CCR1994242COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #242-94
Resolution as to Secondary Offer to Purchase
(Schrader)
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 Secondary Offer to
Purchase for a two-acre parcel in the City‘s Industrial Park
for a price of $51,000 to be accepted on or before November 10,
1994.
BE IT FURTHER RESOLVED that this Secondary Offer is subject to
the cancellation and release of a prior offer within 130 days of
the acceptance of this offer as stated on the Rider to Offer to
Purchase.
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 NOVEMBER , 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 #242-94 which was adopted by the Common Council of the
City of Muskego.
11/94jmb
0- THE BROKER DRAFTING THIS OFFER 1;s THE AGENT OF (SELLER) (Strike as applicable).
3 IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE COXTRACT. BOTH PARTIES
4 SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
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.t? Buyer acreea that unless otherwise specified, Buser will, in good kith. p;+y,all cod6 of sccurinp any financing to the extent
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48 permitted by law, and will perform all acte necessary to expedite such hnanc~ng.
I~~:I~~dr~l~tth~p~~rchos~~~riren~r:r~~rl~nltl~uh~llnwi~~~ite~~lsas~n~,~h~~~n~ht.~ro~rrt~onthedote~~ithisoffer,which~~iI~be
30 deiivered free and clear of encumbrances: all fixtures: and all gden bulbs, plants. s b' rubs .. and trees.
51 ADDITIONAL ITEMS INCLUDED IN THE giA[,L; . ,.None ..................................... -,.,,..
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53 ~" " "~I______- . I .,.,. ,.,.. I ...............................
ITEMS NOT INCLUDED INTHE SALE: .>iane.. .................................... :. ......... ............ ............ .......... .............
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.................................................................. P .. ... ... .. .............. .. 57 Seilershaii,upnnpaymentof~hepur~hn~eprice,conve~thepropertyby~,arrantydeed,~
58 free and clear ofall liens andencumbrances. excepting: municipal and zoning ordinances, recorded eaFen1ents for publicutilities
jg %!U?ieg an$ Regdations ok tie %us$ego %dustria? r in tho ropert recorded ull in an use r t 'ctions a d QV nants, general taxes levred In the year of closmg and
61 andSeller shallcompleteandexecute thedocurr.entu necessary torecord the conveyance. (WARNING ecorded bullding and use , provided none of the fore bins prohlblt present use,
63 This offer is binding upon both parties only if a copy of the acceptedofrer is deposited, postage or fees prepaid, in :he US. mail 62 restrictions and covenants can have material impact on the use of or improvements to the property.)
60 as. ado,ptEd. hy .the. .City .of, MwkbgP., , .... 'k
w184 s8365 Challenger 64 or a commercial delivery system, addressed to Buyer at . Nuskego,. .WL .53,150 .............. or by personal
65 delivery of the accepted offer to Buyer on or before , . .X;ovembex, 1.0,, ,199.4, . ......... Otherwise. this offer
G6 is void and all earnest moneybhali he promptly returned to Buyer.
67 This tranuaction ie to be closed nt the offm of Buyer's mortgaEee or at the office of c.4tY ,?f. .?f!-!skego.. ....
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68 on 07 before .See. .Pi.deF.
Legal possession of property shnll bc delivered to Buyer 011 date of closing.
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73 Occupancy of .eoiire .premises
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..... 19.. .. nr at such ot,her time and place 89 may be agreed ifi writing.
70 It is underetood the property is now occurried by . .Y.acant. .LiV!d., , , .......... _.
............................... -~ , I. ............... shall he given to Buver on .CI.OPiW.,
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(-)(Map dited !..:.:!,:h?, indicates) W (part) H) of the property is located in a wetland (Strike 8:
Seller represents that the property is zoned .I:.! hdustxial P.ark. , . ...
Seller %arrant6 and represents to Buyer that Seller has no notice or knowledge of any: (a)planned or commenced public improvements which may result in special assessments or otherwise materially affect tht
(b)government agency or court order requirinR repair, alteration, or correction of any existing condition.
(d)underground storage tanks and the pwence of any dangerous or toxic materials or conditions affecting the Droperty. (c)shoreland or special land use regulat~ons affecting the pro>erty.
EXCEPTIONS TO WARRANTIES AN0 REPRESENTATIONS STATED IN LINES 80 TO 90: EF.G!?P,C that ,B.
Reserve ......................................................................................... Capacity Assessment for Sanitary Sewer Service and a Water Ca~ac,lty,,A~,~e$.~~~~~.
does. .exist. .ageinst. .this. PTpPerfY.. These, As3eSsmentS. ,wil;l. be. .Buyer.',s, ,~bL,~g~,~~P.~, f.9 P.$Y. wh.en..due! BUY+^ ,is. ,~s~onsib!.e, !.or. .the fir5.t ... 00. .of. .cP.?F. .t~.in,st~.~..rl d.riv~ay
cuivert. .f?r. the. .prwerty... ...... ., .
applicable).
property.
Any income, taxes, or expenses through the day ufclosing accrue to Seller.
on the net general taxes for the preceding year. General taxes shall be prorated at the tiroe of closing based on the net general taxes for the current year. if known. otherwiw
CAUTION: Ifproperty has not been fully assessed for tax purposes. orreassessment is completed or pending, tax proration shnl
be on the basis of %. . , ..... estimated annual tax.
otherspecial assessments shall be paid by Buyer. (Caution: Consider a special agreement if area assessments or homeowners Specialassessments. ifany. for work on :~iteactually commenced or leviedprior to date of this offeishall be paid by Seller. AI
assoclatlon assessmente are contern lated.) Seller shall provide to Buyer at geller's I!xpense at least three (3) business days before closing,
"0 issue titleinsurance in tl1carrlounl
certlf~cate I~mitations, as approprinte. Buyer shall notify Seller ofany valif objection to t~tleir
a dare no more than I5 days before such title proofis provided to Buyer to be in the conditior price upon recording of proper documents;
further subject only to liens which will be paid out of the proceeds of the closin and standard titlt
extended as necessar for this purpose. writing by closing. Seller shall have a reasormble time, but not exceeding 15 days, to remove the objections, and closing shall b~
Ifthisofferprovi i eaforalandcontract,~~riortoexecutionofthelandcontractSellershallprovidet~ssameevidenceoftitlear required above and written proof, at or before execution, that the total underlying indebtedness, if any, is not in excess of tht groposed balance of Lhe land contract, and that the payments on this land contract are sufficient to meet a11 of'the obligations 01
broker shall be disbursed as follows: If the transaction fails tb close and the pnrties fail LO agree on the disposition of earnest money, then earnest money held by
1. To Buyer, unless Seller notifies Buyer and Broker in writing no later than 15 days after the earlier ofthe Buyer's written
demand for return of the earnest money or the date set for closing. that Seller elects to consider the earnest money as liquidated damages or partial payment for specific perfnrmance.
on this matter within 30 days after re,:eipt of the notice.
eller on the underlying indebtedness.
2. ToSeller,subjcct toamounts pnynble I;obnlker, provided thenhove noticeis given and neither party commences u Inwyuit
In making the disbursement. the broker shall follow procedures in Section RI. 18.09(4), Wis. Adm. Code. Disbursement nfearnest money does not determine the legal rirrhts of the parties in relation to this agreement. Buth partles agree to hold the broker harmless from any linhility for good foith dis~ursementofenrnest money in ~ccordonce with this aRreement or present I)ep;lrtment r,f R~pulation nnd 1,iccnsinK regulations concerning earnest money.
Lllia1:~1niractm11y111~c11nucll1~rl;1t~~~1~i1~1~~~(.l~~1~~~r,$I~~~~~1~1 l~~~~~~r~~~~~~t~~~~~~~r~~~~~~~~t~~is~~~~~~~~~~~~~~~t~~~~s~~~~,~~su~~~~l~~~~~~~~~~, I(~~y~.ral~,tl;
Iftl~~~pr~~p~~r~.yistlllm~lg(ctllr,v~r~~r~r~:l~m~~nts ~~ri~~r1.~1~.i~~~~~~~l.~~I~~~i~~~i~~~~n;~~~1~~u~~twhi~:I~~~x~~~~1~~~rli.iv~~~~1~r~~~n~1~1.~I~~~s1~lli11~~~ri~~~~.
Ihvntitled LC] Lhc innur;~nw pr~~w~ds rd:ll.inb: LIB (IalmItcu LO propcrLg.
133 SPECIAL PROVISIONS: ..?e?. .&&.der .a.tta.Gbad, heretp. .4wse, te.rms. .and. condi&ions. are..made. a
134 .Part, Of, .th&.s. off?.? .to. Pu&Xh?.se,.as. .if. .fuiLy. ,inwr.pPra$.ed. .herein, ,.The, land .is ,pres.ently.
136 e~evatFons..of..faun~at~or?~ muef be. .a.C .PI ,above t.wo..(?). f.eet.,aboiic. 1P.Q ~!ear,fk?pd PlaiF!., '
137 limits. ...... ........... . ...........
138 Seller~ndEu~raqreetonctinKoodfaithand usedili~enceincompletinfithetermsofthisngreement.Thisagreementbinds 1.39 and Inures to the enefit of the partleito thi:i aEreement and their successors in interest.
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133 owned by. !!!e. 0.f "%O ?.nd. .Cu.rr?nCJJ tax exempt. . .Buyer. acknowledges. .that.. .
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Herb Schrader
.. , iUuyer) .. (Huyer)
141 Buyer's Social Security No. ~ Buyer's So(:inI Security No, . I): THIS OFFER IS HEREBY ACCEl'?'E;I), THE WARRANTIES AND REPRESENTATIONS MADE HEREIN SURVIVE THE CLOSING OF THIS TRANSACTION. THE UNDERSIGNED HEREBY AGREES 145 To SELL AND CONVEY THK ABOVE.MENTIONED PROPERTY ON THE TERMS AND CONDITIONS
146 AS SET FORTH AND ACKNOWLEDGES RECEIPT 01.' A COPY OF THIS AGREKMENT
14; Ilnted: , 14R .. ,19.
149 Offer is rejected (Srller initial.) Seller's Suciul Security Nu,
City of Muskego
. David L. DeAngelis. Mayor (Seller) By,:. .., .. ... ....
150 Offer is countered iSeller initinl.) ... 1 3 I By.:. Jean K. Marenda, City Clerk ish) ..
]j., '.
133 This offer was drafted by (Licensee nnd thm) the Muskego Common Council on
154 It was presented to Seller by
JOHN H. HENDERSON Seller's Social Security No. , .............
MOONEY LESAGE & ASSOC.LTD. Pursuant to 'i, passed by
on ... . , 19. at , m.
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1.53
156 Broker acknowledges receipt of initial earnest money as per line 13 of the above of'er.
EARNEST MONEY RECEIPT
157
15d
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I!].
(BY ..
Broker
)
epR--22-94 FRI 14:=7 RLIEKERT I MIELKE INC.
11/03/94 17:32 FA.\ 414 797 8940 MOONEY LeS.AGE I g&O4/004
CERTIFIED SURVEY MAP NO - - 7.567 -
PART OF THE NW 1/4 OF THE SW 1/4 OF SECTlON 16. TOW 5 NORTH,
RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN
W 1/4 COR SEC
16-5-20 CAST IRON MONU.
WDRASS CAP
N 324737.24
E 2,495,974.74
R - RECORDEO AS
OWNER: an or MUMECO W182 SBZOO RACINE AM.
MUSXECO. w1.
PREPARED BY:
RUEKERT k MIELKE, INC. M3D N1812 ROCKWOOD DR.
S
100 8 I This Map Is Preliminary ' Pending .Decisions From "1 wI. CJ1Be 3 1 D.wncc or: Completion. GRAPHIC SCALE
1' - 100' CURE DATA 'A'
T5N.. RZOE. S 00'59'1!1' E MEST UNE SW 1/4 SEC. 16 R - 20.00'
A 9 31.34'
"
APPROX. 100 m.
89,672.?9 S.F.
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"
C"
SW CORNER SEC.
NOTE: 100 YEAR FLOOD ELEVAllON ' 785.4 (OSCS) PER FEMA FLOODWAY
DATA TABLE 4
FILE # 1617 MIS INSTRUMENT 'WAS DRAFTED BY RICHARD A. EBERHARDT PAGE 1 OF 3
0 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 October 19,. 1994 by and between the City of Muskego, as Seller, and Herb
Schrader andor Assigns, as Buyer.
1. Contingencies:
A.
B.
C.
D.
E.
Environmental AudiUSoil Conditions.
Buyer, at its sole expense, IMY conduct an on-site environmentalkoil 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 :;aid results are unacceptable to Buyer or of the existence of
environmental violations, hazards, unsuitable soi!s 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 ithis Offer.
SECONDARY OFFER Thus is a secondq offer subject to the cancellation and release of a
prior offer within 130 days of the acceptance of this offer, or this offer is null and void with all
earnest money paid returned to buyer. Buyer may, with written notice to Seller, withdraw this
offer at any time prior to notification that prior offer has been cancelled and released making
this offer primary.
CLJLVERT Buyer is responsible for up to the first $1,OO0.00 of cost to install a 30 driveway
culvert for access to the property. This agreement survives the. closing.
TIMING Buyer must waive or satisfy, in writing, Contingencies A within sixty (60) days from
notification, in writing, that the prior offer has been cancelled and released. or this Offer is null
and void and all earnest money shail be returned forthwith.
CLOSING Closing shall bc no later than 30 days from waiver or satisfaction of all
contingencies.
II. Special Improvements:
A. The purchase price includu. the following improvenents: Sanitary sewer are at lot line and fully
paid and available for use b,y 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 irnproved 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 further
obligation with respect hereto.
e BUYER SELtGR:crrYoFkUS~
c