CCR1987100COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION //loo-87
ACCEPTANCE OF OFFER TO PURCHASE TESS CORNERS
(As Amended)
CITY OWNED LOT (Kastello)
WHEREAS, an Offer to Purchase in the amount of $12,500 has been
submitted by Roger Kastello for city-owned Lot 111, CSM 4610, on
Woodland Place adjacent to the Tess Corners Detention Pond,
which lot was authorized for sale in Resolution 1/51-84, and
WHEREAS, a previously accepted Offer from Geraldine and Ronald
Runge has been withdrawn by the Runge's, and
WHEREAS, the Finance Committee has not recommended acceptance
of the offer from Roger Kastello.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Roger Kastello for Lot 1 on Woodland Place adjacent to the Tess
Committee, does hereby deny the Offer to Purchase submitted by
funds to be credited to TID #2 after deduction of the 10%
Corners Detention Pond in the amount of $12,500.00, with the
broker's fees and any other costs associated with the sale of
the property.
RE IT FURTHER RESOLVED that the City shall submit a counter
offer for $14,500.00, and the City authorizes the City's broker
offer upon acceptance of the $14,500.00 counter offer.
to return the $500 earnest money submitted with the Runge's
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City.
BE IT FURTHER RESOLVED that the City wishes to make the buyer
aware that there is a $500 initial construction fee (sewer
connection) in addition to the Reserve Capacity Assessment
which is also his responsibility.
DATED THIS 12th DAY OF May , 1987.
I'
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #loo-87
ACCEPTANCE OF OFFER TO PURCHASE TESS CORNE
CITY OWNED LOT (Kastello)
WHEREAS, an Offer to Purchase in the amount of
Woodland Place adjace
Submitted by Roger Kas
which lot was authorized for sale in Resolut
WHEREAS, a previously
Runge has been withdra
WHEREAS, the Finance Committee recommended
acceptance of the offer from R
NOW, THEREFORE, RE IT e Common Council of the
City of Muskego, upon on of the Finance
Committee, does hereby the Offer to Purchase
submitted by Roger Kast on Woodland Place
adjacent to the Tess Co
$12,500.00, with the
deduction of the 10%
associated with the sale e property.
BE IT FURTHER RESOLVED acceptance of this Offer is
subject to receipt of a release from the Runge's and
authorizes the City's return the $500.00 earnest
money submitted with
BE IT FURTHER Mayor and Clerk are authorized
to sign the in the name of the City.
BE IT City wishes to make the buyer
construction fee (sewer
which is also hi& responsibility.
connection) in adhition to the Reserve Capacity Assessment
/
DATED THIS / DAY OF , 1987.
/ 1 FINANCE COMMITTEE
/ ATTEST: i
City Clerk
3 /'S 7
Jm
VACANT LANV OFFER TO PURCllASE
I . Wisconsin. . 19 .R?
Wisconsin,
1 14 . a~l th? balance in cash at closingor as hcreafler set forth.
i, I5 i IF lhisofler is Ihe rcsull ora co-brokerage, lllcn al! mowy paid hercwith shall he Iicld in llle wlling blaker's trus; dccount until Ilrr acrrptmtrcnf
16 lhis olTer and shall be Iransmilted lo he listing broker upon such acceptance.
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lfthisolIerisaccepte~,itrh;lll:~otbe~~~ne~indin~u,~.~~~U~~~eru~~til~cop~olacceptcdo~erisdcposit~d.~oslagcprepaid,intheUnited~tales ....
mails, adiiessed tA Buyer at .my Wty .~l7425. avmilLo.'ML. .W.ftl, .la, C1Udegsr. .Win, 5.3130. ~ ....... , or by personal delivery thereof. I
This transaction is to be closed a1 the ofice of Buyer's mongagee or at the onice of #h8. .wtY ..
... .... , on or before I
.Jw. .If- , 19 e?, , or at such other time and place as may be agreed in writing by Buyer and Seller, i
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Seller reprqsents 10 Buyer that the propeny is zoned 3t6-1. ~,sUrpntirL . .. .... ..... I
.... ..... ' - -. ......
Seller warraots and reprcscnts to Buyer that the property is not locatcd in a llood plain. as per Cay. 82. anUkSg0
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87 .. ... .....
(Caution:.Reier to wetlands regulations.)
Seller warrants and reprcsents LO Buyer that Seller has no notice or knowledge of any:
(a)planned or commenced public improvement which may result in special assessments or otherwise materially affect the propeny.
(b)gbvemment agency or coun order requiring repair. alteration or correction of any existing condition.
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92 EXCEPTIONS TO WARRANTIES AND REPKESENT.4TIONS STATED IN LINES 86TO gI:.ILollb 93 ....... . ,. . .,,,
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98 99 100 'm 1%
103 104
105 106
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109 110
111 112
1U I I4
115 116
117 I18
I19
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123 124
125 126
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Inteiest, rents, watcr and sewer use c'h;tlgcs and homeowne;s association assessments shall be prorated as of the date of closing.'Accrued
General taxes shall be prorated at the lime of closing based on the IIC~ general tdxes for the current year, if known, otherwise on the net general
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income and expenses, including taxes for he day of closing, shall accrue to Seller.
(sxes lor the receding year.
CAUTION: P fpropeny has not been fully asscsred ior tax purposes, or reassessment is completed or pending, lax proration shall be on the basis of
association has assessed or may assess.
Special assessments, if any, fkr work 011 sitc actually ccmmenced or levied prior to date ofthis olfer shall be paid by Seller. All other special
assessments, including any contcmplated special assessments, shall be paid by Buyer.
Seller shall furnish alad dcllver to Uuycr for examination at leas1 I5 days pripr to the date set for cl
1. A omplete abslracl of title made by an abstiad company, extended p withi? ~0 days ofthe closing, s
ma&!able and in the. o ilion called for bg'ahipgreement, except forgwtlgages, jud WS or other
proc;cvthe sal".% notify SeIb-iny of any valid objechqto the.titllyin IO day
Seller sha i then have a re nable time but not e eeding 60 days, within whichio rectl *he tllle (
provided) and.iltsueh case9 iime.01 olosing sh ~k-accodiRgly-ureoddm
written b: a responsible title insurancecompany licensed by the Stateof Wisconsin. which policy shall guarantee Seller's title to be in confion
commitment by such a title company. agreeing to lsxe such a title policy upon the recordingofthe proper documents asagreed herein, shall be
called for by this agreement, except for mongages, judgments, or other liens which will be satisfied out of the Jroceeds of the sale. A
deemed sunicient performance.
furnish written proof, at or before closing. that the total underlying indebtedness, if any. is not in excess of the proposed balance ofthe land contract.
If this olTer provides for a land contract. the same evidence oftitle shall be,furnirhed prior to the execution ofthe land contract. and Seller shall
and that the payments on this land contract are suficient to meet all of the obligations of Seller on the underlying indebtedness.
Should Buyer fail to carry out this agreement. all money paid hereunder, including any additional earnest money, shall, at the option of Seller,
be paid IO or retained by Seller as liquidated damages. If such money is held by Brok:r. Broker shall disburse such money as follows:
I. lo Buyer. if Seller has not cotiricd Buyer and Broker in writing of Seller's election to consider all money paid hereunder asliquidateddamages
2. ToSellerasliquidateddamages,subjecttodeductionsofBroker'scommissionanddisburrunenls,ifany,ifneitherpanyhascomn~encedalaw
or pan payment hr specilic performance within 60 days of closing date set forth in this agreement. or;
suit on this matter within 120 days of the closing date set fonh in this agreement..
Should Seller be unable to carry out this agrezment by reasonofa valid legaldefect in title which Buyer is unwillingto waive, all money
$ estimated anaual tax. Make special agreement if area assessmenl(s) islare contemplated and/or homeowners
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2. An owner's policy of title insurance in the amount oi the full purchase price naming Buyer as the insured, as Buyer's interest may ap ar. ,
paid hereunder shall be returned'm Buyer forihwith. and this contract shall be void. I
128 SPECIAL PRQVISiONS: :. . ._ ... ...... ....
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130
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I. ., 'C .' ...... ...... ....... . ...... .?. I..:.: .. 1' . .. . ., I .. ......... . ....... ...... .. ... ~. ,. ., ! I! ' ' .,. .... ... .... .... ....... .' 1 ..: ... I .. . ., . ......... ,. . :,. .,!<i. ;
,-, ....
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134
135 136 Buyerhas read, fully under&ds and acknowled es receipt ofa copy of &is oker to purchase; BU~ERIS'ADVISEDTHATBROKER
137 HAS AN .. AGFNCY HELAT!ONSHI~ WITH SEL~ER. .
. . 8.'. ! ... .......... ... .. ... ~ ~~~
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138 .
139
140 THIS OFFER IS HEREBY ACCEPTED. THE WARRANTIES AND REPRESENTATIONS MADE HEREM SURVIVE THE 141 CLOSING OF THIS TRANSACTION. THE UNDERSIGNED HEREBY AGREES TO SELL AND CONVEY THE ABOVE- ,
143 OF THIS AGREEMENT,
142 MENTIONED PROPERTY ON THETERMS ANDCONDITIONS AS SET FORTH AND ACKNOWLEDGES RECEIPTOF A COPY 1
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144 .. , 19 ..i ' ., ': , i .. ... ...... ....... ...............
145 ./ ,: (Seller) I
146
148 EARNEST MONEY RECEIPT 1
1. 1 ...
147
. *. . ,. ., .. .~ ..~~ (If Seller is married, spouse'fhouid sign.)
.~~ ~
(Seller) ~
I49 Earnest money in the anloLint of $ in form of
150
151
152 , xcount in Wixonsin. or Iransmit Ihu S~IIIC 111 ;Iccordance with the terms of the above olTer.
received from
The undersigned hereby agrees to hold same in an authorized real estate trust
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41 ..
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,. , , Broker .... .. ,a. ... ., . ,19.. *' 11, 67
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