to close; or
407 (2)
408 [Specify documentation Buyer agrees to deliver to Seller].
409 If such written verification or documentation is not delivered, Seller has the right to terminate this Offer by delivering written
notice to Buyer prior to Seller’s Actual Receipt of a copy of Buyer’s written verification. Buyer may or may not obtain410
mortgage financing but does not need the protection of a financing commitment contingency. Seller agrees to allow Buyer’s411
appraiser access to the Property for purposes of an appraisal. Buyer understands and agrees that this Offer is not subject412
to the appraisal meeting any particular value, unless this Offer is subject to an appraisal contingency, nor does the right of413
access for an appraisal constitute a financing commitment contingency.414
APPRAISAL CONTINGENCY:This Offer is contingent upon Buyer or Buyer’s lender having the Property appraised415
at Buyer’s expense by a Wisconsin licensed or certified independent appraiser who issues an appraisal report dated416
subsequent to the date stated on line 1 of this Offer, indicating an appraised value for the Property equal to or greater than417
the agreed upon purchase price.418
This contingency shall be deemed satisfied unless Buyer, within days after acceptance, delivers to Seller a copy419
of the appraisal report indicating an appraised value less than the agreed upon purchase price, and a written notice objecting420
to the appraised value.421
422 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure.
423 If Seller has the right to cure, Seller may satisfy this contingency by delivering written notice to Buyer adjusting the purchase
price to the value shown on the appraisal report within days (“5” if left blank) after Buyer’s delivery of the appraisal424
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report and the notice objecting to the appraised value. Seller and Buyer agree to promptly execute an amendment initiated425
426 by either party after delivery of Seller’s notice, solely to reflect the adjusted purchase price.
427 This Offer shall be null and void if Buyer makes timely delivery of the notice objecting to appraised value and the written
428 appraisal report and:
429 (1) Seller does not have the right to cure; or
430 (2) Seller has the right to cure but:
431 (a) Seller delivers written notice that Seller will not adjust the purchase price; or
432 (b) Seller does not timely deliver the written notice adjusting the purchase price to the value shown on the appraisal
433 report.
434 NOTE: An executed FHA, VA or USDA Amendatory clause may supersede this contingency.
435 CLOSING OF BUYER'S PROPERTY CONTINGENCY:This Offer is contingent upon the closing of the sale of
Buyer’s property located at436
437 no later than (the Deadline). If closing does not occur by the Deadline, this Offer shall
438 become null and void unless Buyer delivers to Seller, on or before the Deadline, reasonable written verification from a
439 financial institution or third party in control of Buyer's funds that Buyer has, at the time of verification, sufficient funds to close
440 or proof of bridge loan financing, along with a written notice waiving this contingency. Delivery of verification or proof of
441 bridge loan shall not extend the closing date for this Offer.
BUMP CLAUSE:If Seller accepts a bona fide secondary offer, Seller may give written notice to Buyer that another442
offer has been accepted. If Buyer does not deliver to Seller the documentation listed below within443 hours (“72” if
444 left blank) after Buyer's Actual Receipt of said notice, this Offer shall be null and void. Buyer must deliver the following:
445 (1) Written waiver of the Closing of Buyer's Property Contingency if line 435 is marked;
446 (2) Written waiver of
447 (name other contingencies, if any); and
448 (3) Any of the following checked below:
449 Proof of bridge loan financing.
450 Proof of ability to close from a financial institution or third party in control of Buyer’s funds which shall provide
451 Seller with reasonable written verification that Buyer has, at the time of verification, sufficient funds to close.
452 Other:
453
454 [insert other requirements, if any (e.g., payment of additional earnest money, etc.)]
455 SECONDARY OFFER:This Offer is secondary to a prior accepted offer. This Offer shall become primary upon
456 delivery of written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer
457 notice prior to any Deadline, nor is any particular secondary buyer given the right to be made primary ahead of other
458 secondary buyers. Buyer may declare this Offer null and void by delivering written notice of withdrawal to Seller prior to
459 delivery of Seller's notice that this Offer is primary. Buyer may not deliver notice of withdrawal earlier than days (“7”
460 if left blank) after acceptance of this Offer. All other Offer Deadlines that run from acceptance shall run from the time this
461 Offer becomes primary.
462 HOMEOWNERS ASSOCIATION If this Property is subject to a homeowners association, Buyer is aware the Property may
463 be subject to periodic association fees after closing and one-time fees resulting from transfer of the Property. Any one-time
464 fees resulting from transfer of the Property shall be paid at closing by (Seller) (Buyer) STRIKE ONE (“Buyer” if neither is
465 stricken).
466 CLOSING PRORATIONS The following items, if applicable, shall be prorated at closing, based upon date of closing values:
467 real estate taxes, rents, prepaid insurance (if assumed), private and municipal charges, property owners or homeowners
468 association assessments, fuel and .
469 CAUTION: Provide basis for utility charges, fuel or other prorations if date of closing value will not be used.
Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing.470
Real estate taxes shall be prorated at closing based on CHECK BOX FOR APPLICABLE PRORATION FORMULA :471
472 The net general real estate taxes for the preceding year, or the current year if available (Net general real estate
473 taxes are defined as general property taxes after state tax credits and lottery credits are deducted.) NOTE: THIS CHOICE
474 APPLIES IF NO BOX IS CHECKED.
475 Current assessment times current mill rate (current means as of the date of closing).
476 Sale price, multiplied by the municipality area-wide percent of fair market value used by the assessor in the prior
year, or current year if known, multiplied by current mill rate (current means as of the date of closing).477
.478
CAUTION: Buyer is informed that the actual real estate taxes for the year of closing and subsequent years may be479
substantially different than the amount used for proration especially in transactions involving new construction,480
extensive rehabilitation, remodeling or area-wide re-assessment. Buyer is encouraged to contact the local481
assessor regarding possible tax changes.482
Buyer and Seller agree to re-prorate the real estate taxes, through the day prior to closing based upon the taxes on483
the actual tax bill for the year of closing, with Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5484
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Woods Rd city lot, .6726 acres , ,
n/a
n/a
n/a
X
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
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Property Address:Page 9 of 12, WB-13
485 days of receipt, forward a copy of the bill to the forwarding address Seller agrees to provide at closing. The Parties shall
486 re-prorate within 30 days of Buyer’s receipt of the actual tax bill. Buyer and Seller agree this is a post-closing obligation
and is the responsibility of the Parties to complete, not the responsibility of the real estate Firms in this transaction.487
488 TITLE EVIDENCE
489 CONVEYANCE OF TITLE:Upon payment of the purchase price, Seller shall convey the Property by warranty deed
(trustee’s deed if Seller is a trust, personal representative’s deed if Seller is an estate or other conveyance as490
491 provided herein), free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements
492 entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use
493 restrictions and covenants, present uses of the Property in violation of the foregoing disclosed in Seller’s Vacant Land
494 Disclosure Report and in this Offer, general taxes levied in the year of closing and
495
(insert other allowable exceptions from title, if496
497 any) that constitutes merchantable title for purposes of this transaction. Seller, at Seller’s cost, shall complete and execute
498 the documents necessary to record the conveyance and pay the Wisconsin Real Estate Transfer Fee.
WARNING: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements499
500 may prohibit certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates
501 making improvements to Property or a use other than the current use.
502 TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of
503 the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. Seller shall
pay all costs of providing title evidence to Buyer. Buyer shall pay the costs of providing the title evidence required by Buyer’s504
505 lender and recording the deed or other conveyance.
506 GAP ENDORSEMENT: Seller shall provide a “gap” endorsement or equivalent gap coverage at (Seller’s)(Buyer’s)
507 STRIKE ONE (“Seller’s” if neither stricken) cost to provide coverage for any liens or encumbrances first filed or recorded
508 after the commitment date of the title insurance commitment and before the deed is recorded, subject to the title insurance
509 policy conditions, exclusions and exceptions, provided the title company will issue the coverage. If a gap endorsement or
510 equivalent gap coverage is not available, Buyer may give written notice that title is not acceptable for closing (see lines 516-
511 523).
512 DELIVERY OF MERCHANTABLE TITLE: The required title insurance commitment shall be delivered to Buyer's attorney
513 or Buyer not more than days after acceptance (“15” if left blank), showing title to the Property as of a date no more
514 than 15 days before delivery of such title evidence to be merchantable per lines 489-498, subject only to liens which will be
515 paid out of the proceeds of closing and standard title insurance requirements and exceptions, as appropriate.
516 TITLE NOT ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of
517 days (“15” if left blank) after delivery of the title commitment to Buyer or Buyer’s attorney. Inobjections to title within
518 such event, Seller shall have days (“15” if left blank) from Buyer’s delivery of the notice stating title objections, to
519 deliver notice to Buyer stating Seller’s election to remove the objections by the time set for closing. If Seller is unable to
520 remove said objections, Buyer shall have five days from receipt of notice thereof, to deliver written notice waiving the
521 objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, Buyer shall deliver
522 written notice of termination and this Offer shall be null and void. Providing title evidence acceptable for closing does not
523 extinguish Seller’s obligations to give merchantable title to Buyer.
524 SPECIAL ASSESSMENTS/OTHER EXPENSES: Special assessments, if any, levied or for work actually commenced
525 prior to the date stated on line 1 of this Offer shall be paid by Seller no later than closing. All other special assessments
526 shall be paid by Buyer. “Levied” means the local municipal governing body has adopted and published a final resolution
527 describing the planned improvements and the assessment of benefits.
528 CAUTION: Consider a special agreement if area assessments, property owners association assessments, special
529 charges for current services under Wis. Stat. § 66.0627 or other expenses are contemplated. “Other expenses” are
530 one-time charges or ongoing use fees for public improvements (other than those resulting in special assessments)
531 relating to curb, gutter, street, sidewalk, municipal water, sanitary and storm water and storm sewer (including all
532 sewer mains and hook-up/connection and interceptor charges), parks, street lighting and street trees, and impact
533 fees for other public facilities, as defined in Wis. Stat. § 66.0617(1)(f).
LEASED PROPERTY534 If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights
535 under said lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the
536 (written) (oral) STRIKE ONE lease(s), if any, are
537
538 . Insert additional terms, if any, at lines 650-664 or attach as an addendum per line 686.
539 DEFINITIONS
540 ACTUAL RECEIPT: “Actual Receipt” means that a Party, not the Party’s recipient for delivery, if any, has the document
541 or written notice physically in the Party’s possession, regardless of the method of delivery. If the document or written notice
542 is electronically delivered, Actual Receipt shall occur when the Party opens the electronic transmission.
543 BUSINESS DAY: “Business Day” means a calendar day other than Saturday, Sunday, any legal public holiday under
544 Wisconsin or Federal law, and any other day designated by the President such that the postal service does not receive
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Woods Rd city lot, .6726 acres , ,
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
2089
Property Address:Page 10 of 12, WB-13
545 registered mail or make regular deliveries on that day.
546 DEADLINES: “Deadlines” expressed as a number of “days” from an event, such as acceptance, are calculated by
excluding the day the event occurred and by counting subsequent calendar days. The Deadline expires at Midnight on the547
548 last day. Additionally, Deadlines expressed as a specific number of Business Days are calculated in the same manner
except that only Business Days are counted while other days are excluded. Deadlines expressed as a specific number of549
550 “hours” from the occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by
551 counting 24 hours per calendar day. Deadlines expressed as a specific day of the calendar year or as the day of a specific
552 event, such as closing, expire at Midnight of that day. “Midnight” is defined as 11:59 p.m. Central Time.
553 DEFECT: “Defect” means a condition that would have a significant adverse effect on the value of the Property; that would
554 significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would
significantly shorten or adversely affect the expected normal life of the premises.555
FIRM: “Firm” means a licensed sole proprietor broker or a licensed broker business entity.556
557 PARTY: “Party” means the Buyer or the Seller; “Parties” refers to both the buyer and the Seller.
558 PROPERTY: Unless otherwise stated, “Property” means the real estate described at lines 4-8.
559 INCLUSION OF OPTIONAL PROVISIONS Terms of this Offer that are preceded by an OPEN BOX ( ) are part of
560 this offer ONLY if the box is marked such as with an “X”. They are not part of this offer if marked “N/A” or are left blank.
PROPERTY DIMENSIONS AND SURVEYS Buyer acknowledges that any land dimensions, or total acreage or square561
562 footage figures, provided to Buyer by Seller or by a Firm or its agents, may be approximate because of rounding, formulas
563 used or other reasons, unless verified by survey or other means.
564 CAUTION: Buyer should verify total square footage formula, total square footage/acreage figures, and land
565 dimensions, if material.
566 DISTRIBUTION OF INFORMATION Buyer and Seller authorize the agents of Buyer and Seller to: (i) distribute copies of
the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement service providers for the567
568 transaction as defined by the Real Estate Settlement Procedures Act (RESPA); (ii) report sales and financing concession
569 data to multiple listing service sold databases; (iii) provide active listing, pending sale, closed sale and financing concession
570 information and data, and related information regarding seller contributions, incentives or assistance, and third party gifts,
571 to appraisers researching comparable sales, market conditions and listings, upon inquiry; and (iv) distribute copies of this
572 Offer to the seller or seller’s agent of another property that Seller intends on purchasing.
573 MAINTENANCE Seller shall maintain the Property and all personal property included in the purchase price until the earlier
574 of closing or Buyer’s occupancy, in materially the same condition it was in as of the date on line 1 of this Offer, except for
ordinary wear and tear.575
PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING If, prior to closing, the Property is damaged in an576
577 amount not more than five percent of the purchase price, other than normal wear and tear, Seller shall promptly notify Buyer
578 in writing, and will be obligated to restore the Property to materially the same condition it was in as of the date on line 1 of
579 this Offer. Seller shall provide Buyer with copies of all required permits and lien waivers for the lienable repairs no later than
580 closing. If the amount of damage exceeds five percent of the purchase price, Seller shall promptly notify Buyer in writing of
581 the damage and this Offer may be terminated at option of Buyer. Should Buyer elect to carry out this Offer despite such
582 damage, Buyer shall be entitled to the insurance proceeds, if any, relating to the damage to the Property, plus a credit
583 towards the purchase price equal to the amount of Seller's deductible on such policy, if any. However, if this sale is financed
584 by a land contract or a mortgage to Seller, any insurance proceeds shall be held in trust for the sole purpose of restoring
the Property.585
BUYER’S PRE-CLOSING WALK-THROUGH Within three days prior to closing, at a reasonable time pre-approved by586
587 Seller or Seller's agent, Buyer shall have the right to walk through the Property to determine that there has been no
significant change in the condition of the Property, except for ordinary wear and tear and changes approved by Buyer, and588
that any Defects Seller has agreed to cure have been repaired in the manner agreed to by the Parties.589
OCCUPANCY Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in590
this Offer at lines 534-538 or in an addendum attached per line 686, or lines 650-664 if the Property is leased. At time of591
592 Buyer's occupancy, Property shall be free of all debris, refuse, and personal property except for personal property belonging
to current tenants, or sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights, if any.593
594 DEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and
conditions of this Offer. A material failure to perform any obligation under this Offer is a default that may subject the defaulting595
party to liability for damages or other legal remedies.596
If Buyer defaults, Seller may:597
(1) sue for specific performance and request the earnest money as partial payment of the purchase price; or598
(2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual599
damages.600
If Seller defaults, Buyer may:601
(1) sue for specific performance; or602
(2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.603
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Woods Rd
Woods Rd city lot, .6726 acres , ,
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
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Property Address:Page 11 of 12, WB-13
604 In addition, the Parties may seek any other remedies available in law or equity. The Parties understand that the availability
of any judicial remedy will depend upon the circumstances of the situation and the discretion of the courts. If either Party605
defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies outlined above.606
By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes covered by the607
608 arbitration agreement.
609 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
SHOULD READ THIS DOCUMENT CAREFULLY. THE FIRM AND ITS AGENTS MAY PROVIDE A GENERAL610
EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR611
OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT612
613 CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
614 ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller
615 regarding the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds
and inures to the benefit of the Parties to this Offer and their successors in interest.616
NOTICE ABOUT SEX OFFENDER REGISTRY You may obtain information about the sex offender registry and persons617
http://www.doc.wi.govregistered with the registry by contacting the Wisconsin Department of Corrections on the Internet at618
619 or by telephone at (608) 240-5830.
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA)Section 1445 of the Internal Revenue Code (IRC)620
provides that a transferee (Buyer) of a United States real property interest must pay or withhold as a tax up to 15% of the621
622 total “Amount Realized” in the sale if the transferor (Seller) is a “Foreign Person” and no exception from FIRPTA withholding
623 applies. A “Foreign Person” is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign
624 estate. The “Amount Realized” is the sum of the cash paid, the fair market value of other property transferred, and the
625 amount of any liability assumed by Buyer.
CAUTION: Under this law if Seller is a Foreign Person, and Buyer does not pay or withhold the tax amount, Buyer626
may be held directly liable by the U.S. Internal Revenue Service for the unpaid tax and a tax lien may be placed627
628 upon the Property.
629 Seller hereby represents that Seller is a non-Foreign Person, unless (1) Seller represents Seller is a Foreign Person in a
630 condition report incorporated in this Offer per lines 94-97, or (2) no later than 10 days after acceptance, Seller delivers
631 notice to Buyer that Seller is a Foreign Person, in which cases the provisions on lines 637-639 apply.
IF SELLER IS A NON-FOREIGN PERSON.Seller shall, no later than closing, execute and deliver to Buyer, or a qualified632
substitute (attorney or title company as stated in IRC § 1445), a sworn certification under penalties of perjury of Seller’s633
634 non-foreign status in accordance with IRC § 1445. If Seller fails to timely deliver certification of Seller’s non-foreign status,
635 Buyer shall: (1) withhold the amount required to be withheld pursuant to IRC § 1445; or, (2) declare Seller in default of this
636 Offer and proceed under lines 601-608.
637 IF SELLER IS A FOREIGN PERSON.If Seller has represented that Seller is a Foreign Person, Buyer shall withhold the
amount required to be withheld pursuant to IRC § 1445 at closing unless the Parties have amended this Offer regarding638
639 amounts to be withheld, any withholding exemption to be applied, or other resolution of this provision.
640 COMPLIANCE WITH FIRPTA.Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument,
641 affidavit, or statement needed to comply with FIRPTA, including withholding forms. If withholding is required under IRC
642 §1445, and the net proceeds due Seller are not sufficient to satisfy the withholding required in this transaction, Seller shall
643 deliver to Buyer, at closing, the additional funds necessary to satisfy the applicable withholding requirement. Seller also
shall pay to Buyer an amount not to exceed $1,000 for actual costs associated with the filing and administration of forms,644
645 affidavits, and certificates necessary for FIRPTA withholding and any withholding agent fees.
646 Any representations made by Seller with respect to FIRPTA shall survive the closing and delivery of the deed.
647 Firms, Agents, and Title Companies are not responsible for determining FIRPTA status or whether any FIRPTA exemption
648 applies. The Parties are advised to consult with their respective independent legal counsel and tax advisors regarding
FIRPTA.649
ADDITIONAL PROVISIONS/CONTINGENCIES650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
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Woods Rd city lot, .6726 acres , ,
Line 37 to read: no later than June 25, 2021.
Buyer may not sell this land in the future unless attached to current property.
Woods Rd
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
2291
Property Address:Page 12 of 12, WB-13
DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and665
written notices to a Party shall be effective only when accomplished by one of the authorized methods specified at lines666
688-683.667
(1)Personal: giving the document or written notice personally to the Party, or the Party's recipient for delivery if named at668
line 670 or 671.669
Name of Seller's recipient for delivery, if any:670
Name of Buyer's recipient for delivery, if any:671
(2)Fax: fax transmission of the document or written notice to the following number:672
Seller: ( ) Buyer: ( )673
(3)Commercial: depositing the document or written notice, fees prepaid or charged to an account, with a commercial674
delivery service, addressed either to the Party, or to the Party's recipient for delivery, for delivery to the Party's address at675
line 679 or 680.676
(4)U.S.Mail: depositing the document or written notice, postage prepaid, in the U.S. Mail, addressed either to the677
Party, or to the Party's recipient for delivery, for delivery to the Party's address.678
Address for Seller:679
Address for Buyer:680
(5)Email: electronically transmitting the document or written notice to the email address.681
Email Address for Seller:682
Email Address for Buyer:683
PERSONAL DELIVERY/ACTUAL RECEIPT Personal delivery to, or Actual Receipt by, any named Buyer or Seller684
constitutes personal delivery to, or Actual Receipt by, all Buyers or Sellers.685
ADDENDA:The attached is/are made part of this Offer.686
This Offer was drafted by [Licensee and Firm]687
688
(x)689
Buyer’s Signature Print Name Here Date690
(x)691
Buyer’s Signature Print Name Here Date692
SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS693
OFFER SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE694
PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A695
696 COPY OF THIS OFFER.
697 (x)
Seller’s Signature Print Name Here Date698
699 (x)
Seller’s Signature Print Name Here Date700
701 This Offer was presented to Seller by [Licensee and Firm]
on at a.m./p.m.702
703 This Offer is countered [See attached counter]This Offer is rejected704 Seller Initials Date Seller Initials Date
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Woods Rd city lot, .6726 acres , ,
n/a
n/a
n/a
X
monicaduerwachter@gmail.com
Monica Duerwachter, Realty Executives Integrity
Woods Rd
Sylwia G Enerson
April 2, 2021
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
2392
Reports and Presentations to Finance/Common Council
To: Finance/Common Council
From:Scott Kroeger
Department:Public Works & Development
Subject: Cobblestone Meadows Storm Water Maintenance Agreement (SWMA)
Date:April 27, 2021
Background Information: The Cobblestone Meadows is required to have a SWMA. This is
the City of Muskego’s standard storm water maintenance agreement that we use for all new
developments. The agreement is attached for your review.
Key Issues for Consideration:
1. Cobblestone Meadows SWMA
Recommendation for Action by Committee and/or Council: The Common Council approve
the Cobblestone Meadows Storm Water Maintenance Agreement for signatures.
Date of Committee Action: April 27, 2021
Planned Date of Council Action (if required): April 27, 2021
Total $ Needed:$
Fiscal Note(s): N/A
$ Budgeted: N/A
Expenditure Account(s) to Be Used: #
(3/2019)
24
Page 1 of 5
Document Number
Home Path Financial, L.P., as “Owner” of the property described below, in
accordance with Chapter 13 MMSD and the City of Muskego Code of Ordinances
agrees to install and maintain storm water management practice(s) on the subject
property in accordance with approved plans and Storm Water Management Plan
conditions. The owner further agrees to the terms stated in this document to ensure
that the storm water management practice(s) continues serving the intended
functions in perpetuity. This Agreement includes the following exhibits:
Exhibit A: Legal Description of the real estate for which this Agreement
applies (“Property”).
Exhibit B: Location Map(s) – shows an accurate location of each storm
water management practice affected by this Agreement.
Exhibit C: Maintenance Plan – prescribes those activities that must be
carried out to maintain compliance with this Agreement.
Through this Agreement, the Owner hereby subjects the Property to the following
covenants, conditions and restrictions:
1. The Owner shall be responsible for the routine and extraordinary
maintenance and repair of the storm water management practice(s)
identified in Exhibit B.
2. The Owner shall be solely responsible for maintenance and repair of the storm water management practices and
drainage easements in accordance with the maintenance plan contained in Exhibit C.
3. Upon written notification by City of Muskego or their designee, the Owner shall, at their own cost and within a
reasonable time period determined by the City of Muskego, have an inspection of the storm water management
practice conducted by a qualified professional, file the professional’s inspection report with the City of Muskego
which shall be subject to the City’s approval and complete any maintenance or repair work recommended in the
report. The Owner shall be liable for the failure to undertake any maintenance or repairs.
4. In addition, and independent from the requirements of paragraph 3, above, the City, or its designee, is authorized
to access the Property as necessary to conduct inspections of the storm water management practices or drainage
easement to ascertain compliance with the intent of this Agreement and the activities described in Exhibit C and
any applicable addenda that are subsequently recorded regarding this Agreement. The City may require work to
be done which differs from the report described in paragraph 3, if the City reasonably concludes that such work is
necessary or appropriate.
5. Upon notification by the City of Muskego of required maintenance or repairs, the Owner shall complete the
specified maintenance or repairs within a reasonable time frame determined by the City of Muskego.
6. If the Owner does not complete an inspection under 3. above or required maintenance or repairs under 4. or 5.
above within the specified time period, the City of Muskego is authorized, but not required, to perform the
specified inspections, maintenance or repairs. In the case of an emergency situation, as determined by the City of
Muskego, no notice shall be required prior to the City of Muskego performing emergency maintenance or repairs.
The City of Muskego may levy the costs and expenses of such inspections, maintenance or repair related actions
as a special charge against the Property and collected as such in accordance with the procedures under s. 66.0627
Wis. Stats. or subch. VII of ch. 66 Wis. Stats.
7. No changes or amendments to this Storm Water Management Practice Maintenance Agreement may be made
without the written approval of the City of Muskego. The City of Muskego has the unilateral authority to update
this Agreement based upon any physical modifications to the storm water management practices and drainage
Cobblestone Meadows
Storm Water Management Practice
Maintenance Agreement
Name and Return Address
City of Muskego
Community Development Department
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Tax Key No. MSKC __________
Parcel Identification Number(s) – (PIN)
25
Page 2 of 5
easements described herein, by recording an updated Exhibit B and/or an updated Exhibit C in the office of the
Waukesha County Register of Deeds, and giving notice thereof to the Owner.
8. This Agreement shall run with the Property and be binding upon all heirs, successors and assigns. Such heirs,
successors and assigns shall be the “Owner” as used herein. Including but not limited to, the Home Owners
Association of Cobblestone Meadows.
Owner:
____________________________________________
By:
By:
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this _____ day of_____________________, the above named
_____________________________, to me known to be the person who executed the foregoing instrument and
acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires _____________
City of Muskego:
Mayor Richard Petfalski Jr.
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
Personally came before me this _____ day of ___________________________, the above named Richard
Petfalski, Jr., to me known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission
This document was drafted by:
Attorney Jeffrey J. Warchol, City Attorney
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
26
Page 3 of 5
Exhibit A – Legal Description
A division of Certified Survey Map No. 11325, all lying within and being part of the Northeast 1/4 of the
Southeast 1/4 of Section 09, Town 5 North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin.
Said lands are bounded and described as follows;
Commencing at the Northeast corner of Certified Survey May No. 11325 and the Point of Beginning;
thence continuing South 25°48'14” East, a distance of 231.50 feet along the west line of Certified Survey
Map No. 2667, thence North 61°42'46” East, a distance of 135.00 feet along the south line of aforesaid
CSM 2667, thence South 26°00'09” East a distance of 138.74 feet along the west line of Certified Survey
Map No. 123, thence South 10°28'40” East, a distance of 222.14 feet along the east line of Lot 3 of
aforesaid CSM 11325, thence South 01°33'15” East, a distance of 100.00 feet along the west line of
Certified Survey Map No. 7170, then South 88°49'39" West, a distance of 5.00 feet along the north line
of Certified Survey Map No. 4432, thence South 11°24'24” West a distance of 111.82 feet along the west
line of aforesaid CSM 4432, thence South 88°49'39” West, a distance of 477.87 feet along the north line
of Block 1 of St. Leonard's Subdivision, a recorded subdivision, to a point on the east line of Kristin
Down, a recorded subdivision, thence North 02°16'55” West a distance of 480.98 feet along the east line
of aforesaid Kristin Down subdivision to a point; thence North 76°58'38” East, a distance of 125.23 feet;
thence North 11°54'46” West, a distance of 153.99 feet to a point on the South line of Janesville Road
(C.T.H. "L"); thence northwesterly 120.05 feet along the south line of aforesaid Janesville Road and arc
of a curve whose center lies to the north, whose radius is 3560.00 feet and whose chord bears North
66°40'11” East, a distance of 120.05 feet; thence South 25°45'14"East, a distance of 8.06 feet to the
point of beginning. Said lands containing 276,090 square feet (6.338 gross acres) of land, more or less.
Dedicating therefrom 37,815 square feet (0.868 acres) of land, more or less for public road purposes.
27
Page 4 of 5
Exhibit B – Location Map of Storm Water Pond
28
Page 5 of 5
Exhibit C
Minimum Storm Water Practice Maintenance Requirements
This exhibit explains the basic function of each of the storm water practices and prescribes the minimum
maintenance requirements to remain compliant with this Plan. The maintenance activities listed below are aimed to
ensure these practices continue serving their intended functions in perpetuity. The list of activities is not all-
inclusive, but rather indicates the minimum type of maintenance that can be expected for this particular site.
WET DETENTION BASINS
System Description:
The wet detention basins are designed to together remove at least 80% of the Total Suspended Solids (TSS) in the
site runoff and to reduce pre-development downstream peak flows. Swales function to convey runoff to the basins,
as well as filter pollutants, especially from smaller storms. To function correctly, the pond size, water level and
outlet structures must be maintained as specified in this Plan.
Minimum Maintenance Requirements:
To ensure the proper function of the storm water management practices described above, the following activities
must be completed:
1. All outlet structures and pipes must be checked monthly to ensure there is no blockage from floating debris
or ice, especially the washed stone in front of the orifices and the trash rack on the risers in the main part of
the basins. Any blockage must be removed immediately. The washed stone must be replaced when it
becomes clogged.
2. Grass swales shall be preserved to allow free flowing of surface runoff in accordance with approved
grading plans. No buildings or other structures are allowed in these areas. No grading or filling is allowed
that may interrupt flows in any way.
3. Grass swales, inlets and outlets must be checked at least twice yearly (spring and fall) and after heavy rains
for signs of erosion. Any eroding areas must be repaired immediately to prevent premature sediment build-
up in the basin. Erosion matting is recommended for repairing grassed areas.
4. NO trees are to be planted or allowed to grow on the earthen berms. Tree root systems can reduce soil
compaction and cause berm failure. The berms must be inspected annually and any woody vegetation
removed.
5. If floating algae or weed growth becomes a nuisance (decay odors, etc.), it must be removed from the basin
and deposited where it cannot drain back into the basin. Removal of the vegetation from the water reduces
re-growth the following season (by harvesting the nutrients). Wetland vegetation must be maintained along
the waters edge for safety and pollutant removal purposes.
6. The basins are to be cleaned once the average depth of the permanent pool is 3.5 ft. in accordance to
WDNR Technical Standard 1001. All removed sediment must be placed in an appropriate upland disposal
site and stabilized (grass cover) to prevent sediment from washing back into the basin.
7. No grading or filling of the basins or berms other than for sediment removal is allowed, unless otherwise
approved by the City of Muskego.
8. To promote more effective infiltration, mowing in the drainage ways, detention basins, and wetland fringe
areas should be minimized. If mowing is deemed necessary, the mowing heights should be no shorter than
six (6) inches. Restricting any mowing to late summer or autumn will minimize mortality to ground
nesting birds. To discourage the presence of nuisance waterfowl (i.e. Canada Geese), a minimum 30-foot
wide no-mow fringe shall be maintained around all detention basins, where possible.
9. After Vegetation is 70% established, the use of herbicides/pesticides is to be discontinued along the swales
& basins.
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Reports and Presentations to Finance Committee and Common Council
To: Finance Committee & Common Council
From: Scott Kroeger
Department: Public Works and Development
Subject: MMSD GI Funding Agreement for Little Muskego Lake Access #9
Date:April 7, 2021
Background Information: The City of Muskego is planning to redo Muskego Lake Access
#9 in 2021. This work falls under MMSD Green Infrastructure work. Porous pavers and
native landscape are tools in the Green Infrastructure toolbox, which provide some type of
storm water control. The City of Muskego is planning to use MMSD GI funding for this
work.
The MMSD GI funding agreement provides a work plan for the project and the
preliminary cost to be reimbursed for the project. The funding agreement is for $57,000
that covers all the work to be done on this project. The City attorney has reviewed the
funding agreement.
Key Issues for Consideration: Attachments
1. MMSD GI Funding agreement
2. Work Plan for project
Recommendation for Action by Committee and/or Council: Approve Little Muskego Lake
Access Number Nine MMSD GI Funding Agreement
Date of Committee Action: Finance Committee April 27, 2021
Planned Date of Council Action (if required): April 27, 2021
Total $ Needed: N/A
Fiscal Note(s):
$ Budgeted: N/A
Expenditure Account(s) to Be Used: N/A
(3/2019)
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MMSD – Green Solutions Funding
Work Plan for City of Muskego Little Muskego Lake - Lake Access 9
Description of work to be performed
The City of Muskego is requesting MMSD approval of funding from the Green Solutions
Program regarding Little Muskego Lake – Lake Access 9. The City of Muskego has 16 Lake
Access points and 2 channel access points located around Little Muskego Lake. These Lake
Access points can be used by the general public to access Little Muskego Lake. The other main
use of Lake Access is to provide drainage ways for storm water runoff from adjacent homes and
neighborhoods to Little Muskego Lake. The purpose of this project to use Green Infrastructure
to provide some type of storm water control and quality for storm water runoff be fore it enters
into Little Muskego Lake.
The City of Muskego is going to remove an existing asphalt walkway, fence, debris, dead trees,
invasive species. The Lake access will be replaced with porous pavers and natural landscaping.
The following descriptions are taken from Fresh Coast website.
POROUS PAVEMENT
What is Porous Pavement?
In the greater Milwaukee area, over 60% of all impervious surfaces are roads, parking lots, and
driveways. When it rains these hard surfaces create a lot of stormwater runoff that can
overwhelm our sewer system or flow directly into our rivers. In contrast, porous pavement
systems allow runoff to soak into the pavement surface and engineered stone layers below. The
water then slowly moves down into the ground and is connected to local stormwater sewers or
can be collected and stored for future use. Porous pavement can be asphalt, concrete or
pavers, but is different from traditional pavement because it doesn't have fine materials mixed
in. Instead, it provides pore spaces that store and let water pass through the surface.
What are the Benefits of Porous Pavement?
• Helps protect our streams and Lake Michigan from pollution by reducing stormwater
runoff
• Reduces the risk of flooding and drainage problems such a ponding water
• Needs less salt for deicing in the winter
• Manages a lot of runoff in a small space, making it especially useful in dense urban areas
• Can be used for parking, sidewalks, bike trails, or other low-traffic areas
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NATURAL LANDSCAPING
What is Natural Landscaping?
Natural landscaping uses colorful native plants, ornamentals, or a combination of the two, to
manage rainwater while beautifying your yard. Native plants have deep growing root systems
that help break up soil, allowing more water to drain into the ground. Landscaping with native
plants helps promote a healthy natural landscape that creates a habitat for local birds, bees,
and butterflies. By installing native plants and ornamentals, you can have a beautiful landscape
while mowing less.
What are the Benefits of Natural Landscaping?
• Beautifies your yard and neighborhood
• Helps protect our streams and Lake Michigan from pollution by reducing stormwater runoff
• Reduces the risk of flooding and drainage problems
• Provides habitat for pollinators and birds
• Reduces the amount of lawn you need to mow
Timeframe and schedule
The plan is to award contract in Spring 2021 to a contractor. Work will start in late be
Summer/Fall 2021 with anticipated 2021 completion date. Project funding reimbursement will
be requested to MMSD in November/December 2021. This project will be completed entirely
in 2021.
Location
Appendix A has a map of all the lake access points around Little Muskego Lake and an aerial of
the existing location.
Estimated costs
The following are estimated costs for this proposed work. Refer to Appendix B for renderings
of the improvements.
• Landscape Contractor = $52,000.00 (Estimate)
• City of Muskego Staff time = $5,000 (estimate)
Total Estimate amount of GI funds being requested =$57,000
The City of Muskego has $400,617 funds available for Green Infrastructure.
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Detailed proposed cost share (no cost share is required), include District
reimbursement and anticipated timeline for costs
The City of Muskego is not looking for any cost sharing from the District. The City of Mu skego
wants to use the $400,617 of Green Infrastructure funding allocated for 2021. The City of
Muskego would be looking for green infrastructure funds upon completion of the project and
all submittals have been accepted by MMSD.
Anticipated results
The City anticipates both water quantity reductions and water quality benefits from this
project. Some of the benefits from this project include:
• A lake access that has GI benefits from porous pavers and native landscaping. Little
Muskego Lake would definitely benefit from this plan.
Project Report
At the conclusion of the 2021 City of Muskego Lake Access GI Project, the City of Muskego will
provide a baseline report.
Project Funding Agreement signatory (name, title, contact info)
The work plan and request for Green Infrastructure is the following:
Scott Kroeger, PE, PLS, ENV SP, MBA
City of Muskego Public Works and Development Director
Phone: (262) 679-5686
Email: skroeger@cityofmuskego.org
The two official City of Muskego signatures required on all legal documents are the following:
Richard Petfalski, JR.
Mayor - City of Muskego
Email: rpetfalski@cityofmuskego.org
Phone: 262-679-5675
Sharon Mueller
Clerk-Treasurer -City of Muskego
Email: smueller@cityofmuskego.org
Phone: 262-679-5622
Please remember everything will be approved by City of Muskego Common Council
Final Report
The final report will include the following items:
• Overview
• Project Location
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• Project Design (with construction photos)
• Stormwater Capture Capacity
• Maintenance Plan
• Outreach and Education
• Project Cost
• Lessons Learned
• Economic Impact
• Small, Women, and Minority Business Enterprise Report
• W-9 Tax Identification Number form
Additional all invoices, a limited term conservation easement, and any other required
information will be provided to MMSD.
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APPENDIX A
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Lake AccessNo. 8
Lake A ccess No. 15
Lake A ccessNo. 1 4
Lake A ccessNo. 1 3
Lake A ccessNo. 1 2
Lake A ccessNo. 11
Lake A ccessNo. 1
Lake A ccessNo. 2
Holz Island
Lake AccessNo. 9
Lake AccessNo. 5
Lake AccessNo. 6
Lake A ccessNo. 10
Lake A ccessNo. 4
Lake A ccessNo. 3
Lake A ccessNo. 1 6
Little MuskegoLake ChannelAccess #1
LittleMuskego LakeChannel Access #2
Lake AccessNo. 7
Idle IsleBoatLaunch
L i t t l eMuskeg oLake
HIAWATHA DR
C O O K D R
WENTLAND
DR
OA
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LAKE ST
B AY C T
PEARL DR
LAKE ST
PA
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TEARL D R
ROSSMAR CT
ELKWOOD CT
GOLD DR
GOLD DR
PEARL DR
OAKCT
D E R B Y C T
EASTDR
P R O S P E C T D R
OA
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G E M D R
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S U N S E T D R
I S L A N D D R
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RANCH DR
S CHUB RING D R
GROVE ST
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KIRKWOODDR
PIONEER DR
LAKEWOOD D R
P
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LINCOLNDR
SCHOOL DR
MARYBECKLN
L
A
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D
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STLEONARDS DR
KRISTIN
DR
TANSDR
L A K E D R
HILLVI EW DR
STEEPLECHASE DR
L O C H C R E S T BLV D
LANNON DR
BLUEGRASSDR
T O P A Z D R
C
I
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C
L
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DR
DIA
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D D
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WESTWOOD
DR
K E N W O O D D R
AGATEDR
LEM BEZ EDER DR
LANNON DR
B
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SHOREDR
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F
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A
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HILLENDALE DR
LANNON DR
JEWELCRESTD
R
MARTIN DR
J A N E S V I L L E R D
MUSKEGO DR
HARBORCIR
KINGSTON
DR
WILDWOODD
R
Little Muskego Lake Access
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37
APPENDIX B
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40
41
42
43
44
45
46
Reports and Presentations to Finance Committee and Common Council
To: Finance Committee & Common Council
From:Scott Kroeger
Department: Public Works & Development
Subject: Park Arthur – Field #1, #2, & #3
Date: April 27, 2021
Background Information:
This project was publicly bid and the bids were open on April 15, 2021 at 4 pm. There was
one company who bid on the project. The bid is as follows:
This project will include the regrading of Park Arthur Field #1, #2, & #3 to fix drainage
problems. Beside fixing drainage problems, the three fields will have their infields turfed.
The construction schedule is to start this work on July 19, 2021 and wrapped up in September
2021 to ensure the fields are ready to be played on in Spring of 2022.
Key Issues for Consideration: Attachments
1. Bid Summary
Recommendation for Action by Committee and/or Council: Award the Park Arthur – Field
#1, #2, & #3 to Midwest Sport and Turf Systems, LLC
Date of Committee Action: April 27, 2021
Planned Date of Council Action (if required): April 27, 2021
Total $ Needed: $798,500.00
Fiscal Note(s):
$ Budgeted:
Expenditure Account(s) to Be Used: #202.08.94.74.6530
(3/2019)
Bidders Total Lump
Sum Fee
Midwest Sport and Turf Systems, LLC 798,500.00$
47
48
Reports and Presentations to Finance/Common Council
To: Finance/Common Council
From:Scott Kroeger
Department:Public Works & Development
Subject: DCEN LLC Developer’s Agreement (DA)
Date:April 27, 2021
Background Information: DCEN LLC is submitting a Developer’s Agreement for Denoon
Country Estates North development on Crowbar Drive just north of Kelsey Drive. It is a
10-lot subdivision with public storm sewer and public road cul de sac.
City Attorney Warchol and City Staff have reviewed the proposed Developer’s Agreement.
Attached is the Developer’s Agreement for your review.
Key Issues for Consideration:
1. DCEN LLC DA
Recommendation for Action by Committee and/or Council: The Finance/Common Council
approve the DCEN LLC DA for signatures.
Date of Committee Action: April 27, 2021
Planned Date of Council Action (if required): April 27, 2021
Total $ Needed:$
Fiscal Note(s): N/A
$ Budgeted: N/A
Expenditure Account(s) to Be Used: #
(3/2019)
49
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This Agreement, made this ____ day of _____________, 2021
by and between DCEN LLC. (the "Developer") and the City of
Muskego, a municipal corporation of the State of Wisconsin,
located in Waukesha County, hereinafter called the "City".
W I T N E S S E T H
WHEREAS, the Developer has submitted for approval by the
City the development plans for Denoon County Estates
Subdivision, on a part of the lands described as:
Being a part of the Southeast 1/4 and Southwest 1/4 of the
Southwest 1/4 of Section 30, Township 5 North, Range 20
East, in the City of Muskego, Waukesha County, Wisconsin,
bounded and described as follows:
Commencing at the Southeast corner of the Southwest ¼ of
said Section 30; Thence North 02°05’51” West along the East
line of said ¼ Section, 519.91 feet to a point; Thence South
88°19’06” West, 1320.01 feet to a point on the East right of way
of Crowbar Road; Thence continuing along said right of way line,
North 02°05’53” West, 812.08 feet to a point; Thence North
88°10’13” East, 1320.01 feet to a point on the East line of said ¼ Section; Thence South 02°05’51” East
along the East line of said ¼ Section, 815.34 feet to the point of beginning, excepting the East 50 feet
thereof.
WHEREAS, The Developer is required to make and install certain public improvements (“Improvements”)
reasonably necessary for the Development, conditioned upon the construction of said Improvements
according to approved plans, applicable City ordinances and written municipal specifications universally
applied as of the date of this Agreement, without cost to City; and
WHEREAS, The City Engineer and the City's Public Works and Safety Committee have duly approved,
contingent on certain other approvals, Developer's plans and specifications for the Improvements, and the
City's Plan Commission has duly approved the Development contingent in part upon the execution and
performance of this Agreement by the Developer.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
SECTION I : DEVELOPMENT
1. LAND USE. The Development, as approved by Plan Commission Resolution #003-2021, consists of
ten (10) single-family residential lots, along a new publicly dedicated roadway, with the features per the
referenced resolution.
2. PHASING. Developer and City agree that this Agreement is for the installation of Public Improvements
consisting of stormwater improvements, landscaping, grading and roadway work and per the
documents approved by Plan Commission Resolution #003-2021 (collectively, the “Improvements”).
SECTION II : PLATTING/ZONING
Parcel ID # (PIN):
MSKC 2279.993
DENOON COUNTRY ESTATES NORTH
DEVELOPER'S AGREEMENT
Document Number Document Title
Recording Area
Name and Return Address
City of Muskego
Planning Division
W182 S8200 Racine Ave.
Muskego, WI 53150
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1. This Developer’s Agreement addresses the development of land for the ten (10) single-family residential
lots, all being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the auspices
of the Conservation Planned Development District CPD-5.
a) Single-family parcels shall conform to the zoning requirements of a CPD-5 Conservation Planned
Development District. The CPD zoning is allowed per Common Council approval and the CPD can
permit flexibility in the underlying zoning requirements.
b) Outlots shall be reserved for open space management and stormwater purposes consistent with CPD
Planned Development overlay zoning requirements and per the Preliminary Plat approved per Council
Resolution #014-2021 on February 9, 2021.
2. Developer shall entirely at its expense:
a) As per Section 392-22B.(4) of the Muskego Municipal Code, have the Denoon Country Estates North
Final Plat submitted and approved. The Developer shall cause the Final Plat of the Denoon Country
Estates North to be executed and recorded, and shall provide City with evidence of recording. Note:
The Final Plat cannot be approved until after the improvements, found in Section VII, Final Acceptance
of this agreement, are accepted to ensure that no lots are sold until said acceptance is complete.
b) Concurrent with the execution of this Agreement tender a Letter of Credit in the amount required herein
for the construction of improvements required by this Agreement. No construction activity may
commence until this Agreement has been executed and recorded, and the Letter of Credit has been
tendered.
c) Provide the City with title evidence showing that upon recording the Final Plats, the City will have good
and indefeasible title to all interests in land dedicated or conveyed to the City by the Plats.
d) Before any improvements found in Section III of this agreement begin, the Developer shall execute this
Agreement, the Agreement shall be recorded at the Waukesha County Register of Deeds, and the City
shall receive evidence of recording.
e) Place and install monuments required by State Statute or City Ordinance.
SECTION III : IMPROVEMENTS:
City shall, within its jurisdiction, furnish the Developer such permits or easements as may be required to enter
upon and install the storm sewer, stormwater management facilities and roadway improvements described
herein.
Developer shall cause the construction of all Improvements called for by this Agreement to be carried out and
performed in a good and workmanlike manner. Developer shall submit to the City valid copies of any agency
permits that may be required in connection with the improvements, including , if necessary, the Wisconsin
Department of Safety and Professional Services permits, MMSD permits and the Wisconsin Department of
Natural Resources permits before construction commences and prior to any preconstruction meeting.
Developer shall entirely at its expense:
A. ROADS AND STREETS:
1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the
Public Works Committee including off-site improvements necessary to provide such roads and streets,
including grading and gravel, curb and gutter, and asphalt street improvements, as approved by the Public
Works & Development Director or his designee and Public Works Committee as indicated in the plans and
specifications on file with the Engineering Department.
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2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the cost of
their installation.
4. Contractors working at the Development are required to clean up all mud, dirt, stone or debris on the
streets no later than the end of each working day. In addition, the Developer shall have ultimate
responsibility for cleaning up any and all mud, dirt, stone or debris on the streets until Final Acceptance has
been granted by the City Council as described in Section VII, Final Acceptance. The City shall make a
reasonable effort to require the contractor that placed the mud, dirt, stone or debris on the street, to clean
up the same or to hold the subject property owner who hired the contractor responsible. The Developer
shall clean up the streets within twenty-four (24) hours after receiving a notice from the City. If said mud,
dirt, stone or debris are not cleaned up after notification, the City may do so at the Developer’s and/or
subject property owner's expense, at the option of the City.
B. STORM AND SURFACE W ATER DRAINAGE AND GRADING PLAN:
1. Construct, install, furnish and provide facilities as approved by the Public Works & Development Director or
his designee and Public Works Committee for storm and surface water drainage throughout the entire
Development and off-site improvements as necessary, all in accordance with the plans and specifications
on file in the Engineering Department. The City retains the right to require the Developer to install at
Developer’s cost additional storm drainage and erosion control measures prior to acceptance of
improvements by the City of Muskego.
2. Grade and improve the development in conformance with the grading plan as approved by the Public
Works & Development Director or his designee and Public Works Committee in accordance with the plans
and specifications on file in the City Engineering Department. Restore with topsoil and seed. Establish
dense vegetation.
3. The City retains the right to require Developer to install within the development (and immediately adjacent
area if applicable and necessary), additional surface and storm water drainage measures if it is determined
by the City Engineer that the original surface and storm water drainage plan as designed and/or
constructed does not provide reasonable stormwater drainage pursuant to the City’s ordinances, written
procedures and policies.
4. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by the
City.
5. Execute and record a Maintenance Agreement as approved by the Public Works & Development Director
or his designee relating to privately owned storm water appurtenances and provide proof of recording.
Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage features
which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement.
6. Submit an as-built grading plan that meets all City requirements.
C. LANDSCAPING:
1. Preserve existing trees outside of the public right-of-way and within the proposed preservation easement to
the maximum extent possible, when installing the Subdivision improvements. Replace trees in accordance
with plans to be approved by City staff.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and
all rubbish.
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3. Plant street trees without cost to City in accordance with Section 392-45 of the Muskego Municipal Code
and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated March 28,
2000 and adopted by the Common Council on July 11, 2000 and in accordance with street tree and
landscape plans on file in the City Building and Engineering Department that were approved by the
Planning Manager and City Forester prior to the signing of this agreement. The planting of the street trees
shall occur before the installation of the final course of pavement with the City Engineer’s approval of
planting schedule.
4. The City has the right to trim and remove any landscaping features which would interfere with safe
operation and maintenance of the City right-of-ways and drainageways.
D. EROSION CONTROL MEASURES:
1. The Developer shall cause all grading, excavation, open cuts, side slopes and other land surface
disturbances to be so seeded and mulched, sodded or otherwise protected that erosion, siltation,
sedimentation and washing are prevented in accordance with the plans and specifications reviewed and
approved by the City Engineer, the State of Wisconsin Department of Natural Resources, and Army Corps
of Engineers, if applicable.
2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or
measures in specified areas of the Subdivision, on and off-site, in accordance with the Erosion Control
Plan as approved by the Public Works & Development Director or his designee and Public Works
Committee and in accordance with the plans and specifications on file in the City Engineering Department.
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Developer until such time as vegetative cover is
established in the Subdivision. Install mulching and seeding of all disturbed areas to comply with Municipal
Code Chapter 162.
SECTION IV : ADDITIONAL IMPROVEMENTS
The Developer hereby agrees that if, at any time after plan approval and during construction of the
Improvements, the City Engineer determines that modifications to the plans including additional Improvements
such as additional drainage ways, erosion control measures, and surface and storm water management
measures are necessary in the interest of public safety, are necessary in order to comply with current laws or
are necessary for implementation of the original intent of the Improvement plans, the City is authorized to order
Developer, at Developer’s expense, to implement the same. If Developer fails to construct the additional
Improvement within a reasonable time under the circumstances, the City may cause such work to be carried
out and shall charge against the financial guarantee held by the City pursuant to this Agreement. The
requirement by the City of such additional Improvements as set forth herein must not negatively impact the
development or cause or result in the loss of a lot/unit/building within the development.
SECTION V : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, Improvements, except for final surface course of pavement as
described herein, shall be completed by the Developer within one (1) year from the signing of this Agreement
or prior to occupancy of any homes or issuance of building permits except if an earlier date is provided for in
the Agreement. The final surface course of pavement must be deferred until ninety percent (90%) of the
homes have been substantially completed, or twenty-four (24) months after the date of acceptance of
improvements, whichever comes first.
If the final surface course of pavement, is not completed within twelve (12) months of the date of this
Agreement, the Developer shall extend the Letter of Credit in a form acceptable to the City until such time as
the final surface course of pavement is completed.
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If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final surface
course pavement, such notice shall be considered a failure to complete improvements in accordance with this
agreement and shall entitle the City to immediately draw against the Letter of Credit.
SECTION VI : AS-BUILT CONSTRUCTION PLANS
For private utilities the Developer can use its contractor or authorize the City to prepare all necessary as-built
construction plans. For public utilities, the Developer authorizes the City to prepare all necessary as-built
construction plans for the Improvements to be dedicated to the City. Developer agrees to reimburse City for all
costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to
construction documents and upload of data to City’s Geographic Information System, and City may utilize
Developer’s Deposit account for all charges related hereto.
SECTION VII : FINAL ACCEPTANCE
Throughout this Agreement, various stages of the development will require approval by the City. “Final
Acceptance” as used herein, however, shall be the ultimate acceptance of all of the Improvements in the
completed development as a whole and shall be granted specifically by resolution of the City Council. Final
Acceptance shall be granted when substantial completion occurs, as determined by the City Council pursuant
to the definition of substantial completion shown in Wisconsin Statutes Section 236.13(2)(am)(2). Granting
Final Acceptance does not relieve the Developer of any obligations of this Agreement for uncompleted
Improvements, and does not constitute a waiver, in particular, of the Developer’s obligation to complete any
other Improvements or obligations that may be outstanding at the time that Final Acceptance is granted.
SECTION VIII : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon
completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the
storm sewer and roadway improvements to the City (excluding those facilities which are to be owned and
maintained by the developer), its successors and assigns, forever, free and clear of all encumbrances (except
those encumbrances that may be acceptable to the City) whatever, together with and including, without
limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery,
equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such
Improvements and together with any and all necessary easements for access thereto. The City will be
receptive to the dedications of Improvements, except private storm water drainage facilities (if applicable),
when all said utilities have been completed and approved by the City Engineer and other agencies as
applicable.
Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the
dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and
written municipal specifications universally applied as of the date of this Agreement. Claims of financial
hardship by the Developer shall not be considered a reason for the City to accept substandard materials or
work.
The City shall have the right to connect to or integrate other utility facilities with the Improvements provided
herein without payment, award, or consent required of the Developer, provided, however that connection to
any facilities located on or under Developer’s property shall require notice to Developer and shall not
negatively impact the building or any of its tenants.
At such time as all improvements are completed and acceptable as called for under this Agreement, and all
approvals have been received from regulatory agencies, such improvements shall be accepted by the City by
separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the
City Engineer deems other items relating to the construction of the development necessary:
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1. The stormwater and surface water drainage facilities required to serve such homes are connected with an
operational system as required herein, and the installation of the bituminous concrete base course
pavement has been properly installed, and
2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a
copy of the recorded documents are delivered to the Community Development Department, and
3. Certification is provided to the Public Works & Development Director or his designee by a Registered Land
Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the
as-built grading plan has been submitted to the Public Works & Development Director and he/she has
verified all grades meet City standards.
SECTION IX : INSPECTION AND ADMINISTRATION FEES
Developer shall pay and reimburse the City, in accordance with Section 392-13 of the Land Division Ordinance
and Muskego Municipal Code Section 39-10, and at times specified herein, but in any event, no later than thirty
(30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and
following the date hereof in connection with or relative to the construction, installation, dedication and
acceptance of the Improvements covered by Section III, including without limitation by reason of enumeration,
design, engineering, preparing, checking and review of designs, plans and specifications, supervision,
inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and
ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance.
Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction
inspections until such time as all anticipated or outstanding inspection and administration fees have been
satisfied.
SECTION X : MISCELLANEOUS REQUIREMENTS
The Developer shall:
1. Easements: Provide any easements, via the Final Plat, on Developer's land deemed necessary by the
Public Works & Development Director or his designee prior to accepting any public improvements and prior
to any building permits being granted.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner.
3. Survey Monuments: Properly place and install any lot, block or other monuments required by State
Statute, City Ordinance or the City Engineer.
4. Underground Utilities: Install all electrical, telephone, cable and gas utilities underground. Coordination
of installation and all costs shall be the responsibility of the Developer.
5. Permits: Provide and submit to the City upon the City’s request, valid copies of any and all governmental
agency permits.
6. Removal of Topsoil: The Developer agrees that no topsoil shall be removed from the development
without approval from the City Engineer of which said approval shall not be unreasonably withheld.
7. Debris: Have ultimate responsibility for cleaning up debris that has blown from buildings under
construction within the development until such time as all Improvements have been installed and building
occupancy has been granted. The City shall make a reasonable effort to require the contractor responsible
for the debris to clean up the debris or to hold the subject property owner who hired the contractor
responsible. The Developer and/or subject property owner shall clean up the debris within forty-eight (48)
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hours after receiving a notice from the City Engineer. If said debris is not cleaned up after notification, the
City will do so at the Developer’s and/or subject property owner's expense.
8. Public Construction Projects: If any aspect of the development involves a public construction project
subject to the State law, all requirements of the State Public Construction Bidding Law must be satisfied,
including but not limited to, providing a performance bond.
SECTION XI : GENERAL CONDITIONS AND REGULATIONS
Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by
reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set
forth at length herein. This Agreement and all work and improvements required hereunder shall be performed
and carried out in strict accordance with and subject to the provisions of said ordinances.
SECTION XII : GUARANTEES
The Developer shall guarantee all improvements described in Section III, Improvements, against defects due
to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the
date of acceptance. The Developer shall pay for any damages to City property resulting from such faulty
materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent
workmanship or materials. Wisconsin law on negligence shall govern such situation.
SECTION XIII : GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents
incorporated herein by reference, Developer shall indemnify and save harmless, and agrees to accept tender
of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other
expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and
employees, and independent contractors growing out of this Agreement as stated above by any party or
parties except those claims asserted by Developer against City, its officers, agents and employees in an effort
to enforce this Agreement.
a) Indemnification and Hold Harmless. The Developer shall indemnify and hold harmless the City, its
officers, agents, independent contractors, consultants, and employees from and against all claims,
damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the
performance of the Work, provided that any such claim, damage, loss, or expense (i) is attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than
the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any
negligent act or omission of the Developer, its officers, agents, independent contractors, and
employees or anyone for whose acts any of them may be made liable. In any and all claims against the
City, its officers, agents, independent contractors, and employees by the Developer, its officers, agents,
independent contractors, employees, and anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be held liable, the indemnification obligation under this section
shall not be limited in any way by any limitation on the amount or type of damages, compensation, or
benefits payable by or for the Developer, its officers, agents, independent contractors, employees
under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts. The
foregoing indemnity shall not apply to the negligence or willful misconduct of the City.
b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in
exercising any power or authority granted to them thereby, there shall be no personal liability of the City
officers, agents, independent contractors, consultant, and employees, it being expressly understood
and agreed that in such matters they act as agents and representatives of the City.
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c) Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City
and its officers, agents, independent contractors, consultants, and employees harmless from any
claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys,
consultants, and experts) that arise as a result of the presence or suspected presence in or on the real
property dedicated or conveyed to the City by, under, pursuant to, or in connection with the
Development (including but not limited to street right of way) of any toxic or hazardous substances
arising from any activity occurring prior to the acceptance of all improvements. Without limiting the
generality of the foregoing, the indemnification by the Developer shall include costs incurred in
connection with any site investigation or any remedial, removal, or restoration work required by any
local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous
substances on or under the real property, whether in or on the soil, groundwater, air, or any other
receptor. The City agrees that it will immediately notify Developer of the discovery of any
contamination or of any facts or circumstances that reasonably indicate that such contamination may
exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall
investigate and rectify conditions which indicate the presence of or suspected presence of
contamination on the subject property as identified by local, state, or federal agencies in order to
comply with applicable laws.
d) Developer shall at its expense, obtain and carry comprehensive general liability insurance with
combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five
Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00)
property damage (or such higher amounts as the City shall from time to time deem reasonable). Such
policy shall cover both Developer and the City and its agents, employees, and officials. A certificate of
Developer’s insurance shall be furnished to the City upon execution of this Agreement including
separate written endorsements naming the City as an additional insured, providing 30 days written
notification of cancellation, naming the Developer’s insurance as Primary and Non-Contributory and
waiving any rights of subrogation as to the City. Such policy shall provide that no act or default of any
person other than the City or its agents shall render the policy void as to the City or effect the City’s
right to recover thereon.
SECTION XIV : CITY RESPONSIBILITY FOR IMPROVEMENTS:
The City shall not be responsible to perform repair or maintenance on any Improvements until the
Improvements have been accepted by the City. After acceptance by the City, the City shall be responsible for
the repair and maintenance of the improvements, including the repairs and replacement of any Developer-
owned asphalt, concrete, curb, landscaping or building damaged as a result of any such repair or
maintenance.
SECTION XV: RISK OF PROCEEDING WITH IMPROVEMENTS PRIOR TO APPROVALS OF FINAL PLAT:
If a Developer proceeds with the installation of Improvements or other work on the site prior to approval of the
Final Plat, it proceeds at its own risk as to whether or not the Final Plat will receive all necessary approvals.
The Developer, prior to commencement of the installation of Improvements or other work on site, shall notify
the City of the Developer’s intention to proceed with the installation of Improvements or other work on site,
prior to approval of the Final Plat. Additionally, Developer shall make arrangements to have any Improvements
and/or other work on site inspected by the City Engineer.
SECTION XVI : AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developer shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be
for the benefit of any possible purchaser of this lot. Further, that the sale of this lot shall not release the
Developer from completing the Improvements provided for under this Agreement, by applicable Ordinances
and as set forth in the plans and specifications on file in the Department of Public Works and Development.
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SECTION XVII : CONSTRUCTION PERMITS, ETC.
The City shall, within its authority:
1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit
the Developer to construct the Improvements in accordance with the plans and specifications called for by
this Agreement, upon Developer's compliance with any deposit provisions or other requirements of the
applicable ordinances or regulations.
2. Furnish the Developer such permits or easements as may be required to enter upon and install the
previous described Improvements in any public street or public property.
3. Cooperate with the Developer in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
4. Make available to the Developer or their nominee, successors or assigns, permits for the construction of
the building subject to the provision of Section XVII, Building and Occupancy Permits.
SECTION XVIII : BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no buildings or occupancy permit shall be issued until the City
Engineer or his designee has determined that:
1. All parameters of Plan Commission Resolution #003-2021 have been met to the satisfaction of the
Planning Manager.
2. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Public
Works & Development Director.
3. A Letter of Credit remains on file to guarantee compliance with any other obligations under the
agreement.
4. A Resolution of the dedication and acceptance of Improvements is approved by the City.
5. The Developer is not in default of any aspect of this Agreement.
6. The Final Plat is recorded and appropriate copies are delivered to the Community Development
Department.
SECTION XIX : RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS:
The City reserves the right to withhold issuance of any and all building and/or occupancy permits if Developer
is in violation of this Agreement, but no permits and/or occupancy shall be unreasonably withheld.
SECTION XX : FINANCIAL GUARANTEES:
1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer shall file
with the City a Letter of Credit, setting forth terms and conditions upon which the City may draw upon the
same, in the City Attorney approved form, in the amount of $875,648 which amount shall be approximately
120% of the estimated cost of improvements and other obligations pursuant to this Agreement. This shall
be held by the City as a guarantee that the required plans and improvements will be completed by the
Developer and its subcontractors no later than one (1) year from signing of the Agreement, except if
another date is provided within this Agreement and as a further guarantee that all obligations to the
subcontractors for work on the Development is satisfied and all other obligations pursuant to this
Agreement have been satisfied. If at any time:
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a) Developer is in default of any aspect of this Agreement, or
b) The Developer does not complete the installation of the Improvements within one (1) year from the
signing of this Agreement unless otherwise extended by this Agreement or by action of the City
Council, or
c) The Letter of Credit on file with the City is dated to expire sixty (60) days prior to the expiration of
the one (1) year period for completion of the Improvements, if such Letter of Credit is not timely
extended, renewed or replaced, per the terms of this Agreement and the Improvements will not be
dedicated to or accepted by the City before the expiration of the Letter of Credit, or
d) The Developer fails to maintain a Letter of Credit in an amount approved by City Engineer to pay
the costs of Improvements in the Development per the terms of this Agreement,
the Developer shall be deemed in violation of this Agreement and the City Council shall have the authority
to draw upon the financial guarantee.
2. Invoices: All invoices documenting public Improvements shall be provided to the City.
3. Reduction of Letter of Credit: The Developer shall provide the Public Works & Development Director or his
designee with a written request accompanied by: invoices for work completed for which a release is being
requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form and
signed original lien waivers for all work which is subject of the release request. The Public Works &
Development Director or his designee will process all requests in accordance with policies adopted by the
Finance Committee, as may be amended from time to time. The Public Works & Development Director
shall not, however, reduce the financial guarantee with regard to amounts necessary to ensure compliance
with obligations of this Agreement that are not improvement construction costs, unless (1) the Developer
proves full compliance with such issues to the satisfaction of the Public Works & Development Director; or
(2) 14 months have passed from the date of substantial completion as determined in Wisconsin Statute
236.13(2)(am)(1)(c) and no claims have been made against the City or by the City against the Developer in
that regard. In the event the Letter of Credit requires renewal, the City shall reduce the required amount of
the Letter of Credit to 120% of the amount of the outstanding Improvements.
4. DEVELOPER'S DEPOSIT: The Developer shall maintain a $4,000.00 balance in the Developer's Deposit.
No reduction of the balance shall be entertained until the Developer's Deposit is satisfied unless otherwise
authorized by the Common Council following a recommendation of the Finance Committee. Upon
completion of the project, acceptance of improvements and payment of all project related costs, any
unused balance remaining in Developer’s Deposit account shall be returned to Developer.
5. PRESERVATION OF ASSESSMENT RIGHTS:
a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall
have the right, without notice or hearing, to impose special assessments for any amount to which the
City is entitled by virtue of this Agreement relating to the Improvements or other Developer obligations
pursuant to this Agreement. This provision constitutes the Developer’s consent to the installation by
the City of all Improvements required by this Agreement and constitutes the Developer’s waiver of
notice and consent to all special assessment proceedings as described in Section 66.0703(7)(b), Wis.
Statutes.
b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or
in law or equity in addition to, or in lieu of, the remedies provided herein.
SECTION XXI : PARTIES BOUND:
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Developer or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to
any phase of the development. This section allows for the City to enforce the terms and conditions of this
agreement against all such assignees, but does not grant rights to assignees absent the City’s written consent
as described in Section XXIII, Amendments and Assignment. Approval by the City shall not be deemed a
waiver as the ultimate responsibility for the proper design and installation of streets improvements, drive and
parking areas, drainage facilities, ditches, landscaping and all other improvements shall be the Developers.
The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not
constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance, and
function of the Development and related infrastructure.
SECTION XXII : EXCULPATION OF CITY CORPORATE AUTHORITIES:
The parties mutually agree that the Mayor and/or the City Clerk, entered into and are signatory to this
Agreement solely in their official capacity and not individually, and shall have no personal liability or
responsibility hereunder; and personal liability as may otherwise exist, being expressly released and/or waived.
SECTION XXIII : AMENDMENTS AND ASSIGNMENT:
Developer shall not assign this Agreement without the written consent of the City. The City and the Developer,
by mutual consent, may amend this Agreement, by written agreement between the City and the Developer.
SECTION XXIV: SALE OF LOTS:
No lots in the Subdivision may be sold until final acceptance of the Improvements has been granted by the
City, unless otherwise expressly approved in writing by the City Council.
SECTION XXV : NOTICES AND CORRESPONDENCE
Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be
effective upon being delivered personally or sent by prepaid United States Postal Service certified mail with
return receipt requested, to all parties as follows:
To City:
Planning Division - City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
To Developer:
DCEN, LLC
S75 W17237 Janesville Road
Muskego, WI 53150
Attn: John Jewell
All notices shall be considered to have been delivered at the time such notices are personally delivered to each
party, or three (3) days after the date of postmark on any prepaid certified letter.
Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or
facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the
party.
SECTION XXVI : RECORDING
This Agreement shall be recorded against the Development property and shall run with the land.
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SECTION XXVII : PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, Developer has caused this Agreement to be signed by its appropriate officer(s) and
their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above.
A. DCEN, LLC:
By: _______________________________
Its: ________________________________
STATE OF WISCONSIN )
SS
_____________ COUNTY )
PERSONALLY came before me this ____day of _____________, 2021, ______________________________,
to me known to be the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of _____________
My Commission Expires ___
MORTGAGEE CONSENT
The undersigned Mortgagee of the Subdivision lands consents to this Developer’s Agreement, and agrees that
its lien of mortgage shall be subordinate to the rights of the City of Muskego granted by this Developer’s
Agreement.
By: _______________________________
Name: ______________________________
Its: ________________________________
Dated this _____ day of ________________, 2021.
STATE OF WISCONSIN )
SS
___________ COUNTY )
PERSONALLY came before me this _____ day of ______, 2021, __________________, to me known to be
the person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
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IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals
to be hereunto affixed in duplicate original counterparts on the date and year first written above.
B. CITY OF MUSKEGO:
BY:
Richard R. Petfalski, Jr., Mayor
BY:
Sharon Mueller, City Clerk-Treasurer
STATE OF WISCONSIN )
SS
WAUKESHA COUNTY )
PERSONALLY came before me this _____ day of ______________, 2021, the above named Richard R.
Petfalski, Jr., Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the
persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of
said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as
the deed of said municipal corporation by its authority and pursuant to the authorization by the Common
Council from their meeting on the ______ day of _____________, 2021.
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for Denoon Country
Estates North, Muskego, Wisconsin, as entered into on the ____ day of _____________, 2021 by and
between DCEN, LLC. and the City of Muskego, pursuant to the authorization by the Common Council from
their meeting on the _____ day of ____________, 2021.
BY THE COMMON COUNCIL
________________________
Sharon Mueller, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This ______day of ___________, 2021.
My commission expires
This instrument drafted by:
Jeffrey J. Warchol, City Attorney
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
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AGREEMENT
WATER BUGS SKI TEAM, INC. and CITY OF MUSKEGO
Pier Placement, Water Ski Jump, and Show Events at Idle Isle
THIS AGREEMENT, consisting of nine (9) pages including Exhibit “A”, is made by and
between the Water Bugs Ski Team, Inc., a Wisconsin corporation, hereafter referred to as “Water
Bugs,” and the City of Muskego, hereafter referred to as “the City.”
WHEREAS, Water Bugs understand it may be necessary for Water Bugs to obtain
appropriate approvals, if any, from the Wisconsin Department of Natural Resources, hereinafter
referred to as “WDNR”, for said pier placement on Little Muskego Lake; and
WHEREAS, Water Bugs understand it is necessary for Water Bugs to obtain appropriate
approvals from the WDNR, to place a water ski jump on the bed of Little Muskego Lake; and
WHEREAS, the City’s approval of the placement of said pier and ski jump is conditioned
upon the execution of this Agreement.
NOW, THERERFORE, in exchange for the execu tion of this Agreement and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Water
Bugs and the City agree as follows:
1. Term of Agreement
A. The term of this Agreement shall commence on the date on which Water Bugs obtain all
required approvals from all governing bodies and agencies, including, but not limited to,
the WDNR, for placement of a water ski jump on the bed of Little Muskego Lake and the
placement of the pier on the Lake. Water Bugs shall provide the City copies of all
approvals obtained by Water Bugs under this Agreement. If no approvals are necessary,
Water Bugs shall provide the City with a statement to that effect. Unless earlier terminated
by action of the City, the term of this Agreement shall te rminate on the 30th day of
September 2021.
B. The term of this Agreement shall automatically terminate in the event Water Bugs is
properly ordered or otherwise required to remove the water ski jump from the bed of Little
Muskego Lake or the pier from the Lake by any governmental authority or agency.
C. Upon termination of this Agreement, Water Bugs shall remove the ski jump from the bed
of the lake and the pier, together with any related equipment and materials, within seven
(7) calendar days or no later than September 30, 2021.
2. Ownership and Placement of Pier
A. At all times during the term of this Agreement Water Bugs shall be the sole owner of the
pier located at Idle Isle Park, W182 S6666 Hardtke Drive in the City of Muskego. Water
Bugs cannot, without the prior written approval of the City, assign any ownership interests
in the pier or any of Water Bugs’ rights, duties, or obligations under this Agreement to any
person, entity, or association.
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2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 2
Water Bugs Ski Team, Inc. and City of Muskego
B. Water Bugs shall be responsible for the physical placing and removal of the pier from Idle
Isle Park and Little Muskego Lake. The physical location of the pier shall be placed at a
distance of thirty (30) feet from the 5' x 32' pier abutting the boat landing (see Exhibit A)
having a maximum length of thirty (30) feet.
C. Water Bugs will allow the City and the public to use this pier at all times that it is not
scheduled for exclusive use of Water Bugs. Water Bugs will make five signs, with prior
approval of the Public Works and Development Director. Two signs will indicate that the
swimming area will be decreased in size ten minutes prior to and throughout the practice
and will be closed during show times as posted on the beach and at the entrance of the
park. The swimming area will be increased to its original size ten minutes after the show
or practice time unless in the case of a cancelled show or practice. The other two signs
will indicate that the pier will be closed to the public one-half hour prior to and throughout
the practice/show times posted at the pier and at the entrance of the park. The pier will
be open to the public one-half hour after the show or practice time unless in the case of
a cancelled show or practice. The last sign will indicate that Water Bugs’ pier is not to be
used for public swimming, diving, or jumping from and no public boats shall be
docked/moored to said pier.
D. Water Bugs shall be solely responsible for and shall promptly perform all maintenance
and upkeep required or recommended for the pier and signs. In the event Water Bugs fail
at any time to perform any maintenance or upkeep reasonably deemed necessary by the
City, upon written notice to Water Bugs, as stated in Section 13(C) of this Agreement, the
term of this Agreement shall immediately terminate.
3. Ownership and Placement of Ski Jump
A. At all times during the term of this Agreement, Water Bugs shall be the sole owner of the
ski jump located at Idle Isle Park, W182 S6666 Hardtk e Drive, and PT NE 1/4 of SEC
8T5N R20E & PT NW 1/4 SEC 9 AN ISLAND APPROX 1100 FT N OF SE COR OF NE
1/4 CONT 500 SQ FT VOL 1204/699 DS 3858687 QCD 9/11, in the City of Muskego.
Water Bugs cannot, without the prior written approval of the City, assign any ownership
interests in the ski jump or any of Water Bugs’ rights, duties, or obligations under this
Agreement to any person, entity, or association.
B. Water Bugs shall be responsible for the physical placing and removal of the ski jump on
and from the bed of Little Muskego Lake. The physical location of the ski jump on the bed
of the lake shall be subject to the direction and discretion of the Chief of Police. The ski
jump shall be placed at a minimum of 150 feet from the shoreline of the lake.
C. While the ski jump is on the bed of the lake, Water Bugs shall cause the installation,
maintenance, and operation of a flashing yellow light on the ski jump from dusk to dawn.
The flashing yellow light must be visible for at least 500 feet in all directions.
D. Water Bugs shall be solely responsible for and shall promptly perform all maintenance
and upkeep required or recommended for the ski jump. In the event Water Bugs fail, at
any time, to perform any maintenance or upkeep reasonably deem necessary by the City,
upon written notice to Water Bugs, as stated in Section 13(C) of this Agreement, the term
of this Agreement shall immediately terminate.
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2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 3
Water Bugs Ski Team, Inc. and City of Muskego
4. Usage for Shows and Practices
A. A minimum number of show dates and practices will be set at 15-16 (show) and 30-32
(practice), per calendar year for a minimum of 48 events. Should Water Bugs intend to
do more than 48 events, they will need to come before the Parks and Conservation
Committee for approval at their March meeting. Dates can be taken away based on
infractions against Water Bugs. The Parks & Conservation Committee can recommend
this to the Finance Committee.
B. Times for shows/practices (defined by driving boats and making wakes inside of the no
wake buoys):
1) Mid-May to July: 6:30 p.m. to sunset.
2) August: 6:00 to sunset.
C. Set-up times for shows/practices (includes moving the ski jump and take-over of Water
Bugs pier) is defined as setting up equipment on the Water Bugs pier:
1) Mid-May to July: 6:00 p.m. to 6:30 p.m.
2) August: 5:30 p.m. to 6:00 p.m.
D. Take-down after shows/practices by 9:00 p.m.
E. The complete sound system will only be used for show dates and should only be loud
enough for show spectators and participants to enjoy. One speaker may be used for two
practices in mid-July and early August to prepare for tournaments and will only be loud
enough for members to hear the music between the shelter and the beach.
5. Removal of Ski Jump and Return of Buoys to Rectangular Position
A. Buoys and ski jump and any associated permits must conform to any and all
governmental regulations, at all times, concerning piers and ski jumps durin g the terms
of this Agreement.
B. Ski jump must be put up and removed within the designated set-up and take-down times
in Section 4. See Section 5(D) if the weather prevents takedown of ski jump.
C. Buoys in swimming area must be returned to original rectangular position within
Committee’s designated take-down time. This also applies to when the ski team is giving
ski lessons (two separate program offerings) for the Recreation Department.
D. In the event a show/practice is cancelled at any time, the ski jump has already been
moved to the use position, and weather conditions would make it difficult to return the ski
jump to the off-use position, the ski jump is to be anchored by 10:00 am the following day
to the off-use position.
E. Swimming buoys will be the last things moved before show/practice time; no more than
10 minutes prior to show/practice time; and returned to their original location within the
first 10 minutes after the completion of the show/practice time.
F. In the event of hot weather (85+ degrees) when the public is extensively using the beach,
the City will reserve the right to disallow the moving of the swimming buoys on scheduled
practice/show dates.
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2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 4
Water Bugs Ski Team, Inc. and City of Muskego
6. Signage
A. Water Bugs will make the following signs, with prior approval of Director of Public Works
and Development:
1) Beach and Park Entrance Signs: Indicate swimming area will be decreased ten
minutes prior to and throughout the practice times and closed during show times. The
swimming area will be open to public ten minutes after show or practice time unless
in the case of a cancelled show or practice.
2) Pier Sign and Park Entrance Signs: Indicate pier will be closed to public one -half hour
prior to and throughout the practice/show times posted at the pier. Pier will be open to
public one-half hour after show or practice time unless in the case of a cancelled show
or practice.
3) No Public Swimming, Jumping, or Diving off Pier and No Public Boat Docking:
Indicate that swimming, jumping, or diving is prohibited at all times on or near the pier.
Also, no boat docking to pier.
7. Parking
A. The Recreation Department will issue six (6) parking placards, free of charge, to Water
Bugs designated person. This person can issue these six (6) passes to members of the
team for parking their vehicles in the automobile parking area. These are not for launching
watercraft. The Recreation Department will issue six (6) boat launch stickers, for a
reduced rate of $14.00/sticker, to Water Bugs designated person. These passes must be
affixed to the windshield of the vehicles pulling the boats and cannot be shared among
members.
B. Water Bugs equipment trailer will be parked along the perimeter of the boat trailer parking
area, close to the boat wash area.
C. No Water Bugs equipment will be left on the premises, with the exception of the Water
Bugs owned pier, or other items as approved by the Director of Public Works and
Development.
D. There will be no allowance of parking on any grass or park area other than the paved
parking lot. All overflow parking will be directed to the parking lot in Park Arthur.
8. Contact Persons
A. Contact person from Water Bugs will be the President of Water Bugs. Water Bugs will
also be responsible for listing an alternate contact. Water Bugs will designate their contact
person and alternate who will be Water Bugs’ representatives and who w ill receive any
correspondence. These names will be submitted to the Parks and Conservation
Committee.
B. Contact person from the Parks & Conservation Committee will be the Public Works and
Development Director. The alternate contact person will be the Recreation Manager. If
circumstances would arise not covered by the provisions contained within this Agreement,
Water Bugs must contact above person(s) for a decision.
66
2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 5
Water Bugs Ski Team, Inc. and City of Muskego
9. Inclement Weather
A. If weather conditions result in a cancellation of a scheduled show/practice date, a make -
up date will be considered. The make-up date must be confirmed in writing by the Director
of Public Works and Development and must be rescheduled within two weeks of
cancelled date.
B. If cancellation is determined other than at the park (earlier in the day for example), the
Director of Public Works and Development will be contacted.
10. Consequences For Not Complying With Rules
A. The Parks & Conservation Committee will review summer Water Bugs use of the park at
the October meeting in regard to the rules established for the Water Bugs. A monthly
review (activities occurring May-August) will take place as it relates to the two
unscheduled visits to Idle Isle Park by the Muskego Police Department.
1) If a substantiated non-frivolous complaint, as determined by the Muskego Police
Department, is received from a citizen(s), an Alderman, W ater Patrolman, Police
Department, Parks & Conservation Committee Member, Director of Public Works and
Development, then;
2) The Director of Public Works and Development will contact Water Bugs contact
person concerning consequences by phone with a follow-up in writing. The date of the
phone call will serve as the notification of denial of park use as follows;
a. First Offense: Permission to use Idle Isle Park will be denied for the next two
scheduled dates (practice and/or show dates).
b. Second Offense: Permission to use Idle Isle Park will be denied for the next four
scheduled dates (practice and/or show dates).
c. Third Offense: Denial of remainder of year’s schedule, and po ssible effect on next
year’s request.
11. Ski Patterns
A. In regard to the ski pattern, a 100-foot clearance between boats and Otto Island, Jaycee
Island, and the Idle Isle Park fishing pier must be maintained with permanent buoys,
provided by the City. During Water Bugs use dates, the 100 -foot clearance along the
south shore of Idle Isle will be waived and Water Bugs will be allowed to make a wake
inside of thirty feet from Idle Isle. However, during these same dates, the permanent
buoys around Otto Island and the fishing pier, marking the 100 -foot distance, can be
moved closer for safety reasons, only if a smaller temporary buoy is used to mark the
100-foot clearance from that island. The permanent buoy marking Jaycee Island can be
moved closer to allow boat traffic within thirty feet. To avoid boat props from hi tting a
temporary buoy marker and/or its anchor, no temporary buoy will be used, but following
each use date, Water Buts will move the permanent buoy back to its permanent location.
B. Slow-no-wake buoys, located in front of Idle Isle Park, can be temporarily moved for Water
Bugs use during approved practices/shows. All permanent buoys must be placed back to
their original locations by Water Bugs, after each approved use. The Public Works staff
will be responsible for making sure all buoys are installed before the first and removed
67
2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 6
Water Bugs Ski Team, Inc. and City of Muskego
after the last approved lake use by Water Bugs. All buoys will be installed/maintained per
approved GPS coordinates (100’ from Jaycee Island coordinates are LAT: 42
55’22.57172”N LONG: 88 08’37.96325”W and 100’ from Otto Island coo rdinates are LAT:
42 55’23.86632”N LONG: 88 08’36.46380”W).
12. Insurance and Indemnification
A. Water Bugs shall indemnify the City and hold the City harmless against and from any and
all liabilities, fines, suits, claims, demands, and actions, including costs and expenses of
any kind or nature, including, but not limited to, attorneys’ fees brought or asserted by
anyone due to or arising out of (a) any default by Water Bugs in observing any provision
of this Agreement required to be observed and performed by W ater Bugs, or (b) any
damage to property or injury to person or persons, including death, occasioned by or
resulting from Water Bugs’ ski jump, pier, and signs.
B. During the term of this Agreement, Water Bugs, at its expense, shall maintain
comprehensive general liability coverage, bodily injury coverage, and property damage
coverage, insuring Water Bugs and the City against liability for injury to persons or
property occurring on or about the ski jump , pier, and/or signs or arising out of the
ownership, maintenance, or use of the ski jump , pier, and/or signs. The insurance shall
have a limit of not less than $1,000,000 .00 per occurrence with an aggregate limit of not
less than $2,000,000.00. Water Bugs shall cause the City to be named as an Additional
Insured for the types and limits of coverage stated above in respect to this Agreement,
and shall, upon request by the City, provide the City a Certificate of Insurance and
separate written Endorsement to the policy demonstrating Water Bugs’s compliance with
the above insurance provisions.
C. Water Bugs shall provide to City separate written Endorsements to its insurance policies
that provide for the following:
Naming the City as an Additional Insured.
Stating that the Insurance is Primary and Non-Contributory.
Waiver of Subrogation
Notice of Cancellation for any change in the terms or conditions of the policy.
D. Failure to provide the herein named insurance with written Endorsements as stated shall
result in termination of this Agreement.
13. Miscellaneous Provisions
A. Other Governmental Regulations. This Agreement is subject to any and all governmental
regulations as they may be amended from time to time over the term of this Agreement.
If the Agreement is in conflict with said regulations, the regulations must be followed.
B. Assignment. Neither Water Bugs nor the City may assign its interest under this
Agreement without the other party’s prior written consent, which may be granted or
withheld in such party’s sole reasonable discretion.
C. Notices. All notices required or permitted by this Agreement shall be given in writing and
shall be considered given upon receipt if a) hand delivered to the party or person intended,
or b) upon facsimile transmission to the fax numbers set forth herein, or c) email
transmission at the address stated below with verification of receipt requested, or d) one
68
2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 7
Water Bugs Ski Team, Inc. and City of Muskego
business day after deposit with a nationally re cognized overnight commercial courier
service, air bill prepaid, or e) three (3) business days after deposit in the United States
mail, postage prepaid, by certified mail, return receipt requested, addressed by name and
address to the party or person intended as follows:
To the Water Bugs: To the City:
President Director of Public Works & Development
Water Bugs Ski Team, Inc. City of Muskego
P.O. Box 111 W182 S8200 Racine Avenue
Muskego, WI 53150 Muskego, WI 53150
Fax No. __________________ Fax No. 262-679-5614
Email: __________________ Email: skroeger@cityofmuskego.org
D. Governing Law. This Agreement shall be interpreted and construed according to the laws
of the State of Wisconsin. Any legal action regarding this Agreement shall be brought and
maintained in the Circuit Court for Waukesha County, Wisconsin.
E. Severability of Provisions. If any of the terms or conditions contained herein shall be
declared to be invalid or unenforceable by a court of competent jurisdiction, then the
remaining provisions and conditions of this Agreement, or the application of such to
persons or circumstances other than those to which it is declared invalid or
unenforceable, shall not be affected thereby and shall remain in full force and effect and
shall be valid and enforceable to the full extent permitted by law.
F. Captions. The captions in this Agreement are inserted only as matters of convenience
and for reference and in no way define or limit the scope or intent of the various provisions,
terms, or conditions hereof.
G. Binding Effect. The terms and conditions of this Agreement shall be binding u pon and
benefit the parties hereto and their respective successors and permitted assigns.
H. Entire Agreement. This writing constitutes the entire agreement between the parties
hereto, and all prior statements, letters of intent, representations and offers, if any, are
hereby terminated. This Agreement may be modified or amended only by written
instrument signed by both parties.
I. Counterparts. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original.
J. Representations as to Authority. Each party to this Agreement represents and warrants
that: a) it has the power and authority to consummate the transactions contemplated by
this Agreement; b) all proceedings necessary for it to consummate the transactions
contemplated by this Agreement have been duly taken in accordance with law; and c) the
persons executing this Agreement on behalf of it have been duly authorized to execute
this Agreement.
K. Dispute Resolution. In the event of a dispute between the Water Bugs and the Ci ty arising
out of this Agreement and prior to formal litigation in a court of law, the Water Bugs and
the City agree to attempt to resolve such dispute through mediation. In the event that the
Water Bugs and the City cannot agree upon a mediator, they shal l each propose a
69
2021 Agreement – Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 8
Water Bugs Ski Team, Inc. and City of Muskego
qualified mediator, and such qualified mediators shall choose a qualified th ird-party who
will mediate the dispute.
L. The parties agree that signatures scanned and sent via email attachment shall be binding
on the parties hereto.
M. Annual Review and Committee Approval. This Agreement is to be approved each season
by the Finance Committee contingent on no changes to placement of the pier and ski
jump and no additional show and practice dates being requested. If changes to
placement, the changes will need to be approved by the Public Works & Safety
Committee. Additional show or practice dates requested will need approval of the Parks
& Conservation Committee. The full Agreement with the approved changes by the
respective Committees will be paced on the Finance Committee agenda.
WATER BUGS SKI TEAM, INC. CITY OF MUSKEGO
Rick Nelson, President Date Rick Petfalski, Mayor Date
Water Bugs Secretary Date Sharon Mueller, Dir. Finance/Admin Date
70
Council Date April 27, 2021
$273,191.50
Total Voucher Approval
$5,518.71
Total Water $5,518.71
5,262.93
Total Sewer $5,262.93
$
#1 - Utility Voucher Approval
Tax Vouchers - Refunds & Tax Settlements (Approve Separately)
$22,880.00
(
$
#2 - Tax Voucher Approval
$239,529.86
(
Total General Fund Vouchers $
#3 - General Voucher Approval
$730.00
$
Debt Service $
$
#4 - Wire Transfers Approval
Check #Amount Check #Amount
Total ***
Total 0.00 *Total ***
Sewer Wire Transfers
Total Vouchers All Funds
Utility Vouchers (Approve Separately)
Water Vouchers
Water Wire Transfers
Sewer Vouchers
239,529.86
Big Muskego Lake Vouchers
Development Fund Vouchers
Net Total Utility Vouchers 10,781.64
Tax Vouchers
Tax Void Checks
Total Tax Vouchers 22,880.00
Wire transfers (Approve Separately):
Payroll/Invoice Transmittals
Void Checks Since Last Report
Total General Fund Vouchers (Approve Separately)
General Fund Vouchers
General Fund Prior Council Correction
71
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
ACE HARDWARE - WINDLAKE
012145 1 Invoice GFCI OUTLET 04/07/2021 04/27/2021 32.77 421 605.54.06.41.5702
Total ACE HARDWARE - WINDLAKE:32.77
AMAZON CAPITAL SERVICES
16LQ-PQH9-Q 1 Invoice IT COPIER TONER 04/09/2021 04/27/2021 115.66 421 100.01.14.00.5701
17HG-QQ4F-X 1 Invoice PRINT 04/11/2021 04/27/2021 360.13 421 100.05.71.01.5711
1FML-JCW4-V 1 Invoice IPAD CASE -UTILITITES 04/20/2021 04/27/2021 27.95 421 100.01.14.00.5506
1FXV-P43M-M 1 Invoice WATER PATROL CLIPS 04/21/2021 04/27/2021 218.53 421 100.02.20.01.5115
1G3N-G3XP-N 1 Invoice FOL - KIDS 04/18/2021 04/27/2021 66.90 421 100.05.71.00.5752
1G3N-G3XP-T 1 Invoice PROGRAMMING - CRAFTERNOON 04/18/2021 04/27/2021 67.74 421 100.05.71.00.6062
1G6F-9RW7-W 1 Invoice FOLDABLE KEYBOARD AND WIRE 04/18/2021 04/27/2021 43.98 421 100.02.20.01.5701
1X43-JLMW-G 1 Invoice PRINT 04/13/2021 04/27/2021 259.74 421 100.05.71.01.5711
1Y91-TNQK-B 1 Invoice PRINT 04/18/2021 04/27/2021 175.26 421 100.05.71.01.5711
Total AMAZON CAPITAL SERVICES:1,335.89
ANDY KRAATZ OVERHEAD DOORS, LLC
2320 1 Invoice SALT SHED DOOR REPAIR 04/11/2021 04/27/2021 525.00 421 100.04.51.03.5704
Total ANDY KRAATZ OVERHEAD DOORS, LLC:525.00
AT & T
0412012601 1 Invoice CENTREX LINE-MONTHLY 04/11/2021 04/27/2021 866.36 421 100.01.06.00.5601
262697410604 1 Invoice CENTREX LINE MONTLY 04/01/2021 04/27/2021 1,200.64 421 100.01.06.00.5601
Total AT & T:2,067.00
BAKER & TAYLOR COMPANY
2035880422 1 Invoice AV 04/01/2021 04/27/2021 19.25 421 100.05.71.02.5711
2035880422 2 Invoice PRINT 04/01/2021 04/27/2021 1,086.15 421 100.05.71.01.5711
2035881176 1 Invoice PRINT 04/02/2021 04/27/2021 1,008.79 421 100.05.71.01.5711
2035887673 1 Invoice PRINT 04/06/2021 04/27/2021 469.07 421 100.05.71.01.5711
2035898834 1 Invoice PRINT 04/12/2021 04/27/2021 1,059.00 421 100.05.71.01.5711
2035906399 1 Invoice PRINT 04/14/2021 04/27/2021 625.57 421 100.05.71.01.5711
5016867730 1 Invoice PRINT 03/31/2021 04/27/2021 80.56 421 100.05.71.01.5711
5016867731 1 Invoice PRINT 03/31/2021 04/27/2021 20.36 421 100.05.71.01.5711
Total BAKER & TAYLOR COMPANY:4,368.75
BAKER & TAYLOR ENTERTAINMENT
5016884474 1 Invoice PRINT 04/07/2021 04/27/2021 89.77 421 100.05.71.01.5711
H54855870 1 Invoice AV 03/30/2021 04/27/2021 32.38 421 100.05.71.02.5711
H54855871 1 Invoice AV 03/30/2021 04/27/2021 17.99 421 100.05.71.02.5711
H54890570 1 Invoice AV 04/01/2021 04/27/2021 82.69 421 100.05.71.02.5711
H54890580 1 Invoice AV 04/01/2021 04/27/2021 69.58 421 100.05.71.02.5711
H54901290 1 Invoice AV 04/02/2021 04/27/2021 17.96 421 100.05.71.02.5711
H54942130 1 Invoice AV 04/07/2021 04/27/2021 230.89 421 100.05.71.02.5711
H54959790 1 Invoice AV 04/08/2021 04/27/2021 13.67 421 100.05.71.02.5711
H54978620 1 Invoice AV 04/09/2021 04/27/2021 14.39 421 100.05.71.02.5711
72
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
H54979680 1 Invoice AV 04/09/2021 04/27/2021 13.48 421 100.05.71.02.5711
H55005410 1 Invoice AV 04/13/2021 04/27/2021 10.18 421 100.05.71.02.5711
H55005411 1 Invoice AV 04/13/2021 04/27/2021 21.58 421 100.05.71.02.5711
H55005412 1 Invoice AV 04/13/2021 04/27/2021 17.99 421 100.05.71.02.5711
H55015650 1 Invoice AV 04/13/2021 04/27/2021 12.73 421 100.05.71.02.5711
H55015740 1 Invoice AV 04/13/2021 04/27/2021 14.39 421 100.05.71.02.5711
Total BAKER & TAYLOR ENTERTAINMENT:659.67
BOBCAT PLUS, INC.
RB69666 1 Invoice BOBCAT PARTS 03/31/2021 04/27/2021 1,906.34 421 100.04.51.07.5405
Total BOBCAT PLUS, INC.:1,906.34
CDW GOVERNMENT, INC
B021738 1 Invoice RETURN OF DOCKS THAT DON'T 03/29/2021 04/27/2021 549.12-421 100.07.01.06.6501
B296551 1 Invoice ANNUAL ANTI-VIRUS 04/03/2021 04/27/2021 5,911.00 421 100.01.14.00.5507
Total CDW GOVERNMENT, INC:5,361.88
COMPLETE OFFICE OF WIS
918876 3 Invoice MAINT SUPPLIES - PD 04/13/2021 04/27/2021 90.40 421 100.02.20.01.5415
918876 1 Invoice MAINT SUPPLIES - CITY HALL 04/13/2021 04/27/2021 45.20 421 100.01.09.00.5703
918876 5 Invoice MAINT SUPPLIES - RECREATION 04/13/2021 04/27/2021 29.55 421 100.04.51.11.5415
918876 4 Invoice MAINT SUPPLIES - LIBRARY 04/13/2021 04/27/2021 45.20 421 100.05.71.00.5703
918876 2 Invoice MAINT SUPPLIES - UTILITIES 04/13/2021 04/27/2021 90.40 421 605.54.06.41.5702
920140 1 Invoice CALCULATOR 04/14/2021 04/27/2021 93.74 421 100.01.03.00.5701
922357 1 Invoice COURT OFFICE SUPPLIES 04/16/2021 04/27/2021 97.75 421 100.01.08.00.5701
922897 1 Invoice COURT OFFICE SUPPLIES 04/16/2021 04/27/2021 2.44 421 100.01.08.00.5701
Total COMPLETE OFFICE OF WIS:494.68
CORE & MAIN LP
N981867 1 Invoice CULVERT PIPE 04/09/2021 04/27/2021 3,589.30 421 100.04.51.04.5745
O018145 1 Invoice CULVERT SUPPLIES 04/09/2021 04/27/2021 2,191.92 421 100.04.51.04.5745
Total CORE & MAIN LP:5,781.22
DAVE DROEGKAMP HEATING INC
P21-202215 1 Invoice OVERPAYMENT P21-202215 04/19/2021 04/27/2021 51.66 421 100.02.25.00.4250
Total DAVE DROEGKAMP HEATING INC:51.66
DEMCO EDUCATIONAL CORP
6932522 1 Invoice 9" VISTAFOIL AND 2-12 CAP CD C 04/05/2021 04/27/2021 242.44 421 100.05.71.00.5702
Total DEMCO EDUCATIONAL CORP:242.44
EAGLE MEDIA, INC.
00132263 1 Invoice RETIREMENT PLAQUE 04/15/2021 04/27/2021 110.92 421 505.00.00.00.2637
00132313 1 Invoice PUBLIC ACCESS SIGNS 04/08/2021 04/27/2021 60.00 421 100.04.51.03.5743
00132335 1 Invoice ANDERSON UNIFORMS 04/14/2021 04/27/2021 124.80 421 100.02.20.10.5151
Total EAGLE MEDIA, INC.:295.72
FASTENAL COMPANY
WIMUK87082 1 Invoice RESTROOM SUPPLIES 04/07/2021 04/27/2021 487.33 421 100.04.51.08.5704
73
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total FASTENAL COMPANY:487.33
FINDAWAY WORLD LLC
347210 1 Invoice AV 04/12/2021 04/27/2021 43.99 421 100.05.71.02.5711
Total FINDAWAY WORLD LLC:43.99
FLEET CHARGE
2052950 1 Invoice OIL, FILTERS, ETC 01/29/2021 04/27/2021 285.31 421 100.04.51.07.5405
2241293P 1 Invoice FILTER 01/11/2021 04/27/2021 91.44 421 100.04.51.07.5405
Total FLEET CHARGE:376.75
GRAEF INC
0114845 1 Invoice GLEN AT PELLMAN FARM 04/15/2021 04/27/2021 139.50 421 507.00.00.00.2691
0114846 1 Invoice HILLENDALE RECONSTRUCTION 04/15/2021 04/27/2021 846.80 421 401.08.91.19.6507
0114847 1 Invoice WILL ROSE APTS 04/15/2021 04/27/2021 3,099.25 421 507.00.00.00.2699
0114848 1 Invoice JEWELL LAKE DENOON DEVELOP 04/15/2021 04/27/2021 239.00 421 507.00.00.00.2777
0114849 1 Invoice HRIN 4 LOT DEVELOPMENT 04/15/2021 04/27/2021 4,924.25 421 507.00.00.00.2783
0114850 1 Invoice MUSKEGO LAKES ESTATES 04/15/2021 04/27/2021 89.00 421 507.00.00.00.2761
0114851 1 Invoice COBBLESTONE COURT DEVELOP 04/15/2021 04/27/2021 4,310.50 421 507.00.00.00.2646
0114852 1 Invoice COMMONWEALTH SCHOOL DEVE 04/15/2021 04/27/2021 89.00 421 507.00.00.00.2754
0114853 1 Invoice PRESBYTERIAN HOMES - TESS C 04/15/2021 04/27/2021 30.00 421 507.00.00.00.2768
0114854 1 Invoice WELL 11 PUMP REPLACEMENT 04/15/2021 04/27/2021 595.00 421 605.00.00.00.1961
0114855 1 Invoice GLEN AT MUSKEGO LAKES 04/15/2021 04/27/2021 7,024.00 421 507.00.00.00.2716
0114856 1 Invoice RENO BERG CROWBAR DEVELO 04/15/2021 04/27/2021 1,202.50 421 507.00.00.00.2725
0114857 1 Invoice DUNKIN' DEVELOPMENT 04/15/2021 04/27/2021 721.00 421 507.00.00.00.2765
0114858 1 Invoice DENOON COUNTRY ESTATES 04/15/2021 04/27/2021 4,187.14 421 507.00.00.00.2796
0114859 1 Invoice ROAD PROGRAM 04/15/2021 04/27/2021 2,849.00 421 100.07.51.02.6502
0114860 1 Invoice GENERAL ENGINEERING SERVIC 04/15/2021 04/27/2021 4,515.00 421 100.04.19.00.5815
0114861 1 Invoice GENERAL ENGINEERING SEWER 04/15/2021 04/27/2021 3,875.25 421 601.61.63.43.5815
0114862 1 Invoice WELL 10 PUMP REPLACEMENT 04/15/2021 04/27/2021 3,686.79 421 605.00.00.00.1935
0114863 1 Invoice WHITEHOUSE CSM 04/15/2021 04/27/2021 240.00 421 507.00.00.00.2689
0114864 1 Invoice MALLARD POINTE SUBDIVISION C 04/15/2021 04/27/2021 732.00 421 507.00.00.00.2740
0114865 1 Invoice MALLARD POINTE DEVELOPMEN 04/15/2021 04/27/2021 1,467.50 421 507.00.00.00.2740
Total GRAEF INC:44,862.48
GRAINGER
9866379986 1 Invoice WOODS RD L/S 04/13/2021 04/27/2021 30.54 421 601.61.61.16.5411
9871698743 1 Invoice WOODS RD L/S 04/16/2021 04/27/2021 43.91 421 601.61.61.16.5411
Total GRAINGER :74.45
HEARTLAND BUSINESS SYSTEMS
435246-H 1 Invoice ANNUAL AP MAINT.04/05/2021 04/27/2021 1,014.38 421 100.01.14.00.5507
435247-H 1 Invoice ANNUAL MAINT. FIREWALL 04/25/2021 04/27/2021 1,367.85 421 100.05.71.00.5505
437715-H 1 Invoice HOST MAINT. YEARLY 04/14/2021 04/27/2021 2,201.00 421 100.01.14.00.5507
437716-H 1 Invoice ANNUAL MAINT- HOSTS 04/14/2021 04/27/2021 2,409.74 421 100.01.14.00.5507
Total HEARTLAND BUSINESS SYSTEMS:6,992.97
HUMPHREY SERVICE PARTS
1238016 1 Invoice PARKS NETS 04/05/2021 04/27/2021 93.80 421 100.04.51.11.5405
1238205 1 Invoice PARK NETS 04/06/2021 04/27/2021 375.20 421 100.04.51.11.5405
1239341 1 Invoice HEX LAG SCREW 04/20/2021 04/27/2021 65.00 421 100.04.51.07.5405
74
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total HUMPHREY SERVICE PARTS:534.00
HYDROCORP
0061440-IN 1 Invoice MCC MARCH 01/21-12/22 03/31/2021 04/27/2021 829.00 421 605.56.09.23.5815
Total HYDROCORP:829.00
IMPACT ACQUISTIONS LLC
2095152 3 Invoice BASE & OVERAGE - MAYOR/LAW 04/12/2021 04/27/2021 552.78 421 100.01.05.00.5506
2095152 7 Invoice BASE & OVERAGE - LIBRARY 04/12/2021 04/27/2021 713.40 421 100.05.71.00.5401
2095152 1 Invoice BASE & OVERAGE - FINANCE 04/12/2021 04/27/2021 896.61 421 100.01.03.00.5410
2095152 5 Invoice BASE & OVERAGE - POLICE 04/12/2021 04/27/2021 569.21 421 100.02.20.01.5410
2095152 4 Invoice BASE & OVERAGE - COURT 04/12/2021 04/27/2021 507.08 421 100.01.08.00.5504
2095152 2 Invoice BASE & OVERAGE - REC 04/12/2021 04/27/2021 578.52 421 100.05.72.10.5401
2095152 6 Invoice BASE & OVERAGE - COMDEV 04/12/2021 04/27/2021 574.38 421 100.06.18.01.5410
Total IMPACT ACQUISTIONS LLC:4,391.98
INTERSTATE POWER SYSTEMS
235739 1 Invoice GENERATOR INSPECTION 04/12/2021 04/27/2021 515.99 421 100.02.20.01.5415
Total INTERSTATE POWER SYSTEMS:515.99
ITU ABSORB TECH, INC
MSOAB002247 1 Invoice FIRST AID SUPPLIES 04/06/2021 04/27/2021 39.85 421 100.04.51.01.5228
MSOACB0022 1 Invoice FIRST AID SUPPLIES 04/06/2021 04/27/2021 149.40 421 100.04.51.01.5228
Total ITU ABSORB TECH, INC:189.25
JAMES IMAGING SYSTEMS INC
1062021 1 Invoice TONER DISPATCH 03/30/2021 04/27/2021 95.00 421 100.02.20.01.5610
Total JAMES IMAGING SYSTEMS INC:95.00
JERRY WILLKOMM INC.
400556 1 Invoice 15W40 SYNTHETIC 01/11/2021 04/27/2021 113.94 421 100.04.51.07.5405
Total JERRY WILLKOMM INC.:113.94
JET VAC ENVIRONMENTAL
000003767 1 Invoice CAMERA TRUCK 03/31/2021 04/27/2021 626.45 421 601.61.61.16.5411
Total JET VAC ENVIRONMENTAL:626.45
JM BRENNAN, INC.
SALES000128 1 Invoice HVAC PREVENTATIVE MAINT 03/31/2021 04/27/2021 2,580.00 421 100.01.09.00.5415
Total JM BRENNAN, INC.:2,580.00
JOERS, STACI
JO042721 1 Invoice CLASS INSTRUCTION- COOKING 04/14/2021 04/27/2021 36.00 421 100.05.72.18.5110
Total JOERS, STACI:36.00
K D TIRE LLC
844 1 Invoice VEHICLE PARTS 04/05/2021 04/27/2021 730.00 421 250.01.00.00.5410
75
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total K D TIRE LLC:730.00
KENOSHA JOINT SRV.
20321 1 Invoice KENOSHA PD WARRANT SAUNDR 04/14/2021 04/27/2021 639.30 421 100.01.08.00.4272
Total KENOSHA JOINT SRV.:639.30
KUJAWA ENTERPRISES INC.
14592 1 Invoice 0421 PLANT MAINTENANCE 04/02/2021 04/27/2021 61.00 421 100.05.71.00.5415
Total KUJAWA ENTERPRISES INC.:61.00
LAKE DENOON LAKE DISTRICT
LD042721 1 Invoice 2020 LAKE FEES 04/22/2021 04/27/2021 22,880.00 421 501.00.00.00.2308
Total LAKE DENOON LAKE DISTRICT:22,880.00
LANDMARK STUDIO, LTD
64521 1 Invoice GREEN POSTS 04/14/2021 04/27/2021 912.00 421 100.04.51.03.5743
64522 1 Invoice SIGN POSTS 04/14/2021 04/27/2021 260.00 421 100.04.51.03.5743
Total LANDMARK STUDIO, LTD:1,172.00
LIBERTY PRINTING
09195.1 1 Invoice BUSINESS CARDS - TIM, RICK, ST 04/13/2021 04/27/2021 90.00 421 605.54.06.41.5702
09195.2 1 Invoice BUSINESS CARDS - TIM 04/09/2021 04/27/2021 30.00 421 605.54.06.41.5702
Total LIBERTY PRINTING:120.00
MARCO TECHNOLOGIES LLC
INV8645695 1 Invoice PHONE HELP 04/14/2021 04/27/2021 75.00 421 100.01.14.00.5840
Total MARCO TECHNOLOGIES LLC:75.00
MENARDS
3934 1 Invoice SEWER COUPLING/PIPE 04/08/2021 04/27/2021 544.03 421 601.61.61.16.5411
Total MENARDS:544.03
MICROMARKETING LLC
845736 1 Invoice AV 04/06/2021 04/27/2021 40.00 421 100.05.71.02.5711
Total MICROMARKETING LLC:40.00
MIDWEST TAPE
500265203 1 Invoice AV 04/05/2021 04/27/2021 98.98 421 100.05.71.02.5711
Total MIDWEST TAPE:98.98
MILWAUKEE JOURNAL SENTINEL
003768963 1 Invoice ELECTION 03/31/2021 04/27/2021 222.97 421 100.01.03.00.5704
003768963 2 Invoice MISC PUBLICATIONS 03/31/2021 04/27/2021 397.22 421 100.01.06.00.6001
Total MILWAUKEE JOURNAL SENTINEL:620.19
MINNESOTA/WISCONSIN PLAYGROUND
2021067 1 Invoice MANCHESTER PARK- HOPE PLAY 04/07/2021 04/27/2021 54,700.24 421 202.08.94.74.6578
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CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total MINNESOTA/WISCONSIN PLAYGROUND:54,700.24
MOTOROLA SOLUTIONS
16145042 1 Invoice NEW MOTOROLA RADIOS 04/09/2021 04/27/2021 8,929.36 421 410.08.91.20.6520
Total MOTOROLA SOLUTIONS:8,929.36
MUSKEGO NORWAY SCHOOL DISTRICT
MU042721 1 Invoice FACILITY USE FEES FOR JANUAR 04/09/2021 04/27/2021 3,515.00 421 100.05.72.10.5420
Total MUSKEGO NORWAY SCHOOL DISTRICT:3,515.00
NEW BERLIN POLICE DEPT.
NE/042721 1 Invoice NBPD SEATBELT GRANT 04/16/2021 04/27/2021 981.24 421 100.02.20.01.4127
Total NEW BERLIN POLICE DEPT.:981.24
NORD CONSTRUCTION LLC
568-20 1 Invoice MANCHESTER PLAYGROUND 04/19/2021 04/27/2021 8,500.00 421 202.08.94.74.6578
Total NORD CONSTRUCTION LLC:8,500.00
NORTHERN LAKE SERVICE INC
398138 1 Invoice BACTERIA TESTS 04/16/2021 04/27/2021 22.00 421 605.56.09.23.5865
Total NORTHERN LAKE SERVICE INC:22.00
OLSON'S OUTDOOR POWER
155711 1 Invoice CHAIN SAW PARTS 03/25/2021 04/27/2021 42.42 421 215.06.00.00.5704
Total OLSON'S OUTDOOR POWER:42.42
ORGANIZATION DEVELOPMENT CONSULTANTS
13073 1 Invoice KLINK PSYCH 03/31/2021 04/27/2021 700.00 421 100.02.20.01.5845
Total ORGANIZATION DEVELOPMENT CONSULTANTS:700.00
PAGEFREEZER SOFTWARE, INC.
INV-9483 1 Invoice ADDITONAL PD FACEBOOK PAGE 04/09/2021 04/27/2021 240.00 421 100.07.01.06.6504
Total PAGEFREEZER SOFTWARE, INC.:240.00
PARTSMASTER
23661629 1 Invoice NUT NYLON/THERMAPOD BLUE 04/09/2021 04/27/2021 98.28 421 100.04.51.07.5405
Total PARTSMASTER:98.28
POSTMASTER OF MUSKEGO
PO042721 1 Invoice POSTAGE FOR SUMMER PROGRA 04/16/2021 04/27/2021 1,700.00 421 100.05.72.10.5820
Total POSTMASTER OF MUSKEGO:1,700.00
PRECISE ALIGNMENT INC
19900 1 Invoice 2004 INTERNATIONAL 04/05/2021 04/27/2021 2,442.32 421 100.04.51.07.5405
Total PRECISE ALIGNMENT INC:2,442.32
77
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
PROHEALTH CARE
19740000 1 Invoice BLOOD DRAWS 04/01/2021 04/27/2021 175.00 421 100.02.20.01.5722
307680 1 Invoice KLINK PHYSICAL 04/01/2021 04/27/2021 146.00 421 100.02.20.01.5845
307690 1 Invoice REED DRUG TEST 04/01/2021 04/27/2021 43.00 421 100.02.20.01.5845
Total PROHEALTH CARE:364.00
QUALITY POWER SOLUTIONS
29864878 1 Invoice TURNKEY INSTALL/DELIVERY/STA 04/14/2021 04/27/2021 32,916.20 421 100.01.06.00.6108
Total QUALITY POWER SOLUTIONS:32,916.20
R.S. PAINT & TOOLS LLC
517251 1 Invoice TILE SPADES 04/14/2021 04/27/2021 108.36 421 100.04.51.08.5415
542040 1 Invoice PINK MARKING PAINT 04/08/2021 04/27/2021 82.56 421 100.04.51.07.5704
Total R.S. PAINT & TOOLS LLC:190.92
RACINE CNTY SHERIFFS DEPT
RA042721 1 Invoice JEFFERY BENNETT WARRANT RA 04/13/2021 04/27/2021 285.00 421 100.01.08.00.4272
Total RACINE CNTY SHERIFFS DEPT:285.00
RELIANCE STANDARD LIFE INS CO
VPL302974/04 1 Invoice LONG TERM DISSABILITY 04/16/2021 04/27/2021 640.15 421 100.00.00.00.2246
Total RELIANCE STANDARD LIFE INS CO:640.15
RIPLEY, MIKE
00019792 1 Invoice COURT ORDERED REFUND 04/20/2021 04/27/2021 861.00 421 100.01.08.00.4269
00019793 1 Invoice COURT ORDERED REFUND 04/20/2021 04/27/2021 565.00 421 100.01.08.00.4269
Total RIPLEY, MIKE:1,426.00
SAFEWAY PEST MANAGEMENT INC.
658654 1 Invoice OLD PD PEST CONTROL 04/19/2021 04/27/2021 38.00 421 100.02.20.01.5415
658655 1 Invoice APR21 PEST CONTROL 04/19/2021 04/27/2021 35.00 421 100.05.71.00.5415
658656 1 Invoice MONTHLY PEST CONTROL - CH 04/19/2021 04/27/2021 40.00 421 100.01.09.00.5415
659785 1 Invoice NEW PD PEST CONTROL 04/20/2021 04/27/2021 45.00 421 100.02.20.01.5415
Total SAFEWAY PEST MANAGEMENT INC.:158.00
SECURIAN FINANCIAL GROUP, INC.
002832L/04272 1 Invoice MAY 2021 PREMIUMS 04/14/2021 04/27/2021 2,562.08 421 100.00.00.00.2207
Total SECURIAN FINANCIAL GROUP, INC.:2,562.08
SHERWIN INDUSTRIES, INC.
SC046490 1 Invoice FIBER MIX BULK 04/07/2021 04/27/2021 1,191.64 421 100.04.51.02.5740
Total SHERWIN INDUSTRIES, INC.:1,191.64
SHERWIN-WILLIAMS CO.
0987-9 1 Invoice ANGLE SASH 03/26/2021 04/27/2021 22.76 421 100.04.51.11.5415
3333-9 1 Invoice GLASS BEADS 04/01/2021 04/27/2021 6,737.50 421 100.04.51.02.5742
3522-7 1 Invoice WHITE PAINT 04/08/2021 04/27/2021 5,692.50 421 100.04.51.02.5742
3546-6 1 Invoice YELLOW PAINT 04/09/2021 04/27/2021 5,692.50 421 100.04.51.02.5742
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CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total SHERWIN-WILLIAMS CO.:18,145.26
SOMAR TEK LLC/ ENTERPRISES
102237 1 Invoice AWARDS FOR AWARDS CEREMO 04/05/2021 04/27/2021 44.99 421 505.00.00.00.2637
102248 1 Invoice CHIEF BADGE 04/13/2021 04/27/2021 110.25 421 100.02.20.01.5151
Total SOMAR TEK LLC/ ENTERPRISES:155.24
STREICHER'S
I1495028 1 Invoice TEMPLE VEST 04/05/2021 04/27/2021 800.00 421 100.02.20.01.5227
I1495028 2 Invoice TEMPLE VEST EXCESS 04/05/2021 04/27/2021 191.98 421 100.02.20.01.5151
Total STREICHER'S:991.98
SUNSET LAW ENFORCEMENT
0004959-IN 1 Invoice 9MM AMMO 04/02/2021 04/27/2021 2,380.00 421 100.02.20.01.5720
Total SUNSET LAW ENFORCEMENT:2,380.00
SUPERIOR CHEMICAL
293999 1 Invoice NORTH WOODS 02/24/2021 04/27/2021 441.81 421 100.04.51.08.5415
Total SUPERIOR CHEMICAL:441.81
TAPCO INC.
I693995 1 Invoice STREET SIGN 04/07/2021 04/27/2021 69.69 421 100.04.51.03.5743
Total TAPCO INC.:69.69
TIAA COMMERCIAL FINANCE, INC.
8068873 1 Invoice 05/01/21-05/31/21 STAFF PRINTER 04/10/2021 04/27/2021 336.55 421 100.05.71.00.5401
Total TIAA COMMERCIAL FINANCE, INC.:336.55
TIME WARNER CABLE
723336001040 1 Invoice SKATE PARK CONNECTION 04/07/2021 04/27/2021 104.98 421 100.04.51.11.5415
Total TIME WARNER CABLE:104.98
U.S. CELLULAR
0431268208 3 Invoice MONTHLY CHARGE-SEWER SCAD 03/28/2021 04/27/2021 142.75 421 601.61.63.42.5606
0431268208 7 Invoice MONTHLY CHARGE-REC 03/28/2021 04/27/2021 10.00 421 100.05.72.10.5601
0431268208 1 Invoice MONTHLY CHARGE-POLICE 03/28/2021 04/27/2021 49.01 421 100.02.20.01.5604
0431268208 5 Invoice MONTHLY CHARGE-FINANCE 03/28/2021 04/27/2021 30.00 421 100.01.03.00.5601
0431268208 4 Invoice MONTHLY CHARGE-IS 03/28/2021 04/27/2021 40.00 421 100.01.14.00.5601
0431268208 2 Invoice MONTHLY CHARGE-WATER SCAD 03/28/2021 04/27/2021 142.75 421 605.56.09.21.5607
0431268208 6 Invoice MONTHLY CHARGE-DPW 03/28/2021 04/27/2021 365.00 421 100.04.51.01.5605
Total U.S. CELLULAR:779.51
UNEMPLOYMENT INSURANCE
000010727840 1 Invoice BENEFIT CHARGES MARCH 2021 03/31/2021 04/27/2021 2,232.91 421 100.01.06.00.6020
Total UNEMPLOYMENT INSURANCE:2,232.91
VERIZON WIRELESS
9877312791 1 Invoice PD MONTHLY CELL 04/10/2021 04/27/2021 731.27 421 100.02.20.01.5604
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CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9
Report dates: 4/14/2021-4/27/2021 Apr 26, 2021 01:36PM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total VERIZON WIRELESS:731.27
WAUKESHA COUNTY TREASURER
2021-2004004 1 Invoice INMATE BILLING 04/08/2021 04/27/2021 37.28 421 100.01.08.00.6017
2021-22DUMP 1 Invoice REFUSE HAULER PERMIT REFUN 04/07/2021 04/27/2021 280.00 421 100.01.02.00.4262
Total WAUKESHA COUNTY TREASURER:317.28
WE ENERGIES
1000067026 1 Invoice LIGHTING RYAN DR & MIKAYLA CT 04/09/2021 04/27/2021 448.00 421 100.04.51.06.5916
3660241673 1 Invoice STREET LIGHTING 04/05/2021 04/27/2021 7,508.92 421 100.04.51.06.5910
Total WE ENERGIES:7,956.92
WELDERS SUPPLY COMPANY
10204167 1 Invoice MONTHLY ACETYLENE 03/31/2021 04/27/2021 6.65 421 100.04.51.07.5405
10207135 1 Invoice 1 YEAR PREPAID RENTAL 04/15/2021 04/27/2021 385.00 421 100.04.51.07.5405
Total WELDERS SUPPLY COMPANY:391.65
WESTERN CULVERT & SUPPLY INC
062874 1 Invoice CULVERT SUPPLIES 04/16/2021 04/27/2021 3,698.50 421 100.04.51.04.5745
Total WESTERN CULVERT & SUPPLY INC:3,698.50
Grand Totals: 273,191.50
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"
80
Approved by the Wisconsin Real Estate Examining Board
1/1/2021 (Optional Use Date) 2/1/2021 (Mandatory Use Date)Page 1 of 12, WB-13
WB-13 VACANT LAND OFFER TO PURCHASE
1 LICENSEE DRAFTING THIS OFFER ON [DATE] IS (AGENT OF BUYER)
2 (AGENT OF SELLER/LISTING FIRM) (AGENT OF BUYER AND SELLER) STRIKE THOSE NOT APPLICABLE
3 The Buyer,
4 offers to purchase the Property known as
5
6 [e.g., Street Address, Parcel Number(s), legal description, or insert additional description, if any, at lines 650-664, or
7 attach as an addendum per line 686] in the of ,
8 County of Wisconsin, on the following terms:
9 The purchase price isPURCHASE PRICE
10 Dollars ($ ).
11 Included in purchase price is the Property, all Fixtures on the Property as of the dateINCLUDED IN PURCHASE PRICE
12 stated on line 1 of this Offer (unless excluded at lines 17-18), and the following additional items:
13
14 NOTE: The terms of this Offer, not the listing contract or marketing materials, determine what items are included
15 or not included. Annual crops are not part of the purchase price unless otherwise agreed.
16 Not included in purchase price is Seller’s personal property (unless included atNOT INCLUDED IN PURCHASE PRICE
lines 12-13) and the following:17
18
19 CAUTION: Identify Fixtures that are on the Property (see lines 21-25) to be excluded by Seller or that are rented
and will continue to be owned by the lessor.20
21 “Fixture” is defined as an item of property which is physically attached to or so closely associated with land so as to be
22 treated as part of the real estate, including, without limitation, physically attached items not easily removable without damage
23 to the premises, items specifically adapted to the premises and items customarily treated as fixtures, including, but not
24 limited to, all: perennial crops, garden bulbs; plants; shrubs and trees; fences; storage buildings on permanent foundations
25 and docks/piers on permanent foundations.
26 CAUTION: Exclude any Fixtures to be retained by Seller or that are rented on lines 17-18 or at lines 650-664 or in
27 an addendum per line 686.
28 This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to BuyerBINDING ACCEPTANCE
.29 on or before
30 Seller may keep the Property on the market and accept secondary offers after binding acceptance of this Offer.
31 CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
32 ACCEPTANCE Acceptance occurs when all Buyers and Sellers have signed one copy of the Offer, or separate but identical
33 copies of the Offer.
34 CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider whether short term
35 Deadlines running from acceptance provide adequate time for both binding acceptance and performance.
36 CLOSING This transaction is to be closed on
37
38 at the place selected by Seller, unless otherwise agreed by the Parties in writing. If the date for closing falls on a Saturday,
39 Sunday, or a federal or a state holiday, the closing date shall be the next Business Day.
40 CAUTION: To reduce the risk of wire transfer fraud, any wiring instructions received should be independently
41 verified by phone or in person with the title company, financial institution, or entity directing the transfer. The real
42 estate licensees in this transaction are not responsible for the transmission or forwarding of any wiring or money
43 transfer instructions.
44 EARNEST MONEY
45 EARNEST MONEY of $ accompanies this Offer.
46 If Offer was drafted by a licensee, receipt of the earnest money accompanying this Offer is acknowledged.
47 EARNEST MONEY of $ will be mailed, or commercially, electronically
48 or personally delivered within days (“5” if left blank) after acceptance.
49 All earnest money shall be delivered to and held by (listing Firm) (drafting Firm) (other identified as
50 ) STRIKE THOSE NOT APPLICABLE
51 (listing Firm if none chosen; if no listing Firm, then drafting Firm; if no Firm then Seller).
52 CAUTION: If a Firm does not hold earnest money, an escrow agreement should be drafted by the Parties or an
53 attorney as lines 56-76 do not apply. If someone other than Buyer pays earnest money, consider a special
54 disbursement agreement.
55 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise agreed in writing.
Phone: Fax:
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Realty Executives Integrity-Brookfield
April 2, 2021
Sylwia G Enerson
Woods Rd city lot, .6726 acres
of tax key no. 2227.989.012,
city Muskego
Waukesha
Sixty-Five Thousand
65,000.00
n/a
n/a
April 30, 2021
a future date mutually agreed to by all parties.
Realty Executives Integrity-Brookfield, 13005 W. Bluemound Rd. Brookfield WI 53005 262-783-7080 262-783-4885 Woods Rd
Monica Duerwachter
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
1281
Property Address:Page 2 of 12, WB-13
56 DISBURSEMENT IF EARNEST MONEY HELD BY A FIRM: If negotiations do not result in an accepted offer and the
57 earnest money is held by a Firm, the earnest money shall be promptly disbursed (after clearance from payer's depository
58 institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest money shall
59 be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according
60 to a written disbursement agreement signed by all Parties to this Offer. If said disbursement agreement has not been
61 delivered to the Firm holding the earnest money within 60 days after the date set for closing, that Firm may disburse the
62 earnest money: (1) as directed by an attorney who has reviewed the transaction and does not represent Buyer or Seller;
63 (2) into a court hearing a lawsuit involving the earnest money and all Parties to this Offer; (3) as directed by court order; (4)
64 upon authorization granted within this Offer; or (5) any other disbursement required or allowed by law. The Firm may retain
65 legal services to direct disbursement per (1) or to file an interpleader action per (2) and the Firm may deduct from the
66 earnest money any costs and reasonable attorneys’ fees, not to exceed $250, prior to disbursement.
67 LEGAL RIGHTS/ACTION: The Firm’s disbursement of earnest money does not determine the legal rights of the Parties
68 in relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by the Firm holding the earnest
69 money. At least 30 days prior to disbursement per (1), (4) or (5) above, where the Firm has knowledge that either Party
70 disagrees with the disbursement, the Firm shall send Buyer and Seller written notice of the intent to disburse by certified
71 mail. If Buyer or Seller disagrees with the Firm’s proposed disbursement, a lawsuit may be filed to obtain a court order
72 regarding disbursement. Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of
73 residential property with one-to-four dwelling units. Buyer and Seller should consider consulting attorneys regarding their
74 legal rights under this Offer in case of a dispute. Both Parties agree to hold the Firm harmless from any liability for good
faith disbursement of earnest money in accordance with this Offer or applicable Department of Safety and Professional75
Services regulations concerning earnest money. See Wis. Admin. Code Ch. REEB 18.76
TIME IS OF THE ESSENCE “Time is of the Essence” as to: (1) earnest money payment(s); (2) binding acceptance; (3)77
occupancy; (4) date of closing; (5) contingency Deadlines STRIKE AS APPLICABLE and all other dates and Deadlines in78
this Offer except:79
. If “Time is of the Essence” applies to a date or Deadline,80
failure to perform by the exact date or Deadline is a breach of contract. If "Time is of the Essence" does not apply to a date81
or Deadline, then performance within a reasonable time of the date or Deadline is allowed before a breach occurs.82
83 VACANT LAND DISCLOSURE REPORT Wisconsin law requires owners of real property that does not include any
84 buildings to provide Buyers with a Vacant Land Disclosure Report. Excluded from this requirement are sales exempt from
85 the real estate transfer fee and sales by certain court-appointed fiduciaries, for example, personal representatives, who
86 have never occupied the Property. The form of the Report is found in Wis. Stat. § 709.033. The law provides: "§ 709.02
87 Disclosure . . . the owner of the property shall furnish, not later than 10 days after acceptance of a contract of sale . . ., to
88 the prospective buyer of the property a completed copy of the report . . . A prospective buyer who does not receive a report
89 within the 10 days may, within 2 business days after the end of that 10-day period, rescind the contract of sale . . . by
90 delivering a written notice of rescission to the owner or the owner's agent." Buyer may also have certain rescission rights if
91 a Vacant Land Disclosure Report disclosing defects is furnished before expiration of the 10 days, but after the Offer is
92 submitted to Seller. Buyer should review the report form or consult with an attorney for additional information regarding
93 rescission rights.
94 PROPERTY CONDITION REPRESENTATIONS Seller represents to Buyer that as of the date of acceptance Seller has
95 no notice or knowledge of Conditions Affecting the Property or Transaction (lines 101-181) other than those identified in
96 Seller's Vacant Land Disclosure Report dated , which was received by Buyer prior to Buyer
signing this Offer and that is made a part of this Offer by reference97 COMPLETE DATE OR STRIKE AS APPLICABLE
and98
99
100 INSERT CONDITIONS NOT ALREADY INCLUDED IN THE DISCLOSURE REPORT
101 “Conditions Affecting the Property or Transaction” are defined to include:
102 a. Flooding, standing water, drainage problems, or other water problems on or affecting the Property.
b. Impact fees or another condition or occurrence that would significantly increase development costs or reduce the value103
104 of the property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
c. Brownfields (abandoned, idled, or underused land that may be subject to environmental contamination) or other105
106 contaminated land on the property, or that contaminated soils on the property have been cleaned up under the Petroleum
107 Environmental Cleanup Fund Act (PECFA), a Wisconsin Department of Natural Resources (DNR) remedial or cleanup
program, the DATCP Agricultural Chemical Cleanup Program, or other similar program.108
d. Subsoil conditions that would significantly increase the cost of development, including, but not limited to, subsurface109
foundations or waste material; any type of fill; dumpsites where pesticides, herbicides, fertilizer, or other toxic or hazardous110
111 materials or containers for these materials were disposed of in violation of manufacturer or government guidelines or other
laws regulating such disposal; high groundwater; adverse soil conditions, such as low load-bearing capacity, earth or soil112
movement, settling, upheavals, or slides; excessive rocks or rock formations; or other soil problems.113
e. Material violation of an environmental rule or other rule or agreement regulating the use of the Property.114
f. Defects caused by unsafe concentrations of, or unsafe conditions relating to, radon, radium in water supplies, lead in115
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116 soil, or other potentially hazardous or toxic substances on the Property; manufacture of methamphetamine or other
117 hazardous or toxic substances on the Property; or high voltage electric (100 KV or greater) or steel natural gas transmission
118 lines located on but not directly serving the Property.
119 g. Defects caused by unsafe concentrations of, unsafe conditions relating to, or the storage of, hazardous or toxic
120 substances on neighboring properties.
h. The Property is served by a joint well; Defects related to a joint well serving the Property; or Defects in a well on the121
Property or in a well that serves the Property, including unsafe well water due to contaminants such as coliform, nitrates, or122
atrazine, or any out-of-service wells or cisterns that are required to be abandoned (see § NR 812.26, Wis. Adm. Code) but123
that are not closed or abandoned according to applicable regulations.124
i. Defects in any septic system or other private sanitary disposal system on the Property; or any out-of-service septic125
system serving the Property not closed or abandoned according to applicable regulations.
j. Underground or aboveground fuel storage tanks presently or previously on the Property for storage of flammable or127
combustible liquids including, but not limited to, gasoline or heating oil; or Defects in the underground or aboveground fuel128
storage tanks on or previously located on the Property. Defects in underground or aboveground fuel storage tanks may129
include items such as abandoned tanks not closed in conformance with applicable local, state, and federal law; leaking;130
corrosion; or failure to meet operating standards. (The owner, by law, may have to register the tanks with the Department131
of Agriculture, Trade and Consumer Protection at P.O. Box 8911, Madison, Wisconsin, 53708, whether the tanks are in use132
or not. Department regulations may require closure or removal of unused tanks.)133
k. Existing or abandoned manure storage facilities located on the property.134
l. Notice of property tax increases, other than normal annual increases, or pending Property tax reassessment;135
remodeling that may increase the Property's assessed value; pending special assessments; or Property is within a special136
purpose district, such as a drainage district, that has authority to impose assessments on the Property.137
m. Proposed, planned, or commenced public improvements or public construction projects that may result in special138
assessments or that may otherwise materially affect the Property or the present use of the Property; or any land division139
involving the Property without required state or local permits.140
n. The Property is part of or subject to a subdivision homeowners’ association; or the Property is not a condominium unit141
142 and there are common areas associated with the Property that are co-owned with others.
143 o. Any zoning code violations with respect to the Property; the Property or any portion thereof is located in a floodplain,
wetland or shoreland zoning area under local, state or federal regulations; or the Property is subject to a mitigation plan144
required by Wisconsin Department of Natural Resources (DNR) rules related to county shoreland zoning ordinances, that145
146 obligates the Property owner to establish or maintain certain measures related to shoreland conditions, enforceable by the
147 county.
148 p. Nonconforming uses of the Property (a nonconforming use is a use of land that existed lawfully before the current zoning
ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance); conservation149
easements (a conservation easement is a legal agreement in which a property owner conveys some of the rights associated150
with ownership of his or her property to an easement holder such as a governmental unit or a qualified nonprofit organization151
to protect the natural habitat of fish, wildlife, or plants or a similar ecosystem, preserve areas for outdoor recreation or152
education, or for similar purposes); restrictive covenants or deed restrictions on the Property; or, other than public rights-of-153
way, nonowners having rights to use part of the Property, including, but not limited to, private rights-of-way and easements154
other than recorded utility easements.155
156 q. All or part of the Property has been assessed as agricultural land; has been assessed a use-value assessment
157 conversion charge; or payment of a use-value assessment conversion charge has been deferred.
r. All or part of the Property is subject to, enrolled in, or in violation of a farmland preservation agreement, Forest Crop158
Law, Managed Forest Law, the Conservation Reserve Program, or a comparable program.159
160 s. A dam is totally or partially located on the Property; or an ownership interest in a dam not located on the Property will
be transferred with the Property because the dam is owned collectively by a homeowners’ association, lake district, or161
162 similar group of which the Property owner is a member.
163 t. No legal access to the Property; or boundary or lot line disputes, encroachments or encumbrances (including a joint
164 driveway) affecting the Property. Encroachments often involve some type of physical object belonging to one person but
165 partially located on or overlapping on land belonging to another; such as, without limitation, fences, houses, garages,
166 driveways, gardens, and landscaping. Encumbrances include, without limitation, a right or claim of another to a portion of
the Property or to the use of the Property such as a joint driveway, liens, and licenses.167
168 u. Government agency, court order, or federal, state, or local regulations requiring repair, alteration or correction of an
169 existing condition.
170 v. A pier attached to the Property not in compliance with state or local pier regulations; a written agreement affecting
171 riparian rights related to the Property; or the bed of the abutting navigable waterway is owned by a hydroelectric operator.
172 w. Material damage from fire, wind, flood, earthquake, expansive soil, erosion, or landslide.
173 x. Significant odor, noise, water diversion, water intrusion, or other irritants emanating from neighboring property.
174 y. Significant crop damage from disease, insects, soil contamination, wildlife, or other causes; diseased or dying trees or
175 shrubs; or substantial injuries or disease in livestock on the Property or neighboring property.
z. Animal, reptile, or other insect infestations; drainage easement or grading problems; excessive sliding; or any other176
177 Defect or material condition.
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Woods Rd city lot, .6726 acres , , Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
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aa. Archeological artifacts, mineral rights, orchards, or endangered species, or one or more burial sites on the Property.178
179 Owner is a foreign person as defined in the Foreign Investment in Real Property Tax Act in 26 IRC § 1445(f).bb.
cc. Other Defects affecting the Property such as any agreements that bind subsequent owners of the property, such as a180
lease agreement or an extension of credit from an electric cooperative.181
182 GOVERNMENT PROGRAMS:Seller shall deliver to Buyer, within days (“15” if left blank) after acceptance
of this Offer, a list of all federal, state, county, and local conservation, farmland, environmental, or other land use programs,183
184 agreements, restrictions, or conservation easements, which apply to any part of the Property (e.g., farmland preservation
agreements, farmland preservation or exclusive agricultural zoning, use value assessments, Forest Crop, Managed Forest,185
Conservation Reserve Program, wetland mitigation, shoreland zoning mitigation plan or comparable programs), along with186
187 disclosure of any penalties, fees, withdrawal charges, or payback obligations pending, or currently deferred, if any. This
contingency will be deemed satisfied unless Buyer delivers to Seller, within 7 days after the deadline for delivery, a notice188
189 terminating this Offer based upon the use restrictions, program requirements, and/or amount of any penalty, fee, charge, or
190 payback obligation.
CAUTION: If Buyer does not terminate this Offer, Buyer is hereby agreeing that Buyer will continue in such191
programs, as may apply, and Buyer agrees to reimburse Seller should Buyer fail to continue any such program192
such that Seller incurs any costs, penalties, damages, or fees that are imposed because the program is not193
194 continued after sale. The Parties agree this provision survives closing.
195 MANAGED FOREST LAND:If all, or part, of the Property is managed forest land under the Managed Forest Law (MFL)
program, this designation will continue after closing. Buyer is advised as follows: The MFL is a landowner incentive196
197 program that encourages sustainable forestry on private woodlands by reducing and deferring property taxes. Orders
198 designating lands as managed forest lands remain in effect for 25 or 50 years. When ownership of land enrolled in the
MFL program changes, the new owner must sign and file a report of the change of ownership on a form provided by the199
200 Department of Natural Resources and pay a fee. By filing this form, the new owner agrees to the associated MFL
management plan and the MFL program rules. The DNR Division of Forestry monitors forest management plan201
202 compliance. Changes a landowner makes to property that is subject to an order designating it as managed forest land,
or to its use, may jeopardize benefits under the program or may cause the property to be withdrawn from the program203
and may result in the assessment of penalties. For more information call the local DNR forester or visit204
https://dnr.wisconsin.gov/topic/forestry .205
USE VALUE ASSESSMENTS:The use value assessment system values agricultural land based on the income that206
207 would be generated from its rental for agricultural use rather than its fair market value. When a person converts agricultural
208 land to a non-agricultural use (e.g., residential or commercial development), that person may owe a conversion charge.
To obtain more information about the use value law or conversion charge, contact the Wisconsin Department of Revenue's209
210 Equalization Bureau or visit http://www.revenue.wi.gov/.
211 FARMLAND PRESERVATION:The early termination of a farmland preservation agreement or removal of land from such
212 an agreement can trigger payment of a conversion fee equal to 3 times the per acre value of the land. Contact the
213 Wisconsin Department of Agriculture, Trade and Consumer Protection Division of Agricultural Resource Management or
visit http://www.datcp.state.wi.us/for more information.214
215 CONSERVATION RESERVE PROGRAM (CRP):The CRP encourages farmers, through contracts with the U.S.
Department of Agriculture, to stop growing crops on highly erodible or environmentally sensitive land and instead to plant216
217 a protective cover of grass or trees. CRP contracts run for 10 to 15 years, and owners receive an annual rent as well as
218 certain incentive payments and cost share assistance for establishing long-term, resource-conserving ground cover.
Removing lands from the CRP in breach of a contract can be quite costly. For more information call the state Farm Service219
Agency office or visit http://www.fsa.usda.gov/220 .SHORELAND ZONING ORDINANCES:All counties must adopt uniform shoreland zoning ordinances in compliance with221
Wis. Admin. Code Chapter NR 115. County shoreland zoning ordinances apply to all unincorporated land within 1,000222
223 feet of a navigable lake, pond or flowage or within 300 feet of a navigable river or stream and establish minimum standards
for building setbacks and height limits, cutting trees and shrubs, lot sizes, water runoff, impervious surface standards (that224
may be exceeded if a mitigation plan is adopted and recorded) and repairs to nonconforming structures. Buyers must225
conform to any existing mitigation plans. For more information call the county zoning office or visit https://dnr.wi.gov/.226
Buyer is advised to check with the applicable city, town or village for additional shoreland zoning or shoreland-wetland227
228 zoning restrictions, if any.
FENCES:Wis. Stat. § 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal shares229
230 where one or both of the properties is used and occupied for farming or grazing purposes.
231 CAUTION: Consider an agreement addressing responsibility for fences if Property or adjoining land is used and
occupied for farming or grazing purposes.232
233 PROPERTY DEVELOPMENT WARNING:If Buyer contemplates developing Property for a use other than the current use,
234 there are a variety of issues that should be addressed to ensure the development or new use is feasible. Buyer is solely
responsible to verify the current zoning allows for the proposed use of the Property at lines 251-255. Municipal and zoning235
236 ordinances, recorded building and use restrictions, covenants and easements may prohibit certain improvements or uses
and therefore should be reviewed. Building permits, zoning or zoning variances, Architectural Control Committee approvals,237
estimates for utility hook-up expenses, special assessments, changes for installation of roads or utilities, environmental238
239 audits, subsoil tests, or other development related fees may need to be obtained or verified in order to determine the
240 feasibility of development of, or a particular use for, a property. Optional contingencies that allow Buyer to investigate certain
of these issues can be found at lines 244-304 and Buyer may add contingencies as needed in addenda (see line 686).241
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242 Buyer should review any plans for development or use changes to determine what issues should be addressed in these
243 contingencies.
244 PROPOSED USE CONTINGENCIES:This Offer is contingent upon Buyer obtaining, at Buyer’s expense, the reports or
245 documentation required by any optional provisions checked on lines 256-281 below. The optional provisions checked on
lines 256-281 shall be deemed satisfied unless Buyer, within days (“30” if left blank) after acceptance, delivers: (1)246
written notice to Seller specifying those optional provisions checked below that cannot be satisfied and (2) written evidence247
248 substantiating why each specific provision referred to in Buyer’s notice cannot be satisfied. Upon delivery of Buyer’s notice,
249 this Offer shall be null and void. Seller agrees to cooperate with Buyer as necessary to satisfy the contingency provisions
250 checked at lines 256-281.
Proposed Use:Buyer is purchasing the Property for the purpose of:251
252
253 [insert proposed use
254 and type or style of building(s), size and proposed building location(s), if a requirement of Buyer’s condition to
purchase, e.g.1400-1600 sq. ft. three-bedroom single family ranch home in northwest corner of lot].255
ZONING:Verification of zoning and that the Property’s zoning allows Buyer’s proposed use described at lines256
251-255.257
SUBSOILS:Written evidence from a qualified soils expert that the Property is free of any subsoil condition that258
would make the proposed use described at lines 251-255 impossible or significantly increase the costs of such259
development.260
PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM (POWTS) SUITABILITY:Written evidence from a261
certified soils tester that: (a) the soils at the Property locations selected by Buyer, and (b) all other conditions that must262
be approved, meet the legal requirements in effect on the date of this Offer to obtain a permit for a POWTS for use of263
the Property as stated on lines 251-255. The POWTS (septic system) allowed by the written evidence must be one of264
the following POWTS that is approved by the State for use with the type of property identified at lines 251-255 CHECK265
ALL THAT APPLY conventional in-ground; mound; at grade; in-ground pressure distribution; holding266
tank; other:.267
EASEMENTS AND RESTRICTIONS:Copies of all public and private easements, covenants and restrictions268
affecting the Property and a written determination by a qualified independent third party that none of these prohibit or269significantly delay or increase the costs of the proposed use or development identified at lines 251-255.270
APPROVALS/PERMITS:Permits, approvals and licenses, as appropriate, or the final discretionary action by the271granting authority prior to the issuance of such permits or building permit, approvals and licenses, for the following items272
related to Buyer’s proposed use:273
274 .275 UTILITIES:Written verification of the location of the following utility service connections (e.g., on the Property, at
the lot line, across the street, etc.) CHECK AND COMPLETE AS APPLICABLE :276
277 electricity ;gas ; sewer ;
278 water ; telephone ; cable ;
279 other .
280 ACCESS TO PROPERTY:Written verification that there is legal vehicular access to the Property from public
281 roads.
282 LAND USE APPROVAL/PERMITS:This Offer is contingent upon (Buyer)(Seller) STRIKE ONE (“Buyer” if neither
stricken) obtaining the following, including all costs: a CHECK ALL THAT APPLY rezoning; conditional use permit;283
284 variance; other for the Property for its proposed use described at lines 251-255.
285 Seller agrees to cooperate with Buyer as necessary to satisfy this contingency. Buyer shall deliver, within days of
acceptance, written notice to Seller if any item cannot be obtained, in which case this Offer shall be null and void.286
MAP OF THE PROPERTY:This Offer is contingent upon (Buyer obtaining) (Seller providing) STRIKE ONE (“Seller287
providing” if neither is stricken) a Map of the Property dated subsequent to the date of acceptance of this Offer prepared by288
289 STRIKE ONEa registered land surveyor, within days (“30” if left blank) after acceptance, at (Buyer's) (Seller's)
290 (“Seller’s” if neither is stricken) expense. The map shall show minimum of acres, maximum of
291 acres, the legal description of the Property, the Property's boundaries and dimensions, visible encroachments upon the
Property, the location of improvements, if any, and:292
293
STRIKE AND COMPLETE AS APPLICABLE Additional map features that may294
295 be added include but are not limited to: staking of all corners of the Property; identifying dedicated and apparent streets; lot
296 dimensions; total acreage or square footage; easements or rights-of-way.
297 CAUTION: Consider the cost and the need for map features before selecting them. Also consider the time required
298 to obtain the map when setting the deadline.
This contingency shall be deemed satisfied unless Buyer, within 5 days after the deadline for delivery of said map, delivers299
to Seller a copy of the map and a written notice which identifies: (1) the significant encroachment; (2) information materially300
inconsistent with prior representations; or (3) failure to meet requirements stated within this contingency. Upon delivery of301
302 Buyer’s notice, this Offer shall be null and void. Once the deadline for delivery has passed, if Seller was responsible to
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303 provide the map and failed to timely deliver the map to Buyer, Buyer may terminate this Offer if Buyer delivers a written
304 notice of termination to Seller prior to Buyer’s Actual Receipt of said map from Seller.
INSPECTIONS AND TESTING Buyer may only conduct inspections or tests if specific contingencies are included as a305
306 part of this Offer. An “inspection” is defined as an observation of the Property, which does not include an appraisal or testing
307 of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural gas used as a fuel
308 source, which are hereby authorized. A “test” is defined as the taking of samples of materials such as soils, water, air or
309 building materials from the Property for laboratory or other analysis of these materials. Seller agrees to allow Buyer’s
310 inspectors, testers and appraisers reasonable access to the Property upon advance notice, if necessary, to satisfy the
311 contingencies in this Offer. Buyer or licensees or both may be present at all inspections and testing. Except as otherwise
312 provided, Seller’s authorization for inspections does not authorize Buyer to conduct testing of the Property.
313 NOTE: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose of
314 the test (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any
315 other material terms of the contingency.
316 Buyer agrees to promptly restore the Property to its original condition after Buyer’s inspections and testing are completed
317 unless otherwise agreed to with Seller. Buyer agrees to promptly provide copies of all inspection and testing reports to
318 Seller. Seller acknowledges that certain inspections or tests may detect environmental pollution that may be required to be
319 reported to the Wisconsin Department of Natural Resources.
320 INSPECTION CONTINGENCY:This contingency only authorizes inspections, not testing (see lines 305-319).
321 (1) This Offer is contingent upon a qualified independent inspector conducting an inspection of the Property after the date
322 on line 1 of this Offer that discloses no Defects.
323 (2) This Offer is further contingent upon a qualified independent inspector or independent qualified third party performing an
324 inspection of
325 (list any Property component(s)
326 to be separately inspected, e.g., dumpsite, timber quality, invasive species, etc.) that discloses no Defects.
327 (3) Buyer may have follow-up inspections recommended in a written report resulting from an authorized inspection, provided
328 they occur prior to the Deadline specified at line 333. Inspection(s) shall be performed by a qualified independent
329 inspector or independent qualified third party.
330 Buyer shall order the inspection(s) and be responsible for all costs of inspection(s).
331 CAUTION: Buyer should provide sufficient time for the Property inspection and/or any specialized inspection(s),
332 as well as any follow-up inspection(s).
333 This contingency shall be deemed satisfied unless Buyer, within days (“15” if left blank) after acceptance, delivers
334 to Seller a copy of the written inspection report(s) dated after the date on line 1 of this Offer and a written notice listing the
335 Defect(s) identified in those report(s) to which Buyer objects (Notice of Defects).
336 CAUTION: A proposed amendment is not a Notice of Defects and will not satisfy this notice requirement.
337 For the purposes of this contingency, Defects do not include structural, mechanical or other conditions the nature and extent
338 of which Buyer had actual knowledge or written notice before signing this Offer.
339 NOTE: “Defect” as defined on lines 553-555 means a condition that would have a significant adverse effect on the
340 value of the Property; that would significantly impair the health or safety of future occupants of the Property; or
341 that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life
342 of the premises.
343 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure the Defects.
344 If Seller has the right to cure, Seller may satisfy this contingency by:
345 (“10” if left blank) days after Buyer's delivery of the Notice of Defects(1) delivering written notice to Buyer within
346 stating Seller’s election to cure Defects;
347 (2) curing the Defects in a good and workmanlike manner; and
348 (3) delivering to Buyer a written report detailing the work done no later than three days prior to closing.
349 This Offer shall be null and void if Buyer makes timely delivery of the Notice of Defects and written inspection report(s) and:
350 (1) Seller does not have the right to cure; or
351 (2) Seller has the right to cure but:
352 (a) Seller delivers written notice that Seller will not cure; or
353 (b) Seller does not timely deliver the written notice of election to cure.
354 IF LINE 355 IS NOT MARKED OR IS MARKED N/A LINES 403-414 APPLY.
355 FINANCING COMMITMENT CONTINGENCY:This Offer is contingent upon Buyer being able to obtain a written
356 [loan type or specific lender, if any] first mortgage loan commitment as described
357 below, within days after acceptance of this Offer. The financing selected shall be in an amount of not less than $
358 for a term of not less than years, amortized over not less than years. Initial
monthly payments of principal and interest shall not exceed $ . Buyer acknowledges that lender’s359
required monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance360
premiums, and private mortgage insurance premiums. The mortgage shall not include a prepayment premium. Buyer agrees361
to pay discount points in an amount not to exceed % (“0” if left blank) of the loan. If Buyer is using multiple loan362
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sources or obtaining a construction loan or land contract financing, describe at lines 650-664 or in an addendum attached363
364 per line 686. Buyer agrees to pay all customary loan and closing costs, wire fees, and loan origination fees, to promptly
apply for a mortgage loan, and to provide evidence of application promptly upon request of Seller. Seller agrees to allow365
lender’s appraiser access to the Property.366
367 LOAN AMOUNT ADJUSTMENT: If the purchase price under this Offer is modified, any financed amount, unless otherwise
provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments368
shall be adjusted as necessary to maintain the term and amortization stated above.369
CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 371 or 372.370
371 %.FIXED RATE FINANCING:The annual rate of interest shall not exceed
372 ADJUSTABLE RATE FINANCING:The initial interest rate shall not exceed %. The initial interest rate
373 shall be fixed for months, at which time the interest rate may be increased not more than % (“2” if
374 left blank) at the first adjustment and by not more than % (“1” if left blank) at each subsequent adjustment.
375 The maximum interest rate during the mortgage term shall not exceed the initial interest rate plus % (“6” if
left blank). Monthly payments of principal and interest may be adjusted to reflect interest changes.376
377 SATISFACTION OF FINANCING COMMITMENT CONTINGENCY: If Buyer qualifies for the loan described in this Offer
378 or another loan acceptable to Buyer, Buyer agrees to deliver to Seller a copy of a written loan commitment.
379 This contingency shall be satisfied if, after Buyer’s review, Buyer delivers to Seller a copy of a written loan commitment
380 (even if subject to conditions) that is:
(1) signed by Buyer; or381
(2) accompanied by Buyer’s written direction for delivery.382
383 Delivery of a loan commitment by Buyer’s lender or delivery accompanied by a notice of unacceptability shall not satisfy
384 this contingency.
385 CAUTION: The delivered loan commitment may contain conditions Buyer must yet satisfy to obligate the lender to
386 provide the loan. Buyer understands delivery of a loan commitment removes the Financing Commitment
Contingency from the Offer and shifts the risk to Buyer if the loan is not funded.387
SELLER TERMINATION RIGHTS: If Buyer does not deliver a loan commitment on or before the Deadline on line 357.388
389 Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller’s Actual Receipt of
390 written loan commitment from Buyer.
391 FINANCING COMMITMENT UNAVAILABILITY: If a financing commitment is not available on the terms stated in this
Offer (and Buyer has not already delivered an acceptable loan commitment for other financing to Seller), Buyer shall392
promptly deliver written notice to Seller of same including copies of lender(s)' rejection letter(s) or other evidence of393
394 unavailability.
395 SELLER FINANCING:Seller shall have 10 days after the earlier of:
(1) Buyer delivery of written notice of evidence of unavailability as noted in lines 391-394: or396
(2) the Deadline for delivery of the loan commitment on line 357,397
to deliver to Buyer written notice of Seller's decision to (finance this transaction with a note and mortgage under the same398
399 terms set forth in this Offer, and this Offer shall remain in full force and effect, with the time for closing extended accordingly.
If Seller's notice is not timely given, the option for Seller to provide financing shall be considered waived. Buyer agrees to400
401 cooperate with and authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit
worthiness for Seller financing.402
IF THIS OFFER IS NOT CONTINGENT ON FINANCING COMMITMENT Within days (“7” if left blank) after403
acceptance, Buyer shall deliver to Seller either:404
(1) reasonable written verification from a financial institution or third party in control of Buyer’s funds that Buyer has, at405
406 the time of verification, sufficient funds to close; or
407 (2)
408 [Specify documentation Buyer agrees to deliver to Seller].
409 If such written verification or documentation is not delivered, Seller has the right to terminate this Offer by delivering written
notice to Buyer prior to Seller’s Actual Receipt of a copy of Buyer’s written verification. Buyer may or may not obtain410
mortgage financing but does not need the protection of a financing commitment contingency. Seller agrees to allow Buyer’s411
appraiser access to the Property for purposes of an appraisal. Buyer understands and agrees that this Offer is not subject412
to the appraisal meeting any particular value, unless this Offer is subject to an appraisal contingency, nor does the right of413
access for an appraisal constitute a financing commitment contingency.414
APPRAISAL CONTINGENCY:This Offer is contingent upon Buyer or Buyer’s lender having the Property appraised415
at Buyer’s expense by a Wisconsin licensed or certified independent appraiser who issues an appraisal report dated416
subsequent to the date stated on line 1 of this Offer, indicating an appraised value for the Property equal to or greater than417
the agreed upon purchase price.418
This contingency shall be deemed satisfied unless Buyer, within days after acceptance, delivers to Seller a copy419
of the appraisal report indicating an appraised value less than the agreed upon purchase price, and a written notice objecting420
to the appraised value.421
422 RIGHT TO CURE:Seller (shall)(shall not) STRIKE ONE (“shall” if neither is stricken) have the right to cure.
423 If Seller has the right to cure, Seller may satisfy this contingency by delivering written notice to Buyer adjusting the purchase
price to the value shown on the appraisal report within days (“5” if left blank) after Buyer’s delivery of the appraisal424
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report and the notice objecting to the appraised value. Seller and Buyer agree to promptly execute an amendment initiated425
426 by either party after delivery of Seller’s notice, solely to reflect the adjusted purchase price.
427 This Offer shall be null and void if Buyer makes timely delivery of the notice objecting to appraised value and the written
428 appraisal report and:
429 (1) Seller does not have the right to cure; or
430 (2) Seller has the right to cure but:
431 (a) Seller delivers written notice that Seller will not adjust the purchase price; or
432 (b) Seller does not timely deliver the written notice adjusting the purchase price to the value shown on the appraisal
433 report.
434 NOTE: An executed FHA, VA or USDA Amendatory clause may supersede this contingency.
435 CLOSING OF BUYER'S PROPERTY CONTINGENCY:This Offer is contingent upon the closing of the sale of
Buyer’s property located at436
437 no later than (the Deadline). If closing does not occur by the Deadline, this Offer shall
438 become null and void unless Buyer delivers to Seller, on or before the Deadline, reasonable written verification from a
439 financial institution or third party in control of Buyer's funds that Buyer has, at the time of verification, sufficient funds to close
440 or proof of bridge loan financing, along with a written notice waiving this contingency. Delivery of verification or proof of
441 bridge loan shall not extend the closing date for this Offer.
BUMP CLAUSE:If Seller accepts a bona fide secondary offer, Seller may give written notice to Buyer that another442
offer has been accepted. If Buyer does not deliver to Seller the documentation listed below within443 hours (“72” if
444 left blank) after Buyer's Actual Receipt of said notice, this Offer shall be null and void. Buyer must deliver the following:
445 (1) Written waiver of the Closing of Buyer's Property Contingency if line 435 is marked;
446 (2) Written waiver of
447 (name other contingencies, if any); and
448 (3) Any of the following checked below:
449 Proof of bridge loan financing.
450 Proof of ability to close from a financial institution or third party in control of Buyer’s funds which shall provide
451 Seller with reasonable written verification that Buyer has, at the time of verification, sufficient funds to close.
452 Other:
453
454 [insert other requirements, if any (e.g., payment of additional earnest money, etc.)]
455 SECONDARY OFFER:This Offer is secondary to a prior accepted offer. This Offer shall become primary upon
456 delivery of written notice to Buyer that this Offer is primary. Unless otherwise provided, Seller is not obligated to give Buyer
457 notice prior to any Deadline, nor is any particular secondary buyer given the right to be made primary ahead of other
458 secondary buyers. Buyer may declare this Offer null and void by delivering written notice of withdrawal to Seller prior to
459 delivery of Seller's notice that this Offer is primary. Buyer may not deliver notice of withdrawal earlier than days (“7”
460 if left blank) after acceptance of this Offer. All other Offer Deadlines that run from acceptance shall run from the time this
461 Offer becomes primary.
462 HOMEOWNERS ASSOCIATION If this Property is subject to a homeowners association, Buyer is aware the Property may
463 be subject to periodic association fees after closing and one-time fees resulting from transfer of the Property. Any one-time
464 fees resulting from transfer of the Property shall be paid at closing by (Seller) (Buyer) STRIKE ONE (“Buyer” if neither is
465 stricken).
466 CLOSING PRORATIONS The following items, if applicable, shall be prorated at closing, based upon date of closing values:
467 real estate taxes, rents, prepaid insurance (if assumed), private and municipal charges, property owners or homeowners
468 association assessments, fuel and .
469 CAUTION: Provide basis for utility charges, fuel or other prorations if date of closing value will not be used.
Any income, taxes or expenses shall accrue to Seller, and be prorated at closing, through the day prior to closing.470
Real estate taxes shall be prorated at closing based on CHECK BOX FOR APPLICABLE PRORATION FORMULA :471
472 The net general real estate taxes for the preceding year, or the current year if available (Net general real estate
473 taxes are defined as general property taxes after state tax credits and lottery credits are deducted.) NOTE: THIS CHOICE
474 APPLIES IF NO BOX IS CHECKED.
475 Current assessment times current mill rate (current means as of the date of closing).
476 Sale price, multiplied by the municipality area-wide percent of fair market value used by the assessor in the prior
year, or current year if known, multiplied by current mill rate (current means as of the date of closing).477
.478
CAUTION: Buyer is informed that the actual real estate taxes for the year of closing and subsequent years may be479
substantially different than the amount used for proration especially in transactions involving new construction,480
extensive rehabilitation, remodeling or area-wide re-assessment. Buyer is encouraged to contact the local481
assessor regarding possible tax changes.482
Buyer and Seller agree to re-prorate the real estate taxes, through the day prior to closing based upon the taxes on483
the actual tax bill for the year of closing, with Buyer and Seller each owing his or her pro-rata share. Buyer shall, within 5484
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485 days of receipt, forward a copy of the bill to the forwarding address Seller agrees to provide at closing. The Parties shall
486 re-prorate within 30 days of Buyer’s receipt of the actual tax bill. Buyer and Seller agree this is a post-closing obligation
and is the responsibility of the Parties to complete, not the responsibility of the real estate Firms in this transaction.487
488 TITLE EVIDENCE
489 CONVEYANCE OF TITLE:Upon payment of the purchase price, Seller shall convey the Property by warranty deed
(trustee’s deed if Seller is a trust, personal representative’s deed if Seller is an estate or other conveyance as490
491 provided herein), free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements
492 entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use
493 restrictions and covenants, present uses of the Property in violation of the foregoing disclosed in Seller’s Vacant Land
494 Disclosure Report and in this Offer, general taxes levied in the year of closing and
495
(insert other allowable exceptions from title, if496
497 any) that constitutes merchantable title for purposes of this transaction. Seller, at Seller’s cost, shall complete and execute
498 the documents necessary to record the conveyance and pay the Wisconsin Real Estate Transfer Fee.
WARNING: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements499
500 may prohibit certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates
501 making improvements to Property or a use other than the current use.
502 TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of
503 the purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. Seller shall
pay all costs of providing title evidence to Buyer. Buyer shall pay the costs of providing the title evidence required by Buyer’s504
505 lender and recording the deed or other conveyance.
506 GAP ENDORSEMENT: Seller shall provide a “gap” endorsement or equivalent gap coverage at (Seller’s)(Buyer’s)
507 STRIKE ONE (“Seller’s” if neither stricken) cost to provide coverage for any liens or encumbrances first filed or recorded
508 after the commitment date of the title insurance commitment and before the deed is recorded, subject to the title insurance
509 policy conditions, exclusions and exceptions, provided the title company will issue the coverage. If a gap endorsement or
510 equivalent gap coverage is not available, Buyer may give written notice that title is not acceptable for closing (see lines 516-
511 523).
512 DELIVERY OF MERCHANTABLE TITLE: The required title insurance commitment shall be delivered to Buyer's attorney
513 or Buyer not more than days after acceptance (“15” if left blank), showing title to the Property as of a date no more
514 than 15 days before delivery of such title evidence to be merchantable per lines 489-498, subject only to liens which will be
515 paid out of the proceeds of closing and standard title insurance requirements and exceptions, as appropriate.
516 TITLE NOT ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of
517 days (“15” if left blank) after delivery of the title commitment to Buyer or Buyer’s attorney. Inobjections to title within
518 such event, Seller shall have days (“15” if left blank) from Buyer’s delivery of the notice stating title objections, to
519 deliver notice to Buyer stating Seller’s election to remove the objections by the time set for closing. If Seller is unable to
520 remove said objections, Buyer shall have five days from receipt of notice thereof, to deliver written notice waiving the
521 objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, Buyer shall deliver
522 written notice of termination and this Offer shall be null and void. Providing title evidence acceptable for closing does not
523 extinguish Seller’s obligations to give merchantable title to Buyer.
524 SPECIAL ASSESSMENTS/OTHER EXPENSES: Special assessments, if any, levied or for work actually commenced
525 prior to the date stated on line 1 of this Offer shall be paid by Seller no later than closing. All other special assessments
526 shall be paid by Buyer. “Levied” means the local municipal governing body has adopted and published a final resolution
527 describing the planned improvements and the assessment of benefits.
528 CAUTION: Consider a special agreement if area assessments, property owners association assessments, special
529 charges for current services under Wis. Stat. § 66.0627 or other expenses are contemplated. “Other expenses” are
530 one-time charges or ongoing use fees for public improvements (other than those resulting in special assessments)
531 relating to curb, gutter, street, sidewalk, municipal water, sanitary and storm water and storm sewer (including all
532 sewer mains and hook-up/connection and interceptor charges), parks, street lighting and street trees, and impact
533 fees for other public facilities, as defined in Wis. Stat. § 66.0617(1)(f).
LEASED PROPERTY534 If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights
535 under said lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the
536 (written) (oral) STRIKE ONE lease(s), if any, are
537
538 . Insert additional terms, if any, at lines 650-664 or attach as an addendum per line 686.
539 DEFINITIONS
540 ACTUAL RECEIPT: “Actual Receipt” means that a Party, not the Party’s recipient for delivery, if any, has the document
541 or written notice physically in the Party’s possession, regardless of the method of delivery. If the document or written notice
542 is electronically delivered, Actual Receipt shall occur when the Party opens the electronic transmission.
543 BUSINESS DAY: “Business Day” means a calendar day other than Saturday, Sunday, any legal public holiday under
544 Wisconsin or Federal law, and any other day designated by the President such that the postal service does not receive
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545 registered mail or make regular deliveries on that day.
546 DEADLINES: “Deadlines” expressed as a number of “days” from an event, such as acceptance, are calculated by
excluding the day the event occurred and by counting subsequent calendar days. The Deadline expires at Midnight on the547
548 last day. Additionally, Deadlines expressed as a specific number of Business Days are calculated in the same manner
except that only Business Days are counted while other days are excluded. Deadlines expressed as a specific number of549
550 “hours” from the occurrence of an event, such as receipt of a notice, are calculated from the exact time of the event, and by
551 counting 24 hours per calendar day. Deadlines expressed as a specific day of the calendar year or as the day of a specific
552 event, such as closing, expire at Midnight of that day. “Midnight” is defined as 11:59 p.m. Central Time.
553 DEFECT: “Defect” means a condition that would have a significant adverse effect on the value of the Property; that would
554 significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed or replaced would
significantly shorten or adversely affect the expected normal life of the premises.555
FIRM: “Firm” means a licensed sole proprietor broker or a licensed broker business entity.556
557 PARTY: “Party” means the Buyer or the Seller; “Parties” refers to both the buyer and the Seller.
558 PROPERTY: Unless otherwise stated, “Property” means the real estate described at lines 4-8.
559 INCLUSION OF OPTIONAL PROVISIONS Terms of this Offer that are preceded by an OPEN BOX ( ) are part of
560 this offer ONLY if the box is marked such as with an “X”. They are not part of this offer if marked “N/A” or are left blank.
PROPERTY DIMENSIONS AND SURVEYS Buyer acknowledges that any land dimensions, or total acreage or square561
562 footage figures, provided to Buyer by Seller or by a Firm or its agents, may be approximate because of rounding, formulas
563 used or other reasons, unless verified by survey or other means.
564 CAUTION: Buyer should verify total square footage formula, total square footage/acreage figures, and land
565 dimensions, if material.
566 DISTRIBUTION OF INFORMATION Buyer and Seller authorize the agents of Buyer and Seller to: (i) distribute copies of
the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement service providers for the567
568 transaction as defined by the Real Estate Settlement Procedures Act (RESPA); (ii) report sales and financing concession
569 data to multiple listing service sold databases; (iii) provide active listing, pending sale, closed sale and financing concession
570 information and data, and related information regarding seller contributions, incentives or assistance, and third party gifts,
571 to appraisers researching comparable sales, market conditions and listings, upon inquiry; and (iv) distribute copies of this
572 Offer to the seller or seller’s agent of another property that Seller intends on purchasing.
573 MAINTENANCE Seller shall maintain the Property and all personal property included in the purchase price until the earlier
574 of closing or Buyer’s occupancy, in materially the same condition it was in as of the date on line 1 of this Offer, except for
ordinary wear and tear.575
PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING If, prior to closing, the Property is damaged in an576
577 amount not more than five percent of the purchase price, other than normal wear and tear, Seller shall promptly notify Buyer
578 in writing, and will be obligated to restore the Property to materially the same condition it was in as of the date on line 1 of
579 this Offer. Seller shall provide Buyer with copies of all required permits and lien waivers for the lienable repairs no later than
580 closing. If the amount of damage exceeds five percent of the purchase price, Seller shall promptly notify Buyer in writing of
581 the damage and this Offer may be terminated at option of Buyer. Should Buyer elect to carry out this Offer despite such
582 damage, Buyer shall be entitled to the insurance proceeds, if any, relating to the damage to the Property, plus a credit
583 towards the purchase price equal to the amount of Seller's deductible on such policy, if any. However, if this sale is financed
584 by a land contract or a mortgage to Seller, any insurance proceeds shall be held in trust for the sole purpose of restoring
the Property.585
BUYER’S PRE-CLOSING WALK-THROUGH Within three days prior to closing, at a reasonable time pre-approved by586
587 Seller or Seller's agent, Buyer shall have the right to walk through the Property to determine that there has been no
significant change in the condition of the Property, except for ordinary wear and tear and changes approved by Buyer, and588
that any Defects Seller has agreed to cure have been repaired in the manner agreed to by the Parties.589
OCCUPANCY Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in590
this Offer at lines 534-538 or in an addendum attached per line 686, or lines 650-664 if the Property is leased. At time of591
592 Buyer's occupancy, Property shall be free of all debris, refuse, and personal property except for personal property belonging
to current tenants, or sold to Buyer or left with Buyer's consent. Occupancy shall be given subject to tenant's rights, if any.593
594 DEFAULT Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and
conditions of this Offer. A material failure to perform any obligation under this Offer is a default that may subject the defaulting595
party to liability for damages or other legal remedies.596
If Buyer defaults, Seller may:597
(1) sue for specific performance and request the earnest money as partial payment of the purchase price; or598
(2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) sue for actual599
damages.600
If Seller defaults, Buyer may:601
(1) sue for specific performance; or602
(2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.603
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Woods Rd city lot, .6726 acres , ,
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604 In addition, the Parties may seek any other remedies available in law or equity. The Parties understand that the availability
of any judicial remedy will depend upon the circumstances of the situation and the discretion of the courts. If either Party605
defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies outlined above.606
By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes covered by the607
608 arbitration agreement.
609 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
SHOULD READ THIS DOCUMENT CAREFULLY. THE FIRM AND ITS AGENTS MAY PROVIDE A GENERAL610
EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR611
OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT612
613 CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
614 ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller
615 regarding the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds
and inures to the benefit of the Parties to this Offer and their successors in interest.616
NOTICE ABOUT SEX OFFENDER REGISTRY You may obtain information about the sex offender registry and persons617
http://www.doc.wi.govregistered with the registry by contacting the Wisconsin Department of Corrections on the Internet at618
619 or by telephone at (608) 240-5830.
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA)Section 1445 of the Internal Revenue Code (IRC)620
provides that a transferee (Buyer) of a United States real property interest must pay or withhold as a tax up to 15% of the621
622 total “Amount Realized” in the sale if the transferor (Seller) is a “Foreign Person” and no exception from FIRPTA withholding
623 applies. A “Foreign Person” is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign
624 estate. The “Amount Realized” is the sum of the cash paid, the fair market value of other property transferred, and the
625 amount of any liability assumed by Buyer.
CAUTION: Under this law if Seller is a Foreign Person, and Buyer does not pay or withhold the tax amount, Buyer626
may be held directly liable by the U.S. Internal Revenue Service for the unpaid tax and a tax lien may be placed627
628 upon the Property.
629 Seller hereby represents that Seller is a non-Foreign Person, unless (1) Seller represents Seller is a Foreign Person in a
630 condition report incorporated in this Offer per lines 94-97, or (2) no later than 10 days after acceptance, Seller delivers
631 notice to Buyer that Seller is a Foreign Person, in which cases the provisions on lines 637-639 apply.
IF SELLER IS A NON-FOREIGN PERSON.Seller shall, no later than closing, execute and deliver to Buyer, or a qualified632
substitute (attorney or title company as stated in IRC § 1445), a sworn certification under penalties of perjury of Seller’s633
634 non-foreign status in accordance with IRC § 1445. If Seller fails to timely deliver certification of Seller’s non-foreign status,
635 Buyer shall: (1) withhold the amount required to be withheld pursuant to IRC § 1445; or, (2) declare Seller in default of this
636 Offer and proceed under lines 601-608.
637 IF SELLER IS A FOREIGN PERSON.If Seller has represented that Seller is a Foreign Person, Buyer shall withhold the
amount required to be withheld pursuant to IRC § 1445 at closing unless the Parties have amended this Offer regarding638
639 amounts to be withheld, any withholding exemption to be applied, or other resolution of this provision.
640 COMPLIANCE WITH FIRPTA.Buyer and Seller shall complete, execute, and deliver, on or before closing, any instrument,
641 affidavit, or statement needed to comply with FIRPTA, including withholding forms. If withholding is required under IRC
642 §1445, and the net proceeds due Seller are not sufficient to satisfy the withholding required in this transaction, Seller shall
643 deliver to Buyer, at closing, the additional funds necessary to satisfy the applicable withholding requirement. Seller also
shall pay to Buyer an amount not to exceed $1,000 for actual costs associated with the filing and administration of forms,644
645 affidavits, and certificates necessary for FIRPTA withholding and any withholding agent fees.
646 Any representations made by Seller with respect to FIRPTA shall survive the closing and delivery of the deed.
647 Firms, Agents, and Title Companies are not responsible for determining FIRPTA status or whether any FIRPTA exemption
648 applies. The Parties are advised to consult with their respective independent legal counsel and tax advisors regarding
FIRPTA.649
ADDITIONAL PROVISIONS/CONTINGENCIES650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
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Line 37 to read: no later than June 25, 2021.
Buyer may not sell this land in the future unless attached to current property.
Woods Rd
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DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and665
written notices to a Party shall be effective only when accomplished by one of the authorized methods specified at lines666
688-683.667
(1)Personal: giving the document or written notice personally to the Party, or the Party's recipient for delivery if named at668
line 670 or 671.669
Name of Seller's recipient for delivery, if any:670
Name of Buyer's recipient for delivery, if any:671
(2)Fax: fax transmission of the document or written notice to the following number:672
Seller: ( ) Buyer: ( )673
(3)Commercial: depositing the document or written notice, fees prepaid or charged to an account, with a commercial674
delivery service, addressed either to the Party, or to the Party's recipient for delivery, for delivery to the Party's address at675
line 679 or 680.676
(4)U.S.Mail: depositing the document or written notice, postage prepaid, in the U.S. Mail, addressed either to the677
Party, or to the Party's recipient for delivery, for delivery to the Party's address.678
Address for Seller:679
Address for Buyer:680
(5)Email: electronically transmitting the document or written notice to the email address.681
Email Address for Seller:682
Email Address for Buyer:683
PERSONAL DELIVERY/ACTUAL RECEIPT Personal delivery to, or Actual Receipt by, any named Buyer or Seller684
constitutes personal delivery to, or Actual Receipt by, all Buyers or Sellers.685
ADDENDA:The attached is/are made part of this Offer.686
This Offer was drafted by [Licensee and Firm]687
688
(x)689
Buyer’s Signature Print Name Here Date690
(x)691
Buyer’s Signature Print Name Here Date692
SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS693
OFFER SURVIVE CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE694
PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A695
696 COPY OF THIS OFFER.
697 (x)
Seller’s Signature Print Name Here Date698
699 (x)
Seller’s Signature Print Name Here Date700
701 This Offer was presented to Seller by [Licensee and Firm]
on at a.m./p.m.702
703 This Offer is countered [See attached counter]This Offer is rejected704 Seller Initials Date Seller Initials Date
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Woods Rd city lot, .6726 acres , ,
n/a
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X
monicaduerwachter@gmail.com
Monica Duerwachter, Realty Executives Integrity
Woods Rd
Sylwia G Enerson
April 2, 2021
Authentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2FAuthentisign ID: 54D68F73-54B6-44D3-AEEA-183447770A2F
2392