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CCR1989100COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION 81 00-89 AUTHORIZING APPROVAL OF CANCELLATION AGREEMENT (Deiuca Hartman Construction Co.) WHEREAS, Resolution W213-88 approved an Offer to Purchase submitted by DeLuca Hartman Construction Co. for property located in the Muskego Industrial Park, and WHEREAS, DeLuca Hartman Construction Co. has submitted a Cancellation Agreement & Mutual Release for this Offer. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego. upon the recommendation of the Finance Committee, does hereby authorize the approval of the Cancellation Agreement & Mutual Release submitted by DeLuca Hartman Construction Co. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to sign the necessary documents in the name of the City. DATED THIS 25th DAY OF ADril , 1989. FINANCE COMMITTEE . Aid. Harold L. Sanders Ald. Edwin P. Dumke Ald. Daniel J. Hilt ATTEST : -. .-/ 4. C- Approved by Wir. Real'Estare Examining Board 11-16-79 WB- 45 Cancellation Agreement & Mutual Release Wisconsin Legal Blank Co.. Inc. Reapproved (substantially unchanged) by Wisconsin Department of Regulation and Licensing Milwaukee. Wir. 5-1-82 CANCELLATION AGREEMENT & MUTUAL RELEASE THE UNDERSIGNED seller(s) and buyer (s) hereby agree that the contract for the sale and ............................................................................... dated se.tembr?.I 21 .,... 1988 ............, Muskego WI 53150 ....................... ..... .. . City State Zip and accepted .... SeP.te.~.e.r..ze.,..l.g.e.e .......... ................................. be cancelled and the parties hereby a Date release all of their right, title, and interest in and to said contract. The parties hereby authorize and direct the broker .... Moone )!.. LeSa¶e .. &..Assoclates,...Ltd, e ....................................................................................... to disburse the earnest money deposit of .............................................................................................. .................................................................. and the parties hereby release the Broker from any and all liability for disDursing the earnest money as directed. DATE .......................................................... ................................................................................ BUYER Mario DeLuca DATE .................................................. ... ................................................................................ ~ BUYER .................................................................................................................................................... 8 DATE SELLER Wayne G. Salentine, Mayor DATE ................................................ .............................................................................. SELLER Jean Marenda, City Clerk !' I .- , .. I$ :. . 1. . ,I I., 1 . ' : i .:. - 8. The follovlng terms end conditlons ere made a part of the Offer to City of Huskego, as Seller, and De Luca Hartman Constrnctlon Go. as Buyers. I. -1 1rnorovement;s; "' ' krchase attached hereto and dated September 21, 1988 by and between the A. The purchase price Includes the follovlng Improvements: Sanitary sewer and veter laterals are at lot line end fully paid for and available for uae by Buyer. Buyer will connect to saver and vater at Buyer's expense. Electric and telephone service will be avallabla to Buyer. B. If said streets are not permanently surfaced at the time of the completion of thls tramaction, said atrents when penMnently Improved rhall be at the expame of the City end no special asBeBements with respect to the permanent improvements of the streets shall be asaessed against the property herein described. and the Buyer, his heirs and asslgns, shall have no further obligation with respect hereto. 1 XI. l$ is ed becveen Buver and Sew A. The provisions of paragraphs thlrteen (13) and fourteen (14) of the Rules and Regulations for ths Uuskego Industrlal Park as orlginally adopted by the City of Huskego by Resolution C145-70. on July 28, 1970. and further nxtended to cover Uuskego Industrial Park Addltlon 11 on Hay 27, 1986, are incorporated herein by reference as if fully set forth hereln. Said provlsions provlde in effect that In the event the Buyer should desire to resell a portlon of the premises which are the subject of thls Contract and which are not belng used In Beme to the City for repurchase. The City shall then have ninety (90) days to act upon sald offer. I 'i 1 connection vith Buyer's business, that he must first offer tho I 8. These provisions shall constitute covenants running vith the land and shell be blndlng upon the successora and assigns of the psrtles hereto and may be Included in the deed vhlch Seller delivers to Buyer in completion of thls transactlon. Buyer acknovledges thet he has recaived a copy of the full text of the Rules and Regulations of the Uuskego Industrlal Park and that he has read and fully underatends same. The varranty and representation mads herein survive the closing of thls transaction. I ; c. I., ". BIPI?A: De Luca pqan SELLER: CITY OF WSKECO ,, 'Hario Dekuca Wiyn{ c . Salentins. Uayor Countersigned: BY: Jep#Harenda, City Clerk .. . . 1 0 "