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CCR2000152AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #I 52-2000 OFFER TO PURCHASE Boehm-Maciolek Community Center BE IT RESOLVED That the Common Council of the City of Muskego does hereby authorize the execution of the attached Offer to Purchase, as amended, for the Boehm- Maciolek property in the amount of $8,500 per acre for a future community center BE IT FURTHER RESOLVED That the Mayor is authorized to make necessary technical changes, if needed, in consultation with the City Attorney to facilitate timely execution of the Offer and closing documents. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Offer to Purchase, and necessary closing documents, in the name of the City and to extend the acceptance andlor closing dates, if necessary. DATED THIS llTH DAY OF JULY ,2000 SPONSORED BY: David L. De Angelis, Mayor This is to certify that this is a true and accurate copy of Resolution #152-2000 which was adopted by the Common Council of the City of Muskego. 7100jrnb CORRECTED COMMON COUNCIL - CITY OF MUSKE RESOLUTION #152-2000 OFFER TO PURCHASE Boehm-Maciolek BE IT RESOLVED That the C authorize the execution of the attached Offer property in the amount of $8, community center BE IT FURTHER RESOLVED technical changes, if needed, i the City Attorney to facilitate timely execution of the Offer and closing doc BE IT FURTHER RESOLVED That yor and Clerk-Treasurer are authorized to sign the Offer to Purchase, an and to extend the acceptance 1 DATEDTHIS 1. 2000. SPONSORED BY: David L. De Angelis, Mayor This is to certify that this is a true and accurate copy of Resolution #152-2000 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 7/00jmb Jut. IO. 2000 4 124PM NO. 5417 P. 24 m DDENDUM B This Addendum B is attached to and made a part of the Vacant Land Offer to Purchase We 'Offer") executed by City of Muskego, ('Buyer) and dated July 6,2000, by which BWr has Offered to Purchase the real property located in the City of Muskego. County of Waukesha, Wisconsin (the ''Propew). The Offer is supplemented and modiiied as follows: 1. PROPERTY CONDITION DISCLOSURES Per lines 5457 of the Offer, Seller has notice or knowledge of the following condltlons affecung the Property or transaction. (a) A ponlon of the Property is located in an unmapped llood zone area. 2. HARVEST OF CROPS Seller will have the right to harvest the 2000 crops currently planted on the Property and retain all compensation insurance and all other appropriate insurance with commercially reasonable limits of coverage. revenue and pay all egenses related thereto. Seller shall maintain general liability. ihsurance. Worker's The harvest of the mops may occur before or after closing of this transaction and may no4 delay the dosing. 3. BUYERS CONTINGENCIES In addition to the contingencies set forth elsewhere In this Offer, Buyets obligatlon to COnClUde the purchase of the Property pursuant to this Offer is contingent upon: later than 30 days after acceptance of this Offer, current, signed copies of all agreements and leases (a) AGREEMENTS AFFECTING OCCUPANCY: Seller having provided Buyer, no controlling or in any manner affecting any third paws rights, claims, or possession of or lo the Property. which agreements Buyer finds acceptable in its reasonable discretion. results and reports as Buyer deems desirable of or relating to the Property and the Intended Use (b) INSPECTION: Buyer having received from such consultants as it may engage, test (induding construction 01 facilides therefor), including soils and other environmental reports. The report($ or document(s) must show the Property to be in a condition acceptable to Buyer in its reasonable dlscretton. In addirion. Seller shall, within ten 30 days after acceptance of this Offer. deliver to Buyer complete copies of any such tests, reports, documents or studies as Seller now possesses whlch relate to the Property. which likwise must show the Pmperty to be in a condition aoxptable to Buyer in its reasonable discretion. and approving all recorded and unrecorded building and use restrictions, covenank. and (c) RESTRICTIONS AND COVENANTS Buyer, in its reasonable discretion, reviewing agreements that affect or may affect the Property. Buyer shall provide written notice to Seller, within 60 days after acceptance of this OHer, waiving all of Buyeh contingencies, or Seller may, at any time thereafter, terminate this Offer upon not less than 30 days wrinen notice to Buyer with fight to cure. If Seller gives such notice, and if Buyer gives Seller, Within the notice otherwise this Offer shall be null and void upon the expiration of the notice. period. a written waiver of all of Buyer's contingencies, this Offer shall remain in full lorce and effect, -1 - Jut. 10. 2000 4.24PM NO. 5417 P 3/3 4. BINDING CONTRACT agreement, and each party waives any right to challenge the enforceability of this Offer on the basis that the Seller and Buyer acknowledge and agree that they intend this Offer to be a binding and enforceable contingencies set forth in this Offer are at the reasonable discretion of Buyer. Buyer agrees to use its good faith efforts to sati$fy all of the mntlngencies. Seller acknowledges and agrees thal (1) the efforts by Buyer wilt require Buyer to expend significant time and money investigating the Property and attempting to satisfy all of the contingencies precedent to the purchase of the Property; and (2) the expenditure of the time and money by Buyer, omstitUtes good and sufficient consideration to Seller for Seller accepting this Ofler and agreeing to be bound by it. 5. CLOSING COWS (1) Buyer shall pay the cost to record the Deed; (2) Seller shall pay all title insurance premiums for the owneh title insurance policy; (3) Each party shall pay its own attorneys' fees. 6. BINDING EFFECT All d the terms, covenants and conditions of this Offer shall inure to the benefit of and be binding upon the parties and their respective heirs, personal representatives, successors and assigns. 7. CHAPTER 32 ACKNOWLEDGMENT AND WAJVERS Seller acknowledges that it has had a face-to-face meeting with the Buyer ~9 contemplated by Wis. Stats. 5 32.06(2a). Seller acknowledges that it has received any pamphlets or information that the Buyer may be required to provide under Wis. Stats. 5 32.06(2a). Seller acknowledges that it has or has access to an appraisal. which would constilute an appraisal to which it would be entilled under Wis. SIats. 5 32.06(2)(b). Seller waives any applicable agricultural or environmental impact statement to which it maybe entitled. Seller waives any relocation benefits for which Z may be eligible under Wk. Slats. 5 32.19. Seller. waives the right to just compensation as required under Wls. Slats. acre based upon the exact acreage of the property to be purchased, 5 32.09(6), and instead agrees with the Bupr upon a purchase price of $8,500 per amount of the purchase price. Seller waives the right to appeal, pursuant to Wis. Stats. 5 32.09(2a), from the Prior to closing in recordable form that will describe the Property and Seller's remaining parcel of real estate 8. CERTIFIED SURVEY MAP. Buyer, at its expense, shall prepare a certified survey map adjacent to the Property. Seller shall allow Eupr's surveyor access to the property to be surveyed, and shall sign the certified survey map on or before the closing. -2- J COMMON COUNCIL - CITY OF M SKEGO RESOLUTION #152-20$ / OFFER TO PURC BE IT RESOLVED That the of Muskego does hereby authorize the execution of for the Boehm-Maciolek property in the amount of center BE IT FURTHER necessary technical facilitate timely authorized to 'or certify that this is a true and accurate copy of Resolution #152-2000 which by the Common Council of the City of Muskego. Clerk-Treasurer 7/00jmb IJUL. 7. 2000 12:49PM NO. 5388 P. 6 3 of MUSKEG0 TION: Thls Offer may be withdrawn prior ro delivery of rhe accepled Ofer. Unless olhewise slated in this Offer, deliveryofdocumenrs andwinen notices ) By depositing lhe document or wrlften notice poslage or fees prepaid in the US. Mail or fees prepaid or charged to an account with y one of the methods specified at lines 27 - 36. oommerclal delivery service. addressed eilher Q the Parly. or Lo Ihe Party's recipient for delivery designated at lines 39 or 32 (if any), ller's delivery address: ller's recipientfordelivery(opUonal): 38 uyecl 262 ) 679-5630 ik, Occupancy ofthe enlire Property shall be given to 8,er al time of closing unless omenvise provided In this Offer (lines 3) occu 381 Q-187orinansddendumoerlineI88I.Ocw~ancvshallbepivensubiecttotenant'stights,ifany. Caut1on:ConsideranPgreemenl Seller: ( ) IJUL. 7. 2000 12:49PM NO. 5388 P. 7 beobligated lo repair uch sum. Seller shall elect to carry out lhis y a land arnlracl or a , plusa credit towards I I NO. 5388 P. 4 wim I49 em co.. 1%. Is&OpERnmDRESS: E~OEHM-MACIOLEK PARCELS [page3015,WB13] Time is of the Essence' as to: (1)- deadlineS~STRlKEAsAPP~lCA~~E~andallolherdatesanddeadlinesinVIls~erar~pt: ' binding acceptance; (3)ioccu ancy; (4) '.NO&. years. lnilial monthly payments of principal and interests emiums. and privale OT include Buyer's olher closing ded, shall be adjusted nls shall beadjusted asnecessarylomaintain G PROVISION AT LINE 158 OR 159, K. Theinitial intereslrateshall reased not more ban %per year. The maximum lime for closing extended accordingly. If Seller's notice is not limely given, t in any credit informalion reasonably eppropriale Io determine Buyer's credit SEE ADDENDUM e ATTACHED TO THIS OFFER. islare made part of this Offer. payment of the purchase price, Seller shall Convey the Properly by wananty doe- corded easemenls for the distribution of utility and municipal services. recorded building and use free and clear of all liens and encumbrances. except municipal and zoning ordinances and IY IS 196 10. purpdses of this Irenoaction. Seller further lo record the conveyance. (pmvidad none of se of the Properly). which wnstibles merchantable tiUe Jut. 1. 2000 12:48PM NO. 5388 P. 5 ITS EXPENSE, SHALL OBTAIN title insurance In !he amount of the page4 Of 5, WB13 Wisconsin. CAUTION: IF MLE AND ADD~DA A am B. If Seller defaulh. Buyer may: (1) sue br specific pedomrance: or I21 terminate the Off-. sue for actual damaoes. or bolh. by the arbitratlon agreement. dies outlined above. By agreeing to blnding arbitration. Ihe Parties may lose the right (0 litigate In a tour( of law hose disputes : IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD READ 15111. 7. 2000 12:50PM a qualified soils expertthat the Property is free of any subsoil which dlscbses no defects as defmed below. This contingency shall be deemedsallsfied nce delivers to Seller. and lo listing bmker if Property is lisled, a copy of the inspector's SolelSeeutity No aFElN A SoOaI Securlly No. or FElN Oak .al-a.rn.lp.rn. IS OFFER IS REJECTED THIS OFFER IS COUNTERED [See allached counted Seller IPIIUIS. D~U. saller IniPals. Osle. Ut. 7. 2000 12:51PM NO. 5388 P 9 I ADDENDUMA I LEQAL DESCRIPTION executed by Clty GI Muskego, (“Buyer”) and dared July 6,2000. by which Buyer has offered to purchase the This Addendum A is allached lo and made a part of he Vacant Land Offer 10 Purchase (the ‘otref) real property located in he City of Muskego, County ol Waukesha, Wisconsin (the ’Propew). The legal descrlption of the Property is approximately as set forth on the attached page. The title company will provide the exact legal description prior to closing. Legal Description Community Center I Boehm Property Being that part of the Northwest one quarter of the Southwest one quarter of Section 2, all being in Town 5 Range 20 east, City of Muskego, Waukesha County, Wisconsin bounded and described as follows: Commencing at the Northwest corner of the Southwest one quarter of Section 2, said point being the place of beginning, hence easterly along said line 520 f feet , thence southeasterly along the centerline of Moreland Road, 1290 +_feet, thence south along the east line of the northwest one quarter of the southwest one quarter 390 +_ feet, thence westerly 1270 k feet, thence north along the west line of the SW X of Section 2, 1250 feet to the place of beginning. Said lands containing approximately 1,239,200 square feet. 28.44 acres, more or less. ut. 7. 2000 12.51PM NO. 5388 P. 10 n ADDENDUM B , I This Addendum B is attached to and made a part of the VaCant Land Offer to Purchase (the 'Offef) executed by City of Muskego, ("Euyer") and dated July 6,2000, by which Buyer has offered to purchase the real property located in the Cltyof Muskego, County of Waukesha, Wisconsin (the "Property'). The Offer is supplemented and modified as follows: 1. PROPERTY CONDITION DISCLOSURES Per llnes 5457 of the Offer, Seller has notice or knowledge of the following conditions affeding the Property or transaction. (a) A portion 01 the property is located in an unmapped flood zone area. 2. HARVEST OF CROPS revenue and pay all expenses related thereto. Seller shall maintain general liability. insurance, worker's Seller will have the right to hawest the 2000 crops'currently planted on the Property and retain all compensation insurance and all other appropriate insurance with commerclally reasonable limits of coverage. The harvest of the crops may occur before or after closing of this transaction and may not delay the closing. 3. BUYER'S CONTINGENCIES *' [' purchase of Ihe Property pursuant to this Offerh contingent upon: In addition to lhe contingencies set forth' elsewhere in this Offer, Bvyeh obligation to conclude the later than 30 days after acceptance of this Offer, current, signed copies of all agreements and leases (a) AGREEMENTS*AFFECTlNG OCCUPANCY Seller having provided Buyer, no controlling or In any manner affecting any third paws rights, claims, or possession of or to the Property, which agreements Buyer finds acceptable in its reasonable discretion. /r 11 (b) INSPECTION: Buyer having received Imm such consutlants as it may engage, test results and reports as Bhr deems desirable of or relating to the Properly and the Intended Use (including constructiin,bl lacilitias fherefor), including soils and other environmental reports. The must show the Properly to be in a adition acceptable to Buyer in it3 addition, Seller shall, within ten 30 days after acceplanw of thls Offer, copies of any such tests, reports. documents or Studies as Seller now possesses which relate to the Propew, which likewise must show lhe Properly to be In a condition acceptable to Buyer in its reasonable discretion. and approving all recorded and unrecorded building and use restrictions, covenants, and (c) RESTRICTIONS AND COVENANTS: Buyer, in its reasonable discretion, reviewing agreemenls that affect or may affect the Property. contingencies, or Seller may, at any tlme thereafter, terminate thls ,Offer upon not less than 30 days wrltlen Buyer shall provide written notice to Seller, within 60 days after acceptence of this Offer, waiving all of Buyer's notice to Buyer with right to cure. If Seller gives such notice, and if Buyer gives Seller, within the notice otherwise this Offer shall be null and wid upon the expiration of the notice. period, a written waiver of all of Buyeh contingencies. this Offer shall remain in full force and effect, -1- IUL. 7. 2000 12:52PM 4. BINDING CONTRACT agreement. and each parly waives any right to challenge the enforceability of this Otfer on the basis that the Seller and Buyer acknowledge and agree that they intend thls Offer to be a binding and enforceable contingencies set forth in this Offer are at the reasonable discretion of Buyer. Buyer agrees to use its good faith efforts to satisfy all of the contingencies. Seller acknowledges and agrees that (1) the efforts by Buyer will require Buyer to expend signnicant time and money investigating the Property and attempting to satisfy all of the contingencies precedent to the purchase of the Properly; and (2) the expenditure of the lime and money by Buyer, constitutes good and sufficient consideration to Seller for Seller aczepting this Offer and agreeing to be bound by it. 5. CLOSING COSTS (1) Buyer shall pay the cost to record the Deed; (2) Seller shall pay all title insurance premiums for the owner's title insurance policy; (3) Each party shall pay its own attorneys' fees. 6. BINDING EFFECT All of the terms. covenants and conditions of (his Offer shall Inure to the benefit of and be bindlng upon the parties and their respective heirs, personal represenlatlves, successors and assigns. 7. CHAPTER 32 ACKNOWLEDGMENT AND WAIVERS Seller acknowledges that it has had a face-to-face meeting with the Buyer as contemplated by Wis. Stats. 5 32,06(2a). Seller acknowledges that it has received any pamphlets or information that the Buyer may be required to provlde under Wis. Stats. 5 32,06(2a). Seller acknowledges that it has or has access to an appraisal, which would constitute an appraisal to which it would be entitled under Wls. Stats. 5 32.06(2)(b). Seller waives any applicable agricultural or environmental impact statement to whlch it may be entitled. Seller waives any relocation benelits for which it may be ellglble under Wis. Stats. 5 32.19. Seller wakes the right to just compensation as required under Wis. Sals. 5 32.09(6), and instead agrees with the Buyer upon a purchase price of $8,500 per acre based upon the exact acreage of the property to be purchased. Seller waives the righl to appeal, pursuant to Wis. Stats. §32.09(2a). from the amount of the purchase price. -2- ~ @ RESOLUTION #P.C.120-2000 RECOMMENDATION TO COMMON COUNCIL TO ACQUIRE LANDS LOCATED IN THE SW 114 OF SECTION 2, SE 114 OF SECTION 3, NE 114 OF SECTION 10, AND NW 114 OF SECTION 11 WHEREAS, The Common Council's Committee of the Whole has recommended that lands be acquired for a community center, generally located in thew 114 Of Section 2, SE 114 Of Section 3, NE 114 Of Section 10, And NW 114 Of Section ljand WHEREAS, The Committee of the Whole has identified approximately 28.44 acres of land generally in the vicinity of the southwest corner of Janesville Road and Moorland Road for such purposes, and WHEREAS, The adopted 2005 Comprehensive Plan depicts this area to be used for business purposes consistent with the E-3 General Business District and RS-2 Suburban Residence District, and WHEREAS, The development of a community center structure is generally compatible with uses found in the E-3 District and the development of related on-site recreational facilities are generally compatible with the uses found in the RS-2 District, and WHEREAS, such development would require the addition of theOlP Institutional and Public Service Overlay District, and THEREFORE BE IT RESOLVED, That the Plan Commission recommends the acquisition of approximately 28.44 acres of land generally located in theSW 114 Of Section 2, SE 114 Of Section 3, NE 114 Of Section 10, And NW 114 Of Section Ijand generally in the vicinity of the southwest corner of Janesville Road and Moorland Road. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: June 20, 2000 ATEST. I @ Sandi Asti, Recording Secretary v) 0 n 0 PL e