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CCR1993070COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #70-93 APPROVAL OF EXTENSION OF DEADLINE FOR OPTION TO PURCHASE (Delta Group) WHEREAS, the City entered into a "Right of First Refusal Agreement" on April 12, 1990 with the Delta Group in the City's Industrial Park Addition with regard to a parcel of vacant land of approximately two acres; and WHEREAS, the Delta Group has requested an extension of time for the termination of said agreement from one year from its August 1, 1993 termination date; and WHEREAS, the Finance Committee has recommended approval of an amended "Right of First Refusal Agreement" which extends the time of termination to August 1, 1994. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon recommendation of the Finance Committee, does hereby approve the amended "Right of First Refusal Agreement" to be submitted by the City's Broker. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute said Agreement in the name of the City DATED THIS 23RD DAY OF MARCH , 1993. 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 #70-93 which was adopted by the Common Council of the City of Muskego. e 3/93 jmb 2 3 4 5 6 7 8 9 In II I2 13 14 15 16 @ 20 19 21 22 24 23 2? 26 21 28 29 30 31 \\n-43 Arncndmew 10 Contracl nrSalc/Nu!icr Rclatinp 10 Conlr~ct of Salc \Vi<<.,>"<i" I.rpd 1ll:,,,L (5, Ill< Approrcd hy Wiwmrin Drparmenl olRegul3lion and l.iccminp hlilor,lhn~<~. \Vi< 2-1-89 (Oplionnl Ue Daw) 9-1-89 Ihlandrlory llrr Daw) PART I: AMENDMENT TO/- Right of First Refusal Agreement qght of First Refusal Agreement> Bu er and Seller agree to amend the "&e datrd .......... ....... ... April 12 IO ,SO. nnd a- ..................................................................................... acf~)ll~~ws: Lched ................. hereto ......... :: ........ h., ,:- :: ............................ ",,, .................................. ,I, ( ) Purchasc price is changed from $ . .... .... to$. ..... ( ) Occupancy of the property is changcd from ... . to . ( ) Occupancy charge is changed from 9; ..... ) Buyer is aware there are conlemplatcd rpccial asserrmcnts in the the inshllatinn of and agrees to pay for came. .... Fnr ) Seller agrecs IO pay $ installation of "/ yer at closing for contemplatcd special assessments for Ihe itle insurance in accordance with lhc contract. Buyer agrees In ance premium and the sum of the cost of extending any ............ ........... ................ ....... ......... ........... ..... ................ .............. ........ ............ ........................... ...... ............... .............. (x3 Other: Th?. .righf. Of. .cj,T$t. ??.f.ss+l, gF3nCed .f~. B.w.e~ .I$. extended. under ,the. same.. ... .terms. an4 .c?cclit.i.o.% .Imc.i.l. .AugwF. ?... .L994. ...... ............... ...... .. .............. .. NY PRIOR AMENDMENTS REMAIN UNCHANGED. Seller: BY.:. ....... Dale Signed:. . P (?R.l.t. .),. .[.?? 3. ATTACll TlllS AMENDMENT TO THE OFFER TO PURCHASE. PART 11: NOTICE RELATING TO CONTRACT OF SALE Thir nolice by (Seller) (Ruyer) relalcs In Ihc ollcr dnled 34 .. 75 .. . 19. . , and acceplcd , 19. , for the purchase and sale of real eslatc at ..... 36 I, The lollwing arc no longer conditionc In the cnnlracl (supporting documents if required are attached): 37 .. 38 40 39 JI 2. Notice is given Ih3l: 'I? . 43 44 42 46 47 JR Buyer. 49 nhl!el: 50 Dale Signed: $1 ... ... (Note: Only the party giving the nntice nbove must sign.) Seller: . . Seller: Dale Signed: ?Tl,\Cll TIIIS NOTICF TO TllF OFFFR TO PIlRCllASE \ 040590del RIGHT OF FIRST REFUSAL AGREEMENT I RECITALS : 1. Buyer and Seller have entered into an Offer to Purchase (the "Sale Cantract" ) dated January 23, 1990, far the property - (the "Main Parcel") described as four acres of vacant lend at the northwest corner of Enterprise Drive and Mercury Drive with 350 feet of frontage on Enterprise Drive and 350 feet of frontage on Saturn Drive and 500 feel: of frontage on Mercury Drive. 2. Pursuant to the Sale Contract, Seller agreed to grant to Buyer a right of first refusal with regard to the parcel Of vacant land (the "Adjacent Parcel" ) of approximately 2.00 scres (175' x 500') immediate1:r adjacent to the Main Parcel. NOW, THEREFORE, for and in consideration Of the Recitals Bet forth above and One Dollar (Sl.00) and other good and valuable consideration the receipt of which is hereby acknowledged, Seller 2nd Buyer do hereby cove!nant and agree es follows: 1. Except as here,inafter set forth, if at any time prior to August 1, 1993. Seller shall receive an offer from any person to purchase the Adjacent Parcel which Seller intends to accept, Seller shall deliver to 'Buyer a true copy Of the proposed offer, deleting the purchaser's name, and notifying Buyer of Seller's intention to accept the same. Buyer shall have the right, exercisable within thirty (30) days after receipt of such notice and offer, to purchase the Adjacent Parcel on the terms of the said proposed offer in its own name or in the name of a nominee for the purchase price and on the terms specified in said proposed offer. If Buyer shall not elect to purchase the Adjacent Parcel within said period, Buyer may then sell the Adjacent Parcel to the said Purchaser submitting said offer provided the sale is on the same terms and conditions and for the same price set forth in.said proposed offer- 2. Notice of its election to purchase the Adjacent Parcel on the terms of the proposed offer shall be given by Buyer to Seller by personal de1ive.q or by mailing the same to Seller at the City of Muskego City Hall, W182 58200 Racine Avenue, Muskego, Wisconsin 53150 and,, shal.1 be deemed given upon deposit in the United.States mail, postage prepaid, addressed as aforesaid. 3. The right of first refusal granted to Buyer shall terminate on (a) the sale of the Adjacent Parcel to a purchaser under an offer to purchase which was submitted to Buyer as provided above and for which Buyer did not exercise its right of first refusal, (b) the termination of the Sale Contract between Seller and Buyer for the Main Parcel without Buyer having purchased the Main Parcel unless such Sale Contract is amended, extended, or renewed, or (c) August 1, 1993, whichever shall occur first. In additir~n, the aforesaid right of first refusal shall terminate on August 1, 1991 unless within ninety (90) days e prior to said date Buyer notifies Seller that Buyer intends this Right of First Refusal Agreement to continue: and the aforesaid right of first refusal shall terminate on August 1, 1992 unless within ninety (90) days prior to said date Buyer notifies Seller that Buyer intends this Right of First Refusal Agreement to continue. IN WITNESS WHEREOF. the parties hereto have set their hands and seals the day and year first above written. BUYER; SELLER: 1