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CCR1994052COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #52-94 RESOLUTION AUTHORIZING TRANSFER OF PROPERTY TO GORDON V. KOTTKE (Industrial Development Revenue Bonds, Series 1974 Kottke-Marcott Project) WHEREAS, the City of Muskego (the "City") issued its Industrial Development Revenue Bonds, Series 1974 (Kottke-Marcott Project) (the "Bonds") in 1975; and WHEREAS, the Bond financing was accomplished under a sale and lease back transaction pursuant to which Gordon V. Kottke and Robert A. Marcott conveyed their interest in the Project land, building and equipment financed by the bonds (the "Project") to the City and leased the property back pursuant to a Lease Agreement (the "Lease") ; and WHEREAS, the Bonds were sold on the basis of the credit of Messrs. Kottke and Marcott and a guarantee from Interstate Tool E, Engineering Corporation, the stock of which was owned by Messrs. Kottke and Marcott and not on the basis of the credit of the City; and WHEREAS, Section 10.3 of the Lease provides that the Lessee will purchase and the City will sell to the Lessee the Project for $10, following full payment of the Bonds; and WHEREAS, the City has been informed that the Bonds have been paid in full and Gordon V. Kottke has now requested that the purchase transaction take place; and WHEREAS, as outlined in a letter from William Lentz, who has Marcott died in 1985, and Mr. Kottke now singly holds the served as the Company's accountant during this period, Mr. leasehold interest and 100% of the stock of Interstate Tool & Engineering Corporation; and WHEREAS, the Finance Committee has recommended authorizing the transfer . 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 Mayor and City Clerk to execute the documents necessary to fulfill the City's obligations to convey the Project financed by the Bonds to Gordon V. Kottke pursuant to Section 10.3 of the Lease. a Resolution #52-94 BE IT FURTHER RESOLVED that all costs involved in this transfer shall be the responsibility of Gordon V. Kottke. DATED THIS 8TH DAY OF MARCH , 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 Resolution #52-94 which was adopted by the Common Council of the City of Muskego. 3/94 jmb