CCR1994032c2&%7&
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #32-94
RESOLUTION AS TO OFFER TO PURCHASE a-k-9
MUSKEGO BUSINESS/INDUSTRIAL PARK
Larry A. Rummel and H. James Jaeger and/or Assigns
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
from Larry A. Rummel and H. James Jaeger and/or Assigns for a
Business/Industrial Park (Exhibit A) for a price of $40,000.
1.3727 acre parcel on Saturn Drive in the City's
BE IT FURTHER RESOLVED that the Mayor and clerk are authorized to
by the City Attorney.
sign the necessary documents in the name of the City if approved
DATED THIS DAY OF , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #32-94 which was adopted by the Common Council of the
City Clerk
2/94 jmb
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WB-13 VACANTLAND OFFERTO PURCHASE
MUSKEG0 , , , ........... .... ,Wisconsin, ............. February, .2, ~ ....... .... ,199
THE BROKER DRAFTING THIS OFFIZR IS THE AGENT OF (SELLER) E+E+BR) (Strike as applicable).
IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PART11
SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNIN4
The undersigned Buyer, harrx A, Ru.?!?el. .?!?4,.~:. J.?!?.? J.aeg.?r, and/or Assigns ..........
hereby offers to purchase the property known as (Street Address) 1.37 t. .A!%Es .V&!'?!T. !&?D:?!!%%O. Im".?&I&.
in the .city.. ........ of . .M".?k?.g?, .................... , County of .............................. Waukesha , Wisconsi)
more particularly described as: .'?UTLT!E!! .ON .ATTACHE!? .MA?, .:, EXHrsI.? .A, .T .... .................................................................. ....... ~-.~."-..-.-.."""I."""_.. ......................................... -
at the price of . .Forty. Th.ous.and ............................. Dollars ($.49~'?0!?..9p.. ..
and on the terms an~cQn&iuaas follows:
Earnest money of S . 1 ~ooo*~o ..... in the form of !'.!%?&, !?!EcK,, ..... .P
........................................................................................ and the balance in conh ut closing
shall be held In selling broker'e trust account rior to acceptance of offer and thereafter in listing broker's trust account or untl. Failure of Buyer to,rnake earnest money payments as provided voids offer at Seller's option. Earnest money, if held by broke!
~~~ElSOFT~EESSE~CEASTO:.LF""'~E~~NES~MONEYPAYMENT.ACCEPTANCE,LEGALPOSSESSION,
AND No/lOO--"---"-----
., - ................. *. khdorm .................... to be paid within.. 5.. ... days of acceptance of this offer tn
lied to the urchase rice at closin or disgursed an rovided herein or permitted by law.
OCCUPANCY, DATE OF CLOSING AND AS TO ALL DATES INSERTED IN THIS OFFER Wnr 1. ..................
THEBUYER,.S oBLiGAT~.o.N.TocoNcLuDETHis,TRANsAcTIoN~scoNDITio~EDupoNTH,E.coNsuMMATI.o.~
OFTHE FOLLOWING: (If this offer is subject to financing, survey, percolation test, specific zonin or use. approval of recorded building and use restrictions and covenants, or any other contingency, it muat be stated here. I! none, so state.)
SEE. .PIAER ,4TT4CHED, .BE;WXQ,. .WFt.T,:cUpM$. ASJP. .CPNDLTIQNS. .OF. .WICK .+$RE; ,WE .e. .?ART. .QF. .WT.S.. .....
ir. OFFER AS IF FULLY CONTAINED HERE:tN. ....................................................................................................... ..... .. .. ............................................. ....... ................................................ /:
.. .. ................................................................. ....................................................................... ....................................................................... .. ...................................... .... ............. ................................................................................................. .. ~
Buyer agrees that unless otherwise specified, Buyer will. in good faith, pny,all costs of securing any financing to the extent permitted by law, and will perform all acta neesssnry to expeditesuch financmg. Includedinthe urchasepricearesuchofttlefollowin ltemsaemaybeonthepro ertyonthedateofthisoffer,whichwillbe delivered free and c B ear of encumbrances: all fi:rtrlres; an f all garden bulbs, plants, sRrubs and trees.
ADDITIONAL ITEMS INCLUDED IN THE S .. .... ............
.............. ~~.. ...... .~~... ..........................................................................
ITEMS NOT INCLUDED IN THE SALE: NONE,. .................................................. - ............................................................
............................................................................................................................ SeI.lershall,u onpaymentofthepurchaseprice,conveythepropertybywarrantydeed, free and clear of ai; liensand encumbrances, excepting: municipal and zonlngordinancea, r-.
t in the ropertv. recorded u11 In an use r tr ctlons a d ov nants, general taxes levied in the yew of closlng and
and Selier shall complete and execute tliedocumentsnecessary torecord theconveyance. (WARNING%ecorded buil&gand use
provided none of the fore oing prohibit resent use,
restrictions and covenants can have material impact on the use OP or im rovernenb to the property.) This offer is binding upon both parties onlyil'a copy of the accepted o~~riadeposited,poatalle orfeesprepaid. in the US. mail
or a commercial delivery system, addreused to Buyer at~.lOR69.-~,Gr~?t0~a. Dr... ~!ilwaukee' 532?2 or by personal
delivery of the accepted offer to Buyer on or bel'ore . February 28 1994 ...................... Otherwise. this offer
%leg an8 Regulations OP t?ie %usfce'go %dustrid jar\
as. ad0.ptad.b.r. .the. .City .of. Muakego. ...... ...........
is void and all earnest moneyihnll be prompt1.y returned to Buyer.
This transaction is to be closed at the oftic,, of Buyer's mortgagee or at the office of .c!TY, OF. %?!!EGo., ............
Legal possession of property shall be delivered to Buyer on date of closing.
It is understood the property is now occupied by . Y4CAW. .JAW.. ............................
on or before .SEE ,RIom.. ................... 19.. ..... or at such other time and place as may be agreed in writing.
71 __I._.._I_.m ...................................................................
I2 ............
13 Occupancy of .ENTIRE. PREMISES.. ......... shall be given to Buyer on .. chQs.%v!? ..............
74
76 c .+
77
- .. ,
.........................................................................
* .+ ........... ps.
75 "
78 " ., I9 "
............ .............................
....................................................................................................................... .. I.
-)(Map dated ~..~.'!zbi~. .. indicates) (none?+w+(& of the property is located in a wetland (Strike . applicable).
Seller represents that the property is zoned .I:i. Xnd.ustrial.P.ark . . , , , . . , , , . , , ...
Seller warrants and represents to l3uycr that Seller has no notice or knuwledgc. u(.uny: !alplamed or commenced public improvements which may result in special assewments or otherwise materinlly affect rt
(b)government agency or court order requiring repair, alteration, or correction of any existing condition. (c) shoreland or specml land use regulatlona affecting the property, (dlunderground storage tanks and the presence of any dangerous or toxic materials or conditions affecting the property.
R~.~KY+. .CiS~ac.%f~. .AF.FKFF~. .fo,~. S~WB,TY,S~W~~, .se~?ric.e. +wi, .B. ,!fe$,e$, .Ca~sc.ity. .As.wmpl.e,.nt. ,
EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES 80 TO 90: EXS9P.t. C.b@.t .B. .
property.
d?.e?, .exist. .a8.*+??!. .!his, %?2eF.!Y... .. Thess.AQS.eEf3,m?RtP, ,l??.~&l, he, BUy.e$.',$, .4$J.i$&f$P.r). LO, p.8)'. ..
wh,en. .due: . .BuX!e?. .iS ~??!P.V!.&b&.e. f.QT. .tiX .f,W.t, $.! ,!?QQ...QQ. ,~f, .c~.et, ,tp. .~PR~@LL. n.dc$~.ewsy ...
.. ........................................................................................ -rough the day of closing accrue to Seller.
011 the net general taxes for the preceding yctar. General taxes shall be prorated at the tirne of closing based on the net general taxes for the current year, if known, othcrwis
~~~ments,if.any.~~rworko;;(ll~c~dorlevicdpri~~rtodatrofthisoffeishnllbepaidbyS~ller.AI * ......................
other special assessments shall be paid b Fluyer. (Caution: Consider a special agreement if area assessments or homeowners association assessments are contem lad.).
-1-oissue title insurance in the amounl
showing t!tle to t R e property as of a date no more than 16 dnys before such title roofis provided to Buyer to be in the canditjon called for In this offer, and furthcr wbject only to liens which will be peid out ofthe proceeds of the closin and standard title insurance exceptions ur ubstrnct certificate limitations, as appropriate. Buyer shall notify Seller of any valitf objection to tttle tn writlng by closing. Seller shall have B reasonable time, but not exceedinp I5 dnys, to remove the objections.and closingshnll be
extended as necessary for this purpose.
requlred above and written proof, nt or before execution, that the total underlying indebtedness, if any, i8 not in excess of the l,fthisofferprovidesforalnndcontract,priorbexecutionofthelandcontractSellershallprovidet~ssnmeevidenceofbitle~s
ppnsed bnl~nce ofthe lnnd cmtrncl. ltnd that the pnyments on this land contract nre sufficient to meet all of the obligations of
broker shall be disbursed ne fr~lluws: If the transaction fails to CIIJSC kind the prvties fail to agree on Ihe disposition rJf'earnent money, then earnest money held by
1 To Buyer. unless Seller notifies Buyer snd Broker in writing no later than 15 days ufter theearlier ofthe Buyer's written demand for return of the curnesl money or the date set for closing, that Seller elects to consider the earnest money as liquidated damages or partial payment for specific performance. 2. TO Seller. suhjrct to amountspayable to broker. provided theabovenoticeisgiven and neitherpartycommences a lawsuit
In making the disbursement. the broker shall follow procedures in Section RL 18.09(4), Wis. Adm. Code. on this matter within 30 days ufter receipt of the notice,
nishursement of earnest money does not ,letermine the legal rights of the parties in relation to this agreement.
with this agreepent or present Ikpartment ol'Regulation and Licenalny regulations concerning curnest money. Huth parties agree to hold the hroker harmlesafrom any linhility for good faith disbursement ofearnest money in accordance
lftl~epropert~~sdamu~edbyfircorelem~nts~~rir~rtutime~~fcl~~sin~i~~annn~ountwhichuxce~d~fivepercentofthcselli~~~pric~.
~hi~co~tr~~ctmaybecancelledar~~ptionofBu~er.ShouldBuyerelecttocarryoutthisngreen~entdespitesuuhdnmnge.Huyersh~ll
be entitled to the insurance praceeds relatinu to damnKe to property.
SPECIAL PROVISIONS: se.? .kidex ,@LtP.cbe,d, hecntg. .whnee. .tRrm& .and. conditions. are..made. a .
Seller shall provide to Buyer at 8 eller's expense at least three (3) businesa days before closing, 3eNe&e%es0k
nf the urchase price upon recording of proper documents;
eller on the underlyinu indebtedness.
.Pa?,!. of. .!hi! offer. ,to. Pur.Shsse, .w. .$f. .fl?lLy. .CncPrpokat.ed. herein,, ,.The, land .la .presently.
ovned by the. City of Muskegs a.nP..~u.rr~~~l~.f.r)g. exempt. ....................... .. .. ............ ......................... ..
137 ..... ....... .................................................... .....
139 and inures to the benefit of the parties to this agreement nnd their succest!ors in interest. I 13R SellerandEuyeragreetonctinyoodfaith,sndusediligenceincompletingtheterms~~fthisnyreement.Thisa~recmentbin'ds
..~...
1-10
141 Larry A. Rummel
........ ...........................
(Buyer) H. James Jaeger (Ruyert
Buyer's Social Security No. _.._ - -.Z ... --, ........... Buyer's Social Security No. .39,\7$,Q7>.?53. ... 395 46 1418
I 149 Offer is rejected (Seller initial.] ,
19. 8Y.Z. . .....
DAVID L. DeANGELIS , Mayor (Seller)
Seller's Sociul Security No.
I50 Offer is countered (Seller initial.) .....
I .5 I
152
...... ,. By:. Jean K. Ma'renda, City Clerk (Seller)
MOONEY LESAGE ti ASSOC.LTD. Pursuant to Resolution"n
JOHN H. HENIIERSON Seller's Sociul Sccurity No. 'passed by
6 This offer \vas drafted by (Licensac nnd firm) . . , , . , , ..................... the Muakego Common Council on
It as presentcd trr Seller hy , . ................. on ............ 19. ut. . m.
-...
155
I56 Broker aclcnowledjics receipt rrf initial earnest money as per line 13 of the above otfcr.
EARNESTMONEY RECEIPT
I 1.5;
I59
158 1 !J
(BY
6
RIDER TO OFFER TO PURCHASE
The following terms and conditions are made a part of the Offer to Purchase attached as if Illy
incorporated therein and dated February 2, 1994 by and between the City of Muskego, as Seller, and Larry A,
Rummel and H. James Jaeger and/or Assigns, as Buyer.
I. Contingencies:
A.
B.
C.
D.
E.
F.
G.
H.
1.
tal AuditlSQil- Promptly after acceptance of this Offer, Selier 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 environmenWsoi1 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 Ihis Offer.
SUREy Seller, at Seller'!; expense, to provide Certified Survey Map showing subject property
as a separate parcel and indicating all easements.
CULVEU Buyer is respansible for up to the first $1,000.00 of cost to install a 30' driveway
culvert, if necessary for acccss to the property. This agreement survives the closing.
HPROVAL OF OP-U This Offer is subject to approval by the City of Muskego of
the proposed use as headquarters for Buyer's trucking company including, subject to meeting all
municipal codes and zoning requirements, parking and repair of trucks and trailers on subject
property.
This Offer is subject to Buyer receiving a written commitment from a financing
institution for 75% of the projected cost of anticipated improvements at an annual interest rate
not to exceed 8 3/4% for a tcrm of not less than 5 years with payments amortized over 15 years.
UTILITY LOC- This Offer is subject to Buyer's confiiation that all utilities, including
but not limited to electric, gas, water, sanitary sewer, and telephone me available for use with
subject property with exten:;ions and laterals at a normal expense for similar projects.
BFMOVAL OF DIU This Offer is subject to Buyer's confirmation within 30 days of
acceptance, that dirt piled on or near the west border of subject property is, in fact, on subject
property. If dirt pile is on wbject property Buyer will notify Seller, in writing, and Seller will
remove said dirt pile at Seller's expense.
TIMING Buyer must weive or satisfy, in writing, Contingencies A within sixty (GO) days and
Contingencies B, D, E, F and G within 90 days kom acceptance or this Offer is null and void and
all earnest money shall be returned forthwith.
CLOSING Closing shall be no later than May 3 1, 1994.
II. Special Improvements:
A. The purchase price includes the following improvements: Sanitary sewer are at lot lie 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. W CERC 7
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 mer
obligation with respect hereto.
ILl. It is agreed between Buyer and Selle.r:
A. The provisions of pangraphs 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 ifhlly 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.
B. These provisions shall constitute covenants running with the land and shall be binding upon the
successors and assigns of tlle 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 Rides and Regulations of the Muskego Industrial Park and that he has
read and fully understands same.
C. The warranty and representahon made herein survive the closing of this transaction.
BUYER SELLER CITY OF MUSKEG0
By: By:
LARRY A. RUMMEL
-
oDate: Date:
By: Countersigned:
H. JAMES JAEGER
Date: Date:
JAN-12-94 WED 16:25 RIJEKERT I MIELKE INC. . . ,.
!
P - 84
CERTIFIED SURVEY MAP NO - ____ __ ____
BEING A PART OF THE NE 114 OF nx SE 114 SECTION 17, TOWN 5 NORTH.
RANGE 20 EAST. CITY OF MUSKEGO, WAUKESllA COUNTY. MSCONSIN
IDENllFlMLE SECllON LINE - EAST LINE OF niE
SE I/$ SEC. 17. TSN. R26E.. ASSUME0 BEARING S 00'59'13" E WSC STAE PLANE COORDINAK SYSIEM. GRID N 6 AllL SOUTll ZONE)
PREPARED et
RUEKERT & MIELKE. INC.
W239 NIB12 ROCKWOOD DR.
WAUKLSHA. IH. 53188
N
E 1/0 COR SEC.
E CAS1 IRON MONU.
17-5-20
W/eRASS CAP N 328.737.24 E 2.495.971.74 4 0'- INDICATES IRON PIPE 1' I 24'. l.13 LBS./LIN.FT. SET
0 - INOICATES IRON PIPE FOUND
R - RECOROEO AS S .,.