CCR2001092I I
AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #92-2001
OFFER TO PURCHASE
Somogji Property
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 Somogji
property on Pioneer Drive.
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.
DATEDTHIS 8'h DAY OF MAY ,2001
SPONSORED BY:
David L. De Angelis. Mayor
This is to certify that this is a true and accurate copy of Resolution #92-2001 which was
adopted by the Common Council of the City of Muskego.
Appmved by wlbconsin Depamml 01 Regdamn and Licensing
4-1-99 (Opt~amI Use Dale) 1 WB-11 RESIDENTIAL OFFER TO PURCHASE 11-1-99 (Mandalov Us8 Dale)
Bimk Co.. IIIC. Lee. W-n
Page 1 of 5
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2 ~GENERALPROVISIONSIT~~B~~~~. CITY OF ?IV.TUS'ETX. a wiscmsin MuniciDal Corwration
3 offers to purchase the Property known as (StreetAddress] iqi80 57795-97-99 Picneer Drive
4 in the City of YUSlCElO , County of Waukesha
5 Wiscnnsin (Insen additicnal description, .f any, at !ir,es 180 ~ 786. 318 - 321 or attaG5 as an addendum per line 316). on the following terms:
6 .PURCHASE PRICE: One Hundred Cortv-Five T??ousand Five Runered and Nc/lOO---------------
8 I EARNEST VONEY oiS 0 .~~--"-"-"-- acwmpanles this Offer and earnest money of S nIa ).
9 will be ?aid wlthin n/a days of acceptance.
IO I THE BALANCE OF PURCHASE PRICE will be ?aid in cash or equivalent at closing unless otherwise provided below.
11 I ACDITIONAL ITEMS INCLUDED iN PURCHASE PRICE: Seller shall inc!ude in the purchase price and transfer, free and clear
12 of encumbrances. all fixtures, as defined at lines 124 - 132 and as may be on the Prcperty on the date of this Offer. unless excluded
13 at lines 15 - 16. and the following additional items: >.
14
15 I ITEMS NOT INCLUDED !N THE PURCHASE PRICE: %ne.
16
17 -1 Acceptance occurs wnen all Buyers and Sellers have signed an identical copy of the Offer, including signatures on
18 separate but identical cnples of the Offer. CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider
19 whether shor! term deadlines running lrom acceptance provide adequate time for Wh binding acceptance and performance.
20 I BINDING ACCEPTANCE I This Offer is binding uDon both Panies only if a copy of the accepted Offer is delivered to Buyer on or
21 before /6. 160 J . CAUTION: This Offer may be withdrawn prior to delivery of !he accepted Offer.
22 I DELIVERY OF OOCUMEHTS AND WRITTEN NOTICES I Unless other.vise stated in this mer. delivery of documents and written notices
23 to a ?arty shall be eifective only when acwmpiished by one of the methods specified at lines 24 - 33.
24 (1) By depositing the document or wntten notice postage or fees prepaid in the U.S. Mad or fees prepaid or charged Io an account
25 wlth a commercial delivery sewice. addressed either !o the Party, or to the Party's recipient for delivery designated at lines 27 or
26 29 (if any) fcr delivery to the Party's delivery address it !ines 28 or 30.
27 Seiler's recipient for delivery (optional): Garv 2. Scmoc: i
28 Seller's deliveryaddress: W190 57795 Pioneer grive, ?luskec;c, WI 53150
29 Buyer's recipient for delivery (optional): Mavor David L. De Inqelis
30 Buyer'sdeliveryaddress: Citv of Yus!cec~o, P.0. Box 749, Xuskeqo, 531 53150-0749
31 (2)BygMng ihe document sfwntten nohcepemal~ to 'heFaq,oriheFartys reapient brdehery fan ldridual Is desgnatedat lines27or29.
52 (3)By fax transmission of the document or written notlce to the following !elephone number
33 Buyer. ( 262 ) 679-5630 Seller ( )
34 -1 Occupancj of the entire Property shall be given to Suyer at he of closing unless otherwise provided in this Offer (lines
36 belonging to culrent tenants. or that %Id to auyer or Ieftwlth Buyer's wnsent. Owpar,cj shail be given subject to tenant's rights. if any.
35 293 through 297). At time of Buyer's cccupancy. Property snail be free of all debris and personal property except for perjonal property
38 lease(s) and bansfer all security deposits and prepaid rents tt,ereucder to Buyer at closing. The terms of the (written) (oral) [STRIKE ONE 1 37 I LEASE0 PROPERTY 1 If Property is current& leased and !ease(s) eaend beyond dosmg. Seller shall assign Seller's nghts under said
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39 lease(s),ifany.are No leases, written or oral, affect^ this property.
40 1 aEHTAL WEATHERIZATION I This transaction (is)- STRIKE GNU exempt from State of Wisconsin Rental Weatherization
41 Standards (Wis. Admin. Code Comm 67). If not exempt, (Buyer) (Seller) {STRIKE CNE i will be responsible for compliance,
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42 inc!uding all Costs. If Seller is responsible for compliacce, Seller shall provide a Certificate of Compliance at closing.
33 I PLACE OF CLOSlNGjThis transaction is to be c!osed at the mea0 c it! Hall
45 j CLOSING PRORATlONSl The following items shlall be 2rcrated at closing: real estate taxes. rents, water 2nd sewer use charges,
, 203 1 unless another date or place is agreed to in wnting.
46 garbage pick-up and other private and municipal charges, groper?] swner's assocmlion assessments, fuel and
48 prior 10 closing. Net general real estate taxes shall be prorated based on (the net general real estate taxes for the Current year. if
49 known, otherwise on the net general real estate taxes for the precedlng year) (
50 ). ~ STRIKE AND CCMPLETE AS APPLICABLE I
51 CAUTION: If proration on the basis of net generai real estate taxes is not acceptable (for example, cornpleted/pending
52 reassessment. changing mill rate, loftery credits), insert estimated annual tax or other formula for proration. 0 54 I PROPERW CONDlTiON REPRjSENTATIONS: Seller represents :o Suyer *at as of the date of acceptance Seller has no notice
53 1 PROPERTY CONDITION PROVISIONS
55 or knowledge cf conditions affecting the Property or :ransaction (see Seiow) other than those identified in Seller's Real Estate
56 Condition Report dated 4-30-01 , wni& was received by Buyer pnor to auyer signing !his mer and which is made a part Ofthis
58
57 Offer by reference i
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no later than mn,, 3 I
47 . Any income, taxes or expecses shall accrue IO Seller, and be prorated. through the day
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A 'condition affecting :he Property or transaction" is defined as follows:
(a) planned or commenced public improvements which may result in special assessmenrs
(b) completed or pending reassessment oi the Property for property tax purposes:
ic! government agency or court order requiring repalr. alteration or correction of any existirg condition:
(d) C0nstlL'c:icn or remodeling on Property for ~Nhich required state or local permlts kad not been obtalned: 1.e) any '#and division involving Ihe Subject Property. for which required state cr Iccal aporcvals had not been cbtained: (0 Y1ciation of apclicable stare or local smoite detec!cr laws: NOTE: State !aw requrres operating smoke detectors m all !eve/*
(g) zry :crt;cn of the ?roperty Zeing in a IC0 year flccdplain. a werland or a sncreland ;or.mg area urcer Iccirl, srate or federal laws:
(hl that a structure cn :he ?roperty IS designa:ed as an h~storic cuiiding 3r that any ;ir. nf Prcpecy is in an nistcrlc .?isrrlct:
:i) slwc:uril :nadecuac:es ,which if not reDaired .will sig~ilicantly shcrten tt,e axpec:ed ,ormal liie ci tt.e Fropeny;
;J) Tiec:anIcal system inadecuate for the oresent use of the Procery
:.X; inseci or animal lr.iesiation ci :he %pep:
',.!) ccrlliicr,s zcns:ituting a sisrlficant health or safety aazard for cccupan;s sf Proceq: Note: Specific federal lead paint
:m) mdcrground or abovegrourd storage tanus on the Prccerty %r storage cf flammable or cxrbuslible liquids ;nc!u2ing but :ot
disc!osure requirements must be complied 'Nith in fhe sale of most :esidentialproperties built before 1978.
lmteo :o gssoline and hearing oil ,which are cdrrentl:, or ,.vhich were oreviously located on the PmGerty: NOTE: Ms. Adm. Code,
Chacter Comm i0 contains registration and Jperation rules for sucn underground and atoveground norage ranks.
io! nlcn ~icllage eloctrlc ! lLlC 1c.l cr grearer) or %eel ?aturai ;as iransmissicn ;ices !ccited ;n out wt direc:ly seriing ;he ?:c?erp!:
:?! mitsrial .i8oialicr.s Si e.;vircnr,en:al icws cr orher 'aws or agreements :eSulatinc :he use of :he ?rsper;y:
'PI o!her ccrahicns cr ccz-rrences .which 'woula significantly reduce Ihe ,value cf !he VcceT !o a reascnaole zerscn :vith
i ?EAL cST,AT? CCP4E.tT~OtV ,?EFCRT: Wisconsin i6w requires owners ci Fropeny .which ;nc!udes 14 dwelling units to Jrovide
xyers Nlth a ,?zzl Estate CmCilion 3epcrt Excluded from !his :eqcrement are sales ci FroGerry :hat *,as never teen inhabited,
jiies axernpt frsm :he -ea1 asrate transfer fee. ar,d sales by certain court-acpclnred Zdcciaries. (icr examcie. 9erscnal
zoresenlalives who have never occupied Ihe Propery). The form of the Repcrt is found in Wis. Stat. 5 709.03. The law 2rovides:
'7i9.02 tisciosure the Owner of lt,e property shall !urnlsh. nct later than 10 days after acceptance of the mntract of sale ,
IO :he :rcspec:rre wyer ci ;he Jropeq a czmpieted copy cf the repcn A prospec:ive :u:>er \N~C xes not receive a report withm
.xiice :i *escissicP IC !he cwner or the 3wr,er's agen!.' 3uyer may also have certain iescissicn iignts if a Zeal Estate Condiricn
.:e :O d2ys .?ay. .Nllh;n 2 tusmess days after the erd cf rhat 10 day perloa. resc:nc :ke csnrrac: ci sale jy ielivenng a 'Nrttten
;?view lt,e reccr? form or consult .wrh an ancrney for adaitional ir.formation :eqaralng ;hese rescissicn igks.
'eccr cisc!cs,ng ,Ceiects is 'urnished before expiration sf %e 10 days. but 3Rer :he Sffer s submtned to Seller. 3uyer shc~ld
1 .=?ccc_,?.:I 2lAJIE\1~lCIUS,aNC sLs/:,S,
.:r ::i!ti7.5 jcuar? 'mace 'Icurss. ;reviled :c Suyer by Seller sr cy a Ycker. may :e apprcximate :ectuse 3i ;ctir.cing or Crher
Euyer ackncwiedges :?at any lanc. sb~icing cr rccrn Jlmensions. or :cml acreage
:%scrs :r.!Ess er::led ::/ sir,?,! cr .tF,er means. ?'c;,er alsc Zck:cw!edi;es :ha :hers ais .vSricLs 'crmulas -sed :c caicuiate
:slzl xcaie lccrsge Ti xiclngs xc ::at :cral scuar? 'ccta.ge 5gures .w~ll var/ decence7t 'Jccn the !cmula used. CAtiT;CN: 3uyer
shculd ?erif;/ ;otai square :actage formula. tctal square foolage/acreage figures, iand, building or rwm dimensions, it material.
a NS75CT;ONS. Seller qiees :o ZIIG'N Euyer's inspec!ors reasonable xcess ic !he ?ropeq upcn reasonable nolice if the
nspec:lons ars ,?ztssnabl.j 2ecessary lo satisfij the csntir,gencies in th:s Cffer. Euyer igrees :c promptly provide Zp!es of all stch
-0 its origlnal condition afler Suyer's inspections are comoleted. unless otherwise agreed 'with Seller. .An 'inspection' is defined as
muection io?c?s to Seller, and IC listing jrcker if kcpert, is !isted. Fcmemcre, 3uyer agrees :c prcmptly restor2 !he DrcFertj
x OcserJaticn 3i the ?;:ccerrl xhicn does not include testing of the Property, other rhan tesdng for leaKing carbon monoxide. cr
-esur.c :cr ieaking L? gas sr r,arural gas used as a iuei socrca. 'wrich are hereby abhcrized.
a T'ST!NG. Except as ctherwise provided. Seller's authcrizaticn for inspecticns dces GC~ authceze 2uyer to xnduct :esting cf
?e ?.ccep. A "lesl' is defired as :he :akin9 of samples of matefials such as soils, water, air or tuilding materials from :he
?rcvlded for ai :ices i80 - 186, 3:8 - 221 or In an addendum per line 316. biote: Any contingency authorizing such tests shculd
Propee ana the :aboratov or other analysis of these materials. If Buyer requires testing, testing ccntinGerc!es must Se specifically
any limitations cn Cuyer's testing and any other material rerms cf the mntirgency (e.9.. Euyer's ooligaticn to return the Propert!
specTy the areas oi :ha ?:cperr{ to be tested. the purpose of the test. [e.g., io determine if environmenlal conlaminaticn is present!,
to its original condition). Seller ackncwled;es that certain inspec:icns or tests may detect environmental pclluticn which may Se
recuired ;c be repoced !o the 'Wisconsin Department of Natural Resources.
m PRF-CLOS
auver shall have the r:chl to insDec1 the ProDerb to determine that there nas teen no sianificant cnanae In the condition of the
ING iNSPFCTION: At a reasonable time, pre-approved by Seller or Seller's agent. within 3 days before closing.
Procerty or :he present use of the Property:
of all residential properties.
kiowled~e ci :he nature and scope ai :?,e ccnditicn x cccdrrexe.
?ripe*,, except for or&nary wear and tear and ';hanSes approved by Buyer, 2nd ;hat anyiefects Sellerhas elec:ed to cdre hVe
teen recaired in a qccd and wctdmanlike manr,er. PROFEZM DAMAGE SEWFFN ACCEPTANCE AND CLOS
or occupancy oi auyer in materially the same condition as sf the date of accectance ti ihis Offer, except :or ordinarjwear and tear.
ING; Seller shall mairtain the Propertj until the earlier of closing
if. prior :o ciosng. the Property is damaged in an amocnt cf not mcre than ive 2er ceni (5%) of :he seiling price, Seiler shall be
obligated !o ripair the Prcpeq ard restcre it to the same cmdition that lt was cn :P,e lay of this Cffer. If the damage shall sxceec
sucn sum, Seiler shall prcmptly notify Buyer in writing of !he damage ad ths Cffer may te canceled at option of auyer. SP,ould
Buyer elect to car? out this Gffer despite such damage, Buyer shall be ertitled to !he insurance ;meeds relating to the damase
sale is 5nanced by a !arc cznlract or a mor?gage to Seller, :he insursnce prcceeds shall oe held in trust for the Soie purpose Of
IC ihe Property, plus a credlt rcwards the purchase price equal to the amount oi Seller's deductible on such policy. However. if this
4) A 'Fixture' is defined as an :?em of property ,Nhich is physicilly aGc,?ed !o 3r so c!osely asscc:atec 'with land or
restorin the Property.
rnprovements so as to be treated as part of the real estate. including, 'withoct limitation. 2nysically anached items not easily
remcvable without damage to the Property. items specifically adapted to the Propeq, and items cuslomarily treated as fixtures,
inc!ucing. but ;1ct :hiled to. all: garden bulbs; plants; shrubs and :rees; screen xd storm doors and windows; eleCtnC lignting
water heaters and softeners; sump pumps: attached or fitted floor coverings: awnings; attached antennas. satellite dishes ar.d Sxtures: :vindow shades; curtain ar,d traverse rods: blinds and shutters; central heating and cooling units and attacned equipment:
component parts; garage door oceners and remote contrck: installed security systems: central vacuum systems and aCCeS50rW
in-ground sprinkler systems and Component parts: bullt-in appliances: ceiling fars; fences; storage buildings on permanent
!curdations and dccksipiers on permanent foundations. NOTE: The terms of the Offer will determine what items are
included/excluded. Address rented fixtures (e.g., water softeners), if any.
134 PROPERTY ADDRESS:
ffer except:
13i
138 to a dare or deadline, failure to perform by the exact date or deadline is a breach of contract. If "lime is of the Essence' does not
If Trne is of the Essence" applies
0 140 I DATES AND DEADLINES] Ceadlines expressed as a number of 'days' from an event. such as acceptance. are calculated by
139 apply to a date or deadline, !hen petiormance within a reasonable time of the date or deadline is allowed before a breach occurs.
141 exclcdlng :he day the event occurred and by counting subsequent calerdar days. The deadline expires at midnight on the !as1 day.
1-12 Ceadlines zxpressed as a speclric number of "business days' exclude Saturdays. Sundays, any legal public holiday under
11; Wisconsin or Federal law, and olher day deslgnaled by the President such that the postal sewice does not receive registered mail
144 or make :esular deliver;es on that day. Deadlines expressed as a specific nurrberof 'hours" from the occurrence of an event. such
1-15 as receipt oi a notice. are calculated from the exact time of the evenI. and by counting 24 hours per calendar day. Deadlines
146 expressed 3s a specific day of the calendar year or as the day of a specific event, sucS as closing. expire at midnight 9f that day.
1 li THE FINANCING CONTINGENCY PROVISIONS AT LINES 149 - 163 ARE A ?ART OF THIS OFFER IF LINE 149 IS MARKED,
148
143n.h FINANCING CONTINGENCY Th~s Offer is contirgenl upon Buyer be:rg able to obtain a
150 1 !NSE?T '.CAN ?1cG?~v ca SCuRCE : firs: mortgage !oan commitment as described 'below. within ~ days of ampLance of this mer.
151 The 5nanc:ng selected shall be in an amount of not less than S for a term of not less than - years,
152 amortized over not less than ~ years. icitial monthly payments of pnncipal and interest shall r.ot exceed S
155 Monthiy saymenls nay also inclLde 1/12th oi the estimated net anncsl real mate taxes. hazard insurance premiums, and private
154 mortgage insurance premlums. Tine mortgage may not include a prepayment premlum. kyer agrees to pay a loan fee not to
155 exceed
150 other c!osicg COS:^.) f%,e prchase pnce undermis mer is modified. 'he financed amount. unless ctkewise provided. shall be adjusted
9'. of the loan. (Loan fee refers to discount points and/or loan origination fee. but DOES NOT include Buyer's
157 lo !F,e same oercentzge of the purd9ase price as in this contingency and the monthly payments shall be adjusted as necessav to maintain
i60 - ADJUSTABLE RATE FiNANC1NG:ihe initial annual Interest :ale sr,ail not exceed
159 FIXED RATE FINANCING: The annual rate of interest shall not exceed
%. The initjal interest rate shall
161 Le 5xed ior months, at which time the interest rate may :e .nc:eased not more than % per year. The
162 nax:mun interosi rale during ihe mortgage term shall no1 exceed %. ,Monthly payments of principal and interest may
163 oe adjusied lo reflec: iPterest changes.
!gj LC"N ~Oh.lh.tl~blEVT Bbyer a~rees to pay all customary financing CCSIS (ir.c!Lding c!osing fees). 10 apply for financing promptly. and
155 lo pcvlde svidenclo sf apciicaticn prcmptly upon request by Seiler. if %yer qcailfies :or %e rirancirg described in Lhls mer or other
166 2nxc:r.g accepEble !o Buyer. Suyer agrees to deliver to Seller a mpy oi *e ,mrten loan commitment no later than Lhe deadline for loan
lei commitmen: ar lire 150. Buyer's deliver] of a copy of any written loan cornmibnent to Seller (even if subject to conditions) shall satisfy
168 the Buyer's financing contingency unless accompanied by a notice of unacceptability. CAUTION: BUYER, BUYER'S LENDER AND
169 AGENTS CF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WTHOUT BUYER'S PRIOR
170 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABILTTY.
lil SELL:? TEPMINAilCN 71GHTS: If Buyer does not make timely delivery af said commitment. Seller may terminate thls Offer if
172 Seller delivers a ,written notice of iermination to Buyer prior lo Sellers actual receipt of a copy of Buyer's written loan commitment.
173 FINANCING UNAVAIL4BILIM: If financing is not available on the terms stated in this Offer (and Buyer has not already
174 delivered an acceptable !oan commitment for other financing lo Seller). Buyer snall promptly deliver wntten notice to Seller of same
175 inciuding copies si lenceqs)' relecticn lerter(s) or other evldence of unavailability. Unless a specific loan source IS named in this
177 set forth in this Offer, and Ihls Offer shall remam In full force and effect, .wvllh !he lime for closing exlended accordingly. If Seller's
1 ;6 Offer. Seller shall !hen have 10 days :o give Suyer written notice of Seiler's tec:sion to finance this iransaction on the Same terms
178 r.otice is not timely alven. this Offer shall be null and void. Buver auth.orizes Seller to obtain any credit information reasonably
I SUCH AS 'WITH AN "X THEY ARE NOT PART OF THIS OFFER IF UNE 149 IS MARKED.NIA OR IS NOT MARKED.
158 the term and amorjzauon Sated above. CHECK AND COMPLETE APPUCABE FINANCING PROVISION AT LINE 159 OR 1M). -
- 9'0.
0
179 appropriate to determine Buyer's credit worthiness for Seiler financing.
180 1 ADDITIONAL PROVISICINS/C"
181
182
1 83
184
185
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18i 1 TITLE EVIDENCE I
188 rn CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (Or
la3 other conveyance as provided herein) free and clear of all iiens and encumbrances. except: municipal and zoning ordinances
190 and agreemenis mtered under them. recorded easemenls for the disrribution of utility and municipal services. recorded building
191 and use restnctions and covenanls, general taxes levied in the year of closing
192
133 of the foregoing prohtbit pX?ZW use of the Proped, which constitutes merchantsble title for cur;oses of this transaction. Seller
as vacant land (provided none
I94 further agrees io complete and execute the documents neczssary IO record the conveyance. WARNING: Municipal and Zoning
195 ordinances, recorded building and use reslriclions, covenants and easemenls may prohibil certain improvemenls or uses and therefore
i97 FORM OF TITLE EVIDENCE: Seller shall gwe evidence of ljtle ~n the form oi an owner's poky of ttlle insurance in Ihe amount
1% should Se reviewed, parlicularly if aupr contemplates making improvemenfs lo Properly or a use other than the current use.
198 of :?e purchase price on a Surrenf ALTA form issued by an insurer licensed io ,write title insurance in Wisconsid*CAUTION: IF TITLE
139 EVIGENCE WILL BE GIVEN 9Y ABSTRACT. STRIKE TlTLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISIONS tincludlng gap coverase
Buyer
200 I PROVISION OF MERCHANTABLE TITLE:/-shall payall costs of providing title evi ' 201 evidence shall be acceptable if the commitment for the requlred title insurance is delivered t
702 than 3 business days before closing, showing title to the Property as of a date no more than
203 evidence to be merchantable. subject only to liens which wdl be paid out of the prcceeds of CloSlng and standard title insurance
204 requirements and exceptions. as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDATING THE EFFECTIVE DATE OF
205 THE TITLE COMMITMENT PRIOR TO CLOSING ORA "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED
-06 BETWEEN THE EFFECTIVE DATE OF THE COMMITIMENTAND THE DATE THE DEED IS RECORDED.
07 I TITLE ACCEPTABLE FQR CLOS 708 by the time set for closing. In such event. Seller shall have a reascnable time. but rot exceeding 15 days. to remcve !he objections.
ING: If title is not acceptable for closing, Buyer shall notify Seller in ,writing cf objections to title
209 and lhe time for closing shall be extended as necessary for this puqose. In the event that Seller is unable to :emove said
210 objections. Buyer shall have 5 days from receipt of notice thereof. to deliver written notice waivina the obiections. and the time for
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211 closing shall be extended accordingly. If Buyer does not waive the objections. this ORer shall ;e nuil and void. Provlding~titie
212 evidence acceptable for closing does not extinguish Seller's obligations to give merchantable title io Buyer.
213 I SPECIAL ASSESSMENTS: Special assessments. 11 any. for work actually commenced sr levied prior to care oi this Offer mall
214 be paid by Seller no later than closing. All other special assessments shall be paid by Buyer. CAUTIGN: bnsiilera spec:alagreement
215 if area assessments, property owner's association assessments or other expenses are contemplated. 'Other expenses' are one-!ime charges
7?6. or ongoing use fees for public improvements (other than those resulting in special assessments) relatirg lo wr3. guiter. s:reet.
21i sidewalk, sanitary and stormwater and storm sewer (including all sewer mains and hook-up and interceptor charges), parks, street
218 lighting and slreet trees. and impact lees for other public facilities, as defined in Wis. Stat. §66,55(l)(ci 8 (0.
219 i DELIVEW/RECEIPT] Unless otherwise sated in this Offer, any signed document transmitted by facsimlle machine (fax) shall be treated
221) in all manner and respects as an original document and the signature of any Pam upon a document taxmined by fax shall be
?21 mnsidered an original signature. Personal deliver] to, or actual receipt by, any named Buyer or Seller constitutes personal deiivey to,
772 or actual receipt by Buyer or Seller. Once received, a notice cannot be withdrawn by ihe Fa- deliverirg !he nctice ,Nithcut the consent
223 of the Party recelving the notice. A Party may not unilaterally reinstate a contingency after a notice of a contingency walver has keen
224 received ay the other Party. The delivelyhceipt provisions in this Offer may be modilied when appropriate (e.g.. when mail delivery is not desirable
225 (see lines 24 - 30) or ivhen a pariy will not be personally available to receive a notice (see line 286)). Buyer and Seller aulhorizs ;he agents of
226 Buyer and Seller to distribute copies of the Offer to Buyer's lender, appraisers, title insurance companies and any other settlement
227 service providers for the transaction as defined by the Real Estate Settlement Procedures Act (RESPA).
228 ~ DEFAULT I Seller and Buyer each have the legal duty to use good faith and due diligence in mmpleting the terms and cnnditions
229 sf this Cffer. A material failure to perform any cbligalion under this Offer IS a default which may subject the defaulting party to liability
230 for damages or other legal remedies.
231 If Buver defaults, Seller may:
?32 (1) sue for specific performance and request the earnest money as partial payment of !he purchase prke: or
233 (2) terminate the Offer and have the option :o: (a) request the earnest money as liquidated damages: or (b) direct Brcker to
234 return the earnest money and have the option to sue for actual damages.
?35 If Seller defaults, Buyer may:
236 (1) sue for specific performance: or
237 (2) terminate the Offer and request !he return of the earnest money, sue for actual damages, or both.
238 In addition. the Parties may seek any other remedies available in law or equity 239 The Parties undemtand that the availability of any judicial remedy will depend upon the circumstances of the situation and the
240 discretion of the courts. If either Party defaults. the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead
241 of the remedies outlined above. By agreeing to binding arbitration. the Parties may lose the right lo litigale in a court of law those
242 disputes covered by the arbitration agreement.
243 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES StlOULD READ MIS DOCUMENT
245 GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS LiNDER THIS OFFER CR.HOW TITLE SHOULD BE TAKEN AT CLOSING. AN
244 CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FRCM
247 I EARNEST MONEY 1 246 ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
248 I HELD BY: Unless otherwise agreed, earnest money shall be paid to and held in the tmst account of the listing broker (buyer's
249 agent if Property is not listed or Seller's account if no broker is involved), until applied to purchase price or othewise disbuned as
250 provided in the Offer. CAUTION: Should persons other man a bmker holdearnest money, an escrow agreement shouldbc drafted by the ParLies
251 or an anomey. H wmeone ovler than Buyer makes paymenf of earnest money, consider a special disbursement agreement
252 I DISBURSEMENT
253 clearance from payor's depository institution if earnest money is paid by check) to the person(s) who paid :he earnest money. At : If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed. (after
254 closing, earnest money shall be disbuned according to the closing statement. If this Offer toes not c!ose. the earnest money shall
255 be disbursed according to a wrinen disbursement agreement signed by all PaCies to thls Offer (Note: Wis. Adm. Code s. RL
256 l8.09( l)(b) provides that an offer to purchase is not a written disbursement agreement punuant to which :he broker may disburse).
257 If said disbursement agreement has not been delivered to brcker.rvithin 60 days after the date set :cr ciosing. broker may disburse
258 the earnest money: (1) as directed by an attorney who has reviewed !he transaction and does not represent auyer or Seller: (2)
259 into a court hearing a lawsuit involvlng the earnest money and all Parties to this Offer: (3) as directed by coun order; or (4) any
260 other disbursement required or.allowed by law. Broker may retaln legal sewices 10 direct disbursement per (1) or to file an
261 interpleader action per (2) and broker may deduct from the earnest money any costs and reasonable attorneys fees, not to exceed
262 S250, prior to disbursement.
263 I LEGAL RIGHTSIACTION: Broker's disbursement of earnest money does not determine the legal rights of the Parties in
264 relation to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by broker. At least 30 days prior to
265 disbursement per (1) or (4) above. broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or
266 Seller disagree with broker's proposed disbursement. a lawsuit may be filed to obtain a coun order regarding disbursement.
267 Small Claims Court has jurisdiction over all earnest money disputes arising out of the sale of residential property with 11
268 dwelling units and certain other earnest money disputes. Buyer and Seller should consider consulting attorneys regarding their
70 disbursement of earnest money in accordance with this Offer or applicable Department of Regulation and Licensing regulations
272 I ENTIRE CONTRACT ] This Offer, including any amendments to it. contains the entire agreement of the Buyer and Seller regarding
273 the transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds and inures to
274 thebenefit of the Parties to this Offer and their successors in Interest.
legal rights under this Offer in case of a dispute. Both Parties agree to hold the broker harmless from any liability for good faith
concerning earnest money. See Wis. Adm. Code Ch. RL 18.
215 PROPERTY ADDRESS:
Legal WaM LO, 1°C.
[page 5 of 5. WB-Ill
2i6 OPTIONAL PROVISIONS: THE PROVISIONS ON LINES 278 THROUGH 317 ARE A PART OF THIS OFFER IF WED, SUCH AS WITH AN "x
277 THEY ARE NOT PART OF THIS OFFER IF MARKED MA OR ARE LEFT BLANK (EXCEPT AS PROVIDED AT LINES 280.281).
278a SALE OF BUYERS PROPERTY CONTINGENCY: This Offer is contingent upon the sale and closing of Buyer's property
279 located at
Seller may keep Seller's Propem on the market for sale and accept secondary offers. IF this contingency is
, no ialer than
282 r& CONTINUED MARKETING: If Seller accepis a bona fiae secondary oifer. Seller may give written notice to Buyer of
?E3 acceptance. I: Buyer does not deliver to Seller 3 'wrlnen .waiver of saie of Buyer's property conringency and
ai:: made a part of this Offer, lines 282 - 286 are also a part of this offer unless marked N/A at line 282 or otherwise deleted.
2% [INSERT OTHER
295 REQUIREYIENTS. !F ANY 1e.g.. PAYMENT OF ADDITXJNAL EARNEST MONEY, 'NAIVEit OF ALL CONTINGENCIES. OR PROVIDING
286 EVIDENCS OF SALE OR BRIDGE LOAN. etc.)] wilhln
287 6 SECONDARY OFFER: This Offer is secofidary tc a prlor accepted offer. This Offer shall bewme primary upon delivey of
hours of Bbyer's ac!ual recelpt of said riotice, this mer shall Se null and void.
288 ,writlen nclice to Euyer that this Gffer is prirarj. Unless -;thewise provided, Seller is not obligared :o glve Buyer nolice prior to any
299 deadline. nor is any panicllar secondary buver given the right to be made primary ahead of oiher secondary buyers. Buyer may
250 declare this Cffer null and void by delivering 'written nollce 3f 'withdrawal to Seller prior !o delivery of Seiler's notice !hat this Offer
291 IS prlmary Buyer may no1 deliver notice of witk,drawal earlier than days after acceptance of ihis Offer. All other Offer
2'?2 deadlines whicn are run from acceptance shall run irom the time ihis Offer becoln s pri dv
294 gwen to Buyer on at amiprn. (Seller)(Buyer) 'STSIKE ONE! shall pay an
295 ccwpancy ha&e of 3
296 mpancg per,&. Any unearned post closing occupancy fee (shall)(shall not) I STRIKE ONE-! be rehmded based on actual occupancy
per day or partial day of preipost-dcsing cccupancj. Payment shall be due at he beginning of he
297 CAUTION: Consider a special agreement regarding occupancy escrow, insurance, utilities, maintenance, keys, etc.
298 n%lNSPECTlON CONTINGENCY: This Offer IS contingent upon a Wisconsin reglstered home inspector perfomlng a home
259 inspection cf the Property ard an inspec;ion. by a qualified independent inspector, cf
300 which discloses no defects as defined below. This contingency
3oi shall be deemed satisfied I)r.less Suyer. wilhin days of acceptance, delivers to Seller. and to !isling broker if Properly is
302 iisted. a ccoy of rhe inspector's wrinen inspec!ion repon(s) and a ;written notice listing the defecl(s) identified in the inspeclion
303 report(s) to .which Buyer sojects. CAUTION: A proposed amendment will not satisfy this notice requirement. Buyer shall order
304 the ics;ec!ion and be resoonstble for ail costs of inspection, including any inspechons required by lender cr as follow-up inspec:ions to
305 the home inspection. Note: Tnis contingency only authorizes inspections, not testing. (See lines 97 - 110.)
306 m RIGHTTOCURE: ~ler(SMil)(shallnct)~S;RI~ONE. ~~vearghttocure~dei&P.(~~r5~11haveanght~wreilnochcrceisindlcated)
307 ~Sellerhas~~~~ure.Sellermaysaosfyfils~ti~enc~~.((:)ceiFle~ngavrrRtennoDce~~m10daysofreoeiFtofELyefsmbced~~efs~~n
308 to cure de-. (2) cunrg he Ceigf in a qxC and wrkmanlike manner and (3) dehenr,g fo Buyer a mtm ;epat debling & wak dcne M la@ UIan
305 3 days pncr '0 dcsr,g. Tns olhr hail be r.uII and ma .f Beer makes hmev deliiev cf 'he above notice and repcrt ad: (1) Seller does rot have a qM
3 IO '0 cure u (2) Se!ler has a rgM D are but a) Seller d&NerS notice G-et Seller :wII mt cure OT b) Seller does cot timev WNer ~ no& d ekkcn to cure.
311 = -DEFECT' DEF!NED: For the purpcses of th6 contingency, a defect is defined as a StrucIural. mechanlcal or other condition
312 thatwould have a significint adverse effect on the value sf the Property: that would siqificantly impair ihe health or Safety Of future
313 occupants of :he Property; cr :hat If not repaired. removed or replaced would slgnlficantly shorten or tiave a significant adverse
314 effect on the expected normal :ife of the Property Defects do not include structural, mechanical or cther conditions Ihe nature and
315 extent of whlch Buyer had actual knowledge or written notice before signing this Offer.
316 @ ADDENDA: Theattached documents ,&are made part of this Offer.
317 ~
318
319
320
321 Thp@p#s&ffJ@~?!j 52-01 [date] by [Licensee and firm] Eon Molter,~enz,4(olter,Macy E. Riffle,
322 (x 323 spnalure A =nnxxame+rs David L. ue Angells, Mayor 'i!N A Data A
324 (X)BY: 325 'dUyers signature A ~nnt ~ame rlere.. Jean K. Marenda, OlerK P Dale A
326 EARNEST MONEY RECEiPT Broker acknowledges receipt of earnest money as per line 8 of the above Mer. (See lines 247 - 271.)
x293 nza PRElPOST CLOSING OCCUPANCY Occupancy cf ~LI &&&k d. $ T- I' shall be
0
. 39-6006023
321 Broker (By)
328 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER
329 SURVIVECLOSINGANDTHE CONVEYANCEOFTHEPROPERTY. SELLERAGREESTOCONVEYTHE PROPERTYON
330 THE TERMS AND CONDITIONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
331 (x) 332 s~~~~~'~ s.~~~~~~ A N~~~ -iFrr . Gary K . sornosj 1 Socri SeGr#V- . A Gale A
534 Scilerr S.qna:"ie A 7nm Name ilere .
335 This Offer was presented io Seller by
336 THIS OFFER IS REJECTED
337
0 333 (x) Sacma8 Secunw Vo 3, "X A Dale A
on at a m./p.m.
Tills OFFER is COUNTERED (See arZcneC counter]
Seller hllals A Sale A Sever 1c11vIx A Dale A
ADDENDUM
Seller, and any other entities whose name appears on any of the attached
documents, shall execute the original of all attached documents on or before
closing other than the Addendum.
2. Seller acknowledges that he has waived relocation assistance and such
waiver was approved by the Department of Commerce on in
accordance with §32.197, Wisconsin Statutes. See attached waiver form.
3. Seller shall pay all utility costs and sewer service charges through closing.
c, I I.
C.?.
c,3.
c.1.
-.-.
C.6.
c.7.
2.3
c.3.
c. : 0.
c.17.
c.12.
2.13.
"x-
&"-
"&"
A"-
BWER'S ACKNOWLEDGMENT
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2001.
GARY R. SOMOGJI
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2001.
TRI CITY NATIONAL BANK
By:
By:
ADMISSION OF SERVICE
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2001.
BANK ONE, MILWAUKEE, NA
By:
h
NOTICE OF RIGHT TO APPE
AMOUNT OF COMPENSATION
Any person named in the Certificate of Compensation, a copy of which is
attached hereto, may within six (6) months after the date of the recording of said
Certificate, appeal from the amount of compensation therein stated in the manner
set forth in Wisconsin Statute §32.05(9) to (1 3) for appeals from an award under
Wisconsin Statute §32.05(7). For purposes of any such appeal, the amount of
compensation stated in the Certificate shall be treated as the award and the date
the conveyance is recorded shall be treated as the date of taking and the date of
evaluation.
Dated this day of , 2001.
CITY OF MUSKEG0
David L. De Angelis, Mayor
e
ATTEST,
Jean K. Marenda, Clerk
Document No.
CERTIFICATE OF
COMPENSATION
'Pursuant to Wisconsin Statute §32.05(2a), this
document shall be recorded with the Waukesha County
Register of Deeds, Waukesha, Wisconsin.
That the City of Muskego has acquired fee simple
title in the property described below pursuant to 532.05
of the Wisconsin Statutes.
1. The identity of all persons having an interest
of record in the property immediately prior to its
conveyance is as follows:
Gary R. Somogji
Tri City National Bank
Bank One, Milwaukee, NA
.
Attorney Donald S. Molter, Jr. Return To:
Arenz,Molter,Macy b Riffle, S.C.
P.O. Box 1348
Waulcesha, WI 53187-1348
KSKC 2195.953
Tax Key Number
2. The legal description of the property in which fee simple title was acquired is as
follows:
0 SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1"
3. The matter of the interest acquired and the compensation for such acquisition is as
follows:
The matter of the interest acquired is fee simple title for storm sewer watercourse
control improvements.
The amount of compensation is $145,500.00.
Dated this day of , 2001.
CITY OF MUSKEG0
ATTEST.
___ David L. De Angelis, Mayor
Jean K. Marenda, Clerk
This Instrument Was Drafted by:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N. East Avenue, P.O. Box 1348
Waukesha, WI 531 87-1 348
CITY SEAL
a WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL
Owner: Gary R. Somogji, a Single Person
Acquisition of: See Attached Legal Description
Interest Acquired: Fee Simple Title for Storm Sewe
Improvements V
The undersigned owner of land designated as in the attached legal
description, containing approximately acres agrees to accept settlement in
the amount of One Hundred Forty-Five Thousand Five Hundred and No/lOO
($145,500.00) Dollars as full payment for the fee simple title stated, subject to the
approval of the City of Muskego.
The undersigned owner has been fully informed of the right to have the
property appraised, and to receive just compensation based upon an appraisal, has
decided to waive the right to an appraisal.
The undersigned owner further states that the decision to waive such right to
an appraisal was made without undue influence or coercive action of any nature.
It is intended that the instrument of conveyance will be executed upon
presentation by the City of Muskego, agents or representatives.
Dated this day of , 2001.
Gary R. Somogji
i
WAIVER OF APPEAL RIGHTS
AMOUNT OF COMPENSATION P
For valuable consideration, hereby acknowledged by the undersigned, we
hereby waive any and all rights that we may have to appeal the award of
compensation made under Wisconsin Statute §32.05.
Dated this day of , 2001
GARY R. SOMOGJI
0
I
(See Closed Session material in envelope)
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #92-2001
OFFER TO PURCHASE
Somogji Property
BE IT RESOLVED That the Common Council does hereby
authorize the execution of the attached Offer property on
Pioneer Drive.
to make necessary
technical Attorney to facilitate timely
execution of the Offer and closing
BE IT FURTHER RESOLVED Clerk-Treasurer are authorized to
sign the Offer to Purchase, documents, in the name of the City
and to extend the if necessary.
I
1 0 DATEDTHIS
SPONSORED BY:
David L. De Angelis. Mayor
This is to certify that this is a true and accurate copy of Resolution #92-2001 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer