CCR2003028'8
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COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #028-2003
OFFER TO PURCHASE. IHDE
(Roadway and Infrastructure Improvements)
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
authorize the execution of the attached Offer to Purchase for the John and Jan Ihde
property for a future roadway and infrastructure improvements.
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 and/or closing dates, if necessary.
DATED THIS 11TH DAY OF FEBRUARY ,2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Patrick Patterson
This is to certify that this is a true and accurate copy of Resolution #028-2003 which
was adopted by the Common Council of the City of Muskego.
~/( CI Treasurer 'ff7~
1/03jmb
Appmved by the Wisconsin Department of RegulaHon and Licensing .
i:1:ıı ~ß~~~~f~~sðs~aó';,\.) I WB-13 VACANT LAND OFFER TO PURCHASE I
1
. 2~TheBuyer, CITY OF MUSKF.r.,o. "Wi<:rrm<:in MnniriJ:"'l r'nrp;rriHrm
3 offers to purchase the Property known as [Street Address] see attached legal descnption
4 inthe Clty of Muskego ,CouDtyof Waukesha
5 Wisconsin, (Insert additional description, if any, at lines 179 - 187 or attach as an addendum, line 188), on the following terms:
6. PURCHASE PRICE: Zero -------------------------------------------------------------------- 7 ------------------------------------------------- Dollars ($ 0.00-------------------------- ).
8. EARNEST MONEY of $ n/a accompanies this Offer and eamest money of $ n/a
9 will be paid within n/ a days of acceptance.
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
12 encumbrances, 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,
13 and the following additionalitems: None
14 . ITEMS NOT INCLUDED IN THE PURCHASE PRICE: None
15 A "Fixture" is defined as an item of property which is physically attached to or so closely associated with land so as to be treated as part
16 of the real estate, including, without limitation, physically attached items not easily removable without damage to the Property, items
17 specifically 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.
19 . ZONING: Sellerrepresents thatthe Property is zoned
20 ~ 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 both binding acceptance and performance.
23 ~ This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to Buyer on or
24 before . CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
25 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES 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),
20 for delivery to the Party's delivery address at lines 31 or 33.
30Seller'srecipientfordelivery(optional): John L. Ihde and Jan J. Ihde
31 Seller's delivery address: 1810 Marquardt Road, Wausau, WI 54401
32 Buyer's recipientfordelivery (optional): Mayor Mark A. Slocomb
33 Buyer's delivery address: City of Muskeqo. P.O. Box 749. Muskeqo. WI 53150-0749 .
34 (2) By giving the document or written notice personally to the Party or the Party's recipient for delivery ff an individual is designated 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: ( )
37 ~ Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in this Offer (lines
38 179- 187 or in an addendum per line 188). Occupancy shall be given subject to tenant's rights, if any. Caution: Consider an agreement
39 which addresses responsibility for clearing the Property of personal property and debris, if applicable.
40 ~ If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights under said
41lease{s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the (written) (oral) ~E ONE I
42 lease{s),ffany, are No leases. written or oral, affect this property. .
43 ~ This transaction is to be closed at the Muskeqo City Hall
44 no later than unless another date or place is agreed to in writing.
45~ 46P
.47
48
49
50
51
52r
53 PROPERTY CONDITION PROVISIONS . 54. PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice
55 or knowledge of condition~ affecting the Property or transaction (
56 :..
Wisconsin Lega' Btank Co.. Inc.
Milwaukee. Wis.
Page 1 of 5
See attached Addendum #1
~
,
59 A "condition affecting the Property or transaction" is defined as follows: [page 2 of 5. WB-13]
60 (a) planned or commenced public improvements which may result in special assessments or otherwise materially affect the Property
61 or the present use of the Property;
62 (b) completed or pending reassessment of the Property for property tax purposes;
. 63 (c) government agency or court order requiring repair, alteration or correction of any existing condition;
64 (d) any land division involving the subject Property, for which required state or local approvals had not been obtained;
65 (e) any portion of the Property being in a 100 year fioodplain, a wetland or a shoreland zoning area under local, state or federal laws;
66 (f) conditions constituting a significant health or safety hazard for occupants of Property;
67 (g) underground or aboveground storage tanks on the Property for storage of flammable or combustible liquids including but not limited to
68 gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Wis. Adm. Code, Chapter
69 Comm 10 contains registration and operation rules for such underground and aboveground storage tanks:
70 (h) material violations of environmental laws or other laws or agreements regulating the use of the Property;
71 (i) high voltage electric (1 00 KV or greater) or steel natural gas transmission lines located on but not directly serving the Property;
72 (j) any portion of the Property being subject to, or in violation of, a Farmland Preservation Agreement under a County Farmland Preservation
73 Plan or enrolled in, or in violation of, a Forest Crop, Woodland Tax, Managed Forest, Conservation ReserVe or comparable program;
74 (k) boundary disputes or material violation of fence laws (Wis. Stats. Chapter gO) which require the erection and maintenance of legal
75 fences between adjoining properties where one or both of the properties is used and occupied for farming or grazing purposes;
76 (I) wells on the Property required to be abandoned under state regulations (Wis. Adm. Code NR 112.26) but which are not abandoned;
77 (m) cisterns or septic tanks on the Property which are currently not servicing the Property; .
78 (n) subsoil conditions which would significantly increase the cost of the development proposed aUines 271-272, if any, including, but not limited
79 to, subsurface foundations, organic or non-organic fill, dumpsites or containers .on Property which contained or cunrently contain toxic or
80 hazardous materials, high groundwater, soil conditions (e.g. low load bearing capacity) or excessive rocks or rock formations on the Property;
81 (o) a lack of legal vehicular access to the Property from public roads;
82 (p) prior reimbursement for corrective action costs under the Agricultural Chemical Cleanup Program; (Wis. Stats. ~94.73.)
83 (q) other conditions or occurrences which would significantly increase the cost of the development proposed at lines 271 to 272. or
84 reduce the value of the Property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
85.. PROPERTY DIMENSIONS AND SURVEYS: Buyer acknowledges that any 'Iand dimensions, total square footage/acreage figures,
86 or allocation of acreage information, provided to Buyer by Seller or by a broker, may be approximate because of rounding or other
87 reasons, unless verified by surveyor other means. CAUTION: Buyer should verify land dimensions, total square footage/acreage
88 figures. or allocation of acreage information if material to Buyer's decision to purchase.
89. ISSUES RELATED TO PROPERTY DEVELOPMENT: WARNING: If Buyer contemplates developing Property or a use other than the
90 current use, there are a variety of issue 5 which should be addressed to ensure the development or new use is feasible. Municipal and zoning
91 ordinances, recorded building and use restrictions, covenants and easements may prohibit certain improvements or uses and therefore should
92 be reviewed. Building permits, zoning variances, Architectural Control Committee approvals, estimates for utility hook-up expenses, special
93 assessments, charges for installation of roads or utilities, environmental audits, subsoil tests, or other development related fees may need
. 94 to be obtained or verified in order to determine the feasibility of development of, or a particular use for, a property. Optional contingencies
95 which allow Buyer to investigate certain of these issues can be found at lines 271 - 314 and Buyer may add contingencies as needed in
96 addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be addressed
97 in these conting.encies. .
98. INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon re.asonable notice if the inspections
99 are reasonably necessary to satisfy the contingencies in this Offer. Buyer agrees to promptly provide copies of all such inspection
100 reports to Seller, and to listing broker if Property is listed. Furthermore, Buyer agrees tò promptly restore the Property to its original
101 condition after Buyer's inspections are completed, unless otherwise agreed in this Offer. An "inspection" is'dèfined as an observation
102 of the Property which does not include testing of the Property, other than testing for leaking LP gas or natural gas used as a fuel source,
103 which are hereby authorized.
104 . TESTING: Except as otherwise provided, Seller's authorization for inspections does not authorize Buyerto conducttesting of the Property.
105A "test" is defined as the taking of samples of materials such as soils, water, air or building materials from the Property and the laboratory
106 or other analysis of these materials. If Buyer requires testing, testing contingencies must be specifically provided for at lines 179 -187 or
107 in an addendum per line 188. Note: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose
10B..of the test, (e.g., 10 determine if environmental contamination is present), any !imitations on Buyer's testing and any other material terms of
109 the contingency (e.g., Buyer's obligation to retum the Property to its original condition). Seller acknowledges that ærtain inspections or tests
110 may detect environmental pollution which may be required to be reported to the Wisconsin Department of Natural Resources.
111 . PRE-CLOSING INSPECTION: At a reasonable time, pre-approved by Seller or Seller's agent, within 3 days before closing, Buyer shall
112 have the right to inspect the Property to determine that there has been no significant change in the condition of the Property, except for
113 changes approved by Buyer. .' 114. PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the eariier of closing or
115 occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer, exceptfor ordinary wear and tear. If, prior
116 to closing, the Property is damaged in an amount of not more than five percent (5%) of the seliing price, Seller shall be obligated to r"pair
117 the Property and restore it to the same condition that it was on the day of this Offer. If the damage shall exceed such sum, Seller shall
118 promptiy notify Buyer in writing of the damage and this Offer may be canceled at option of Buyer. Should Buyer elect to carry out this
119 Offer despite such damage, Buyer shall be entitled to the insurance proceeds relating to the damage to the Property, plus a credittowards
120 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
121 mort a e to Seller, the insurance proceeds shall be held in trust for the sole purpose of restoring the Property.
122 FENCES Wisconsin Statutes section 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal
123 s ares were one or both ofthe properties is used and occupied forfarming or grazing purposes. CAUTION: Consider an agreement
124 addressin res onsibility for fences if Property or adjoining land is used and occupied for farming or grazing purposes.
125 DELIVERY/RECEIPT Unless otherwise stated in this Offer, any signed document transmitled by facsimile machine (fax) shall be treated _126 in all manner and respects as an original document and the signature of any Party upon a document transmitted by fax shall be considered
127 an original signature. Personal delivery to, or actual receipt by, any named Buyer or Seller constitutes personal delivery to, or actual receipt
128 by Buyer or Seller. Once received, a notice cannot be withdrawn by the Party delivering the notice without the consent of the Party receiving
129 the notice. A Party may not unilaterally reinstate a contingency after a notice of a contingency waiver has been received by thè other Party.
130 The delivery pro~isions in this Offer may be modified when appropriate (e.g., when mail delivery is not desirable (see lines 25 - 36).
131 Buyer and Seller authorize the agents of Buyer and Seller to distribute copies of the Offerto Buyer's lender, appraisers, title insurance companies
132 and any other settlement service providers for the transaction as defined by the Real Estate Settlement Procedures Act (RESPA).
Wisco",,;n Legal Blank Co" Inc,
133 PROPERTY ADDRESS: See attached' leqal description, ,
[page30f5,WB-13]
134~"Time is of the EssencEj"as to: (1)~ (2) binding acceptan.ce; (3)occupancý; (4)
135 date of closing; (5) contingency deadlines~and all other dates and deadlines in this Offer except: None'
136'"
,
If"TimeisoftheEss~nce"
. 137 applies to a date or deadline, failure to perform by the exact date or deadline is a breach of contract. If "Time is' of the Essence" does
138 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 ~ Deadlines expressed as a number of "days" from an event, such as acceptan'ce, are calcùlated by excluding
140 the day the event occurred and by counting subsequent calendar days. The deadline expires at midnight on the last 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 that 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 the event, and by counting 24 hours per calendar day. Deådlines 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 N/A OR IS NOT MARKED.
148 ~ FINANCING CONTINGENCY: This Offer Is contingent upon Buyer being ableto obtain a
149 INSERT LOAN PROGRAM OR SOURCE 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 $ 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 $
152 Monthly payments may also include 1/12th of the estimated net annual real estate taxes, hazard insurance premiums, end private
153 mO,rtgage insurance premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee not to exceed
154 % ofthe Ipan, (Loan fee refers to discount points and/or loan origination fee, but DOES NOT include Buyer's other closing
155 costs.) If the purchase price under this Offer is modified, the financed amount, unless otherwise providèd, shall be adjusted
156 to the same percentage ofthe purchase price as in this contingency and the monthly payments shall be adjusted as necessarY to maintain
157 the term and amortization stated above. CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 158 OR 159.
158 D FIXED RATE FINANCING: The annual rate of interest shall not exceed %,
159 D ADJUSTABLE RATE FINANCING: The initial annual interest 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 % per year. The maximum
161 interest rate during the mortgage term shall not exceed %. Monthly payments of principal and Interest may be adjusted
. 162 to reflect interest changes,
163 LOAN COMMITMENT: Buyer agrees to pay all customary financing costs (including closing fees), to apply for financing promptly, and
164 to provide evidence of application promptly upon request by Seller. If Buyer qualifies for the financing described in this Offer or other
165 financing acceptable to Buyer, Buyer agrees to deliver to Seller a copy of the written loan commitment no later than the deadline for loan
166 commitment at line 149. Buyer's delivery of a copy of anywrittìm loan commitment to Seller (even ifsubjectto conditions) shall
167 satisfy the Buyer's financing contingency unless accompanied by a notice of un acceptability. CAUnON: BUYER, BUYER'S LENDER
168 AND AGENTS OF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WITHOUT BUYER'S PRIOR
169 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABILITY.
170 SELLER TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment, Seller may terminate this Offer if Seller
'171 delivers a written notice of termination to Buyer prior to Seller's actual receipt of a copy of Buyefs written loan commitment.
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 commitmentfor other financing to Seller), Buyer shall promptly deliver written notice to Seller of same including 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 Seller's decision to finance this transaction on the same terms set forth in this Offer aQd this
176 Offer shall remain in full force and effect, with the time for closing extended accordingly. If Seller's notice is nottimely given, this Offer shall
m be null and void. Buyer authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit worthiness
178 for Seller financing.
179 ADDITIONAL PROVISIONS/CONTINGENCIES
180
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184
185
186
187
188~ADDENDA: Thealtached documents
189~ 190 . CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (or other
. 191 conveyance as provided herein) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and
192 agreements entered under \hem, recorded easements for the distribution of utility and municipal services, recorded building and use
193 restrictions and covenants, general taxes levied in the year of closing ~
194
195 (provided none of the foregoing prohibit present use of the Property), which constitutes merchantable title
196 for purposes of this transaction, Seiler further agrees to complete and execute the documents necessary to record the conveyance.
See attached Addendum. ,
Xi!i/are made part of this Offer.
*including gap coverage Buyer '
page40f5, WB-13
197. FORM OF TITLE EVIDENCE:/~r shall give evidence of title in the form of an owner's policy of title insurance in the amount of the 199 purchase price on a current AL T A form issued by an insurer licensed to write title insurance in Wisconsirl * CAUTION: IF TITLE 199 EVIDENCE WILL BE GIVEN BY ABSTRACr,.,~);flf!<E TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISIONS. 8200. PROVISION OF MERCHANTABLE TITLE/~ shall pay all costs of providing title evidence. For purposes of closing, title evidence
201 shall be acceptable if the commitment for the required title insuranc,e is delivered to Buyer's attorney or Buyer not less than 3 business
202 days before closing, showjng title to the Property as of a date no more than 15 days before delivery of such title evidence to be
203 merchantabie, subject only to liens which will be paid out of the proceeds of closing and standard title insurance requirements and
204 exceptions, as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDA TING THE EFFECTIVE DA TE OF THE TinE
205 COMMfTMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENSFILED BETWEEN THE
206 EFFECTIVE DA TE OF THE COMMITMENT AND THE DA TE THE DEED IS RECORDED.
' .. .
207. TITLE ACCEPTABLE FOR CLOSING: If title is not acceþtable for closing, Buyer shall notify Seller in writing of objections to title by
20a the time set for closing. In such event, Seller shall have a reasonable time, but not exceeding 15 days, to 'rèmòlÍeïhe 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 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 closing does
212 not extinguish Seller's obligations to give merchantable title 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:' CÁ UTlON: Consider a special agreement
215 if areaâssessmenfs, property oWner's association assessmenfs Or other expenses are contemplated. .Other expenses" "re 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, sanitary and stormwater and storm sewer (including all sewer mains and hook:up and interceptor charges), parks;str~et
2181i htin and street trees; ,,"nd impact fees for other public facilities, as defined inWis, Stat. ~,66.55(1)(c) & (I).. ,,' 219 ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreement of the Buyer and Sellerregarding the
220 transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds and inures to the benefifof
221 the Parties to this Offer and their successors in interest.' .' ", .' 222~' " 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 ïnaterial failure to perform any obligation under this Offer is a default which may subject the defaulting party to liàbility for damages' or
225 other legal remedies. .
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226 If Buver defaults; Seller may: ' ':"
227 .,(1) sue for specific performance and request the earnest monèy as partial payment of the pùrFIÌ~se price; or
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228 (2) terminate. the Offer and have the option to: (a) request, the earnest money as liquidated damage~; or (b) direct Broker to return
~ 229 the earnest money and have the option to sue for 8Ftùal damages. ."
.. 230 If Seller defaults, Buyer may:
231 (1) s,ue for specific performance; or
232 (2) terminate the Offer and request the return of the ear~est money, sue for actual damages, or both.
233 In addition, the Parties may 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 courts. If either Party defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resòlution instead of
236 the remedies outlined above. By agreeing to binding arbitration, the Parties may lose the right to litig'ate in a court of law those disputes
237 covered by the arbitration agreement. '
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 OFTHE PROVISIONS OF THE OFFER BUT
240 ARE PROHIBITED BY LAW FROM GIVING ADViCE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS QFFER OR
241 HOW TITLE SHOULD BE TAKEN AT CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED. 242~ ..'.' ,
"','c..' .
243 . HELD BY: Unless otherwise agreed, earnest money shall be paid to' and held in the trust acCount of the listing broker (buyer's agent
244 if Property is not listed or seller if no broker is involved), until applied to purchase price or otherwise disbursed'as provided in the Offer.
245 CAUTION: Should persons other than a broker þold'earnest money, an escrow agreement should be drafted by the Parties
246 or. an attorney. If som~one other than Buyer makes paymen( of 'lamest money,. consider a special disbursement agreement
247 . DISBURSEMENT: If negotiations do not result jn an accepted off",r, the earnest money shall be promptly,disbursed (after clearance
248 from payor's depository institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest
249 money shall be disbursed according to the closing statement. lithís Offer does not close, the earnest money shall be disbursed according
250 to a written disbursement agreement signed by, all Parties to this Qffer:(Note: Wis. Adm. Code ~ RL 18.09(1 )(b) provides that an.offer
,251 to purchase is not a written disbursement agreement pursuantto which the broker may, disburse). If said disbursement agreement has
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 transaction and does not represent Buyer or Seller; (2) into a coùrt hearing a lawsuit involvirlg' !h.e
254 earnest money and all Parties to this Offer; (3) -as directed by court order; òr (4) any other disbursement required or allowed by law.
255 Broker may retain legal services to direct disbursement per (1) or to file an interpleader action per (2) and broker mày deduct from the'
256 earnest money any costs and reasonable attorneys fees, not to exceed $250, prior-to disbursement.
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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
,A. 260 proposed disbursement, 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 property with 1- 4 dwelling units and certain oth'lr earnest money disputes.
262 Buyer and Seller should consider consulting attorneys regarding their legal rights under this,Offer in case of a dispute. Both Parties
263 agree to hold the broker harmless from any liability for good faith disbursement of earnest money in accordance with this"Offer or
264 applicable Department of Regulation and Licensing regulations concerning earnest money. See Wis. Adm. Code Ch. RL 18. NOTE:
265 WISCONSIN LICENSE. LAW PROHIBITS A BROKER FROM GIVING ADVICE OR OPINIONS CONCERNING THE LEGAL RIGHTS
266 OR OBLIGA TIONS,OFPARTIES TO A TRANSACTION OR-THE LEGAL EFFECT.OF A SPECIFICCONTRACT OR CONVEYANCE.
267 AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED. -
Wi,c,",in l,g,' Blank Co.. Inc.
2613 PROPERTY ADDRESS: See attached leqal description [page50f5, WB-13]
.
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 N/A OR ARE LEFT BLANK.
271 ~ PROPOSED USE CONTINGENCY: Buyer is purchasing the property for the purpose of:
. 272 . This Offer is contingent upon Buyer obtaining the following:
273 0 Written evidence at (Buyer's )(Seller's) I STRIKE ONE! expense from a qualified soils expert thalthe Property is free of any subsoil
274 condition which would make the proposed development 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 certified soils tester or other qualified expert that indicates that
276 the Property's soils at locations seiected by Buyer and all other conditions which must be approved to obtain a pennit for an acceptable private
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 ofthis offer. An acceptable system includes all 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 toilet or other systems (e.g. mound system) excluded in additional provisions or an addendum per lines 179 -188.
281 0 Copies at (Buyer's )(Seller's) I STRIKE ONE! expense of all public and private easements, covenants and restrictions affecting the
282 Property and a written detennination by a qualified independent third party that none of these prohibit or significantly delay or increase
283 the costs of the proposed use or development identified at lines 271 to 272.
284 0 Pennits, approvals and licenses, as appropriate, or the final discretionary action by the granting authority prior to the issuance
285 of such pennits, approvals and licenses at (Buyer's)(Selier's) ISTRIKE ONE I expense for the following items related to the proposed
286 development
287 0 Written evidence at (Buyer's)(Selier's) I STRIKE ONE I expense that the following utility connections are located as follows (e.g.,
288 on the Property, althe lotline across the street, etc.): electricity ; gas ; sewer
289 ; water ; telephone ; other
290 This proposed use contingency shall be deemed satisfied unless Buyer within days of acceptance delivers
291 written notice to Seller specifying those items of this contingency which cannot be satisfied and written evidence substantiating why each
292 specific item included in Buyer's notice cannot be satisfied.
293@Z]MAPOFTHE PROPERTY: This Offer is contingent upon (Buyer obtaining)(Selier providing) STRIKE ONE a map ofthe Property prepared
294 by a registered land surveyor, within
-
days of acceptanæ, at (Buyer's)(Selier's) STRIKE ONE expense: The map shall identify the legal
295 description of the Property, the Property's boundaries and dimensions, visible encroachments upon the Property, the location of improvements,
.~~: .
297 .ISTRIKE AND COMPLETE AS APPLICABLE I Additional map features ~ 298 which may be added include, but are notlimited to: specifying how currenlthe map must be; staking of all comers of the Property; identifying
299 dedicated and apparent streets,lot dimensions, total acreage or square footage, easements or rights-of-way. CAUTION: Consider the cost
300 and the need for map features before selecting them. The map shall show no significant encroachment(s) or any infonnation materially
301 inconsistent 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 notice which identifies the significant encroachment or the infonnation materially inconsistent with prior representations.
304 æ2J.INSPECTION CONTINGENCY: This Offer is contingent upon a qualified independent inspector(s) conducting an inspection(s), at
305 Buyer's expense, of the Property and
306 which discloses no defects as defined below. This contingency shall be deemed satisfied
307 unless Buyer within days of acceptance delivers to Seller, and to listing broker if Property is listed, a copy of the inspector's
308 written inspection report and a written notice listing the defects identified in the report to which Bu)!er objects. This Offer shall be null and
309 void upon timely delivery of the above notice and report. CAUTION: A proposed amendment w1ll not saUsfy this noUce requirelnent 310 Buyer shall order the inspection and be responsible for all costs of inspection, including any inspections required bì' lender or follow-u!, to
311 inspection. Note: This contingency only authorizes inspections, nottestlng, see lines 98 to 110. For the purposes ofthls 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 the P~erty. Defects do not include
314 conditions the nature and extent o&~hich Buyer had actual knowlediß3 or i"Cge'gnFPccr Èefor~~'ì!'N, this 'I%'lt M & R' ffl 315óMffı\;W~n );-30- [date] by [Licensee and Finn] ona 0 er, , nz, 0 er, acy 1 ~,
316 (x)BY:
.
39-6006023
317 Buye~sSlgnature'PrintNameHere:>Mark A. Slocomb, Mayor ~FEIN' Date'
318 (x)BY:
319 Buye~sSignature'PrinINameHere: > Jean K. Marenda, Clerk ~ 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 SURVIVE CLOSING AND
323 THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH
324 HEREIN AND ACKNOWLEDGES RECEIPT OF A COpy OF THIS OFFER.
325 (x)
. 326 Selle~s Signature' Prinl Name Here: > JOHN L. IHDE
327 (X)
328 Selle~s Signature' Print Name Here: > JiIN J. nIDE
329 This Offer was presented to Seller by
Social Security No.- . Dale'
Socia] Security No.JIæOO . Date'
on ,al_a.m.lp.m.
330 THIS OFFER IS REJECTED
331 Seller Inltia]s- Date-
THIS OFFER IS COUNTERED [See attached counter]
Seller Inillals- Date.
.
Being part of Lot 2 Certified Survey Map Number 8290, located in the
Southwest % of the Northeast of Section 18, Town 5 North, Range 20 East,
City of Muskego, Waukesha County, Wisconsin bounded and described as
follows:
.
Commencing at the Northwest comer of Lot 2 of Certified Survey Map Number
7037, recorded in Volume 59 of Certified Survey Maps, on pages 161-164,
Document No. 1828978, at the Register of Deeds Office, in Waukesha
. County, Wiscon.sin, said point also. being the point of beginning; thence S 880
57'12" W, .148.4~; thence 81.79 feet along the arc of a èurve which center lies
to the North, having a radius of 130.00 feet, a chord bearing N 73001'24" W
. and a chord length òf 80.45 feet; thence N 55000'00" W, 47.73 feet; thence
N 35000'00" E, 60.00 feet; thence S 55000'00" E, 47.73 feet; thence 44.04
feet along the arc of a curve which center lies to the North, hàvìng a radius of
70.00 feet, a chord bearing S 73001'24" E, and a chord length of 43.32 feet;
thence N 88057'12" Ë, 148.49 feet; thence S 01002'48" E, 60.00 feet, to the
point of beginning. Containing 15,548.00 sq. ft. (0.36 acres) more or less.
~
-
'.
.
ADDENDUM
1. Sellers, and their remaining property, shall remain responsible for all liabilities
which are the responsibility of the owner of the fee title such as all property
taxes in the year of closing and prior thereto as to the entire property including
that sold to the City of Muskego and all special assessments and similar
charges previously assessed against the entire property. Because of this
conveyance, the city may become responsible for agricultural use penalties as
generally outlined in the Statement of Real Property status provided to the
Sellers. The City Assessor believes this amount will be approximately
$195.48. The Sellers shall pay when due this amount and the city shall give
the Sellers any notice of the same.
2. Sellers, and any other entity whose name appears on any of the attached
documents, shall execute the original of all attached documents on or before
closing other than the legal description and Addendum.
.
.
-
WAIVER OF POTENTIAL CONDEMNATION RIGHTS
WHEREAS, the undersigned is the owner of certain lands within the City of Muskego
described on Exhibit A attached hereto and made a part hereof; and
WHEREAS, the undersigned wishes to transfer said lands to the City of Muskego at
a below market value cost to the City; and
WHEREAS, the undersigned owner has approached the City and asked to transfer
the same to the City at a below market value cost to the City; and
WHEREAS, the undersigned is a sophisticated entity as to real estate transactions
and understands that the Cty could not condemn these lands without following
Wisconsin Condemnation Law procedures which provide protection to the rights of
the property owners including, but not limited to, obtaining an appraisal at the City's
expense and payment of fair compensation to the property owner.
NOW, THEREFORE, the undersigned hereby agrees as follows:
1. That the undersigned wishes to transfer said lands to the City at below market
value cost to the City and waive any and all condemnation rights which it may
have including, but not limited to, the right to an appraisal, the right to
condemnation and any and all appeal rights.
DATED this day of ,2003.
JOHN L. IHDE
JAN J. IHDE
EXH!BIT fJ
\
. "'.".<
.!;,
,. "
Being part of Lot 2 Certified Survey Map Number 8290, located in the
Southwest % of the Northeast of Section 18, Town 5 North, Range 20 East,
City of Muskego, Waukesha County, Wisconsin bounded and described as
follows:
.
Commencing at the Northwest comer of Lot 2 of Certified Survey Map Number
7037, recorded in Volume 59 of Certified Survey Maps, on pages 161-164,
Document No. 1828978, at the Register of Dèeds Office, in Waukesha
. County, Wiscor1'sin, said point also' being the point of beginning; thence S 880
57'12" W,.148.4i:1; thence 81.79 feet along the arc of a curve which center lies
to the North, having a radius of 130.00 feet, a chord bearing N 73001'24"W
. and a chord length òf 80.45 feet; thence N 55000'00" W, 47.73 feet; thence
N 35000'00" E, 60.00 feet; thence S 55000'00" E, 47.73 feet; thence 44.04
feet along the arc of a curve which center lies to the North, hàvìng a radiús of
70.00 feet, a cliord bearing S 73001'24" E, and a chord length of 43.32 feet;
thence N 88057'12" E, 148.49 fèèt; thence S 01002'48" E, 60.00 feet, to the
point of beginning. Containing 15,548.00 sq. ft. (0.36 acres) more or less.
.~
,.
Ii
Doc"",,", N~"",
STATE BAR OF WISCONSIN FORM 1 - 1998Jil
WARRANTY DEED I
,
I
I JOHN L. IHDE AND JAN J. IHDE , This Deed, m,d. b.tw"n husband and wife
I
I ,nd
, C"nto"
CITY OF MUSKEGO. a Wisconsin Mun;,.i!>", ~nrpnr"Hnn
, C"nt...
C"nto" fo, a v,lu,bl. ,on,id."tlon, <onv,}" to C"n". tho followIng
des,,'b.d ",I ,,"" in Waukesha County, Slate of Wiseon,tn
(th. 'Pwp.ny"):
SEE A'I'rACHED LEGAL DESCRIPTION
MARKED EXHIBIT "A"
R"o<<fo"",
N.... and Rot"" Add"",
Atty Donald S. Molter, Jr.
Arenz ,Molter ,Macy & Riffle, SC
P.O. Box 1348
Waukeshai WI 53187-1348
Part of MSKC ?nq. qq2 OOn
P,".'d"""o,'"" N,mb" (PIN)
Thl' is not hom"'"d pwp...y.
0') (t,not)
EXEMPT FROM FEE & RETURN PURSUANT
TO WISCONSIN STATUTE ~77 .25(2r)
Tog.th.. wllh ,11 'ppu...n,nt "gh", titl. ,nd In""'~.
Ccant" w'mm~ that tho tin. to Ih. Pwp.ny t, good, tnd.f,,'tbl. tn f" ,tmpI. ,nd f,.. and <1", of .n<umb"n", ""pt recorded easements and restrictions and municipal and zoning ordinances, and real estate
taxes in year of closing.
D,"d Ihi> day of
(SEAL) (SEAL)
. . JOHN L. IHDE
(SEAL) (SEAL)
. . JAN J. IHDE
AUTHENTICATION ACKNOWLEDGMENT
S'gnatu,,(,)
County.
} ".
P.",mally "'m. b.fo" m. thi' day of
.~, tho abov.nam.d
John L. Ihde and Jan J. Ihde
State of WisconsIn,
auth.n"""'d th,,- d'yof
.
TITLE: MEMBER STATE BAR OF WISCONSIN
(lfnol.
autho,'"d by 3706.06, Wt,. Srn~.)
'0
me known 10 be .h. ","on ~ who ex"u'oo the forogoing
'n"rum.nt 'nd "knowl.dg. tho "m..
THIS 'NSTRUMENT WAS DRAFTED BV
Attorney Donald S. Molter, Jr.
(Signatu", m'y be ,"'hen"cat.d 0' a<knowI.dg.d. Be.h a" not
n".",,'Y.)
Norn'Y Public, Srn" of W"comtn
My ,omm""on I' pmn,".",. QI not. "at. "'pl"Uon d"':
.)
. N,= "p=""""",.",p"'.m,, '" '"""'P""" b,l,w """"'~"""
STATE BAR OF WISCONSIN "',ro",..",..c,..""
.
.
.~
CHICAGO TITLE INSURANCE COMPANY @
Construction Work and Tenants Affidavit
1. I am the Owner of the property (the Property) described in commitment number 1149114
issued by CHICAGO TITLE INSURANCE COMPANY
2. Construction work. (Check One Box)
Q9 Repair or construction work HAS NOT been done on the Property in the past six months.
D Repair or construction work HAS been done on the Property in the past six months. The total dollar amouut
of the work is approximately $
. All of the people who supplied labor or material are
listed below. All lien waivers I collected from these people are stapled to this affidavit.
Type of Work Contractor Name Dollar Amount of Work Date Work Completed
3. Tenants. The following tenants and renters occupy the Property. (Check One Box)
~ There are NO tenants.
D There are tenants, but all have left the Property or WILL LEAVE as of closing.
DOne òr more tenants WILL STAY after this sale is closed. Their names are:
I give this affidavit to persuade CHICAGO TITLE INSURANCE COMPANY to issue its policy or policies of
title insurance. I agree to indemnify CHICAGO TITLE INSURANCE COMPANY against loss caused by
inaccuracies or omissions in the above information of which I am aware.
Dated this day of (year).
OWNER
Subscribed and sworn to before me this
day of (year).
By: JOHN L. IHDE Notary Public, County, Wisconsin
1mC My commission (expires) (is
permanent):
F530CR4/16/99
'o<m530 4/99
.
.
.
@ cmCAGO TITLE INSURANCE COMPANY
Affidavit as to Broker Lien Rights
The undersigned, being duly sworn, deposes and says;
That I am the owner or purchaser (the Owner) of property further described in commitment to insure number
1149114 (the Property) issued by Chicago Title Insurance Company (the Company), or partner, officer or
member of the Owner with authority to make the representations below.
'
(Complete one)
x No real estate broker is or will be entitled to a commission from Owner under a listing contract or buyer
agency contract having to do with the purchase or sale of the Property, and there is no contract for the lease
or management of the Property under which a commission is presently owed.
The following is an' accurate and complete list of all real estate brokers who are or will be entitled to a
commission from the undersigned Owner under a listing contract or buyer agency contract having to do with
the purchase or sale of the Property, and/or with whom the Owner has a contract for the lease or
management of the Property.
L~TING/BUYERBROKER
Name
Address
Telephone number
Amount of commission owed or to be owed;
LEASING/MANAGEMENT BROKER
Name
Address
Telephone number
Amount of commissions owed on this date;
Attached hereto is a waiver of lien rights from each broker listed above, or a copy of the closing
statement showing that each broker will be paid at closing.
This affidavit is given to induce the Company to issue its policy or policies of title insurance. The undersigned
indemnifies Chicago Title Insurance Company against any loss caused by the existence of any inaccuracies or omissions
in the above information known to the undersigned and not disclosed to the Company, plus any cost of the enforcement
of this indemnification.
Dated this
OWNER
'day of
Subscribed and sworn to before me this
day of (year) .
By: JOHN L. IHDE
11m
""""'8/9B
Notary Public, County, Wisconsin
My commission ( expires) (is
np~'Mft').
.
.
.~
@ CIDCAGO TITLE INSURANCE COMPANY
Affidavit as to Broker lien Rights
The undersigned, being duly sworn, deposes and says:
That I am the ~purchaser (the Owner) of property further described in commilmentto insure number
1149114 (the Property) issued by Chicago Title Insurance Company (the Company), or partner, officer or
member of the Owner with authority to make the representations below.
(Complete one)
xx No real estate broker is or will be entitled to a commission from Owner under a listing contract or buyer
agency contract having to do with the purchase or sale of the Property, and there is no contract for the lease
or management of the Property under which a commission is presently owed.
The following is an accurate and complete list of all real estate brokers who are or will be entitled to a
commission from the undersigned Owner under a listing contract or buyer agency contract having to do with
the purchase or sale of the Property, and/or with whom the Owner has a contract for the lease or
management of the. Property..
LISTING/BUYER BROKER
Name
Address
Telephone number
Amount of commission owed or to be owed:
LEASING/lVIANAGEMENT BROKER
Name
Address
Telephone number
Amount of commissions owed on this date:
Attached hereto is a waiver of lien rights from each broker listed above, or a copy of the closing
statement showing that each broker will be paid at closing.
This affidavit is given to induce the Company to issue its policy or policies of title insurance. The undersigned
indemnifies Chicago Title Insurance Company against any loss caused by the existence of any inaccuracies or omissions
in the above information known to the undersigned and not disclosed to the Company, plus any cost of the enforcement
of this indemnification.
.
Dated this day of
~ PURCHASER
CITY OF MOSKEGO
Subscribed and sworn to before me this
day of (year).
By:
Its: Mark A. Slocomb, Mayor NotaryPublic, Waukesha County, WISCOnsin
My commission (expires) (is
'<0""'./9. permanent):
@ CmCAGO TITLE INSURANæ COMPANY
RECORDING GAP INDEMNITY
. Commitment No. 11491.1,.4
WHEREAS , the CHICAGO TITLE INSURANCE COMPANY , a Missouri corporation
(Chicago), is about to issue its title insurance po1icy or policies (the
policies) to the proposed insured(s) for property described in the
above-referenced commitment, insuring against loss by reason of defects in the
title to said property (the Land) ;
AND , WHEREAS , chicago has made exception for defects, liens,
encumbrances , adverse claims or other matters, if any , created, first
appearing in the public records or attaching between the effective date of the
title insurance Commitments and the date of recording of the deed and/or
mortgage to be insured (Gap Defect(s)),
AND , WHEREAS , Chicago has been asked to issue the Policies, and may
hereafter in the ordinary course of its business issue title insurance
policies or commitments in respect to the Land , or some part or interest in it (the Future Policies) , removing or insuring against loss by reason of the Gap
Defect(s),
.~
NOW , THEREFORE , in consideration of the issuance of the Policies or
Future Policies, the undersigned covenant(s) and agree(s) with Chicago forever
to protect , defend and save Chicago harmless from and against Gap Defect(s)
created, suffered or agreed to by the undersigned and except as disclosed in
writing to Chicago , and any right, interest or defect growing out of the same ,
including all loss, costs, damages , and attorneys' fees and expenses which it
may incur by reason thereof, including loss, costs, damages , fees and expenses
incurred in actions brought to enforce this agreement, to defend at
undersigned's own cost any an4 every suit, action or proceeding in which the
Gap Defect(s) was created, suffered or agreed to by the undersigned and ,
except as disclosed in writing to Chicago , is or are asserted against the real
estate; to satisfy or remove such Gap Defect(s) on written demand within
thirty days, and that each and every provision herein shall extend to and be
in force concerning Future Policies.
Dated this day of
FOR CORPORATIONS FOR INDIVIDUALS
Name
(Si"""",,,>
By
(Sf"""",,,>
JOHN L. nIDE
(PrlntN'm'>
(Si"""",,> Print N=, >n' Tin,
JAN J. nIDE
Add"" (now"d,= if mo"ng> (PnntN=,>
.~ City S"" Zip
1810 Marquardt Road
Add"", (now ,dd"", if"""",&)
Wausau WI 54401
T"'phnn< N"mb" City S"" Zip
715-575-5479
T"'phon< N"mb"
""",p2/00