CCR1994055AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #55-94
RESOLUTION AS TO OFFER TO PURCHASE
MUSKEG0 BUSINESS/INDUSTRIAL PARK
Rummel and Jaeger
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, as
amended, from Larry A. Rummel and H. James Jaeger and/or Assigns
for a 1.3727 acre parcel on Saturn Drive in the City's
Business/Industrial Park (Exhibit A) for a price of $40,000.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City if
approved by the City Attorney.
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 #55-94 which was adopted by the Common Council of the
City of Muskego.
,.& . 3/94 jmb
- WB-13 VACANT LAND OFFERTO PURCHASE
i ........... MUSKEGO , Wisconsin, .......... February. .?. ,184
2. THE ult01(~1t DIV,p-l'lNG THIS OFFER IS 'L'liE AGENT OF (SELLER) m) (Strike as applicable).
SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
IF ACCLPTED, THIS OFFEII CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
5 The undersigned Buyer, LaT?,Y A:, R.Vm!?l. .and H:. J.ame.5, J.?eger and!or Assign? .....
G hereby offers to purchase the property known as (Street Address) .3' -, + .................................. ACRES VACANT LAND MUSKEG0 INDU~sTRI,AL.,Pl
6 more particularly described as: ,O!-?LI.N!&? ON. ,ATTACH!%? ,!@ - E.XH?.BIT .A. T
..... 7. inthe C.it~. of .Muskegp. . County of ............ Waukesha , Wisconsin,
12 and on the terms and conditions as follows:
13 Earnest money of $ 1 ~~~~~o~ . in the form of PERSONAL. c.HEc.K. .
.
1.1 tw~~~y -f $ ................ ;,% th.+k~, of .................... to be paid within 5.. . days of acceptance of this offer +"
15 ..... ......................................
16 Failure of Buyer Lo make earnest money payments as provided voids offer at Seller's option. Earnest money, if held by broke!.
und the balance in cash ai closing.
18 ap lied to the purchase rice at closing or dis ursed as rovided herein or permltted by law. 17 shall be held in selling broker's trust account rior to acceptance of offer and thereafter in llsting broker's trust account or until
20 OCCUPANCY. DATE OF CLOSING AND ASTO ALL DATES INSERTED IN THIS OFFERmr I
............. .. ~~~
E
19 TILE IS OFTHE ESSE~CE AsTo '""'""EA'NESTMONEYPAYMENT. ACCEPTANCE,LEGALPOSSESSION, ......
21 ...........................................................................................................................
23 OF THE FOLLOWING: 22 THE BUYER'S OBLIGATION TO CONCLUDE THISTRANSACTION IS CONDITIONED UPON THE CONSUMMATION
24 (If this offer is subiect to financinr. survey, percolation test. specific zoning or use, approval of recorded building and use 25 restrictions and covenants, or any diher contingency. it must be stated here. If none, SO state.)
26 SEE. .RIDER .AT.TAC,MUJ ,WiETO,, ,THE TEWS. mP, .CO,NDI,TION$. .OF. .WICH. ,AR.E.MADE .A. ,PART. OF TH1.S .
27 OFFER. AS IF FULLY. .~QN..TAI.~JF HERW,. ...
.... ...... .....................................
4T Buyer agrees that unless otherwise specified, Buyer wiii. in good faith. pay all costs of securing any financing to the extent 48 permltted by law. and will perform all acts necessary to expedite such financing.
50 delivered free and c ear of encumbrances: all fixtures; anfall garden bulbs, plants, shrubs and trees.
qu
49 Includedinthe urchasepricearesuchofthefollowin itemsasmaybeonthepropertyonthedateofthisoffer,whichwillbe P
51 ADDITIONAL ITEMS INCLUDED IN THE SALE: MINE. ...........................................
52 ............ ................... .... ............................ 1 53 - - .. .. .. ................................................ .........
54 ITEMS NOT INCLUDED IN THE SALE: NONE I.. ........................................................ -
" 33 ............ ............. ,.... ............ ...........
....................................................................................................................... Sel.ler shall, upon payment of the purchase price, convey the property by warranty deed,
jg freeandclearofallliensandencumbrances,excepting:municipalandzoningordinances.r~s
an8 Regutations oP t$e ausfcego YndustsiaP jar% the roper1 recorded ull In nn use r tr'ctions a d ov nants, general taxes levied in the year of closlng and
62 resrricLions and covenants can have material impact an the use of or im rovements to the property.) 61 andSellershullcompleteandexecutetl~edocumentsnecessarytorecord~heconveyance.(WARNING:Recordedbuil~nganduse
63 Thisoff~risbindinguponbothpartiesonlyifacopyoftheacceptedoPferisdeposited,postageorfeesprepaid,intlleU.S.mail
60 as. .adapte.d. hy .the. .City .sf. Fluskego. .... , provided none of the foregoing prohibit resent use,
65 delivery of the accepted offer to Buyer on or before fihmh!. .ih, I:@$! . Otherwise. this offer
61 or a commerc~al delivery system, addressed to Buyer at ..10469...~I,.Gra.ntO.S~, Dr?. !ilwa.ukeel 53222 or by personal
66 is void and all earnest money shall be promptly returned to Buyer.
67 This transaction is to be closed at the office of Buyer's mortgugee or at the office of' .CITY MUSKEG0 . ,
68 on or before .SEE K1QE.R
69
70
Legal possession of property shnll be delivered to Ruyer on date of closing.
It is understood the property is now occupied by VAc.WT. .LN'!L).
19. ,,or nt such other time and plnce as may be agreed in writing.
-,L. ....................................................... -
" -. ...
75 5
78 3 .
prdrruhch
76 v I
77
79
.............. .............................
............................................................................................................... ,. ..
m e.
.BO . -)(Map dated !.?:1.-8?. indicates) (none) of the property is located in a flood plain (Strike a:
-81 applicable).
33 applicable).
) (M~~ dated !.,~..!,:62, i indicates) (non- of the property is located in a wetland (Strike as
84 Seller represents that the property is zr~ned .Izl Xndwstxial P.ark
82
Seller warrants nnd represents to I3uycr thnt Ssller hau nu notice or knowlcdc:c 11fi&ny: (a)planned or commenced public improvementy which may resullin special assessments or otherwise mnterinlly affect the
89 (blgovernment agency or court order requiring repair, alteration, or correction of any existing condition.
90 (d)underground storage tanks and the presence of any dangerous or toxic materials or conditions affecting the property.
(dshoreland or special land use regulations affecting the property.
92 Re,?e?."e, .C?-F!??.FtY. .l\,?'?es??en!, .f?r ?,?nit+rY, s'eweT. .'?e?.Y$C?, ,an$ .a, ,!fa.CeF, .CBW!C.j,FY. .AP39$.9W.Qt.
93 .exist. ,?g.?iFF, ,!!'is, ?r?PertY,*, ,These, A??.es?,i?e!!ts. ,Will. be. .BVY.BF.'.$. .Qbi.ig&CiP.Q. C.Q P.*Y.
94 when, .due:, . ,BPY~T. .is. res~.o~?,j;ble f?r. .~~~,~.~~~.~,~.~~OQP,~.OP,.~~..FP.~~..FP..~~.~~~.~~..~.A~~Y.BW~Y...
93 culvert. .fG the, .PrP.PeT.tY... ............. ........ ....... ......
96
97 - I, .........................................................................................
99
98 Any income, tnxes, or expenses through the day of closing accrue to Seller. General taxes shnll be prurnted at the time oiclosing based on the net general taxes for the current yeor. if known. otherwise
property.
91 EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES ROTO 90: EF.S'?P.c !&.t. 3.
..
~ ..
100 on the net general tnxes for the preceding year.
IO2
103 104 other special nssessments shall be paid by Ruyer. (Caution: Consider a special agreement if area assessments or homeowners ~~~~men~s,ilany,rurwurkon~e~orleviedpriortodatL:of~hisoffershallbepaidbySelle~.Al~
I05 association assessments are contem lated.)
107
106 Seller shall provide to Buyer at &ller's expense at least three (3) business days before closing, EktkA&&e-&
109
I10 showing title to t e property as of a date no more than IS days before such title proof is provided to Buyer to be in the condition
112 insurance exceptiuns ur abstract certificate limitations, as sppropriete. Buyer shall notify Seller of any valid objection to tltle in I1 1 called for in this offer, and further subject only to liens which will be paid aut of the proceeds of the closing and standard trtle
I13 writing by closing. Seller shall have a reasonable time, but not exceeding 15 days, to remove the objections, and closing shnll be
114 extended as necessary for this purpose.
I16 required above and written proof, at or before execution, that the total underlying indebtedness, if my, is not in excess of the
roposed balance of the lnnd cmtrnct, llnd that the payments on this land contract ore sufficient to meet all of the obhgations of elley on the underlying indebtedness. I!' the transaction fails to chsc rind the parties fnil to agree on thedisposition dearnest money, then earnest money held by
101 3. . I.Y. ......................
108 Bo issue title insurance in the amount
of the urchose price upon recording of proper documents; R
115 Ifthisofferprovidesforalandcontract,priortoexecutionofthelandcontr~ctSellershallprovidet~esameevidenceoftitleas
1'20 broker shall be disbursed ns fdlows:
121 1, TO Buyer, unless Seller notifies Buyer nnd Rroker in writing no later than I5 days after the earlier of the Buyer's written
12 demand for return uf the ear~lest money or the date set for closing, that Seller elects to consider the earnest money as
123
1'11 liquidated damages or partial pnyment for specific performance.
'2. T~~~llcr,s~~hj~cltoamou~~tspa~abletobrnker,provid~dtheabovenoticeisgivenandneitherpartycommencesalawsuit 125
126 In Inlakina the disbursement, the broker shall follow procedures in Section RL 18.09(4). Wis. Adm. Code. on this maltcr within 30 days after receipt ofthe notice,
I28 129 with this acreenlent or present Ikpartment of Kegulation and Licenalng regulations concerning earnest money. Huh parties agree tc~ hold the hroker harmless from any linhilitg f?rgood faith disbursement ofearnestmoney in nccordance
110 Iftl~epropert~isdama~e~ll~yfire~~rclementspriortotime~r~cl~~sin~inannn~uuntwhichexcredsfiveprrcent~~ltheseIIinr!price.
1'31 ~h1scuntr~~lctmaybecanccllerlat~~ptionofRuyer.Shouldt3uyerelecttocnrryoutthisngreen~entdespitesuchdnmn~e.Huycrsh~ll 132 be entitled to the insurancc proceeds relating to dnmnEe to property.
I27 Dishursement of earnest mnney does not determine the legal rights of the parties in relation to this agreement.
139 SPECIAL PROVISIONS: .see. ,Rider .a.t.fa.Cbe.d, heF.e.fp. .vhnse. ,terns. .and. rondiLlons are. .made. a
134 .Par,!. Of .this off?.? .to ?uT.Sha,se, .as, .If. ,f!.UY. .tncPr.uPmt.ed. ber,ein., .The, land ,is .presently.
135 oW.?eed by: the, 5it.y sf Muskego and. .cur,yeg~~y. tax. exempt. . ,_ ... ...
I ;IIj .. .... ...... ... ' 137
..
140
1-11 .....
(Buyer) (Buyer)
142 Buyer's Social Security No. -.. ,-. -._ 395 46-1418 . ... .... Buyer's Social Security No. .19.1.~fi.9~5.!53.
1-13 THIS OFFER IS HEREBY ACCEPTED, TkiE WARRANTIES ANI) REPRESENTATIONS MADE HEREIN SURVIVE THE CLOSING 01: THIS TRANSACTION. THE UNDERSIGNED HEREBY AGREES
AS SET FORTH ANI) ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT @ To SELL AND CONVEY THE ABOWMENTIONED PROPERTY ON THE TERMS AND CONDITIONS
City of Muskeno -
,19. . BY.:. ....
DAVID L. DeANGELIS , Mayor (Seiier)
.. Seller's Social Security NII. ........
I50 Offer is countered (Seller initial.)
1Si Ey.:. Jean K. Marenda, City Clerk (Shier, ..
IS? JOHN H. HENDERSON Seller's Social Sccurity No. Pursuant to Resolution '/i passed' 'by MOONEY LESAGE & ASSOC.LTD.
1.53 This offer WLIS drafted by (Licensee and firm) , the Muskego .... Common Council on
..... I 154 I[ was presented to Seller by on . 19. Ilt m .
EARNEST MONEY RECEIPT
Broker acknowledges receipt of initial earnest money as per line 13 of the nbuve uII'cr
157
158
I59
I !I
(BY .
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 February 2, 1994 by and between the City of Muskego, as Seller, and Lany A.
Rummel and H. James Jaeger and/or Assigns, as Buyer.
I. Contingencies:
A. Environmental AudiUSoil Condlt Ions. 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 environmentahoil 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. SURVEY Seller, at Seller’s expense, to provide Certified Survey Map showing subject property
..
as a separate parcel and indicating all easements.
C. CULVERT Buyer is responsible for up to the first $1,000.00 of cost to install a 30’ driveway
culvert, ifnecessary for access to the property. This agreement survives the closing.
D. APPROVAL OF OPERATIONS 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.
E. FINANCING This Offer is subject to Buyer receiving a written commitment horn 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 term of not less than 5 years with payments amortized over 15 years.
F. UTILITY 1.OCATION This Offer is subject to Buyer’s confmnation that all utilities, including
but not limited to electric, gas, water, sanitary sewer, and telephone are available for use with
subject property with extensions and laterals at a normal expense for similar projects.
e G. REMOVAL OF DIRT 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 subject property Buyer will notify Seller, in writing, and Seller will
remove said dirt pile at Seller’s expense.
H. TIMING Buyer must waive or satisfy, in writing, Contingencies A within sixty (60) days and
Contingencies B, D, E, F and G within 90 days fiom acceptance or this Offer is null and void and
all earnest money shall be returned forthwith.
I. UOSING Closing shall be no later than May 31,1994.
P
I 1Iy 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. W
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 skeets 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 Mer
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. 0
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: , SELLER: CITY OF MUSKEG0
By:
Date: Date:
~~ -. hwuq %k*W”Lr(. fl By:
LARRY A. RUMMEL
By: Countersigned:
0 By:
Date: 2-JL-94 Date:
.
CERTIFIED SURVEY MAP NO - _________
BEING A PART OF THE NE 1/4 OF lHE SE 1/4 SECTION 17, TOWN 5 N0RTl.I.
RANGE 20 EAST. CITY OF MUSKEGO, WAUKESliA COUNTY, MSCONSIN
OWER:
CITY OF MUSKEGO
w182 SBZOO RACINE AWL
MUSKEGO. WI.
lOENllFlh6LE SECTION LINE - EAST LINE OF THE
SE 1/4 SEC. 17. T5N. RZOE.. ASSUMED BEARING
S 00'59'13" E (WSC STAE PLANE COOROINATE
SYSlEM, GRID NORIII. SOUTll ZONE)