CCR2001256AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #256-2001
OFFER TO PURCHASE
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 Carity
property designated 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 Attorney representing the City
regarding this issue 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 1lth DAY OF DECEMBER ,2001
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #256-2001 which
was adopted by the Common Council of the City of Muskego.
12/0ljmb
7.1-99 (Optional Use Dale)
1-160 (Mandatory Use Dale)
von Bnesen. Purtell h Roper. 5.c. C
Page I of 5 I VACANT LAND OFFER TO PURCHASE I
1- 12128101
21 GENERAL PROVISIONS I The Buyer, City of Muskego
3 offers lo purchase the Property known as [Street Address] Southeast 8.76 acres of Lot 143, Quietwood Creek
4 in the City of Muskego , County of Waukesha
5 Wisconsin. (Insert additional description. ir any. at lines 179 - 187 or attach as an addendum. line 188). on the following tern:
6 PURCHASE PRICE: See Addendum A
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10 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below.
11 ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer. free and clear of
12encumbrances. all fixtures. as defined at lines 15 - 18 and as may be on the Property on the date of this Offer. unless excluded at line 14,
13and the following addilional items: None
14 ITEMS NOT INCLUDED IN THE PURCHASE: None
15A -Fixture' is defined as an item of properiy which is physically anached to or so closely associated with land so as to be treated as part
16of the real estate. including, without limitation. physically attached items not easily removable without damage to the Property. items
17specifically adapted to the Property, and items customarily treated as fixtures including but not limited to all: perennial crops; garden
18 bulbs: plants: shrubs and trees. CAUTION: Annual crops are not included in the purchase price unless otherwise agreed al line 13.
20 [ACCEPTANCE I Acceptance occurs when all Buyers and Sellers have signed an identical copy of the Offer. including signatures on
21 separate but identical copies of the Offer. CAUTION Deadlines in the Offer are commonly calculated from acceptance. Consider
22 whether short term deadlines running from acceptance provide adequate time for binding acceptance and performance.
23 IBlNDlNG ACCEPTANCE I This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to Buyer on or
24 before December 28,2001 . CAUTION: This Offer may be withdrawn prior to delivery of the accepted mr.
25) DELIVERY OF DOCUMENTS AND WRITTEN NOTlCEq Unless otherwise stated in this Offer, delivery of documents and written notices
26 to a Party shall be effective only when accomplished by one of the methods specified at lines 27 - 36.
27 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged to an account with
28 a commercial delivery service, addressed either to the Party. or to the Party's recipient for delivery designated at lines 30 or 32 (if any).
29 for delivery to the Party's delivery address at lines 31 or 33.
19 =-
30 Seller's recipient for delivery (optional): George E. Erwin, 111
31 Seller's delivery address: 2300 Noah Mayfair Road, Suite 1175, Milwaukee, WI 53226-1553
32 Buyer's recipient for delivery (optional): Mayor David L. DeAngelis
33 Buyer's delivery address: W182 S8200 Racine Avenue, Muskego, WI 53150
34 (2) By girn'rg the document M men &X% personally to the Party or the Paws &pied for delivery if an indidual 6 designated at lins 30 or 32.
35 (3) By fax transmission of the document or wrilten notice to the following telephone number:
36 Buyer: ( 2 ) 679-5630 Seller: ( 414 ) 258-5487
371 OCCUPANCY I Occupancy of the entire Property shall be given to Buyer at time of closing . ..
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43 I PLACE OF CLOSING I This transaction is to be closed at the place designated by Buyer's mortgagee or Buver
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45 ICLOSlNG PRORATIONS I The following items shall be prorated at closing: real estate taxes. rents. private and municipal charges.
no later than December 31 , 2001 unleSs another date or place is agreed to in writing.
46 property owner's association assessments. fuel and None
48 Net general real estate taxes shall be prorated based on (the net general real estate taxes for the current year, if known, otherwise on
49 the net general real estate taxes for the preceding year) (
50 ).)STRIKE AND COMPLETE AS APPLICABL~
51 CAUTION: If proration on the basis of net general real estate taxes is not acceptable (for example, completed/pending
47 Any income. taxes or expenses shall accrue to Seller, and be prorated. through the day prior to closing.
53 [PROPERTY CONDlTlON PROVISIONS1
52 reassessment, changing mill rate, lottery credits), insert estimated annual tax or other formula for proration. - 54 rn PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice
55 or knowledge of conditions affecting the Property or transaction ... ..
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A 'condition affecting the Properly or transaction' is defined as follows:
(a) planned or commenced public improvements which may result in special assessments or otherwise materially affect the Properly
(b) completed or pending reassessment of the Property for property tax purposes;
(d) any land division involving the subject Property. for which required state or local approvals had not been obtained;
(c) government agency or court order requiring repair, alteration or correction of any existing condition;
(0 conditions constituting a significant health or safety hazard for occupants of Property;
(e) any portion of the Property being in a 100 year floodplain, a wetland or shoreland zoning area under local, state or federal laws;
(9) underground or aboveground storage tanks on the Properly for storage of flammable or combustible liquids including but not limited to
gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Ms. Adm. Code, Chapter
Comm 10 contains registration and operation rules for such underground and aboveground storage tanks.
[Page 2 of 51
or the present use of the Property;
(h) material violations of environmental laws or other laws or agreements regulating the use of the Property;
(i) high voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the Properly;
(i) any portion of the Properly being subject to. or in violation of, a Farmland Preservalion Agreement under a County Farmland Preservation
Plan or enrolled in, or in violation of, a Forest Crop, Woodland Tax. Managed Forest. Conservation Reserve or comparable program;
(k) boundary disputes or material violation of fence laws (Wis. Stats. Chapter 90) which require the erection and maintenance of legal
fences between adjoining properties where one or both of the properties is used and occupied for farming or grazing purposes;
(I) wells on the Property required to be abandoned under state regulations (Wis. Adm. Code NR 112.26) but which are not abandoned;
(m) cisterns or septic tanks on the Property which are currently not servicing the Property;
(n) subsoil conditions which would signiIicanUy increase the ccst of the development proposed at lines 271 - 272, if any, including. but mt limited
to. subsurface foundations, organic or nonaganic fill. dumpsites or containers on Property which contained or currently mntain toxic or
hazardous matwiak. high groundwater. soil condiiiins (e.g. low load bearing capacily) or excessive rocks or mk formations on the Property;
(0) a lack of legal vehicular access to the Property from public roads;
(p) prior reimbursement for corrective action costs under the Agricuilural Chemical Cleanup Program; (Wis. Stats. 594.73.)
(4) other conditions or occurrences which would significantly increase the cost of the development proposed at lines 271 to 272 or
reduce the value of the Property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
PROPERlY DIMENSIONS AND SURVEYS: Buyer acknowledges that any land dimensions, total square footage/acreage figures,
or allocation of acreage information. provided to Buyer by Seller or by a broker, may be approximate because of rounding or other
reasons, unless verified by survey or other means. CAUTION: Buyer should verify land dimensions. total square footagdacreage
figures or allocation of acreage information if material to Buyer's decision to purchase.
current use, there are a variety of issues which should be addressed to ensure the development or new use is feasible. Municipal and zoning
ISSUES RELATED TO PROPERTY DEVELOPMENT: WARNING: If Buyer contemplates developing Properly or a use other than the
ordinances. recorded building and use restrictions. covenants and easements may prohibit certain improvements or uses and therefore should
be reviewed. Building permits. zoning variances, Architectural Control Committee approvals. estimates for utility hook-up expenses, special
assessments. charges for installation of roads or utilities. environmental audits, subsoil tests. or other development related fees may need
to be obtained or verified in order lo determine the feasibility of development of. or a particular use for, a property. Optional contingencies
which allow Buyer to investigate certain of these issues can be found at lines 271 - 314 and Buyer may add contingencies as needed in
addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be addressed
in these contingencies.
INSPECTIONS Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice if the inspections
are reasonably necessary to satisfy the contingencies in this Offer. Buyer agrees to promptly provide copies of all such inspection
reports to Seller, and to listing broker if Property is listed. Furthermore, Buyer agrees to promptly restore the Properly lo its original
condition after Buyefs inspections are completed. unless otherwise agreed in this Offer. An "inspection' is defined as an observation
of the Property which does no1 include testing of the Properly. other than testing for leaking LP gas or natural gas used as a fuel source,
which are hereby authorized.
A 'test' is defined as the taking of samples of materials such as soils. water, air or building materials from the Properly and the laboratory
TESTING: Except as otherwise provided. Seller's authorization for inspections does not authorize Buyer to conducl testing of the Properly.
or other analysis of these materials. If Buyer requires testing. testing contingencies must be specifically provided for at lines 179 - 187 or
of the test. (e.9.. to determine if environmental contamination is present). any limitations on Buyer's testing and any other material tens of
in an addendum per line 188. Note: Any contingency authorizing testing should specify the areas of the Properly to be tested, the purpose
the contingency (e.g.. Buyefs obligation to return the Property to its original conditwn). Seller acknowledges that certain inspections or tests
may detect environmental pollution which may be required to be reported to the Wisconsin Department of Natural Resources.
have the tight to inspect the Properly to determine that there has been no significant change in the condition of the Properly, except for
PRE-CLOSING INSPECTION: At a reasonable time. pre-approved by Seller or Seller's agent. within 3 days before closing, Buyer shall
changes approved by Buyer.
occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer, except for ordinary wear and tear. If. prior
PROPERlY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or
to closing, the Property is damaged in an amount of not more than five per cent (5%) of the selling price. Seller shall be obligated to repair
the Properly and restore it to the same condition that it was on the day of lhis Offer. If the damage shall exceed such sum. Seller shall
promptly notify Buyer in writing of the damage and this Offer may be canceled at the option of Buyer. Should Buyer elect to carry out this
Offer despite such damage, Buyer shall be entitled to the insurance proceeds relating to the damage to the Property. plus a credit towards
Ihe purchase price equal lo the amount of Seller's deductible on such policy. However, if this sale is financed by a land contract or a
Wisconsin Statutes section 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal
mort a e to Seller, the insurance proceeds shall be held in trust for the sole purpose of restoring the Property.
shares where one or both of the properties is used and occupied for farming or grazing purposes. CAUTION: Consider an agreement
addressing responsibility for fences if Property or adjoining land Is used and occupied for farming or grazing purposes.
in all manner and respects as an original document and the signature of any Party upon a document transmitted by fax shalt be considered
I DELlVERYlRECElPT I Unless otherwise stated in this Offer. any signed document transmitted by facsimile machine (fax) shall be treated
an original signature. Personal delivery to. or actual receipt by, any named Buyer or Seller constitutes personal delivery to, or actual receipt
by Buyer or Seller. Once received. a notice cannot be withdrawn by the Party delivering the notice without the consent of the Party receiving
the notice. A Party may not unilaterally reinstate a contingency afler a notice of a contingency waiver has been received by the other Party.
The delivery provisions in lhis Offer may be modified when appropriate (e.g., when mail delivery is not desirable (see lines 25 - 36)).
and any other settlement service providers for the transaction as defined by the Real Estate Settlement Procedures Act (RESPA).
Buyer and Seller authorize the agents of Buyer and Seller to distribute copies of the mer to Buyer's lender. appraisers. We insurance companies
133 PROPERTY ADDRESS Southeast 8.76 acres of Lot 143, Quiehvood Creek, Muskego. Wisconsin [page 3 of 51
134 1 TIME IS OF THE ESSENCE 1 Time is of the Essence" as to: (1) earnest money payment(s): (2) binding acceptance: (3) occupancy: (4)
135 date of closing: (5) wntingency deadlines I STRIKE AS APPLICABLE] and all other dales and deadlines in this Offer
136 If Time is of the Essence" .I 137 applies to a dale or deadline, failure to perform by the exact date or deadline is a breach of contract. If "Time is of the Essence' does
38 not apply to a date or deadline. then performance within a reasonable time of the date or deadline is allowed before a breach occurs.
139 IDATES AND DEADLINES I Deadlines expressed as a number of 'days' from an event. such as acceptance. are calculated by excluding
140 the day the event occurred and by counting subsequent calendar days. The deadline expires at midnight on the lasl day. Deadlines
141 expressed as a specific number of 'business days" exclude Saturdays. Sundays, any legal public holiday under Wisconsin or Federal
142 law, and other day designated by the President such lhat the postal service does not receive registered mail or make regular deliveries
143 on that day. Deadlines expressed as a specific number of 'hours' from the occurrence of an event such as receipt of a notice, are
144 calculated from the exact time of Ihe event and by counting 24 hours per calendar day. Deadlines expressed as a specific day of the
145 calendar year or as the day of a specific event, such as closing, expire at midnight of that day.
146 THE FINANCING CONTINGENCY PROVISIONS AT LINES 148 - 162 ARE A PART OF THIS OFFER IF LINE 148 IS MARKED,
147 SUCH AS WITH AN "X". THEY ARE NOT PART OF THIS OFFER IF LINE 148 IS MARKED NIA OR IS NOT MARKED.
148 0 FINANCING CONTINGENCY This Offer is contingent upon Buyer being able to obtain a
149 I INSERT LOAN PROGRAM OR SOURCE I first mortgage loan commitmenl as described below, within days of acceptance of this
150 Offer. The financing selected shall be in an amount of not less than $ for a term of not less than years.
151 amortized over not less than years. Initial monthly payments of principal and interest shall not exceed 0
152 Monthly payments may also include 1112th of the estimated net annual real alate taxes. hazard insurance premiums, and private
153 mortgage insurance premiums. The mortgage may not indude a prepayment premium. Buyer agrees to pay a loan fee not lo exceed
155 costs.) If the purchase price under this Offer is modified. the financed amount unless otherwise provided. shall be adjusted
156 to the same percentage of the purchase price as in vlis contingency and the monthly payments shall be adjusted as nexssary to maintain
157 the term and amortization stated above. CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 158 OR 159.
158 0 FIXED RATE FINANCING: The annual interest rate shall not exceed
159 0 ADJUSTABLE RATE FINANCING: The initial annual interest rate shall not exceed %. The initial interest rate shall
160 befixed for months, at which time the interest rate may be increased not more than - % per year. The maximum
161 interest rate during the mortgage term shall not exceed
162 to reflect interest chanqes.
%. Monthly payments of principal and interest may be adjusted
.1€4 to provide evidence of application promplly upon request by Seller. If Buyer qualifies for the financing described in this Offer or other
163 LOAN COMMITMENT: Buyer agrees to pay all customary financing costs (including closing fees), to apply for financing promptly. and
165 financmg acceptable to Buyer. Buyer agrees to deliver to Seller a copy of the written loan commitment no later than the deadline for loan
167 satisfy the Buyefs financing contingency unless accompanied by a notice of unacceptability. CAUTION: BUYER, BUYERS LENDER
166 commitment at line 149. Buyer's delivery of a copy of any written loan commitment to Seller (even if subject lo conditions) shall
168 AND AGENTS OF BUYER OR SELLER SHOULD NOT DELMR A LOAN COMMITMENT TO SELLER WTHOUT BUYER'S PRIOR
169 APPROVAL OR UNLESS ACCOMPANIED BYA NOTlCE OF UNACCEPTABILITY.
171 delivers a written notice of termination to Buyer prior to Seller's actual receipt of a copy of Buyer's written loan commitment.
170 SELLER TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment. Seller may terminate this mer il Seller
172 FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Buyer has not already delivered an
173 acceptable loan commitment for other financing to Seller), Buyer shall promptly deliver wrinen notice to Seller of Same including copies
174 of lender(s)' rejection leHer(s) or other evidence of unavailability. Unless a specific loan source is named in this mer. Seller shall then
175 have 10 days to give Buyer wrinen notice of Seller's decision to finance this bansadon on the same terms set forth in this Offer and this
176 Offer shall remain in full force and effect. with the time for dosing extended accordingly. If Selle<s notice is not timely given, this Offer shall
177 be null and void. Buyer authorizes Seller lo obtain any credit information reasonably appropriate to determine Buyer's credit worthiness
178 for Seller financing.
179 bDlTlONAL PROVlSlONSlCONTlNGENClE~ NIA
154 % of the loan. (Loan fee refers to discount points andlor loan origination fee. but DOES NOT include Buyer's other closing
%
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188 ADDENDA The attached Addendum A iska made part of this Offer.
189 ~TLE EVIDENC~
190 CONVEYANCE OF TITLE: Upon payment of f42wLM -. Seller shall convey the Property by warranty deed (Or other
192 agreements entered under them. recorded easements for the distribution of utility and municipal services. recorded building and use
191 conveyance as provided herein) free and clear of all liens and encumbrances. except: municipal and zoning ordinances and
193 restrictions and covenants. general taxes levied in the year of closing and none other
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196 for Purposes of this transaction. Seller further agrees to complete and execute the documents necessary to record the conveyance.
(provided none of the foregoing prohibit present use of the Prooertyl. which constitutes merchantable titie
197 FORM OF TITLE EVIDENCE: Seller shall give evidence of tiUe in the form of an owner's policy of titie insurance in the amount of the
198 purchase price on a current ALTA form issued by an insurer licensed to write litle insurance in Wisconsin. CAUTION: IF TITLE
199 EVIDENCE WILL BE GIVEN BY ABSTRACT. STRIKE TITLEINSURANCE PROVISIONS AND INSERT ABSTRACTPROVISIONS.
200 PROVISION OF MERCHANTABLE TITLE: Seller shall pay all costs of providing ti11e evidence. For purposes of closing. title evidence
201 shall be acceptable if the commitment for the required title insurance is delivered to Buyer's attorney or Buyer not less than 3 business
202 days before closing. showing titie to the Property as of a date no more than 15 days before delivery of such title evidence to be
203 merchantable. subject only to liens which will be paid out of the proceeds of dosing and standard We insurance requirements and
204 exceptions. as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDATING THE EFFECTIM DATE OF THE TITLE
205 COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE
206 EFFECTIVE DATE OF THE COMMITMENT AND THE DATE THE DEED IS RECORDED.
207 TITLE ACCEPTABLE FOR CLOSING: If tiUe is not acceptable for dosing, Buyer shall notify Seller in miting of objections to tiUe by
208 the time set for closing. In such event. Seller shalt have a reasonable time, but not exceeding 15 days, to remove said objections. and
209 the time for closing shall be extended as necessary for this purpose. In the event that Seller is unable to remove said objections. Buyer
210 shall have 5 days from receipt of notice thereof. to deliver written notice waiving the objections. and the lime for closing shall be extended
211 accordingly. If Buyer does not waive Ihe objections. this offer shall be null and void. Providing title evidence acceptable for closing does
212 not extinguish Seller's obligations to give merchantable tille to Buyer.
213 SPECIAL ASSESSMENTS: Special assessments. if any. for work actually commenced or levied prior to date of this Offer shall be
214 paid by Seller no later than closing. All other special assessments shall be paid by Buyer. CAUTION: Consider a special agreement
215 if area assessments, property owner's association assessments or other expenses are conlemplated. 'Other expenses" are one-
216 time charges or ongoing use fees for public improvements (other than those resulting in special assessments) relating to curb, gutter.
217 street. sidewalk, sanitaly and stormwater and storm sewer (including all sewer mains and hook-ups and interceptor charges), palks. street
218 li hti and Street trees. and impact fees for other public facilities, as defined in Wis. Stat. 5 66.55( l)(c) 8 (0.
219 &%-I This Offer. including any amendments to it. contains the entire agreement of the Buyer and Seller regarding the
220 transaction. All prior negotiations and discussions have been merged into this Offer. This aareement binds and inures to the benefit of
Page 4 of 5
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221 the Parties to this Offer and their successors in interest.
222 -1
223 Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions of this Offer. A
224 material failure Lo pedorm any obligation under this offer is a default which may subject the defaulting party to liability for damages or
225 other legal remedies.
226 If Buyer defaults. Seller rnay:
227 (1) sue for specific perlormance and request the earnest money as partial payment of the purchase price; or
228 (2) terminate the Offer and have the option lo: (a) requesl the earnest money as liquidated damages; or (b) direct Broker to return
229 the earnest money and have the option to sue for acluat damages.
230 If Seller defauik. Buyer may:
231 (1) sue for specific performance; or
232 (2) terminate the Offer and request Ihe return of the earnest money. sue for actual damages, or both.
233 In addition, the Parties rnay seek any other remedies available in law or equity.
234 The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the
235 discretion of the couT1s. If either Party defaults. the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of
236 the remedies outlined above. By agreeing to binding arbitration. the Parties may lose Ihe right to litigate in a court of law those disputes
237 covered by the arbitration agreemenL
239 THIS DOCUMENT CAREFULLY. BROKERS MAY PROVlDE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT
238 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT BOTH PARTIES SHOULD READ
240 ARE PROHIBITED BY LAW FROM GlVlNG ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR
241 HOW TITLE SHOULD BE TAKEN AT CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE is NEEDED.
242 I EARNEST MONH
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243 HELD BY: Unless othenvise agreed. earnest money shall be paid lo and held in the trust acwunt of the listing broker (buyets agent
244 if Property is not listed or seller if no broker is involved). until applied to purchase price or otherwise disbursed as pwiM in U-e ORs.
245 CAUTION: Should persons other than a bmker hold earnest money, an escrow agreement should be drafted by the Pafies
246 or an attorney. If someone other than Buyer makes payment of earnest money, consider a special disbursement agreemenl
247 DISBURSEMEM: N negoWims do not result in an accepted offer. the earnest money shall be pnrmpUy disbursed (ah dearance
248 horn payor's depcsilory insbhtion I earnest money is paid by check) lo the person@) who paid the earnest money. At dosing. earnest
249 money shall be disbursed amrding to the closing statement. If this Offer does not dose. the earnest money shall be disbursed according
250 to a written disbursement agreement signed by all Parties Lo this Offer (Note: Wis. Adm. Code g RL 18.09(l)(b) provides that an offer
251 to purchase is not a written disbursement agreement pursuant to which the broker may disburse). If said disbursement agreement has
252 not been delivered to broker within 60 days afler the date set for closing. broker may disburse the earnest money: (1) as directed by
253 an attorney who has reviewed the bansadon and does not represent Buyer or Seller; (2) into a murl hearing a lawsuit invulving the
254 earnest money and all Parties to this Offer: (3) as directed by courl order: or (4) any other disbunement required or allowed by law.
255 Broker may retain legal SeTVices to dired disbursement per (1) OT to file an interpleader adon per (2) and broker may deduct from the
256 earnest money any costs and reasonable attorneys fees. not lo exceed $250. prior to disbunement.
257 LEGAL RIGHTS/ACTION: Broker's disbursement of earnest money does not determine the legal rights of the Parties in relation to this
258 Offer. Buyer's or Seller's legal right to earnest money cannot be determined by broker. At least 30 days prior to disbursement per (1)
259 or (4) above, broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or Seller disagree with broker's
260 proposed disbunement. a lawsuit may be filed to obtain a court order regarding disbursement. Small Claims Court has jurisdiction over
261 all earnest money disputes arising out of the sale of residential properly with 14 dwelling units and certain other earnest money disputes.
262 Buyer and Seller should consider wnsulting attorneys regarding their legal rights under this Offer in case of a dispute. Both Parties
263 agree lo hold the broker harmless from any liability for good faith disbursement of earnest money in accordance with this OHer or
264 applicable Deparbnent of Regulation and Limsing regubtions concerning earnest money. See Ws. Pdrn. code Ch. RL 18. NOTE:
265 WISCONSIN LICENSE LAW PROHIBITS A BROKER FROM GNlNG ADVICE OR OPINIONS CONCERNING THE LEGAL WHTS
0
266 OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR ME LEGAL EFFECT OF A SPECIFIC CONTRACT OR CONVEYANCE.
267 AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED.
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268 PROPERTY ADDRESS: Southeast 8.76 acres of Lot 143, Quietwood Creek, Muskego. Wisconsin [page 5 of 51
269 OPTIONAL PROVISIONS: THE PARAGRAPHS AT LINES 271 - 314 WHICH ARE PRECEDED BY A BOX ARE A PART OF THIS OFFER IF
270 MARKED, SUCH AS WITH AN "X". THEY ARE NOT PART OF THIS OFFER IF MARKED NIA OR ARE LEFT BLANK.
271 nPROPOSED USE CONTINGENCY Buyer is purchasing the property for the purpose of:
This Offer is contingent upon Buyer obtaining the following:
0 Written evidence at (Buyer's) (Selleh) I STRIKE ONE I expense from a qualified soils expert that the Property is free of any subsoil - 274 condition which would make the proposed development impossible or significantly increase the costs of such development.
~~
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27fi the PrnnnMn mils at Imfinnx select4 hv Elwer and all other mndifinns which rno~st he annmved to ohlain a n~rrnit for an acr-nfahle nn'mfe
0 Written evidence at (Buyets) (Selleh) 1 STRIKE ONE I expense from a certified soils tester or other qualified expert that indicates that
277 septic system for: [insert proposed use of Property: e.9.. three
278 bedroom single family home] meet applicable codes in effect as of the date of this offer. An acceplable system includes ail systems approved
279 for use by the State for the type of property identified at line 277. An acceptable system does not include a holding tank. privy. composting
280 toilet or chemical loilet or other systems (e.g. mound system) excluded in additional provisions or an addendum per lines 179 - 188.
281
282 Property and a written determination by a qualified independent third party that none of these prohibit or significanUy delay or increase
0 Copies at (Buyer's) (Selleh) [STRIKE ONE I expense of all public and private easements, covenants and restrictions affecting the
283 the costs of the proposed use or development identified at lines 271 to 272.
284
285 of such permits. approvals and licenses at (Buyer's) (Seller's) I STRIKE ONE I expense for the following items related to the proposed
Permits. approvals and licenses, as appropriate. or he final discretionary action by the granting authority prior to the issuance
286 development
287 Written evidence at (Buyer's) (Seller's) 1 STRIKE ONE I expense that the following utility connections are located as follows (e.9..
288 on the Property, at the lot line across the street. etc.): electricity
289 ; water
; gas ; sewer
,telephone
290 This proposed use contingency shall be deemed satisfied unless Buyer within
; other
291 written notice lo Seller specifying those items of this contingency which cannot be satisfied and written evidence substantiating why each
days of acceptance delivers
292 specific item included in Buyer's notice cannot be satisfied.
293 0 MAP OF THE PROPERTY: This Offer is contingent upon (Buyer obtaining) (Seller prowdmg) STRIKE ONE a map of the Property prepared
294 by a regislered land survepr. within - days of aazptance. at (Buyet's) (Selleh) e' STRIKE ONE expense The map shall identify the legal
295 desaiption of the Property, the Propews boundaries and dimensions, visible enaoachmenk upon the Property. the location of improvements.
296 if any, and:
297
298 which may be added include, but are not limited to: specifying how current the map must be: staking of all comers of the Property; identifying
299 dedicated and apparent streets. lo1 dimensions, tolal aueage or square footage. easements or righls-of-way. CAUTION: Consider the cost
300 and the need for map features More selecting them. The map shall show no Significant encmachment(s) or any information materially
301 inwnsistenl with any prior representations to Buyer. This contingency shall be deemed satisfied unless Buyer. within five days of the earlier
302 of 1) Buyer's receipt of the map. or 2) the deadline for delivery of said map. delivers to Seller, and to listing broker if Property is listed. a copy
303 of the map and a written nolice which identifies the significant encroachment or the information materially inmnsistent with prior representations.
304 0 INSPECTION CONTINGENCY This .Offer is mntingenl upon a qualified independent inspector(s) conducting an inspection(s). at
305 Buyer's expense, of the Property and
306
307 unless Buyer within days of acceptance delivers to Seller, and to listing broker if Property is listed, a cupy of the inspector's
308 written inspection report and a written notice listing the defects identified in the report to which Buyer objects. This Offer shall be null and
309 void upon timely delivery of the above notice and report. CAUTION: A proposed amendment will no1 satism this notice requiremenl
310 Buyer shall order the inspection and be responsible for all costs of inspection. including any inspections required by lender or followup to
311 inspection. Note: This contingency only authorizes inspections. not testing. see lines 98 lo 110. For the purposes of this contingency a defect
312 is defined as any condition of the Property which constitutes a significant threat to the health or safety of pemns who occupy or use the
313 Property or gives evidence of any material use, storage or disposal of hazardous or loxic substances on the Property. Defects do not include
314 wnditions the nature and extent of which Buyer had actual knowledge or written notice before signing this Offer.
315 ThisOfferwas draftedon 12110R001
bTRlKE AND COMPLETE AS APPLICABLE I Additional map features
0
which disdoses no defects as defined below. This contingency shall be deemed satisfied
316 (x) CITY OF MUSK-/
[date] by [Licensee and firm] John P. Yenh. Esq., von Brlesen. Purlell (L Roper, S.C.
~.. u - ~Y-~cu-LO;~~ ,Z..Lw:
"d I2-ag-@l
PhfName Here: ' &,.,a L, ,&-,&st"A J Social Security No. or FElN Date
%$Name Here: ' Jdr) rJ K. m e R € NbI) Social Security No. or FElN Date
ECEIPT Broker acknowledges receipt of earnest money as per line 8 of the above Offer. (See lines 242 - 267)
321
322 SELLER ACCEPTS THE OFFER THE WARRANTIES. REPRESENTAllONS AND COVENANTS MADE IN THIS OFFER SURVWE CLOSING AND
Broker (By)
323 THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH
324 HE
325 (x)
326
PT OF A COPY OF THIS OFFER. 3Q-aa~ fe 21
soc;al Security NO. or FEIN . w
0 E (x)
i :ocial Security N%or$El? ' 9-aa *
330 THIS OFFER IS REJECTED
329 This Offer was presented to Seller by on . at a.m./p.m.
331 Seller Initials Date Seller Initials Date
THIS OFFER IS COUNERED [See attached munter]
614550.1
a ADDENDUM A TO CITY OF MUSKEGO’S OFFER TO PURCHASE
This Addendum A is made a part of the Offer to Purchase dated December 28, 2001, for the
purchase of the land known as the Southeast 8.76 Acres of Lot 143, Quietwood Creek, City of
Muskego, Wisconsin (the “Property”). The remaining portion of Lot 143 that is not a part of the
Offer shall be referred to as the “Seller’s Retained Property.”
1. Purchase Price. The value of the Property has been determined by Seller’s appraiser,
Vitale Realty Advisors, LLC, to be $1,070,000. Buyer takes no position with respect to
the value of the Property, but does accept the requirement that Buyer pay $425,000 at
Closing and does acknowledge that the balance of the value of the Property, which Seller
represents to be an additional $645,000, is deemed to be a part of this Agreement as a
charitable contribution. Buyer takes no responsibility, nor shall Buyer be required in the
future to take any action with respect to verifymg or substantiating any charitable
contribution portion of this transaction. Buyer’s execution of the Wisconsin Real Estate
Transfer Return, to the extent that it reflects a $1,070,000 purchase, shall simply be to
verify the terms of this Offer.
2. Eminent Domain. Buyer agrees that this Offer is made in lieu of a condemnation
proceeding pursuant to Chapter 32 of the Wisconsin Statutes. Seller acknowledges that
acceptance of this Offer shall extinguish any and all rights, if any, to additional
compensation under the Wisconsin condemnation statutes, and Seller further represents: 0 Seller acknowledges that Seller has had a face-to-face meeting with the City as
contemplated by Wis. Stats. 5 32.06(2a).
Seller acknowledges that Seller has received any pamphlets or information which
the City may be required to provide under Wis. Stats. 5 32.06(2a).
Seller acknowledges that Seller has or has access to an appraisal which would
constitute any appraisal to which Seller would be entitled under Wis. Stats. 5
32.06(2)(b).
Seller waves any applicable agricultural or environmental impact statement to
which Seller may be entitled.
Seller waives any relocation benefits for which Seller may be eligible under Wis.
Stats. $ 32.19.
Seller waives any rights Seller may have under Wis. Stats. §32.06(2a) to the list
of offerees and maps showing all property affected by the proposed construction
of a community center.
Seller waives the right to contest just compensation under Wis. Stats. 5 32.09(6),
and instead mutually agrees with the City that just compensation has been
afforded upon the payment terms described in this Offer.
(h) Seller waives any right to appeal the purchase price under Wis. Stats. §32.06(2a)
to a condemnation commission.
(i) Seller waives any right to petition the circuit court under Wis. Stats. §32.06(5) to
contest the City’s right to condemn.
(j) Seller waives Seller’s right to recover costs and expenses under Wis. Stats. §
32.28.
(k) Seller acknowledges that Seller has received the advice and assistance of legal
counsel in connection with the transaction contemplated by this Offer.
3. Retention Pond.
(a) The approximate boundaries of the Property and proposed retention pond are
indicated on the Site Plan attached to this Offer as Exhibit 1. The retention pond
easement immediately west of the Property shall be terminated and vacated by the
parties and relocated on the Property being acquired by Buyer, as set out in the
Certified Survey Map described in Section 7 below.
(b) Buyer will use reasonable efforts to cooperate with Seller to mitigate and move
the existing wetland, provided (i) mitigation shall not require utilizing more area
of the Property for the retention pond or wetland and (ii) Buyer shall have no
obligation to assist Seller to mitigate and move the wetland after Buyer has
obtained all necessary permits and approvals to construct the retention pond to be
located on the Property. Buyer’s cooperation will include holding public
hearing(s) with respect to Seller’s determination that the wetland area is less than
one (I) acre and should be appropriately mitigated because of public safety and
need requirements. In the event the wetland is mitigated, Seller shall grant Buyer
the appropriate easement for the modified retention pond area, to be located in the
approximate area indicated on Exhibit 1. Seller shall be solely responsible for
submitting any application mitigating the wetland and paying all costs, fees and
expenses related to mitigating and moving the wetland including, without
limitation, all permit, legal and engineering fees.
(c) After Closing, Buyer will obtain all necessary permits and approvals to construct
the retention pond to be located on the Property. Buyer will submit the permit
application no later than August 1, 2002. In addition, Buyer agrees, at Seller’s
request, to amend its application or submit an alternative plan, if Seller obtains the
necessary permits to mitigate the existing wetlands, provided all costs of the
amendment or alternative plan incurred by Buyer are paid by Seller, and the
amendment or alternative plan has no negative impact on the ability of Buyer to
use the Property. Buyer shall pay for all fees associated with obtaining the
permits and approvals and shall use Buyer’s reasonable best efforts to complete
construction of the pond in a timely manner or by a date mutually agreed upon by
Buyer and Seller. No improvements shall be made to the Seller’s Retained
Property prior to construction of the retention pond.
-2-
4.
5.
6.
7.
8.
9.
0 10.
At the time of Closing, Buyer and Seller will enter into an agreement concerning
the maintenance responsibilities of the pond.
The plans and specifications of the retention pond shall be prepared by Buyer.
The pond shall comply with the requirements of the Quietwood Creek
Developer’s Agreement between Buyer and Seller. The retention pond shall be
designed with sufficient capacity at appropriate locations to handle the stormwater
management needs and capacity of the Seller as to the Seller’s Retained Property,
which stormwater needs shall be determined in accordance with the applicable
City of Muskego Stormwater Management Ordinances, Rules and Regulations.
Buyer and Seller understand that the final location and specifications of the pond
are subject to approval by one or more govenunental agencies.
Sewermater. Buyer agrees that Buyer will extend sewer and water from the south
property line of the Property to the north property line of the Property. In addition, Buyer
will provide Seller with an easement along the south property line of the Property, to
Seller’s parcel adjoining the west property line of the Property.
Access Road. Buyer acknowledges to Seller the requirement that Seller shall extend an
access road from County Highway “L” across Seller’s property and connecting to the
Moorland Road extension. The approximate location of the road is indicated on
Exhibit 1. The actual location of the road shall be based on sound engineering and
planning practices.
Additional Right-of-Way - Janesville Road. Seller shall convey to Buyer an additional
five (5) feet of right-of-way on County Highway “L,” to be described in the Certified
Survey Map described in Section 7 below. The additional five (5) feet will increase the
right-of-way from a width from centerline of 55 feet to a width of 60 feet.
Property Description. Seller agrees to convey and Buyer agrees to purchase the Property
by a metes and bounds legal description, in order to accomplish a closing prior to
December 3 I, 2001. Thereafter, a certified survey map shall be created concerning the
Property and Seller’s Retained Property. The certified survey map will incorporate the
sanitary sewer and water main easements, the additional right-of-way, the retention pond
and the stormwater easements consistent with and as required under this Offer.
Assessments. Buyer agrees not to impose any assessment, connection charge, impact fee
or similar charge concerning the public improvements consisting of the water and sewer
extensions described in Section 4 above and the improvements by the Buyer to construct
the retention pond and related facilities.
Closing Date. If the Closing does not occur on or before December 3 I, 2001, (time being
of the essence) this Offer to Purchase and the Buyer’s and Seller’s obligations under it
shall automatically become null and void.
Survival of Warranties, Remesentations and Covenants. The warranties, representations
and covenants of the parties contained in the Offer to Purchase and Addendum shall
survive the Closing.
-3-
11, Title Insurance and Transfer Fee Proration. Seller shall pay sixty percent (60%) and
Buyer shall pay forty percent (40%) of the expenses for title insurance and transfer fees.
Prior to the date this Offer is accepted, Seller has delivered to Buyer any environmental studies
of the Property that are in Seller’s possession.
CITY OF MUSKEG0 (Buyer)
By:
Seller accepts this Offer and Addendum A. The undersigned hereby agrees to convey the above
mentioned Property on the terms and conditions as set forth herein and acknowledges receipt of a
copy of this Offer.
- JANESVILLE ROAD REMNANT PARCEL, LLC
William W Carity, Member 4
By: ~~
P. Kenneth Servi. Member
-4-
)f Muskego does here BE IT RESOLVED That the Common Coundlof the City c ?by
authorize'the execution of the attached Offer for the Carity property
designated for a future community center
BE IT FURTHER RESOLVED That the Mayor is to make necessary
technical changes, if needed, in consultation representing the City
regarding this issue to facilitate timely closing documents.
BE IT FURTHER RESOLVED That are authorized to
sign the Offer to Purchase, and name of the City
and to extend the acceptance
DATED THIS - DAY OF ,2001 \ SPONSORED BY: \
This is to certify that this is a true and accurate copy of Resolution #256-2001 which
was adopted by the Common Council of the City of Muskego. \
I 12/0ljmb
Clerk-Treasurer /
. 1-1-00 (Mandalory Use Dale)
7-1-99 (Optional Use Oak) I VACANT LAND OFFER TO PURCHASE I
0 21 GENERAL PROVISIONS I The Buyer, City of Muskego
3 offers to purchase the ProDem known as [Street Address] Southeast 8.76 acres of Lot 143. Quietwood Creek
5 Wisconsin. (Inserl additional description, it any, at lines 179 - 187 or attach as an addendum. line 188). on the following terms:
4 in the Citv of Muskego , Countv of Waukesha
6 PURCHASE PRICE: See Addendum A
7
8.- -
9- __
EMIafd- b
~
. ..
10 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below.
11 m ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer. free and clear of
12 encumbrances. all fixtures. as defined at lines 15 - 18 and as may be on the Properly on the date of this Offer. unless excluded at line 14,
13 and the following additional items: None
14 ITEMS NOT INCLUDED IN THE PURCHASE: None
15A 'Fixture" is defined as an item of properly which is physically anached lo or so closely associated with land so as to be treated as part
16of the real estate. including, without limitation. physically anached items not easily removable without damage to the Property. items
17specifically adapted to the Property. and items customarily treated as fixtures including but not limited to all: perennial crops; garden
18 bulbs; plants; shrubs and trees. CAUTION: Annual crops are not included in the purchase price unless otherwise agreed at line 13.
20 IACCEPTANCE I Acceptance occurs when all Buyers and Sellers have signed an identical copy of the Offer. including signatures on
21 separate but identical copies of the Offer. CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider
22 whether short term deadlines running from acceptance provide adequate time for binding acceptance and performance.
23 I BINDING ACCEPTANCE I This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to Buyer on or
24 before December 18,2001
251 DELIVERY OF DOCUMENTS AND WRITTEN NOTICE4 Unless otherwise stated in this Offer, delivery of documents and written notices
CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
2610 a Party shall be effective only when accomplished by one of the methods specified at lines 27- 36.
27 (1) By depositing the document or written notice postage or fees prepaid in the US. Mail or fees prepaid or charged to an account with
28 a commercial delivery service, addressed either to the Party, or to the Party's recipient for delivery designated at lines 30 or 32 (if any),
29 for delivery to the Party's delivery address at lines 31 or 33.
30 Seller's recipienl for delivery (optional): George 6. Erwin, 111
32 Buyefs recipient for delivery (Optional): Mayor David L. DeAngelis
31 Seller's delivery address: 2300 North Mayfair Road, Suite 1175, Milwaukee, WI 53226-1553
33 Buyefs delivery address: W182 S8200 Racine Avenue, Muskego, WI 53150
34 (2) By giving the document or men notice penonally to the Party or he Party's recipient for delivery if an individual is desgnaled at lines 30 or 32.
35 (3) By fax transmission of the document or written notice to the following telephone number:
36 Buyer: ( 262 ) 679-5630 Seller: ( 2 ) 258-5487
37lOCCUPANCY I Occupancy of the entire Properly shall be given to Buyer at time of closing
19 =- R
a
. ..
38 8
39 t. . .. ..
40 -=Aw!=l-
41
42 hs+)+my.
43 I PLACE OF CLOSING] This transaction is lo be closed at the place designated by Buyets mortgagee or Buyer
44 no later than December 31
45 ICLOSING PRORATIONS I The following items shall be prorated at closing: real estate taxes, rents. private and municipal charges,
, 2001 unless another date or place is agreed to in writing.
46 property ownefs association assessments. fuel and None
47 Any income, taxes or expenses shall accrue to Seller, and be prorated. Ihrwgh the day prior to Closing.
48 Net general real estate taxes shall be prorated based on (the net general real estate taxes for the current year, if known, otherwise On
49 the net general real estate taxes for the preceding year) (
50 ~ ~ )I STRIKE AND COMPLETE AS APPLICABL~
51 CAUTION: If proration on the basis of net general real estate taxes is not acceptable (for example, completed/pending
52 reassessment, changing mill rate, lottery credits), insert estimated annual tax or other formula for proration.
54 PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice
55 or knowledge of conditions affecting the Property or transaction ~
53 PROPERTY CONDITION PROVISIONS]
... ..
' 60
59
61
62 & 66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
89
90
91
92
93
ea
&
97
98
100
99
102
101
103
104
105
106
108
107
109
110
111
112
113
114
115
116
117
118
120
119
121
122
123
124 @65
127
128
129
130
131
132
b A 'condition affecting the Property or transaction" is defined as follows:
(a) planned or commenced public improvements which may result in special assessments or otherwise materially affect the Property
(b) completed or pending reassessment of the Property for property tax purposes;
(c) government agency or court order requiring repair, alteration or correction of any existing condition;
(d) any land division involving the subject Property. for which required state or local approvals had no1 been obtained;
(e) any portion of the Property being in a 100 year floodplain, a wetland or shoreland zoning area under local. state or federal laws; (9 condilions constituting a significant health or safety hazard for occupants of Property;
(9) underground or aboveground storage tanks on the Property for storage of flammable or combustible liquids including but not limited to
gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Wis. Adm. Code, Chapter
Comm IO contains registration and operation rules for such underground and aboveground storage tank
IPage 2 of 51
or the present use of the Property;
(h) material violations of environmental laws or other laws or agreements regulatmg the use of the Property;
(i) high voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not direcUy serving the Property:
ti) any portion of the Property being subject to. or in violation of, a Farmland Preservation Agreement under a County Farmland Preservation
(k) boundary disputes or material violation of fence laws (Wis. Stats. Chapter 90) which require the erection and maintenance of legal
Plan or enrolled in, or in violation of, a Forest Crop, Woodland Tax, Managed Forest. Conservation Reserve or comparable program;
(I) WellS on the Property required lo be abandoned under state regulations (Wis. Adm. Code NR 112.26) but which are not abandoned;
fences between adjoining properties where one or both of the properties is used and occupied for farming or grazing purposes;
(m) cisterns or septic tanks on the Property which are currently not servicing the Property;
(n) subsoil condhns which would significantly increase the cost of the development proposed at lines 271 - 272. 1 any, including. but not limited
lo, subsurface foundations. organic or non-organic fill. dumpsites or containers on Property which contained or currently contain toxic or
hazardous materials. high groundwater. mil conditions (e.g. low load bearing capacity) or excessive rocks or rock formations on the Property:
(0) a lack of legal vehicular access to the Property from public roads;
(p) prior reimbursement for corrective action costs under the Agricultural Chemical Cleanup Program: (Wis. Stats. 594.73.)
(4) other conditions or occurrences which would significantly increase the cost of the development proposed at lines 271 to 272 or
reduce the value of the Property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
PROPERTY DIMENSIONS AND SURVEYS: Buyer acknowledges that any land dimensions, total square footage/aueage figures.
or allocation of acreage information. provided to Buyer by Seller or by a broker, may be approximate because of rounding or other
reasons, unless verified by survey or other means. CAUTION: Buyer should verify land dimensions, total square footagdacreage
figures or allocation of acreage information if material to Buyer's decision to purchase.
ISSUES RELATED TO PROPERTY DEVELOPMENT: WARNING: If Buyer contemplates developing Properly or a use other than the
current use, there are a variety of issues which should be addressed to ensure the development or new use is feasible. Municipal and zoning
ordinances, recorded building and use restrictions. covenants and easements may prohibit certain improvements or uses and therefore should
assessments. charges for installation of roads or utilities. environmental audits, subsoil tests, or other development related fees may need
be reviewed. Building permits, zoning variances, Architectural Control Committee approvals, estimates for utility hwk-up expenses, special
which allow Buyer to investigate certain of these issues can be found at lines 271 - 314 and Buyer may add contingencies as needed in
to be obtained or verified in order to determine the feasibility of development of. or a particular use for, a property. Oplional contingencies
addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be addressed
in these contingencies.
are reasonably necessary to salisfy the contingencies in this Offer. Buyer agrees to promptly provide copies of all such inspection
INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice if the inspections
reports to Seller, and to listing broker if Property is listed. Furthermore. Buyer agrees to promptly restore the Property to ils original
of the Property which does not include testing of the Properly. other than testing for leaking LP gas or natural gas used as a fuel source,
condition aHer Buyeis inspections are completed, unless otherwise agreed in this Offer. An 'inspection' is defined as an observation
which are hereby authorized.
TESTING: Except as otherwise provided. Seller's authorization for inspections does not authorize Buyer to conduct testing of the Property.
A 'test" is defined as the laking of samples of materials such as soils, water, air or building materials from the Property and the labratory
or other analysis of these materials. If Buyer requires testing. testing contingencies must be specifically provided for at lines 179 - 187 or
of the test, (e.g.. to determine if environmental contamination is present). any limitations on Buyeis testing and any other material terms of
in an addendum per line 188. Note: Any contingency authorizing testing should specify the areas of the Property lo be tested, the purpose
the contingency (e.9.. Buyets obligation to return the Property to its original condition). Seller acknowledges that certain inspections or tests
may detect environmental pollution which may be required to be reported to the Wisconsin Department of Natural Resources.
have the right to inspect the Property lo determine that there has been no significant change in the condilion of the Property. except for
PRE-CLOSING INSPECTION: At a reasonable time. preapproved by Seller or Sellefs agent. within 3 days before closing, Buyer shall
changes approved by Buyer.
occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer. except for ordinary wear and tear. If. prior
PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or
to closing, the Property is damaged in an amount of not more than five per cent (5%) of the selling price. Seller shall be obligated to repair
the Property and restore it lo the same condition that it was on the day of this Offer. If the damage shall exceed such sum. Seller shall
promptly notify Buyer in writing of the damage and this Offer may be canceled at the option of Buyer. Should Buyer elect to carry out this
Offer despite such damage, Buyer shall be entitled to the insurance proceeds relating lo the damage to the Property. plus a credit towards
the purchase price equal to the amount of Seller's deductible on such policy. However, if this sale is financed by a land contract or a
Wisconsin Statutes section 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal
mort a e to Seller, the insurance proceeds shall be held in trust for the sole purpose of resloring the Property.
shares where one or both of the properties is used and occupied for farming or grazing purposes. CAUTION: Consider an agreement
addressing responsibility for fences if Property or adjoining land is used and occupied for farming or grazing purposes. I DELlVERYiRECElPT 1 Unless otherwise stated in this Offer. any signed document transmined by facsimile machine (fax) shall be treated
in all manner and respecls as an original document and the signature of any Party upon a document transmined by fax shall be considered
by Buyer or Seller. Once received, a notice cannot be withdrawn by the Party delivering the nolice without the consent of the Party receiving
an original signature. Personal delivery to. or actual receipt by, any named Buyer or Seller constitutes personal delivery to. or actual receipt
the notice. A Party may not unilaterally reinstate a contingency aHer a notice of a contingency waiver has been received by the other Party.
The delivery provisions in this Mer may be modified when appropriate (e.g., when mail delivery is nol desirable (see lines 25 - 36)).
Buyer and Seller authorize the agents of Buyer and Seller to distribute copies of lhe Gff~ to Buyeis lender. appraisen. tale insurance companies
and any olher senlement service providers for the transaction as defined by the Real Estate Senlemenl Procedures Act (RESPA).
133 PROPERTY ADDRESS: Southeast 8.76 acres of Lot 143. Quietwood Creek, Muskego, Wisconsin [page 3 of 51
134 \TIME IS OF THE ESSENCE 1 "Time is of the Essence" as to: (1) earnest money payment(s); (2) binding acceptance: (3) occupancy; (4)
135 date of closing; (5) contingency deadlines I STRIKE AS APPLICABLE 1 and all other dates and deadlines in this Ofler e
136 If "Time is of the Essence"
37 applies to a dale or deadline, failure to perform by the exact date or deadline is a breach of contract. If "Time is of the Essence" does
8 not apply to a date or deadline. then performance within a reasonable time of the date or deadline is allowed before a breach occurs.
139 IDATES AND DEADLINES I Deadlines expressed as a number of 'days' from an event. such as acceptance. are calculated by excluding
140 the day the event occurred and by counting subsequent calendar days. The deadline expires at midnight on the last day. Deadines
141 expressed as a specific number of "business days" exclude Saturdays, Sundays, any legal public holiday under Wlsconsin or Federal
142 law. and other day designated by the President such that the postal service does not receive registered mail or make regular deliveries
4-43 on that day. Deadlines expressed as a specific number of "hours" from the occunence of an event, such as receipt of a notice. are
144 calculated from the exact time of the event. and by counting 24 hours per calendar day. Deadlines expressed as a specific day of the
145 calendar year or as the day of a specific event, such as closing, expire at midnight of that day.
146 THE FINANCING CONTINGENCY PROVISIONS AT LINES 148 - 162 ARE A PART OF THIS OFFER IF LINE 148 IS MARKED,
147 SUCH AS WITH AN "X"~ THEY ARE NOT PART OF THIS OFFER IF LINE 148 IS MARKED NIA OR IS NOT MARKED.
148 0 FINANCING CONTINGENCY: This Offer is contingent upon Buyer being able to obtain a
149 I INSERT LOAN PROGRAM OR SOURCE I first mortgage loan commitment as described below. within days of acceptance of this
150 Offer. The financing selected shall be in an amount of not less than S for a term of not less than years,
151 amortized over not less than
152 Monthly payments may also include 11121h of me estimated net annual real estate taxes. hazard insurance premiums, and private
years. Initial monthly payments of principal and interest shall not exceed 5
153 mortgage insurance premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee not to exceed
155 costs.) If the purchase price under this Offer is modified, the financed amount. unless otherwise provided, shall be adjusted
% of the loan. (Loan fee refers to discount points andlor loan origination fee. but DOES NOT include Buyer's other closing
156 to the same percentage of the purchase price as in this contingency and the monthly payments shall be adjusted as necessaly to maintain
157 the term and amortization stated above. CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 158 OR 159.
158 0 FIXED RATE FINANCING The annual interest rate shall not exceed %
159 0 ADJUSTABLE RATE FINANCING The initial annual inlerest rate shall not exceed %. The initial interest rate shall
160 be fixed for months. at which time the interest rate may be increased not more than -
161 interest rate during the mortgage lerm shall not exceed
% per year. The maximum
162 to reflect interest chanaes.
%. Monthly payments of principal and interest may be adjusted
163 LOAN COMMITMENT: Buyer agrees lo pay all customary financing costs (including closing fees). to apply for financing promptly. and
64 to provide evidence of application promptly upon request by Seller. If Buyer qualifies for Ihe financing described in this Offer or other
166 commitment at line 149. Buye~s delivety of a copy of any written loan commitment to Seller (even if subject to conditions) shall
65 financing acceptable to Buyer. Buyer agrees to deliver to Seller a copy of the writlen loan commitment no later than the deadline for loan
167 satisfy the Buyer's financing contingency unless accompanied by a notice of unacceptabilily. CAUTION: BUYER. BWERS LENDER
168 AND AGENTS OF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WTTHOUT BUYERS PRIOR
169 APPROVAL OR UNLESS ACCOMPANIED BYA NOTICE OF UNACCEPTABILITY.
171 delivers a writlen notice of termination to Buyer prior to Seller's actual receipt of a copy of Buyer's wrinen loan commitment.
170 SELLER TERMINATION RIGHTS If Buyer does not make timely delivery of said commitment. Seller may terminate this Offer if Seller
172 FINANCING UNAVAILABILITY If financing is not available on the terms slated in this Offer (and Buyer has not already delivered an
173 acceptable loan commitment for other financing to Seller), Buyer shall promptly deliver written notice to Seller of same induding copies
174 of lender(s)' rejection letter(s) or other evidence of unavailability. Unless a specific loan source is named in this Offer. Seller shall then
175 have 10 days to give Buyer written notice of Sellefs decision to finance this transaction on the same terms set forth in this Offer and this
176 Offer shall remain in full force and effect, with the time for closing extended accordingly. If Seller's notice is not timely given. this Offer shall
177 be null and void. Buyer authorizes Seller to obtain any credit information reasonably appropriate to determine Buyefs credit WOllhineSS
178 for Seller financing.
179 ~DDITIONALPROVISIONSKONTINGENCIES] NIA
180
181
182
183
184
a3
el
185
186
187
188 ADDENDA:The attached Addendum A iske made pari of this Offer. dag ~ITLE EVIDENC~
191 conveyance as provided herein) free and clear of all liens and encumbrances. except municipal and zoning ordinances and
90 rn CONVEYANCE OF TITLE: Upon payment of I-. Seller shall convey the Property by warranty deed (or other
192 agreements entered under them. recorded easernenls for the distribution of utility and municipal services. recorded building and use
193 restrictions and covenants. general taxes levied in the year of closing and none other
194
195
196 for purposes of this transaction. Seller further agrees lo complete and execute the documents necessaw to record the conveyance.
(orovided none of the foreaoina orohibit oresenl use of the Prooertv). which constitules merchantable title
, 197 i FORM OF TITLE EVIDENCE: Seller shall give evidence ot titie in the form of an ownefs policy of title insurance in the amounl of the
198 purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wlsconsin. CAUTION: IF TITLE
200 PROVISION OF MERCHANTABLE TITLE: Seller shall pay all costs of providing title evidence. For purposes of closing. title evidence
199 EVIDENCE WILL BE GIVEN BY ABSTRACT. STRIKE TITLEINSURANCE PROVISIONS AND INSERT ABSTRACT PROVISDNS.
201 shall be acceptable if Ihe commitment for the required title insurance is delivered to Buyer's attorney or Buyer not less lhan 3 business
02 days before closing. showing lille to Ihe Property as of a date no more than 15 days before delivery of such litle evidence to be
03 merchantable. subject only lo liens which will be paid out of the pmceeds of dosing and standard We insuranCe requirements and
204 exceptions. as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDATING THE EFFECTIVE DATE OF THE TITLE
205 COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE
206 EFFECTIVE DATE OF THE COMMITMENT AND THE DATE THE DEED IS RECORDED.
207 TITLE ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of objections to lille by
208 the time set for closing. In such event, Seller shall have a reasonable time, but not exceeding 15 days, lo remove said objections, and
209 the time for closing shall be extended as necessary lor lhis purpose. In the event thal Seller is unable to remove said objections. Buyer
210 shall have 5 days from receipt of notice Ihereof. to deliver wntten notice waiving the objections. and the time for closing shall be extended
211 accordingly. If Buyer does not waive the objections. this Offer shall be null and void. Providing title evidence acceptable for dosing does
212 not extinguish Sellefs obligations lo give merchantable titie to Buyer.
213 SPECIAL ASSESSMENTS: Special assessments. if any, for work actually commenced or levied prior lo date of this Offer shall be
214 paid by Seller no later than closing. All other special assessments shall be paid by Buyer. CAUTION: Consider a special agreement
215 if area assessments, property owner's association assessments or other expenses are contemplated. 'Other expenses" are one
216 time charges or ongoing use fees for public improvements (other lhan those resulting in special assessments) relating lo curb, gutler.
217 street. sidewalk, sanitary and stormwater and storm sewer (including all sewer mains and hook-ups and interceplor charges). parks. street
218 lighting and street trees. and impact fees for other public facilties. as defined in Wis. Stat. 5 66.55(1)(c) 8 (9.
219 I ENTIRE CONTRACT I This Offer. including any amendments to it. contains the entire agreement of the Buyer and Seller regarding Ihe
221 the Parties lo this Offer and their successors in interest.
220 transaction. All prior negotiations and discussions have been merged info this Offer. This agreement binds and inures to the benefit of
223 Seller and Buyer each have Ihe legal duty lo use good faith and due diligence in completing the terms and conditions of this Offer. A
225 other legal remedies,
224 material failure to perform any obligation under this Offer is a default which may subjecl he defaulting party to liability for damages ff
226 If Buver defaults. Seller may:
227 (1) sue for specific performance and requesl the earnest money as partial payment of the purchase price; or
228 (2) terminate the Offer and have the option to: (a) request the eamesl money as liquidated damages: or (b) direct Broker to return
229 the earnest money and have the option to sue for actual damages.
230 If Seller defaults. Buyer may:
231 (1) sue for specific performance: or
Page 4 of 5
e
222 mi
4: In addition. the Parties may seek any other remedies available in law or equity.
(2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.
235 discretion of Ihe courts. If either Party defaults. the Parties may renegotiate the Offer or seek nonjudicial dispule resolution instead of
The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the
237 covered by the arbitration agreement.
236 the remedies outlined above. By agreeing to binding arbitration. Ihe Parties may lose the right to litigate in a court of law those disputes
238 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT, BOTH PARTIES SHOULD READ
239 THIS DOCUMENT CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT
240 ARE PROHiBlTED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR
241 HOWTITLE SHOULD BE TAKEN AT CLOSING. AN ATrORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
243 HELD BY: Unless otherwise agreed, earnest money shall be paid to and held in the trust account of the listing broker (buyefs agent
245 CAUTION: Should persons other than a broker hold earnest money, an escrow agreement should be drafted by the Parties
244 il Property is not listed or seller if no broker is involved), until applied to purchase price or othemise disbursed as paridej h he Ok.
246 or an attorney. If someone olher than Buyer makes payment of earnest money, consider a special disbursement agreemenl
247 DISBURSEMENT: If negobations do not result in an accepted offer, he earnest money shall be promptly disbursed (afler dearance
248 hum payor's depsitory institution if earnest money is paid by check) to the penon(s) who paid the earnest money. At dosing. earnest
249 money shall be disbursed according to the closing statement. If this Offer does not close. the earnest money shall be disbursed according
251 to purchase is not a written disbursement agreement pursuant lo which the broker may disburse). If said disbursement agreement has
250 to a wrinen disbursement agreement signed by all Parties to this Offer (Note: Ws. Adm. Code 5 RL 18.09(l)(b) provides that an offer
252 not been delivered to broker within 60 days after the date set for closing. broker may disburse the earnest money: (1) as directed by
253 an attorney who has reviewed the bansaction and does not represent Buyer or Seller: (2) into a court hearing a lawsuit involving the
254 earnest money and all Parties to ais Offer: (3) as directed by court order; or (4) any olher disbursement required OT allowed by law.
255 Broker may retain legal services to direct disbursement per (1) or to file an interpleader action per (2) and broker may deduct from the
256 earnest money any costs and reasonable attorneys fees. no1 to exceed $250. prior to disbursement.
257 LEGAL RIGHTSIACTION: Broker's disbursement of earnesl money does not determine the legal rights of Ihe Parties in relation to this
258 Offer. Buyer's or Seller's legal right to earnest money cannot be determined by broker. At least 30 days prior to disbursement per (1)
259 or (4) above, broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or Seller disagree with broker's
260 proposed disbursement. a lawsuit may be filed to obtain a court order regarding disbursement. Small Claims Court has jurisdiclion over
261 all earnest money disputes arising out of the sale of residential property with 1-4 dwelling units and certain olher earnest money disputes.
262 Buyer and Seller should consider consulting attorneys regarding their legal rights under lhis Offer in case of a dispute. Both Parties
63 agree to hold the broker harmless from any liability for good faith disbursement of earnest money in accordance with this Offer Or
M applicable Department d Regulation and Licensing regulabons mnceming eamesl money. See WIS. Adm. Code Ch. RL 18. NOTE:
265 WlSCONSlN LICENSE LAW PROHlBrrS A BROKER FROM GMNG ADVICE OR OPINIONS CONCERNING THE LEGAL RIGHTS
242 I EARNEST MONEV~
e
266 OR OBLIGATIONS OF PARTIES TO A TRANSACTlON OR THE LEGAL EFFECT OF A SPECIFIC CONTRACT OR CONVEYANCE.
267 AN AlTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED.
268 PROPERTY ADDRESS Southeast 8.76 acres of Lot 143. Quietwood Creek, Muskego. Wisconsin [page 5 of 51
269 OPTIONAL PROVISIONS THE PARAGRAPHS AT LINES 271- 314 WHICH ARE PRECEDED BY A BOX ARE A PART OF THIS OFFER IF
270 MARKED, SUCH AS WITH AN"X". THEY ARE NOT PART OF THIS OFFER IF MARED NIA OR ARE LEFT BLANK.
271 =PROPOSED USE CONTINGENCY: Buyer is purchasing the Property for the purpose Of:
~ This Offer is contingent upon Buyer obtaining the following:
0 Written evidence at (Buyer's) (Sellefs) I STRIKE ONE I expense from a qualified soils expert lhat the Property is free of any subsoil
74 condition which would make the Droposed develooment impossible or significantly increase the Costs of such development. ..
275 0 Written evidence at (Buyer's) (Seller's) I STRIKE ONE I expense from a ceafied soils tester or other qualified expert that indicates that
276 the Pron~rtv'a soils at ln~illinns darlwl hv Btwpr and all nlhnr rnndilinna whirh rnnnst he annrnvd tn nhlain il nwrnil Fnr an arrenlahle nrivale
277 septic system for: [insert proposed use of Property; e.g.. three
278 bedroom single family home] meet applicable codes in effect as of the date of this offer. An acceptable system includes all syslems approved
279 for use by the State for the type of property identified at line 277. An acceptable system does no1 include a holding tank, privy. composling
280 toilet or chemical toilet or olher systems (e.g. mound system) excluded in additional provisions or an addendum per lines 179 - 188.
282 Property and a written determination by a qualified independent third party that none of these prohibit or significantiy delay or increase
283 the costs of the proposed use or development identified at lines 271 to 272.
285 of such permits. approvals and licenses at (Buyer's) (Seller's) I STRIKE ONE I expense for Ihe following items related to the proposed
286 development
287 0 Written evidence at (Buyer's) (Seller's) I STRIKE ONE I expense that the following utility connections are located as lollows (e.g..
288 on the Property. at the lot line across the street. etc.): electricity ; gas : sewer
289
290
;water ;telephone ; other
291 written notice to Seller specifying those items of this contingency which cannot be satisfied and written evidence substantiating why each
This proposed use contingency shall be deemed satisfied unless Buyer within days of acceplance delivers
292 specific item included in Buyer's notice cannot be satisfied.
293 0 MAP OF THE PROPERTY: This Offer is wntingent upon (Buyer obtaining) (Seller rovidin STRIKE ONE a map of the Property prepared
294 by a registered land surveyor, within - days of acceptance, at (Buyer's) (Seller's) fA5= STRIKE ONE expense. The map shall identify the legal
295 description of the Property. he Propews boundaries and dimensions, visible encmachments upOn the Property. the location of improvements.
296 if any. and:
297
298 which may be added include, but are not limited to: specifying how current the map must be; staking of all wmers 01 the Property; identifying
299 dedicated and apparent streets, lot dimensions, total acreage or square footage. easements or rightsdway. CAUTION: Consider the cost
300 and the need for map features before selecting them. The map shall show no significant encroachment(s) or any information materially
01 inconsistent with any prior representations to Buyer. This contingency shall be deemed satisfied unless Buyer. within five days of the earlier
02 of: 1) Buyer's receipt of the map. or 2) the deadline for delivery of said map. delivers lo Seller, and to listing broker if Property is listed. a copy
303 of the map and a written notice which identifies the significant encroachmenl or the information materially inwnsislent with prior representations.
304 0 INSPECTION CONTINGENCY This Offer is contingent upon a qualified independent inspector(s) conducting an inspection(s). at
305 Buyer's expense. 01 the Property and
306
307 unless Buyer within days of acceptance delivers to Seller, and to listing broker if Property is listed. a wpy Of the inspector's
308 written inspection report and a written notice listing the defects identified in the report to which Buyer objects. This Offer shall be null and
309 void upon timely delivery of the above notice and report. CAUTION: A proposed amendment will not satisfy this notice regUirement
310 Buyer shall order the inspection and be responsible for all costs of inspection. including any inspections required by lender or follow-up to
311 inspection. Note: This contingency only authorizes inspections. not testing. see lines 98 to 110. For the purposes of this contingency a defect
312 is defined as any condition of the Property which Constitutes a significant threat to the health or safety of persons who occupy Or use the
313 Property or gives evidence of any material use. storage or disposal of hazardous or toxic substances on he Property. Defects do not include
314 wnditions the nature and extent of which Buyer had actual knowledge or written notice before signing this Offer.
281 0 Copies at (Buyer's) (Seller's) 1 STRIKE ONE1 expense of all public and private easements. covenants and restrictions affecting the
284 0 Permits. approvals and licenses, as appropriate. or the final discretionary aclion by the granting authority prior to the issuance
~
~
TRIKE AND COMPLETE AS APPLICABLE I Additional map features
Q
which disdoses no defects as defined below. This wntinoencv shall be deemed satisfied
315 This Offer was drafted on 1ZlOI2001 [date] by [Licensee and firm] John P. Yenb. Esq.. von Brlesen. Purtell a Roper, S.C.
316 (x) CITY OF MUSKEG0
317 Buyer's Signature Print Name Here: ' Social Security No. or FElN Date
318 (x) By:
319 Buyer's Signature Print Name Here: ' Social Security No. or FElN Date
320 EARNEST MONEY RECEIPT Broker acknowledges receipt of earnest money as per line 8 of the above Offer. [See lines 242 - 267)
321 Broker (By)
322 SELLER ACCEPTS THIS OFFER. THE WARRANTIES. REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER SURVNE CLOSINaND
323 THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVM THE PROPERTY ON THE ERMS AND CONDMONS AS SETFORTH
324 HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
325 (x)
326 Seller's Signature Print Name Here: ' Social Security No. or FElN Date
327 (x) a 28 Seller's Signature Print Name Here: ' Social Security No. or FElN Dale
29 This Offer was presented to Seller by on
330 THIS OFFER IS REJECTED THIS OFFER IS COUNTERED [See attached cwnte~]
331 Seller Initials Dale Seller Initials Dale
I at a.m.Ip.m.
614550.1
ADDENDUM A TO CITY OF MUSKEGO’S OFFER TO PURCHASE
This Addendum A is made a part of the Offer to Purchase dated December ~ , 200 I, for the
purchase of the land known as the Southeast 8.76 Acres of Lot 143, Quietwood Creek, City of
Muskego, Wisconsin (the “Property”).
1. Purchase Price. The value of the Property has been determined by Seller’s appraiser,
Vitale Realty Advisors, LLC, to be $1,070,000. Buyer takes no position with respect to
the value of the Property, but does accept the requirement that it pay $425,000 at Closing
and does acknowledge that the balance of the value of the Property, which Seller
represents to be an additional $645,000, is deemed to be a part of this Agreement as a
charitable contribution. Buyer takes no responsibility, nor shall it be required in the
future to take any action with respect to verifying or substantiating any charitable
contribution portion of this transaction. Buyer’s execution of the Wisconsin Real Estate
Transfer Return, to the extent that it reflects a $1,070,000 purchase, shall simply be to
verify the terms of this Offer.
2. Eminent Domain. Buyer agrees that this Offer is made in lieu of a condemnation
proceeding pursuant to Chapter 32 of the Wisconsin Statutes. Seller acknowledges that
acceptance of this Offer shall extinguish any and all rights, if any, to additional
compensation under the Wisconsin condemnation statutes, and Seller further represents:
Seller acknowledges that it has had a face-to-face meeting with the City as
contemplated by Wis. Stats. 9 32.06(2a).
Seller acknowledges that it has received any pamphlets or information which the
City may be required to provide under Wis. Stats. 4 32.06(2a).
Seller acknowledges that it has or has access to an appraisal which would
constitute any appraisal to which it would be entitled under Wis. Stats. §
32.06(2)(b).
Seller waves any applicable agricultural or environmental impact statement to
which it may be entitled.
Seller waives any relocation benefits for which it may be eligible under Wis.
Stats. 5 32.19.
Seller waives any rights it may have under Wis. Stats. §32.06(2a) to the list of
offerees and maps showing all property affected by the proposed construction of a
community center.
Seller waives the right to contest just compensation under Wis. Stats. 5 32.09(6),
and instead mutually agrees with the City that just compensation has been
afforded upon the payment terms described in this Offer.
Seller waives any right to appeal the purchase price under Wis. Stats. §32.06(2a)
to a condemnation commission.
Seller waives any right to petition the circuit court under Wis. Stats. §32.06(5) to
contest the City’s right to condemn.
Seller waives its right to recover costs and expenses under Wis. Stats. 5 32.28.
Seller acknowledges that it has received the advice and assistance of legal counsel
in connection with the transaction contemplated by this Offer.
3. Retention Pond.
The approximate boundaries of the Property are indicated on the Site Plan
attached to this Offer as Exhibit I. At the time of Closing, the retention pond
easement immediately west of the Property shall be terminated by the parties and
relocated on the Property being acquired by Buyer.
Buyer will use its reasonable efforts to assist the Seller to mitigate and move the
existing wetlands west of the Property, provided the retention ponds proposed on
the Property are not yet constructed, and in any event, Buyer shall have no
obligation to assist the Seller to mitigate and move the wetlands after December
31,2002.
After Closing, Buyer will obtain all necessary permits and approvals to construct
the retention ponds to be located on the Property Buyer shall pay for all fees
associated with obtaining the permits and approvals and shall use its reasonable
best efforts to complete construction of the ponds in a timely manner or by a date
mutually agreed upon by Buyer and Seller.
At the time of Closing, Buyer and Seller will enter into an agreement concerning
the maintenance responsibilities of the pond.
The plans and specifications of the retention ponds shall he prepared by Buyer.
The ponds shall comply with the requirements of the Quietwood Creek
Developer’s Agreement between Buyer and Seller.
4. SewedWater. Buyer agrees that it will extend sewer and water from the south property
line of the Property to the north property line of the Property. In addition, Buyer will
provide Seller with an easement along the south property line of the Property, to Seller’s
parcel adjoining the west property line of the Property.
5. Access Road. Buyer acknowledges its intention to extend an access road from County
Highway “L” across Seller’s property and connecting to the Moorland Road extension.
a 6. Additional Right-of-way - Janesville Road. At or prior to Closing, Seller shall convey to
Buyer an additional five (5) feet of right-of-way on County Highway “L.” The additional
five (5) feet will increase the right-of-way from a width of 55 feet to a width of 60 feet.
Prior to the date this Offer is accepted, Seller has delivered to Buyer any environmental studies
of the Property that are in Seller’s possession.
CITY OF MUSKEG0 (Buyer)
By: Date:
David L. DeAngelis, Mayor
By: Date:
, City Clerk
Seller accepts this Offer and Addendum A. The undersigned hereby agrees to convey the above
mentioned Property on the terms and conditions as set forth herein and acknowledges receipt of a
copy of this Offer.
QUIETWOOD CREEK, LLC
By:
William W Carity, Member
614556.1
Date:
EXHIBIT 1
SITE MAP