CCR1983144RESOLUTION #144-83
AUTHORIZING THE PURCHASE OF PARCEL OF LAND
FOR SEWER INTERCEPTOR (Heritage Bank)
BE IT RESOLVED that the Common Council of the City
of Muskego hereby approves that the city purchase the
property as stated in the attached Offer to Purchase
for the purchase price of $1,000.00 and that the Mayor
and Clerk are authorized to sign any legal documents in
the name of the city and the city hereby waives the
contingency in said Offer to Purchase and approves of
FINANCE COMMITTEE
Ald. Mitchel Penovich
Ald. Edwin P. Dunke
CLL G\L” Ald. Charles Colburn
ATTEST:
City Clerk
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i. M?.Sk?F;?. . , Wisconsin, . , 19 .
2 The undersigned Buyer, ci.TY Pju.$KEGO ..
3 hereby oners topurchasem~~(~~w~~~.~n .e.a5.eme.n.t .in .cer.ta.l.n .p.rO.~.eF.fY . ..
4 in Ihc .City .. 01. .Mu.ske~o. .. . county of Waukesha .. , Wisconrl ..............
5 more panicularly described as: .See. a t,t?.ched. e.a.se.men.t.
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atlhcpriceof .fig.<. 7'4ee +.<.?.5? .G4;d >.4/.CK.Y. '- ........... - " P ~" ."
~amcstmoneyof~i O:.QO Dollars(%/~(?6.<.&..+ ) and on the terms and condiljons as follows:
tcndcred hcrewilh. Addilionalcarnest money of% o:.O.o. .XGWR%%?W?(.
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, and he balancc in cash at closing or as hereafter set fm
6 his oller and shall he transmincd 10 the lisung broker upon such acceptance.
lfthis offer is the result ofa co-brokerage, then all money paid herewith shall be held in lhe sellinghroker's VUSI account unul thc acceplancc
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9 TIME IS OF THE ESSENCE AS TO: ADDITIONAL EARNEST MONEY PAYMENT, LEGAL POSSESSION. OCCUPANCY, AN
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'0 DATE OF CLOSING. (Slrike thosc not applicable.)
2 FOLLOWING: I THEBUYER'SOBLlGATlONTOCONCLUDETHISTRANSACTlONISCONDlTlONEDUPONTHECONSUMMATIONOFTI1
:3 (Illhis offer is subject to financing, percolation wst. specific zoningor use, approval of recorded building and use resuictions and covenanls. or nn
'4 other contingency. it must be stated here. U none, so slaw.)
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2 Buyer agrees that unless otherwise specified, Buyer will pay all casu of securing any financing 10 the exlent permitled by law. and (0 perfom 811
:3 necessary to expedite such financing.
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4 ADDITIONAL ITEMS INCLUDED IN SALE: nme.
7 ITEMS NOT INCLUDED IN SALE: .n.one. n
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3. lines. recorded huilding and usc resvictions and covenants, general taxes levied in the year of closing and
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14 Legal possession of propcny shall be delivered 10 Buyer on dale of closing.
$5 It is underslocd he propeny is now occupied by .o.YP?.??. ..
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36 under (oral Icase) (written lease), which terms are:
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Occupancy of the 9.3 Sf."!?!'.! . shall be given lo Buyer on. .Clo.?i.".g. .
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(Caulion: Reler IO wetlands regulalions.)
Seller warranls 3nd reprerenu IO Buyer that Seller has no notice or knowledge of any: '
(a)plmncd or commenced public improvement which may resull in special assessmenls or otherwise materially alfecl the propmy
(b)governmenl agency or coun order requiring repair. alteration or correction of any existing condition.
EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES 88TO 91
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a none
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I Buyer shall furnish and deliver IO Buyer for examination at least 15 days prior lo Ihe date set for closing. S;NJtXMfbX#t4%m?iX
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i wrirtenbyaresponsibletitleinsurancecompanylicensedbyiheStaleolWisconsin,whichpolicyshallguaran~eeSeller'stitletobeincondition
I called for by this agreement. except for mongages. judgments. or other liens whxh will be satisfied out of [he proceeds of the sale. A
~' 2. An owner s pol~cy of title insurance in the amount of the full purchase price naming Buyer as Ihe insured, as Buyer's interest may appear
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commitmen1 by such a tide company, agreeing to issue such a tille policy upon the recordingoflhe proper documents as agreed herein, shallbc
deemed suflicienr performance.
furnish written proof. ar or before closing, lhat the IoLal underlying indebtedness, ifany. is not in excess ofthe proposed balance oflhe land conlract.
IfIhis olfer provides for a land conlract, the same evidence ofritle shall be furnished prior to [he execution oflhe land contracr, and Seller shall
be paid lo or retained by Seller as liquidated damages. If such money is held by Broker. Broker shall disburse such money as follows:
Should Buyer rail to carry out this agreemenr. all money paid hereunder. including any addilional earnest money, sh311, at the oplion ofSellcr.
I. To Buyer.ifSeller has no1 notified Buyer and Broker in writingoTSeller's eleclion to consider all money pald hereunder as liquidaleddamagc.
8 2. ToSellcrasliquida~eddamages,subjscr~odeductionsofBroker'scommissionanddisbursemenlr,i~any.ifneitherpanyhascommencedaIsu
or pan paymen1 for specific performance within 60 days of closing dale se! fonh in his agreement. or;
sui1 on this matter wilhin I20 days of Ihe closing dale set fonh in this agreement.
Should Scllcr be unable IO carry out this agreement by reason ora valid legal defect in lille which Buyer is unwilling to waive. all moncy
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' and that Ihe payments on this land conlract are srrllicient IO meet all of the obligations of Seller on the underlying indebtedness.
' Daid hereunder shall be returned lo Buver fomhwith. and lhis contracl shall be void.
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I' Buyer has read, iully underslands and acknowledges receipt ofa copy ofthis okr lo purchase. BUYER IS ADVISEDTHAT BROKtR HAS AN AGENCY RELATIONSHIP WITH SELLER.
CITY OF MUSKEG0
By.;. . . . . . . . . . . . . . . . , . . . . . . . . . . . WAYNE G. SALENTINE, Mayor BY: ......
(Buyer) CHARLOTTE STEWART, ''Clerk
Earnest money in the amount of S in form of
received from
The undersigned hereby agrees 10 hold same in an authorized real es131c rut
or transmil the same in accordance with the terms of the above olfer.
, BmLt
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BY ..