CCR1988166COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #166-88
APPROVAL OF OFFER TO PURCHASE
(Wolverton)
(Industrial Park Addn. No. 1)
WHEREAS, an Offer to Purchase in the amount of $34,632.00 has
been submitted by Kathryn Wolverton for Lot 8, Block 3, having a
frontage of 152.97 feet on Saturn Drive in the Industrial Park
Addition No. 1, and
WHEREAS, the City's Attorney has reviewed the offer to Purchase
and recommends the City not accept the Offer with the stipulation
contained in Item 111 of the Rider.
WHEREAS, the Finance Committee has recommended denial and
recommends a Counter-Offer deleting Item 111 on Rider to Offer to
Purchase.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendations of the Finance
Committee and the City Attorney, denies the Offer to Purchase by
Kathryn Wolverton.
BE IT FURTHER RESOLVED that the Common Council of the Citv of
0 Muskego does hereby authorize the making of the attached counter
Offer.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
sign the necessary documents in the name of the City.
DATED THIS \A. DAY OF 1988.
ATTEST:
City Clerk
7/88
YP
Ald. Edwin P. Dumke
A
Wisconsin Lcgal Blank Co.. Inc.
Milwaukcc. Wir.
COUNTER-OFFER
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17 Seller agrees to sell and convey the above propeny on the terms and conditions as set forth in this Seller's Counter-Offer an 18 receipt of 8 copy of it. The warranties nnd reprcsentnlions madc in this Counler-Offer survive the closing 01 this transaction.
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20 and it s11all 1101 bccomc hindinr uvun Sellcr until a cotw ulthe ncccNed Cuunler-Oller is dcnorited. wrtnce nrel)aid. in tllc United Stales mails.
This Counler-Offer must be ncceptcd on or hefore du1.Y .!?.*. 1988. ~~ (TIME IS OF TllE ESSENCE)
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21 addressed IO Scllcr at CLO. .Moaney L.eSage. .&. .Ass.oci.at,es.,. ,ltd,,, 400 s E CUt'W Dr. Bl.01. ur by pcrsunal
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22 dclivcry thereof IO Seller. Brookf.ier%, 'W!" 53005 '
City of Muskego
23 Dated JU1.y. .12., 1988. ... a Wayne G. Salentine. (Sel1er)Mayor
BY, :
25 Anthony S.. Bar.eta. . BY:
26 Name of licensee who negotiated above Counter-Offer
Persuant to Resolution # Passed by the
Muskego Common Council on , 1988.
Jean Marenda, City (Seller) Clerk
21 The above Cuuntcr-Offer is hereby (acceptcdlcountcred). If countcrcd. all tcnns and conditions to remain the same as stated on the Offer
28 10 Purchase and not to include any of the terms on the above or any other Counter-Offer except the following:
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d acknou,ledges
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42 nlld if shall not beconle binding upon Buyer until a copy of the ncccpled Countcr-Oll& is deposited, postage prepaid, in tile United States mails,
41 This Buyer's Counter-Offer must be ncceplcd 011 or before , . (TIME IS OF THE ESSENCE)
43 addressed to Buyer at
delivery thereof to Buyer .I.
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i 48 Name of licensee who negotiated above Counter-Offer
or by personal
Buyer's above Counter-Offer is hereby accepted. If Seller is not accepting Buyer's Counter-Offer. Seller should not sign below. Seller nny
50 counter on a new Counter-Oller fornl.
1 51 Dated:
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54 Na'me of licensee who negotiated above Counter-Olleer
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(Seller)
(Seller)
THIS COUNTER-OFFER SHOULD BE ATTACHED TO THE OFFER TO PURCHASE.
!JI I;XC):I"r[(jNS'I'O WAI(I{AN'I'IKSI\NIJ III~I'I(I:SI,:N'I'A'I'IONSSI'~I'I;II IN I.INI,:S HII'I'~J!III. Except. tha.t a .Reserve
w .Capacity..Assessment. f0.r Sanl.tary Service and. .a Water .Capaci.ty. Assessment. does exist aga.i.nst
this. .p roperty ... ,These. Assessments. .wjl 1 .be. .Buy.er'.s obl.i.ga.tion to pay. .when, due.. Buy.er ,is.
9-1 ,resoons.i.ble for .the. fi.nal. $1000.0.0 o.f cost ta install..a dr.i.veway..cul.vert..for the property.,
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Wayne G. Salentine, Mayor
BY ;
I50 Offer is countered (Seller initial.)
151 BY;
Persuant to Resolution#- passes by the Jean Marenda, City Clerk
15:! Muskego Common Council on , 1988. Scllvr's Sawi:ll Srruritg Nu
RIDER TO OPFER TO PURCHASE
The following terms and conditions are made a Part Of the Offer to
Purchase attached hereto and dated June 9, 19888 by and between the City Of
Muskego, as Seller, and /I<?</.,,{,, LL.c'(I*..(~L:.L
Buyers. 1
". as $,
I. Special Improvements:
A. The purchase price includes the following improvements:
Sanitary sewer and water laterals are at lot line and fully paid
for and available for use by Buyer. Buyer will connect to sewer
and water at Buyer's expense. Electric and telephone service is
available along rear lot line. Natural gas available in Saturn
Drive.
B.
completion of this transaction, said streets when permanently
If said streets are not permanently surfaced at the time of the
improved shall be at the expense of the City and no special
assessments with respect to the permanent improvements of the
streets shall be assessed against the property herein described,
and the Buyer, his heirs and assigns, shall have no further
obligation with respect hereto.
11. It is agreed between Buyer and Seller:
A. The provisions of paragraphs thirteen (13) and fourteen (14) of
originally adopted by the City of Muskego by Resolution f145-70
the Rules and Regulations €or the Muskego Industrial Park as
on July 28. 1970, and further extended to cover Muskego
Industrial Park Addition #1 on May 27, 1986, are incorporated
herein by reference as if fully set forth herein. Said
provisions provide in effect that in the event the Buyer should
desire to resell a portion of the premises which are the subject
of this Contract and which are not being used in connection with
Buyer's business, that he must first offer the same to the City
for repurchase. The City shall then have ninety (90) days to
act upon said offer.
E. These provisions shall constitute covenants running with the
parties hereto and may be included in the deed which Seller
land and shall be binding upon the successors and assigns of the
delivers to Buyer in completion of this transaction. Buyer
acknowledges that he has received a copy of the full text of the
Rules and Regulations of the Muskego Industrial Park and that he
has read and fully understands same.
C. The warranty and representation made herein survive the closing
of this transaction.
111. Buyer's Obligation to Consummate this Transaction is Contingent Upon:
Seller warranting to Buyer that no materials have been deposited,
"dumped," placed, or disgarded, and that none exist, on the subject
premises which, or the components of which, are, or may become, toxic,
contaminant, or a pollutant; and Seller does agree to save Buyer
harmless for any cost, expense, assessment or detriment to Buyer, or
Buyer's successors or assigns, in the event of any claim, action, or
proceeding in law or equity by any governmental unit or agency or by any
other legal entity or person by reason of the existence or the supposed
existence, of any such thing or condition on, or with respect to, the
subject property pursuant to 42 U.S.C. Sec. 9601 et seq. or any of its
extensions, or amendments, or pursuant to Wis. Stats. Sec. 144.442 or
any amendments thereto, and/or pursuant to any other theory or alleged
basis for such liability.
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I BUYER: SELLER: CITY OF MUSKEG0
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By :
I Wayne G. Salentine, Mayor
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By: Countersigned:
Date: By :
Jean Marenda, City Clerk
Date:
036:21888