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CCR1989060i . AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #60-89 RESOLTUION AS TO OFFER TO PURCHASE (City-owned Land - McShane) WHEREAS, an offer to purchase the property known as part of Tax Key No. 2207.997 on Fairfield Drive and is part of the NW 1/4 of the SW 1/4 of Section 12, T5N R20E, 17 acres plus or minus, has been submitted by: Reuss Construction Co., Inc. $102,800.00 WHEREAS the Finance Committee has recommended acceptance of the $102,806.00 offer submitted by Reuss Construction Co., Inc., contingent on a counter offer being accepted deleting all contingencies in the offer. WHEREAS, the City Attorney cannot recommend acceptance of said offer but suggests making a counter offer because of concerns over wording as to environmental matters and to other concerns. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, and City Attorney indicates that in principle the price of $102,800 is acceptable but that the City hereby rejects that offer because of concerns over the environmental wording and 0 other problems. BE IT FURTHER RESOLVED that the Common Council hereby authorizes the City Attorney to prepare a counter offer which addresses these concerns; deletes contingencies stated above; makes provision for the City not filling with undesirable fill prior to closing; makes provision for the road similar to those in the prior offer, and closing forty-five days from acceptance of counter offer and hereby authorizes the Mayor and Clerk in Council as to said offer and counter offer. consultation with the City Attorney to act in place of the Common BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to sign the necessary documents in the name of the City. DATED THIS 14th DAY OF March , 1988. FINANCE COMMITTEE Edwin P. Dumke Ald. Mitchel E. Penovich 'D ATTEST : Ald. Daniel J. Hilt City Clerk WB.t.3VACANTLANDOFFERTOPURCHASE 2 XBPX~XIIWRx~~x~~~~x~~~~x~xnK~~M~~x~~Mw 1 Waukesha __.Wisconsin, March7 .lB9 3 IF ACCEPTED. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONIRACT BOTH PARTIES 4 SHOULDIlEADTHlS DOCUMENTCAREFULLY AND UNDERSTANDITBEFORE SIGNING 15 16 Fa,l~,e 01 Buyer Io make earnest money paymeNs as provided voids oller a1 Scllers opl~on. Earrierl money. il held bydScl I; shall b2 held in sellhnq broker 5 ltusl accounl pr~o! Io acceptance 01 ?Iter and thereallet i(/ llrling broker 5 lrllsl aCCOUnl Or unlil 18 applied Io the purchase price a1 closing or disbursed as pmvlded hewn 01 perlnilled hy law 20 OCCUPANCY. &IMwoocDXIMG AND AS TO ALL DAlES INSERTED IN 1 HIS OFFER EXCEPT 19 TIME IS OF THE ESSENCE AS TO: ADDlllONAL EAnlJEST MONEY PA\MENT ACCEPTANCE, LEGAL PClSSESSlON, and Ihe balance in cash at closin 143 THIS OFFER IS HEREBY ACCEPTED. THE WARRANTIES AND" REPRESENTATIONS MADE 144 HEREIN SURVIVE THE CLOSING OF THIS TRANSACTION. THE UNDERSIGNED HEREBY AGREES 145 TO ' SELL' AND CONVEY' THE ABOVE-MENTIONED PROPERTY ON THE TERMS,,, YO ,CONDITIONS 146 ASSETFOFlTH~DACKNOWL~DGESRECElPTOFACOPYOFTHIS,AGREEMEM. /.,. , ,, , COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #60-89 RESOLTUION AS TO OFFER TO PURCHASE (City-owned Land - McShane) WHEREAS, an offer to purchase the property known as part of Tax Key No. 2207.997 on Fairfield Drive and is part of the NW 1/4 of the SW 1 /4 of Section 12, T5N R20E, 17 acres plus or minus, has been submitted by: Reuss Construction Co., Inc. WHEREAS, the Finance Committee has recommen $102,800.00 offer ceptance of the WHEREAS, the City offer but suggest over wording as t NOW, THEREFORE, RE IT RESOLVED that Common Council of the City of Muskego, upon the recomme ion of the Finance Committee, and Ci price of $1 02,800 that offer becaus other problems. RE IT FURTHER RESOLVED th the City Attorney these concerns an consultation with the Attorney to act in place of the Common Council as to said of nd counter offer. BE IT FURTHER RES that the Mayor and Clerk are authorized to sign the necessar uments in the name of the City. acceptance of said ecause of concerns FINANCE COMMITTEE Edwin P. Dumke Ald. Mitchel E. Penovich Ald. Daniel J. Hilt ATTEST : City Clerk 3/89