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CCR1993273AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #273-93 APPROVAL OF OFFER TO PURCHASE Muskego Industrial Park - C. I. Banker Wire & Iron Works, Inc. WHEREAS, the City has received an Offer to Purchase from C. I. Banker Wire & Iron Works, Inc. for a 1.85 acre parcel, identified on Exhibit A, in the City's Industrial Park; and WHEREAS, an amendments have been proposed to the contract and the City's acceptance of the Offer is contingent upon the buyer executing the attached amendment prior to the acceptance of the Of fer. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the City's broker and the Finance Committee, does hereby approve the attached Offer to Purchase and attached Amendment to Contract of Sale for a 1.85 acre parcel in the City's Industrial Park for the price of $28,000 per acre subject to a more detailed map being attached to the Offer to identify the parcel. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to sign the necessary documents in the name of the City upon review and approval of the City Attorney. BE IT FURTHER RESOLVED that the City Engineers are hereby directed to prepare the appropriate Certified Survey Map. DATED THIS 14TH DAY OF DECEMBER , 1993. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders This is to certify that this is a true and accurate copy of Resolution #273-93 which was adopted by the Common Council of the City of Muskego. e 12/93 jrnb 12 end on the terms and conditions as follows: 13 Earnest money of$ .3,.99!:PQ ..... in thcforrn of ,C!?!?@!Y.CHECK. ... 14 -, .... ,.&&&em :f .................... to be paid within. .5. .... days of acceptance of this offer* 15 ....................................................................................... and the balance in cash at closing. 16 Failure of Buyer to make earnest money payments ae piovided void8 offer at Seller'a option. Earnest money, If held by broker, 17 shall be held in selling broker's trust sccount xior to acceptance of offer and thereafter In hsting broker's trust account or Until lied to the urchase rlce at closing or diahursed aa rovided herein or permitted by law. ig ~~REISOFT~EESSERCEASTO:~~EA~NESTMONEYPAYMENT,ACCEPTANCE,LEGALPOSSESSION, 20 OCCUPANCY, DATE OF CLOSING AND KAT0 ALLDATES INSERTED IN THIS OFFERWT. ... .:. .............. 21 . ..I., ...................................................................................................................... 22 THE BUYER'S OBLIGATION TO CONCLUDETHISTRANSACTION IS CONDITIONED UPONTHE CONSUMMATION 23 OFTHE FOLLOWING: 24 (If this offer is subject to financing, survey, percolation test, specific zonin or use, approval of recorded building and use 25 restrictions and covenants, or any otller contingency, it must be stated here. I ! none, 60 state.) 26 ..SEE .PLDFR ~ , , ............ ?I .......... ........... .............. .................... ........... 30 .......... 31 32 ...... ......... ...... .................. ................................ ................................. 34 . ............................ .... 35 36 , , ....... 37 38 ..... . , . ,.. .... ........ 40 ...... ........ 41 42 ... ... .... 13 44 43 ................................... 46 .......................................................................................................................... .......... ....................... .......... .... ............. .............. ....... ... ......... .. .................. .... ......... .......... ... ...... ......................... .... .... ............... ... .............. .. 47 Buyer aErees that unless otherwise specified, Iluyer will. in qood faith. pay all costs of securing any financing to the extent 49 48 permltted by law, and will perform all acts nece,ssary to expedite such financing. Included in the urchase price are such of the followin Items as may be on the pro erty on the date of this offer, which will be 50 delivered free and cpoar of encumbrances: all fixtures: anfall garden bulbs , p I ante , B rubs and trees. 51 ADDITIONAL ITEMS INCLUDED IN THE SALE: ... NONE.. .................................. .......... - 52 . ,. ..................... ......................................................................... 54 ITEMS NOT INCLUDED IN THE SALE: ..NONE .................................................... ........ 53 ........ .- .............................................................................. ............................ .................................................................. ................... ~~ ....................... ~ .................................................................... shalLu onpaymentofthepurchaseprice,conveythepropertybywarrantydeed, eypertt recorded ulldln an use r tr'ctiona a d ov nants, genera] taxes levied in the year of closing and r of a P 1 liens and encumbrqnces, excepting: municipal and zonmg ordinances, r-s Regu atlone OP the %ue⪚o YnduetriaP $a& 63 Thisofferisbindinguponbothpartiesonlyifi~copyoftheacceptedofferisdeposited,popta~eor~eesprepeid,intheU.S.moil 64 or a commercial delivery system, addressed to Buyer at .sa? .!!?~,?$'. ENTE~,!!sE. ??, ?!??E!? w1.5?!58r by personal 55 delivery of the accepted offer to Buyer on or before . .UECEM$F$ 18 ,. .i99.?. , , , . , , . , , , , , , , , , . Otherwise, this offer i6 is void and all earnest moneyshall be promptly returned to Buyet. ~~ ~ . ~~~~ r~-r--~l.l i7 This transaction ia to be.closed at the office of Buyer's mortgagee or at the office of .CITY OF. MUSKEGO., , i8 on or before SEE. .!!??E!. .. ............... 19.. .... or at such other time and ploce as may be agreed in writinu. ,. I. 0 9 It is understood the pruparty ie now occupied by .vacant, land,, Legal possession of property shnll be delivarod to Buyer on date of closing. ............... 1 ..,I. 2 ............ ........ ................................ I "+wh+ch ........... ..................................................................... - .. ..................................... 7 Occupancy of .ENTIRE. .PREMISES. , , . .. shnll be uiven to Buyer'Gn .......... CLOSING ...... .............................. ........................................................................................................................... 80 +-)(Map dated 1.2-1.:82. indicates) (none) kae44aW of the property is located in a flood plain (Strike-.e 81 applicable), 82 .-Map dated .1??2 . indicates) (none) -of the property is located in a wetland (Strike B 33 applicable). 84 85 Seller represents that the property i8 zoned ,I?.l Lndascrial P.ark . . Seller warrants and represents to Buyer that Seller has no notice or knuwledge of any: 86 (a)planned or commenced public improv,:menta which moy result in specinl asacssments or otherwise msterially affect thf 87 property. (hlguvcrnrne~~t ayency or court nrder reqtlirinr repair, alterntion. or correction 1,f rtny existinK condition. (c)shoreland or spucial lund use rcgulations affecting the proyerty. (d)under#round storaxe tanks Rnd the presence ofany danaerous or toxic mnterials ur c.onditions effectiw the prr~perty. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 :9) 1 108 109 110 111 112 113 115 114 116 117 118 119 120 121 1 ?Z 123 124 125 126 127 128 129 130 131 132 133 134 13.5 ................ ........ ..... ...... -yitems sh" - ' I' a& ..... i . - .... ." -. .. - ....................................................................................... -s throuKh the clay of closing accrue to Seller. General taxes shall be prorated at the time of closin~ based on the net general taxes for the current yenr, if known, otherwise an the net general taxes foi the preceding year. associa'tion asse8sments are conteni latea.) 1 Seller shall provide to Buyer at 4 cller's cxpense EI least three (3) business days before cloain#, Sdhb-ah ' e4 t,-o isslue title insurance in the amount showing title to t e roperty as of n date no mlore than 16 days hefore such title proof is provided to Buyer to be in the condition called for in this oft%, and further subject only to!iens which will be paid out of the proceedH of the clos1n snd standard tit!e insurance exceptions or abstract certificate Ilrnittltmns, as appropriate. Buyer shall not1f.v Seller ofpny val18objection to title In writing by closing. Seller shall hnve a reasonnble time. but not exceeding 15 days, to remtrve the oh~eutlons, nnd closln~.shnll be extended as necessary for this purpose. Ifthisofferprovidesforalnndcontr~ct,priortoexecutionofthelandcontractS~llershallprovid~t~~~~meevidencrrrftitlens required above 8nd written proof. at ur before execution, that the total underlying indebtedness. If any, IS not in excess of the yposed balance of the land contract. and ths t the payments on this land contracture sufficient to meet all ul'the ohliKatiuns of If the transaction fails to close nnd the pwties fnil to agree on the disposition dearnest money, Lhen earnest money held by hmker shall be disbursed as foll~~ws: 1. To Buyrr. unless Sc1lt.r notitiea Huyet and Broker in writing nu later than I5 clays after thc earlier of the Buyer's written demand for return ofthe urnest mon#!y or the date set For closing, that Seller elects to consider the earnest money as 2. ToSeller,subjecttoamauntspayubletobroker,prov~d~dtheabovenoticeisgiven0ndneitl~erpartycommencesalau~suit liquidated damages or partin1 payment for specific performance. on this matter within 30 days after reccipt of the notice. Dishursement of earnest money does nut c!etermine the le~al rights of the pnrties in relation to this agreement. with this ag'reement ur prcscnt Ilepnrtment of Regulation and Licenslny rogulations concerning carnest money. Bothpartiesayreetoholdthrhrokerharmie~~frumanylinhilityfnrguudfnithrl~s~urscmer~tofesrnest.mon~y~nacco~d~~~C~ ~~~)l~p~,~p~~~y~~d~~~~~:c~l~~y~~ro1~~cl~men~~~;rirlrt~~timc~~frln~in~inon;~m~~untwhi~h~~u~~~~~~la~iv~!~~~!r~:rnt~~l'Li1~~~~~~~~~~~~~~~~:~~~ this contractmeyl,ecanL.el]cr] ,I~~~pli~~n~,1l~uy~~r.Sh~rulrl Ijuyt~clcct tnr~lrryoul this~l~r~~~~ncn(.~lc.s~itcnurh d~illlllL!V. ~~UV~'~~~~~~~~ be entitled to the insurnnrc pr~wds relatinu 1.0 drtmagc lo prrrperty. of the urchnse price upon recording of proper documents; E eller on the underlyinn indebtedness. In makina the disbursement. the broker shall Follow procedures in Section RL 18.09(4). Wis. Adm. Co+ ,par,t, .of ,thi,s 0ffe.K .to, Pur.cha,qe, ,a~, .if..fu.iLy, .Incokporat.ed. ,hhF.ein* .The Land .is ,Presently. SPECIAL PROVISIONS: See. ,Ri,der, ,a,t,fir.qhe.d hereto. .whnse. terms. .and. condiLions are. .made. a o~ed. by the, city sf Muskegs a,nd, .cu.rre.ntl~ t.a~ exempt. .. .. FEIN 142 Ruyel" So 'a1 Securit.), No, 3,?-1,??,?>6.Q ... Ruyer's Social Security No. ... I42 THIS OFFER IS HEREBY ACCEP'rED, THE WARRANTIES AND REPRESENTATIONS MADE 144 HEREIN SURVIVE THE CLOSING 017 THIS TRANSACTION. THE UNDERSIGNED HERE 145 TO SELL AND CONVEY THE ABOVIC.MENTIONED PROPERTY ON THE TERMS AND CONDITIONS 146 AS SET FORTH AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT AGREES City of Muskego 1.19 Offer is rejected (Seller initial.) 19. .. 8Y.i. .......... .......... SeIIer'y Social Security No. . David L DeAnEelis , Mayor (Seller1 150 Offer is countered (Seller initinl.) 1.51 By.:. Jean K. Marenda, City Clerk .. rseiIerr I !I (uy .I . Broker 1 e RIDER TO OFFER TO PURCHASE The following terms and conditions are made a part of the Offer to Purchase attached as if fully incorporated therein and dated December 12,1993 by and between the City of Muskego, as Seller, and C.I. Banker Wire & Iron Works, Inc. and/or Assigns, as Buyer. I. Contingencies: A. B. C. D. E. F. Envlronmental AudiUSoil Condw 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. .. culvert for the property. -!Seller will install culvert at a later date upon notification from Buyer. This agreement survives the closing. CONSTRUCTION TIMIbE Seller acknowledges Buyer's intention to purchase subject property for future growth as Buyer is at present expanding the building on the parcel adjacent to subject property and will not be able to expand without purchasing subject property. Sella agrees Buyer's present construction fulfills Buyer's obligation to begin construction within 12 months of closing. This agreement survives the closing. TIMING Buyer must waive or satisfy, in writing, Contingencies A thru B within sixty (60) days from acceptance or this Offer is null and void and all earnest money shall be returned forthwith. CLOSING Closing shall be within 30 days of waiver or satisfaction of Buyer contingencies but in any event no later than April 15, 1994. Special Improvements: A. The purchase price includes the following improvements: Sanitary sewer 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. 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 tht: property herein described, and the Buyer, his heirs and assigns, shall have no further obligation with respmt hereto. IlI. 0 0 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 extentled 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 his Contract and which are -not being used in connection with Buyer’:; 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. 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 E:uyer 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 wmanty and representation made herein survive the closing of this transaction. 111. Property Description Buyer’s intent is to purchase all the property between the present eastern border of Buyer’s present land and the western border of the property that has a right of first refusal by Delta Group, hc. with the southern lot line adjoining Enterprise Drive and the Northern lot line running even with the present northern lot line of Buyer’s present lot. Buyer will grant an easement for utilities of 10’ on the eastern edge and 15’ on the northern edge of subject .property. SELLER: CITY OF MUSKEG0 By: Date: Countersigned: , Date: .. 1y ( ) The following ilcrn(s) of pcrsonal property arc included in thc sale: ... 20 .. .. ... .. .. .. 21 (m Other: See. Attachment ,to. Amendment. t~. .Contract. .of .Sale. 22 .. 23 24 25 .. 28 Uuycr: Seller: BY: David~ L. De Angelis, Mayor 32 I'A111' II: NOFICL IWLAI'ING 'IO CON'I'RACI' 01' SALE 33 This notice bv (Seller) (Uuvcr) rclalo 10 Ihc ufler doled , 19. , and accepted ~. .. .. ... ............ ....... ........... . 1. , 19. fur tllc yurch;!sc bale or rcd usrille 21 3 ..................... ... .. 36 1. The follow~ng arc no longer conditions IO Ihc conlract (supporlillg document3 Il rcyuircd arc auachcd): 37 ........ ...................... 38 39 40 I- 4 I 2. Nulice is given that: 42 43 4-1 4s 46 4b 48 Uuycr: i ATTACHMENT TO AMENDMENT TO CONTRACT OF SALE C. I. "lanker wire & Iron Works, Inc. 1. The Seller's obligation to conclude this transaction is conditioned upon the Seller and/or others taking all steps necesoar:r to amend the City of Muskego's Land Division Orciinance to allow the lot which is subject to this Offer to I?urchase to be created by this certified survey. If ch:Ls process is not completed to the Seller's so13 satisfaction on or before ten (10) days prior to the c:losing iate, the Seller, at its sole option, may declare said Offer to Purchase null and void and all e.arnest money shall be refunded to the Suyer .