CCR1992253b
COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #253-92
APPROVAL OF OFFER TO PURCHASE
(Jack J. Santoro and/or Assigns-Industrial Park Addn.)
BE IT RESOLVED that the Common Council of the City of Muskego,
Committee, does hereby approve the attached Offer to Purchase
upon the recommendation of the City's broker and the Finance
(CSM #6099 in the Muskego Industrial Park) in the amount of
$40,000 for a 1.4686 acre parcel in the City's Industrial Park,
contingent upon review and approval of the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City.
DATED THIS 13TH DAY OF OCTOBER , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #253-92 which was adopted by the Common Council of
the City of Muskego.
a 10/92 jmb
T-4 &J. "93.
IO-26-37 (apiionsl use date)' 3.1.88 lmand^Btory usedete) Milwaukee. Wir.
WB-13 VACANT LAND OFFER TO PURCHASE
1 Wgukesha. ..... , Wisconsin, oSt?ber 9,. .... .............. ,19.92
2 THE BROKER DRAFTING THIS OFFER IS THE AGENT OF (SELLER) (iW+IW (Strike as applicable).
aF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
4 SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
5 The undersigned Buyer, .Jack .J.-. .5,+nL0V?. .?Rdl?,t' h86LgW ......... ...... ............
6 hereby offers to purchase the property known as (Street Address) 1.-.4686. .hXE VXOnt. L.aad.. ...............
7 in the .CLtY. ........ of Ml?$k%o. ... ......... , County of .Wa.uke.&a.. ........... , Wisconsin,
8 more oarticularlv describedas: .c5.@. 1!6P9.9 .in. .the. .MIXkC.gQ. .hdWSTh~. hrk. (.see. .&LtOchhed\UaP :.
12 and on the terms and conditions as follows:
13 Earnest money of$ .>O.(!:O.Q , . , . in the form of .L?er.??!!?l, .Sh?.Sk,. .P
14 i?+enwd$ ................ ir. tk&m -f .................... to be paid within.. .5.. .. days of acceptance of this offew
15 ......................................................................................... and the balance in cash at closing. 16 Failure of Buyer to.make earnest money payments as provided voids offer at Seller's option. Earnest money, if held by broker. 17 shall be held in selllng broker's trust account rior to acceptance of offer and thereafter in listing broker's trust account or until 18 ap lied to the urchase rice at closing or disgursed as provided herein or permitted by law.
20 OCCUPANCY. DATE OF CLOSlNG AND AS TO ALL DATES INSERTED IN THIS OFFER iM€?BW .....................
..
19 TI~EISOFT~EESSE~JCEASTO:ADDITIONALEARNESTMONEY PAYMENT,ACCEPTANCE,LEGALPOSSESSION,
21 ........................................................................................................................ .r: 22 THE BUYERS OBLIGATION TO CONCLUDETHISTRANSACTION IS CONDITIONED UPONTHE CONSUMMATION 23 OFTHE FOLLOWING 24 (If this offer is subject to financing. survey. percolation test. specific zoning or uae. approval of recorded building and use 25 restrictions and covenants, or any other contingency, it must be stated here. If none, so state.)
26 .$e.<. Ride.T att.Wh.?d. keC.et?.a. !.be. .te.V!+, .?n,d, c,Ond.ltiOn.s, ,Of Whifh.@.re, A?d.e a. .Part. .Of. .this. .
~~~ ~. ~ ~~ ~
27 ....................................................... Offer as if fully contained herein. ..... ..... ........ ....................... .. ............. ............. .... ............................................................................... ... ............... .... .........
31
32 . ......... .........
33 ........... ......
34 ..................
35 ....... .................. .............. ............... ..............
.. ... ... .... ....
.. ....... ...... .. .. .. .. *
36 ..................... ................
37 ............ ......
38 ..................... ........
39 ................. ... ....................................... ....
40 ........
41 .. .. ........... ..... ......... ...................
42 . ...... ... .. ...................... ......... ............ ........
43
44
45
47
46
40
49 50
51
52
53
......................................................... ............. ....................... ............... ................................................................. .................................................................... ~ ................................................
pernutted by law, and will perform all acts necessary to expedite such financing. BuyeF agrees that unless otherwise specified, Buyer will. in good faith, pay all costs of securing any financing to the extent
Included in the urchase price aresuch of the followin Items a8 may be on the pro erty on the date of this offer, which will be delivered free and c P ear of encumbrances: all fixtures; anfall garden bulbs, plants, s R rubs and trees.
................................. ..............
.None ...................................................... .........
56 ............. .- .................................................................................. .,<.
58 free and clear of& lienn andencumbrances, excepting: municipal and zonlng ordinances, rem
~ 59 s rv'ng the r erty re orded u~l In n use re t ctlons a d ov ants neral a e8 1 vied they of closing and, hies an1 %guIat$ons 0) 't%e%s$ego fnaustria? SarY as '&opted iy &e dfty of%skego
61 and Seller shall complete andexecute thedocumentsnecessarytorecord theconveyance.(WARNING Recorded building and use provided none of the foregoing prohibit present use,
63 ThisofferisbindinguponbothpartiesonlyifacopyoftheaccepledoPferisdeposited,postageorfeesprepaid,intheU.S.mail
62 restrictions and covenants can have material impact on the use of or im rovements to the property.)
64 or a commercial delivery system, addressed to Buyer at S52. W.239.48. Glandale. .Ed .Waukesba, ,W.I 53 l8.60r hy personal
65 delivery of the accepted offer to Buyer on or before .O.CCobeF. ,!.?a. !.???. , , . , ... Otherwise, this offer
67
66 is void and all earnest money shall be promptly returned to Buyer.
68 on or before N.?Ye.Vber. 30,. .!??.?. . ,
This transaction is to be closed at the office of Buyer's mortgagee or at the office of .of .MUSkSgO, ...... 19. .. ,,or at such other time and place as may be agreed in writing.
69
70
Legal possession of property shall be delivered to Buyer on date of closing. '
71
72 ~~~
73 Occupancy of . SnC.ilr?. ,P,r,'?mise?, . , . : . , . . shall be given to Buyer on . .Cl?si?.6 .....
............................ ............................................. ........
51 Seller shall, u on payment of the purchase price, convey the property by warranty deed,
.... ...............................
....
It is understood the property is now occupied by . ."?SF! >.??d. ..... ... ........... .......................................................
> ............ . . ~ .. .......................... ...... ... .. ~~~
74 4
75 >
.. ........
76
77
eeupe99 ."
A-0 "LV .............. ............................. r
..................................................................................................................
78 3 79 ~~ e .. 9.
80 (Seller warrants)("d4ed ............ 81' apljlic'able).
whfdee) (none) (pe&Hd+) of the property is located in a flood plain (Strike as
82 (Seller warrants)- .. ) (none) (e) of the property is located in a wetland (Strike as 33 applicable).
84 Seller represents that the property is zoned . I.-!. .I?dVs.tTi.!l. Park. ........ ...... ....
..
..
85 Seller warrants and represents to Buyer that Seller has no notice orknowledge of any:
87 property.
88 (b)government agency or court order requiring repair, alteration, or correction of any existing condition.
91 EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES X0 TO 90: EXC.'?Pt. ,fh.?t, 3
92 .P.'?seme. .CaF!ac.ity. .Cs.ses.sment. ,for S.%Kary,, Sgwe,r. seyvic.e .and. .a.wafey;+?paCity~ A??e?gment , ,
93 .does. .eYht. .agqksC..this. ProPeFtY.-. Th+.e. A+?&%????ts, wiJ1,b.e B?Y.F'.? ObliB?ti?*. .to. .Pay
94 .When .du.c, ..BPJ!eF. .iF. .FC8P.WW.ib~.'? f.'X. .the. .first .$!.aPoo:oo. ,Of, .COS!, C?, il?stall F! ,dF.iv?.YaY. 9s .culvert. .€OX. the. .PFP.R~F.~Y... ........................... ... ..........
96 Thefollowingitemsshallbeproratedanofthednyofc~sin~:~ener~ltaxes,rents,~
97 - I, ........................................................................................ 98 Any income, taxes, or expenses through the day of closing accrue to Seller.
Inn on the net eeneral taxes for the orecedine vear. 99 General taxes shall be prorated at the time of closing based on the net general taxes for the current year, if known, otherwise
86 (a)planned or commenced public improvements which may result in special assessments or otherwise materially affect the
89 (c)shoreland or special land use regulations affecting the property. a- 90 (d)underground storage tanks and the presence of any dangerous or toxic materiais or conditions affecting the property.
..
.I ." I
101 CAUTION: Ifproperty has not been fully assessed for tax purposes, or reassessment iscompleted or pending, tax proration shall
102 be on the basis of $. 26.42/,$1.,00R .a??d%%%e~%hH$al tax. 103 Specialassessments,ifany,forworkonsiteactuallycommencedorleviedpriortodateofthisoffershallbepaidbySeller.All 104 other soecial assessments shall be mid bv Buver. (Caution: Consider a soecial aereement if area assessments or homeowners'
"
105 association assessments are contem late&)
106 107 Seller shall provide to Buyer at 8eller's expense at least three (3) business days before closing.-
109 of the ourchese orice unon recordine of Droner dncumenta:
-. I
108 Bssue title insurance in the amount
~~~~ ~ ~ ...................... ..~ 110 showing title to the roperty as of a date no more than 15 days before such title roof is provided to Buyer to be in the condition
111 called for in this oft%, and further subject only to liens which will be paid out orthe proceeds of the closing and standard title 112 insurance exceptions or abstract certificate limitations. as appropriate. Buyer shall notify Seller of any valid objection to title in 113 writing by closlng. Seller shall have a reasonable time, but not exceeding 15 days. to remove the objections, and closing shall be I14 extended as necessarv for this Duroose. ~ ~ ~ ~ ~~ ~ ~~~ ~~~~~ 115 Ifthisofferprovidesforalandcontract,priortoexecutionofthelandcontractSellershallprovidethesameevidenceoftitleas
116 required above and written proof, at or before execution, that the total underlying indebtedness, if any, is not in excess of the
118 geller on the underlying indebtedness. 117 roposed balance of the land contract, and that the payments on this land contract are sufficient to meet all of the obligations of
121 120 broker shall be disbursed as follows:
1. To Buyer, unless Seller notifies Buyer and Broker in writing no later than 15 days after the earlier of the Buyer's written
123 liquidated damages or partial payment for specific performance, 124 125 2. To Seller, subject to amounts payable to broker, provided the above noticeis given and neither party commences a lawsuit
126 In making the disbursement. the broker shall follow procedures in Section RL 18.09(4). Wis. Adm. Code. on this matter within 30 days after receipt of the notice.
127 128
Disbursement of earnest money does not determine the legal rights of the parties in relation to this agreement. Both parties agree to hold the broker harmless from any liability for good faith diabursementofearnest money in accordance 129 with this agreement or present Department of Regulation and Licensing regulations concerning earnest money.
130 Ifthepropertyisdamagedbyfireorelementspriortotimeofclosinginanamountwhichexceedsfivepercentofthesellingprice.
131 thiscontractmaybecancelledatoptionofBuyer.ShouldBuyerelecttocarryoutthisagreementdespitesuchdamage.Buyershall 132 be entitled to the insurance proceeds relating to damage to property.
133 SPECIAL PROVISIONS: 3e.e .Ride.r~, This. .hd. .i$. 2Te.SentlY ,Ofled by the. CtQ. O.f.?!WkegO .and,
135 ........ ........ ...........
136 ...... .......... ....................................
137 ....................... ......... ............................. ...................
138 Seller and Buyer agree to actin good faith and usediligence in completingthe termsofthisagreement.This agreementbinds 139 and inures to the benefrOof the oarties to this agreement and their successors in interest.
119 If the transaction fails to close and the parties fail to agree on the disposition of earnest money, then earnest money @by
122 demand for return of the earnest money or the date set for closing, that Seller elects to consider the earnest money as
134 cune?.tly. .fax. e.x?met... - .......... ........
.......
142 Buyer's Social Security No. .39.5-4&2281 . , Buyer's Social Security No.
143 THIS OFFER IS HEREBY ACCEPTED, THE WARRANTIES AND REPRESENTATIONS MADE 144 HEREIN SURVIVE THE CLOSING OF THIS TRANSACTION. THE UNDERSIGNED HEREBY A
l 146 AS SET FORTH AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS 145 TO SELL AND CONVEY THE ABOVE.MENTIONED PROPERTY ON THE TERMS AND CONDI
I
147 Dated: , 148
149 Offer is rejected (Seller initial.)
. , . .! 0 - !.Y 19. ?3.
City of Muskego
BY:. .
Wayne G. Salentine, Mayor (Seller)
Seller's Social Security No. ....
~ -150 Ojfer i? countered (Seller.i.nitial.) ~. ..... 151 - ?.el?!. K %I.&%& 7 .....
ean K. Marenda, City Clerk (Seller)
152 Security No. .3?.:6?0,:60e ,
Pursuant to Resolution !k33 2 passed'on
I53 This offer was drafted by (Licensee and firm) doh.". !!: !!e?d.~Po#rff~~r;~~c~.~$.~e~ .hSPC:
I54 It was presented to Seller by ......... ..... on .. ,, 19. at . m.
o nc& /0-/3-9a ..
I55 EARNEST MONEY RECEIPT
I56 Broker acknowledges receipt of initinl earncat money as per line 13 of the above offer.
I 157
159
I58
.... .. ..... Broker
(BY . ....
RIDER TO OF'TION TO PURCHASE
The following terms and conditions are made a part of the Option to Purchase attached as if fully
incorporated therein and dated October 9, 1992 by and between the City of Muskego, as Seller, and Jack a J. Sdtoro, as Buyer.
- I. Contingencies:
A. Environmental Audit/Soil Conditions. Promptly after acceptance of this Offer, Seller shall
provide to Buyer all such information as Seller may possess regarding uses of the Property
by Seller and its' predecessors in title, the sources and nature of any land fill or other
materials which at any time have been placed upon the Property, and the results of any soil
boring tests or environmental investigation conducted by or for Seller.
Buyer, at its sole expense, may conduct an on-site environmental/soil condition inspection
and tests on the Property as Buyer deems appropriate, the results of such inspections and
tests to be acceptable to Buyer, at Buyer's sole and absolute discretion. If Buyer notifies
Seller in writing of Buyer's determination that said results are unacceptable to Buyer or of
the existence of environmental violations, hazards, unsuitable soils for Buyer's intended
development or similar conditions on the Property, Buyer at its option by such written notice
may terminate the contract arising from acceptance of this Offer.
B. Governmental Approvals, This offer is contingent upon Buyer, at Buyer's expense, obtaining
necessary written approvals including, but not limited to approval for projected facility from
the State of Wisconsin and the City of Muskego. ,. C. m. Buyer must waive or satisfy, in writing, Contingencies A thru B within forty-five (45)
days from acceptance or this Offer is null and void and all earnest money shall be returned
forthwith.
11. Special Improvements:
A. The purchase price includes the following improvements: Sanitary sewer and 2" water
laterals are at lot line and fully paid and available for use by Buyer. Buyer will connect to
sewer and water at Buyer's expense. Electric and telephone service is available along lot
line. Natural gas is available in adjacent Drive.
I B. If said streets are not permanently surfaced at the time of the completion of this transaction,
said streets when permanently 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.
111. It is agreed between Buyer and Seller:
A. The provisions of paragraphs thirteen (13) and fourteen (14) of the Rules and Regulations
for the Muskego Industrial Park as originally adopted by the City of Muskego Industrial Park
as originally adopted by the City of Muskego by Resolution #145-70 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 provided 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.
a
B. These provisions shall constitute covenants running with the land and shall be binding upon
the successors and assigns of the parties hereto and may be included in the deed which Seller
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.
BUYER: Jack J. Santoro SELLER: CITY OF MUSKEG0
CERTIFIED SURVEY MAP NO - 607 9
ALL THAT PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 17, TOW 5
NORTH, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WlSCONSlN
0 - INDICATES IRON PIPE 1' x 24'. 1.13 LES./LIN.FT. SET
IOENTlFIAELE SECTION LINE - EAST LINE OF THE
S 00059'13' E (WISC. STATE PLANE COORDINATE
SE 1/4 SEC. 17. T5N, R20E.. ASSUMED BEARING
SYSTEM. GRID NORM. SOUM ZONE)
R - RECORDED AS
OWER
CIM OF MUSKEGO
WE2 S8200 RACINE AK.
SECTlON 17. TSN, R20E
S
GRAPHIC SCALE
1' = 100'
UNPLATTED LANDS E 1/4 SEC. 17-5-20 ""- CAST IRON MONU.
/BRASS CAP 7
S8937'55'W (fi S88.19'54 kJ 1213.25'- 588'1954~ A S8937'55'F (R) 00.50'
Y Y I
\
FILE #I546 THIS NSTRUMENT WAS DRAFTED BY FRANK RUEKERT, JR.
..
-
PAGE 1 OF 3