CCR1987107COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #107-87
REJECTION OF OFFER TO PURCHASE AND
AUTHORIZATION TO COUNTER OFFER
(D.DeAnge1i.s-Wentland City Owned Lot)
WHEREAS, a Offer to Purchase the City-owned lot on Wentland Drive
with Tax Key. No. 2180.963.001 has been submitted by David
DeAngelis and Tracy Gorsegner for $4,000.00, with the proposed
sewer assessment to be buyer's responsibility, and
WHEREAS, the Finance Committee has recommended that said offer be
rejected, and a counter-offer be made for $7,000.00.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby reject the Offer to Purchase from David
DeAngelis and Tracy Gorsegner in the amount of $4,000.00 for the
City-owned lot on Wentland Drive.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute a Counter-Offer as follows, subject to review by the City
Attorney :
1. Price to be $7,000.00
2. The date of closing shall be on or before July 15, 1987.
3. Copy of existing Certified Survey Map to be supplied to
4. Buyer is aware that roperty is being sold as is.
buyer with City to have property staked and lines 25 Sr
26 deleted.
5. Sewer Assessment of ! 5,928.05 for front footage and
lateral is the responsibility of the Buyer, and any and
all special assessments. 6. Buyer understands that it is likely that he may have to
install a culvert at an estimated cost of at least
$3,500.
Assessment of $1,635 and Initial Construction Fee of
$500.
7. Buyer to be responsible for payment of Reserve Capacity
7.5 That part of line 104 which reads as follows is deleted,
commenced or levied prior to date of this offer shall be
Special Assessments, if any, for work on site actually
5.
paid by Seller".
All other provisions of the Offer to remain the same.
I1
DATED THIS 26
OF "-- 1987-
Reso. 107-87 As Amended
Page 2
ATTEST: n
COMMON CO NCIL - CITY OF MUSKEG0
RE \ OLUTION 11107-87 \ REJECTION
AUTHORIZA TO COUNTER OFFER
(D.DeAngeli land City Owned Lot)
WHEREAS, a Offer to Purcha Wentland Drive
with Tax Key. No. 2180.963
DeAngelis and Tracy Gorseg
sewer assessment to be buy
WHEREAS, the Finance Commi
rejected, and a counter-of
NOW, THEREFORE, BE IT RES0
City of Muskego, upon the
Committee, does hereby rej
DeAngelis and Tracy Gorseg
City-owned lot on Wentland Drive.
BE IT FURTHER RESOLVED th
execute a Counter-Offer as
Attorney: 0 1. Price to be $7,000.00
2. Closing Date Change
3. Copy of existing Ce
buyer with City to
4. Buyer to be respons
Assessment of $1,63
5. All other provision
DATED THIS DAY OF \ , 1987.
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
ATTEST :
City Clerk
5/87
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.. .... ........................................ ............. .., ................... .. ........... .. ..... . ,. ............ .... ... ... ...... ..... ...........................
at the price of 6d. .. .TJ t+.$e~r;tc/ .. LX ~KX ........................................... ....
Dollars($ ,&i:e. , . . ) and on the terms and conditions as follows.
Earnesl money of$, . ,- tenderedherewith. Additionalearnestmoney of$. .A% /J ,in the fomof ~ ~ ........ CM.? LS
...~
,,
.... IO be paid wilhin .g. days of acceplance of offer or on ...
...~.. , and the balance in cash at closing or as hereafter set fo& .........
lfthis offer is the result ofacibrokerage, &en ail money paid herewith shall bo held in the selling broker's ws: account until the acceptance of this oNer and shall be transmitted to the listing broker upon such acceptance.
Additional eamekt money payments shall be made to the listing broker and held in the listing broker's trust accounl or .... ; .......
i .................................................. TIME'lS,OF'THEESSENCEASTO: GDI?lONi EAkrjEST MONEY PAYMENT. LEGAL POSSESSION,OCCUPANCY, AND
THEBUYER'SOBLlGATlON~OCONCLUDETHlSTRANSACTlON1SCONDlTlONEDUPONTHECONSUMMATIONOFTHE~ DATE OF CLOSING. (Strike those not applicable.)
(If this offer is subject to financing. percolation test, specific zoningor use. approval of recorded building and use restrictions and covenants. or any
FOLLOWING:
other contingency, it must be stated here. If none, so state.)
.x .I '
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Buyer agrees that unless otherwise specified. Buyer will pay all costs ofsecuring any financing to the extent permitted by law, and to perform all acts nccessary to expedite such financing.
ADDITIONAL ITEMS INCLUDED Ifc SALE: ,4!!?!/:' , , , , , , , , , , , , , . , , , , , . . ... ?.. ........................ .. .. ...... .... .... .... .... .... .... .. .... .... .... .... .. .. ..
ITEMS'NOT '~NCLUDED IN sALE:A/~,Q.~ .. ... .. ........................
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60 Seller shall, upon payment ofthe purchase price, conve; the propeny by warranty deed. or other conveyance provided herein, free and clear of all
6! liens and encumbrances, excepting: municipal and zoning ordinances, recorded easements for public utilities located adjacent lo side and rear lot
62 lines, recorded2lding and use restrictions and covenants, general taxes levied in the year ol closing and ....... ... 63
64 L&al.fissession ofpropeny.shall be delivered to Buyer on date'of closing.
65 It is understood the propeny is now occupied by . ~<. ........ ... ............ ...
66 undcr (oral lease) (written lease), which terms are:
67 .. ... ....
68 Occupancy of ' .__ ... ............. shall be given to Buyer on
69 If Seller is permitted to occupy propeny after closing, Seller shall prepay occupancy charge of $ ..
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...
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.. 4 payable ,as'foliows: ~e . ... ... , .. .. ..
In addition. !he sum of $ "." shall be withheld lrom the purchase price to be escrowed wilh .....
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73 lo guarantee delivery of occupancy to Buyer AND FOR NO OTHER PURPOSE, which sum upon Seller's failure to deliver occupancy shall be
74 paid to Buyer as liquidated damaqes or returned to Seller if occupancy is delivered 10 Buyer on. the ageed date.
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75 All eamesl money paid'shall be applied toward payment of the purchase price if 15;s offer is accepted on or before . , . ,
', I9 .fs; otherwise, to bc returned to the undersigned Buyer no later than dU;dC! .z ,
,I . . . .......
this offer shall become null acd void. ,,., .I 'i ! ' , , , ,.,. ,
,l
!f this offer is accepted. it shall :tot becnne bicding upon BI;yer until a cop" 01 accepted offer is deposited, Foslage prepid. in the United States
mails, addressed to Buyer at 20,. PQk. . %? .k&!.X2dpfi. .. ,- . .rs/5?d .
:0 .... .. ,. or by personal delivery thereof. ... ..........
,I This transactton IS to'be closed at the offici of Buver's mortgagee or at the ollice of c;.?H .O .c .fi.'d*:k?@ . " ..' ::.
, .... ., " ., .......... ..... ........ ................... ....... . , . , . , , on or before
', 19 p.7, or at such other time and place as may be agreed in writing by Buyer and Seller.
14 . Her represents to Buyer that the property is zoned .. .... ....
.... 15 ,,. .. ....' ... $6 Seller warrants and represents tu Buyer that the property is not located ill a floud plain. us per .
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38 (Caution: Refer IO wetlands regulations.) 39 10 Seller warrants and represents to Buyer lhat Seller has no notice or knowledge of any:
(a)planned or commenced publjc improvement which may result in special assessments,or othemige materially alfect the propeny
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31 (b)govemment agency or court order requiring repair. alteration or correction of any exasllng condltlon.
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97 1nle;rst. rents. water and sewer use charges and homeowners association assessments shall be prorated as ofthe date of closing. Accrued
99 General taxes shal: be prorated at the lime ofclosing b:t,ed on the net general trlxes for the current year, ifknown. otherwise on the net general
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98 income an3 expenses, including taxes for ihc day of closing, shall accrue 10 Seller.
00 taxes for the preceding year.
01 CAUTION: lfpropcrty has IIU~ bccn fully assewd ior lax pur~n~ses. or reassessment is culnpleted or pending, tax proration shall be on the basis of
03 association has assessed or may assess.
.04 Special asscssmentj, if any, l8:r wmlr on bite actually cwmcnced or levied prior 11) date of this der shall be paid by Seller. All other special
.05 assessments. including any contemplated special assessments. shall be paid by Buyer. .06
!07 I. A complete abstract oftills lnak hy an abstract company, extended to within 50 days ofthe closing, said abstract to show Seller's title to be
Selier shall furnish aud deliver to Buyer Tor examination at least IS days prior to the date set for closing. Seller's choice of either:
109 proc;eds of the sale. Buyer shall notify Seller in writing of any valid objection to the title within 10 days after the receipt of said abstract and
108 marketable and in the condition called for by this agreement, except for mortgages, judgments or other liens which will be satisfied out of the
110 Seller shall then have a reasonable time but not exceeding 60 days, within which to reclify the title (or fllrnish a title policy as hereinafter
provided) and in such cares the time of closing shall be accordingly extended: or
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 appear,
writtenb: aresponsiblsti~leinsurancecompanylicensedbythrStateofWisconsin,whichpolicyshallguaranteeSeller'stitletobeincondition 14
.15 called for by this agreemenl, except for mortgages, judgments. or other liens which will be satisfied out of the proceeds of the sale. A
16 commilment by such a title company. agreeing to lsjue such a title policy upon the recordingofthe proper documents as agreed hereln, shall be
deemed sullicient performance.
'18 furnish written proof. at or before closing. that Ihe tolal underlying indebtedness. if any. is not in excess of the proposed balance ofthe land conlracl.
'19 and that the payments on this land contract are sulfcient to meet all ofthe obligalions of Seller on the underlying indebtedness,
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21 be paid 10 or retained by Seller as liquidated damages. Ii such money is held by Broktr. Broker shall disburse such money as follows:
Should Buyer fail to carly out this agreement. all h money paid hereunder, including any additional earnest money, shall. at the optionofseller,
122 I. lo Buyer, ifSeller has nul wtilicd Buyer and Brokur in writineof Seller's~lrclion loconsider all money paidhereunder as liquidateddamages 123
124 2. ToSellerasliquidateddamages,subjecttodeductionsofBroker'scommissionanddisbursements,ifany,ifneitherpartyhascomn~encedalaw
or part payment for specific performance wilhin 60 days of closing date set fonh in this agreemenl. or;
125 126 suit on this matter within I20 days of the closing date set fonh in his agreement.
Should Seller be unable to carry out this agreement by reasonofa validlegaldefect in title which Buyer is unwillingto waive, allmoney
127 paid hereunder shall be returned to Buyer fonhwith. and this contract shall be void.
17 IfthisolT~rprovi~esforulandcontract.thesa~nervidenceoftitleshallbefurnishedpriortotheexecutionofthelandcontract,andSellershall
i28 SPECIAL PROVISIONS:
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136 Buyer has read, fully understands and ackwlcdges receipl of'a copy ofthis oier 10 purchase'. BUYER IS ADVISEDTHAT BROKER
.. ...... .. 137 HAW 1IPWITIl SELILEK. ..
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(Buyer) (Buyer)
140 THIS OFFER& HEREBY ACCEPTED. THE WARRANTIES AND REPRESENTATIONS MADE HEREIN SURVIVE THE 141 CLOSING OF THIS TRANSACTION. THE UNDERSIGNED HEREBY AGREES TO SELL AND CONVEY THE ABOVE-
142 MENTIONED PROPERTY ON THETERMS ANDCONDITIONS AS SET FORTH AND ACKNOWLEDGES RECEIPTOF A COPY
143 OF THIS AGREEMENT
\44 i, 'I ... . 19 .... .............................. ..
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148 EARNEST MONEY RECEIPT
.. .. ./. (If Seller is married. spouse should sign.)
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(Seller)
............... ..... ... ... ... ......... 149 Earnest money in the amoml of $ in form of ........... ... .... .... I50 . . received from
;I ...... The undersigned hereby agrees to hold same in an authorized real Wale 1mS1
i5e~nt in Wiscoptin..or transmil [he same in accordance with the terms ofthe above olfer.
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,., , ... ............. ...... ,:>. .,, :: ..... ,Broker . ........ .... By ., . .. .... ..I.
., . I I
AMENDED
COUNTER-OFFER
(Attachment to Resolution #107-87)
The Offer To Purchase dated May 18, 1987 and signed by David ;a L. DeAngelis and Tracv K. Gorseaner for DurChaSe of real estate
described
1.
2.
3.
4.
5.
6.
7.
7.5
8.
in said Offer To Purchase is countered as follows:
-
The purchase price shall be $7,000.00
The date of closing shall be on or before July
15, 1987
supplied to buyer with City to have property
Copy of existing Certified Survey Map to be
staked and lines 25 & 26 of Offer are deleted.
Buyer is aware that property is being sold as is
and lateral is the responsibility of the Buyer,
Sewer Assessment of $5,928.05 for front footage
and any and all special assessments
Buyer understands that it is likely that he may
have to install a culvert at an estimated cost of at
least $3,500.
Buyer to be responsible for payment of Reserve
Capacity Assesment of $1,635 and Initial Construction
Fee of $500
That part of line 104 which reads as follows is
deleted, "Special Assessments, if any, for work
on site actually commenced or levied prior to date of
this offer shall be paid by Seller".
All other provisions of the Offer to remain the same
terms and conditions as set forth in said offer and this Counter-
Offer and acknowledges receipt of a copy of this agreement. The
warranties and representations made in said offer and this
Counter-Offer survive the closing of this transaction.
Seller agrees to sell and convey the above property on the
This Counter-Offer must be accepted on or before May 29,
the accepted Counter-Offer is deposited, postage prepaid, in the
1987, and it shall not become binding upon Seller until a copy of
United States mails, addressed to Seller or Seller's agent at
delivery thereof. to Seller or Seller's agent.
City of Muskego, P. 0. Box 903, Muskego, WI 53150 or by personal
Dated CITY OF MUSKEG0
By :
Wayne C. Salentine, Mayor
By :
Charlotte L. Stewart, C4ty Clerk
Counter-Offer
Attachment to Resolution #107-87
Page 2
The above Counter-Offer is hereby accepted
(or)
~~
Dated
David L. DeAngelis
Tracy Gorsegner
BUYER'S ABOVE COUNTER-OFFER IS HEREBY ACCEPTED:
Date
Wayne G. Salentine, Mayor
Charlotte L. Stewart, City Clerk
The Offer To Purchase dated Mav 18. 1987 and si d ed bv D'avid
L. DeAngelis
described in
1.
2.
3.
4.
5.
6.
7.
8.
The
The
15 9
and Tracy K. Gorsegner' for'purchase of real estate
said Offer To Purchase is countered a bz- follows:
purchase price shall be $7,000.00
date of closing shall be on or
1987
Copy of existing Certified
supplied to buyer with City
staked.
Buyer is aware that property being sold as is
Sewer Assessment front footage
and lateral is the of the Buyer,
and any and all
Buyer understands likely that he may
have to install a an estimated cost of at
least $3,500.
Buyer to be respon payment of Reserve
Capacity Assesment and Initial Construction
Fee of $500
All other provisio Offer to remain the same
Seller agrees t d convey the above property on the
terms and conditions orth in said offer and this Counter-
Offer and acknowledg t of a copy of this agreement. The
warranties and repre s made in said offer and this
Counter-Offer surviv sing of this transaction.
This Counter-Of be accepted on or before May 29,
1987, and it shall n binding upon Seller until a copy of
United States mails, d to Seller or Seller's agent at
the accepted Counter deposited, postage prepaid, in the
City of Muskego, P. 3, Muskego, WI 53150 or by personal
delivery thereof. to r Seller s agent.
Dated CITY OF MUSKEGO
I . Salenfine, Mayor I By:
Charlotte L. Stewart, City Clerk
Counter-Offer
Attachment to Resolution 11107-87
Page 2
(or)
The above Counter-Offer is hereby accepted
Dated
David L. DeAngelis
BUYER'S ABOVE
Tracy Gorsegner
COUNTER-OFFER IS HEREBY ACCEPTED:
Date
Charlotte L. Stewart, City Clerk