CCR1987149COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #149-87
(As Amended)
ACCEPTIREJECT OFFER TO PURCHASE CITY-OWNED LOT
ON FAIRFIELD DRIVE
WHEREAS, the City advertised to sell two lots on Fairfield Dr., and
WHEREAS, offers to purchase have been received and reviewed by the
Finance Committee, and
WHEREAS, the Finance Committee has recommended that the Offer to
Purchase submitted by Thomas and Karen Schilling in the amount of
$24,500.00 be rejected, and a Counter Offer be prepared by the City
Attorney to include the following provisions: . Buyer to pay all Special Assessments and fees including Reserve
Capacity Assessment of $1,635 and Initial Construction Fee of
$500 (sewer connection); . Connection to sewer responsibility of buyer;
. Sale subject to approval of certified survey map and deed
. Municipal water is not available;
. Utilities available at buyer's expense; . Buyer is not given right to maintain adjacent lot; . If financing is not obtained, the City will retain the $500
. The closing date will be changed in accordance with Finance
restrictions;
earnest money.
Committee recommendation.
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 submitted by Thomas and Karen
to prepare a Counter Offer with the provisions as listed above.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the Counter Offer in the name of the City.
BE IT FURTHER RESOLVED that if this offer does not close, the offer
submitted by Rudolph Raab for $23,900.00 will be given first
consideration.
Schilling in the amount of $24,500.00, and directs the City Attorney
DATED THIS 14th DAY OF July , 1987.
ATTEST:
FIN
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Amved by the Wisconsin Deparheni of Regulation and Licensing
5-1-82
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Dollars (S . h.3, .s Q.0. J.. ) and on the terms and conditions as follows:
Earnestmoneyof$, .. ;.....__ ..,, ..cmderedherewith.AdditionaleamestmoneyofS, .5.C!~..!X~intheformof ,<.'?lf?Ck. . ............... to be paid within .. .s. . days of acceptance of der M on ....
......... ........ . ~ ~ . . ~ . . , and the balance in cash at closing or as hereafter set fo If this offer is &e result of a co-brokerage. then all money paid herewithshall be heldinlhe sellingbroker'strust account until the acceptanc
this over and shall be transmitied to the listing broker upon such acceptance.
"Additionil earnest money payments shall be made to the listing broker and held in the listing broker's tmst account or .
..~..~ oFiliEESsENcE AS T.0: EA~EST MoN~EypAyM~ENT, LEGAi possEssloN, occuPAi;ldu, AI
DATE OF CLOSING. (Strike those not applicable.) THEBUYERSOBLIGATIONTOCONCLUDETHIST'RANSACTIONISCONDITIONEDUPONTHECONSUMMATIONOFTI FOLLOWING (If this offer is subject to financing. percolation test, specific zoning or use. approval of recorded building and use restrictions and covenants, or I
other contingency. it must be stated here. If none, so state.)
..... S.~.~~ec.~:..t4...~,.r!e.rl.c;r:~ ................................................ .... :' ! .... Z'. :.: :. !. ....................................................................... .. ,
......................................... .......................................... .. ......................................... ...................................... ................................... ..... .............................. ............ ............ .. ..................... ....................... .............................. .... :[ .,~,!\ r 1 >. .,\ !> '.., . ..............................
.......... .......... ..... .... .................. ... .... .............. .....
..... ............................ ........ .........
...... l..'i. ............ ..; ............. ..: ........................... ;.... ....
.................... .......... .............................. . .!. i ....................... .. ... .. ........................... I,
..i ..................... . .... ..... i,: I,
Buyer agrees thatunless othewire specified, Buyer will pay all costs of securing any financing to the extentpemiued by law. sndto perform all ac necessary to expedite such financing.
ADDITIONAL ITEMS INCLUDED IN SALE . . ........................ ..........................
(i.. ......... ? ...... i. .................................................................................
ITEMS NOTLNCLUDED IN SALE ........................................ .........
..
!
I .......................................................................
1 ii-. C.; .\i..
>. ". , . .,, .. ... ................. ........ ...........................................
........... ..~~. ... ~.. ... ......................................
Seller shall, upon payment ofthe purchase price. convey Ihe property by warranty deed. or other conveyance provided herein, free and clear or f liens and encumbrances. excepting: municipal and zoning ordinances, recorded easemenls lor public utilities located adjacent to side and rear 1,
lines. recorded building and use restrictions and covenants. general taxes levied in the year or closing and "' .. ............... ...
Legal possession of property shall be delivered to Buyer on date of closing.
It i? understood the property is now occupied by '7,". .. .....................
..
under (oral less;) (written lease), which terms are:
.. ..... ... ... ...................... I, , .
I ,I., . ............................ ...... .. ......................................
, Occupancy of ... L4C.d ........ shall be &en to Buyer on R.+te.. . of.. . G.\.?&?'$. .............
If Seller is permitted to occupy propny after closing. Seller shall prepay occupancy charge of 0 ... ................
In addition. the sum of 0 ... shall be withheld from the purchase price to be escrowed with ..... payable as follows:. .................. .......... .. .. .............. -
1 ... .....
to guarantee delivery of occupancy to Buyer AND FOR NO OTHER PURPOSE. which sum upon Seller's railure to deliver occupancy shall 1 paid lo Buyer as liquidated damages or returned to Seller if occupancy is delivered lo Buyer on the agreed date.
.,
All earnest money paid shall be applied toward payment of the purchase price if this offer is accepted on or before . . , ... . ' .... 19 .... ; otherwise, to be returned to the undersigned Buyer no later than ............
19 . . '. and this offer shall become null and void.
78 lfthisoNerisaccepted,itshallnolbecomebindinguponBuyerunlilacopyolaccep~edoNerisdeposited.postageprepaid,intheUniledStales
79 mails, addressed to Buyer at W. 1.8'6. 5 .d.7.0 9. L.k.<.S.k .)J.f?:,.'J.C fl,q.'..kP;~~ ..,. .Q.X. 5.3.!.5.Q.
80
81 This transaction is to be closed at the onice of Buyer's mortgagee or at he onice of .A ..
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83
.. .. .. ~ ~ . on or belore
, IY r? . or at such ufier time in writing by Buyer and Scller.
the property is zoned . JI f'\c)P: !~P.!.?,.\ i\ c-
.J J
Seller warrants and represents to Buyer that the property is not located in a flwd phin. as per
!a7 "I 88 (Caution: Reier lo wetlands regulations.)
89 Seller warrants and represents to Buyer that Seller has no notice or knowledge of any:
.. ~~ ~~
90
91 (a)planned or commenced public improvement which may result in special assessnients or otherwise materially aNect the propcny,
(h)government agency or coun order requiring repair. alteration or correction of any existing cnnditintl.
92 EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES 86TO 91,
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95
96 ..
97 Interest. rents, water and sewer use charges and homeowners association assessmen& shall be prorated as ofthe date of closing. Accrued 98 income and expenses, including taxes for the day of closing, shall accrue to Seller.
- ~ 9-3 . . - " " - - " - ~- ~ . - -. ............ ~~~~
~~~ .. ~~ ~. ..~
100 taxes for he preceding year.
99 General taxes shall be prorated at the time ofclosing based on the net general taxes for the current year. if known,othewise on the net general
CAUTION: If property has not been fully assessed for tax purposes. or reassessment is complctcd nr pending. tax proration shall be on the hasis 01
estimated annual tax. Make spec~al agreement il area assessment(s) irlare contemplated andlor lholneowncrs
104 Special assessments. if any, for work on site actually commenced or levied prior tu date of this olTer shall he paid by Seller. All other spccial
105 assessments. including any contemplated special asscssrnenls. shall be paid hy Buyer. 106 Seller shall furnish and deliver to Buyer fur examination at lcast IS days prior to Ule date set for closing. Seller's choice of either:
has assessed or may assess.
called lor by this agreement, except for nlortgges. judgments. or other liens which will be satisfied out of the procecds of the sale. A 115
1 I6 deemed sunicient performance. commitment by such a title company, agreeing to issue such a title policy upon the recordingofthe proper documents as agreed herein. shall be
117 lfthisoNerprovidesforalandconrract,thesa~neevidenceoltitleshallbefumisl~edpriortutheexeculionofthelandcontracl.andSellcrsh~ll
118 furnish written proof. at or before closing, lhat the total underlying indehlcdncss. if any, is not in excess ofthe proposcd balanceofllle land contract.
120 119 and that the payments on this land contract are sullicient LO meel all of the obligntions of Seller on the underlying indebtedness.
Should Buyer fail locarry out this agreement. all money paid hereunder. includingany additional earnesl money.shall. at heoptionof Scller, 12 1 be paid to or retained by Seller as liquidated damages. llsuch money is held by Broker. llroker shall disburse such money as follows: 122 I. lo Buyer. if Sellcrh:~c not notified Ruycr:~nd IlI<>kcrin writingol Scllcr'sclrcli<m IqBcurnsidcr dl moncy paid herc!lldcrns liqllidatedd:lm;lges
124 2. ~oScllerasliquidatedd~n~~ges.subjcclt~~dcducti~~~~sofl~rokcr'scu~~~tnissi~~~~~~~ddisbu~sc~~~ct~tr,if~ny.ilneill~erpartyl~asc~~~~~~~~c~~ced;~l~u. 12> 126 suit on this mattcr within 120 days ol the closing date sct li,rlll in this ap,rccn!clll.
127 paid hereunder shall be returned to Iluyer lortlnvith, and this cmtr;lcI shall he void.
Should Seller he unable to carry out this agrcclnent hy rcnson #fa valid lcpl dclccl in title which Iluyer is unwilling 10 wiiivc. all Inlirlley
128 SPECIAL PROVISIONS:
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130
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123 or part payment fclr specilic pcrIiml:ulce within 00 dnvs <>f cl<>sing datc sct li~ttl~ it) this ngrecment. or:
134 ...
135
I37 HAS AN AGENCY RELATIONSHIP WITH SELLEK.
136 Buyerhas reai, fully understands and acknowledges receipt of a copy oithis oher to purchase. BUYER IS ADVISEDTHAT BROKER
~.
140 THIS OFFER IS HEREBY ACCEPTED. THE WARRANTIES AND REPRESENTATIONS MADE HEREIN SURVIVE THE
142 MENTlONEDPROPERTYONTHETERMSANDCONDlTlONSASSETFORTtlANDACKNOWLEI)GESRECEIPTOFACOPY 141 CLOSING OF THIS TRANSACTION. TIIE UNDERSIGNED HEREBY AGREES TO SELL AND CONVEY THE AIJOVE-
143 OF THIS AGREEMENT
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(Seller)
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146 .. .
147 (If~Seller is married, spouse should sign.') ' (Seller)
148 EARNEST MONEY RECEIPT
149
I50
Earnest money in the amount of $ in form . ..
151
received lrom
The undersigned hereby agrecs lo hold same in an authorized real cstale trust
152 Iccount in~wisconsin, or transmit the same in accordance with the terms of the above okr.
155
. 19
, Broker
BY
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 8149-87
ACCEPTIREJECT OFFER TO PURCHASE CITY-OWNED LOT
ON FAIRFIELD DRIVE
WHEREAS, the City advertised to sell two lots on F,airfield Drive,
and !
,
WHEREAS, offers to purchase have been receivedland reviewed by
the Finance Committee, and i
WHEREAS, the Finance Committee has recommenddd that the Offer to
/!
Purchase submitted by )'
in the amount of $ be rej,ected, and a Counter
Offer be prepared by the City Attorney to,!,include the following
provisions:
. Buyer to pay and fees including
Reserve Capacity and Initial
Construction Fee . Connection to . Municipal . Sale map and deed
by directs the City Attorney t prepare a Counter Offer with the
!'in the amount of $ and
provisions as listed above!'
i
BE IT FURTHER RESOLVED th t the Mayor and Clerk are authorized to
execute the Counter Offe in the name of the City.
DATED THIS DAY Ob , 1987.
1
FINANCE COMMITTEE
hj
Ald. Mitchel Penovich
ATTEST :
City Clerk /
7/87
jm /
i
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
i