Sealed Bid Packet
FOR PUBLIC BID OF:
855 Pinedale Lane, Kronenwetter, WI 54455
(0.51 acres, Single Family Home Lot)
Timber Creek Crossing
PUBLIC SEALED BID DATES:
Bid Closing:
December 14th, 2015 9 a.m.
On October 27th, 2015, the Village Board authorized the sale of six single family home lots obtained by
the Village of Kronenwetter through a Sheriffs Sale on August 11th, 2015. These lots are located within
the Timber Creek Crossing subdivision which is situated within the Village’s TID #2 found in the
southwest portion of the Village.
The minimum bid for this lot is $10,000.
Figure 1: Close up of 855 Pinedale Lane (Lot 30). This lot has no wetlands on site.
Figure 2: Aerial view of the property in relation to the Timber Creek Crossing subdivision.
General Instructions
INCOMPLETE BID PACKETS WILL BE DISQUALIFIED
PLEASE READ INSTRUCTIONS BELOW CAREFULLY
All of the items listed below must be completed and submitted by December 14th at 9am to the Village
of Kronenwetter Municipal Center in order for your bid to be considered valid. Bids will be opened
publically and read at that time. Failure to submit a complete bid packet will result in automatic
rejection.
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A completed Bid Proposal form must be submitted.
A bid deposit of $1,000 in the form of a check must be attached to your bid.
Bidder must sign the Bid Terms and Conditions with submission of bid.
Bidder must sign the Developers Agreement with submission of bid.
The bid packet must be placed inside a sealed envelope with the address of the property written
on the outside of the envelope. Envelopes that do not have the address written on the outside
will be automatically rejected.
Each sealed envelope must contain only one bid packet for a single property.
General Information
Bid Opening Location: Village of Kronenwetter Municipal Center (attendance not required)
1582 Kronenwetter Drive
Kronenwetter WI 54455
Deliver Bids:
To: Village of Kronenwetter
Attn: Randy Fifrick
1582 Kronenwetter Drive
Kronenwetter WI 54455
 Bids must be received by 9am on December 14th, 2015.
 Bidders are not required to be present at the opening of bids.
 The reading of bids will be open to the public.
SEALED BID TERMS AND CONDITIONS
This invitation to bid is subject to, and all bids submitted must be in compliance with, the following
Terms and Conditions provided below.
Property Inspection:
The property may be viewed without an appointment. The property will be sold
‘as is, where is’. It is the bidder’s responsibility to exercise due diligence as to
the property, its location and its conditions.
Bid Submission:
Bids must be submitted no later than 9:00am on December 14th, 2015.
Bid Deposit:
$1,000 per property, due at time of bid submission. Checks must be made
payable to: Village of Kronenwetter. No offer will be accepted without a bid
deposit in the form and amount indicated above. This bid deposit will be
returned to each party not approved as the “Buyer”. The deposit will be
credited against the contract amount as to the successful party. If bidder
withdraws a bid, he or she forfeit the deposit. The check will not be deposited
and will be returned to unsuccessful bidders.
Minimum Bid:
The minimum bid shall be not less than $10,000.
Changes to Proposal:
No additions or changes to the original proposal will be allowed after submittal.
While changes are not permitted, clarification at the request of the Village may
be required.
Terms:
The high bidder shall pay to the Village of Kronenwetter the purchase price by
December 16th at 9am. If the high bidder does not meet this requirement, the
high bidder will forfeit the deposit and the next highest bidder will be deemed
the new high bidder.
Tie Breaker:
If two or more bidders submit the same amount and that amount is the highest
amount bid, the tie shall be broken by the following. The tied bidders will be
asked to resubmit a second bid (no additional deposit needed) within 24 hours
of the initial bid. If there is still a tie among the highest bid, the tied bids will be
entered into a pot. The first name drawn will be deemed the highest bidder.
Bidder Identification
Bidder certifies that they are now and will at closing be in compliance with the
following: 1) Not delinquent in payment of any property tax or special
assessment; 2) Not have outstanding building or health code violations or
orders actively being abated; 3) Not subject to a property tax foreclosure within
the past five years.
I hereby have read, understand, and agree to the Terms and Conditions.
By:
Date:
SEALED BID PROPOSAL
I HEREBY AGREE TO THE TERMS AND CONDITIONS RELATING TO MY PURCHASE
I understand and acknowledge that by submitting this bid, I am making an offer to purchase the
Property (defined below), and that if my offer is accepted by the Village of Kronenwetter, I
hereby agree to abide by all the terms of this Agreement. No contract for the sale of the
property is final and no deed will be filed transferring title until the Village Board approves the
sale and subsequently, the buyer tenders the remaining certified funds to the person designated
by the Village.
Signature of Bidder:
Printed Name:
Company Name:
(If applicable)
Address:
Telephone #:
Email:
Property Bidding On:
Price Offered:
Minimum Bid: $10,000
PLEASE STAPLE DEPOSIT CHECK HERE:
DEVELOPMENT AGREEMENT FOR SINGLE FAMILY HOMES IN THE
TIMBER CREEK SUBDIVISION
THIS AGREEMENT made and entered into this ___ day of ___, 2015 (the “Effective Date”), by and between
the VILLAGE OF KRONENWETTER (“VILLAGE”), and __________________________________
(“DEVELOPER”).
RECITALS
WHEREAS, VILLAGE is the owner of various residential lots available for single family development located
within the Village of Kronenwetter, Marathon County, Wisconsin; and
WHEREAS, DEVELOPER is an individual or entity that wishes to develop the property and has the means
available to do so, and is financially responsible to complete the development on the property.
NOW THEREFORE in consideration of the mutual covenants herein contained, and other good and
valuable consideration, the parties hereto mutually agree as follows:
AGREEMENT
1.
VILLAGE agrees to sell to DEVELOPER the property located at 855 Pinedale Lane: Lot 30 – Timber
Creek Crossing Subdivision (PROPERTY) for a purchase price of $____________.
a. Title shall be transferred free and clear of all liens and encumbrances at the time of payment
subject to the terms and conditions of this DEVELOPMENT AGREEMENT in the form of a
warranty deed;
b. Under this agreement transfer of the PROPERTY shall be effectuated and considered
completed upon the execution and delivery of the deed by the VILLAGE to DEVELOPER.
c. It shall be the DEVELPOR’S responsibility to obtain and pay the costs of sufficient title evidence
and recording fees related to the transfer of the PROPERTY to the DEVELOPER.
d. DEVELOPER shall not be allowed to sell, assign or transfer ownership of the PROPERTY without
the express written consent of the VILLAGE until such time as an occupancy permit for the
single family dwelling contemplated herein is issued.
2.
DEVELOPER shall meet the following conditions each of which are material and conditional to the
sale and transfer of the subject PROPRERTY to DEVELOPER:
a. The PROPERTY and all development on it shall be subject to the Restrictive and Protective
Covenants for Timber Creek Crossing Subdivision. A copy of these restrictive covenants are
attached hereto and incorporated herein by reference as EXHIBIT A.
b. DEVELOPER shall obtain a building permit for a single family dwelling consistent with the
terms of this DEVELOPMENT AGREEMENT within 18 months of the transfer of the PROPERTY
to DEVELOPER.
i. If the DEVELOPER does not obtain a building permit and substantially begin
construction within one year of the transfer of the PROPERTY to DEVELOPER, the
PROPERTY shall be transferred back to the VILLAGE by warranty deed free and
clear of all liens or encumbrances at the DEVELOPER’S sole expense, and the
purchase price shall be forfeited as liquidated damages to the VILLAGE. The
parties hereto stipulate and agree that the failure to develop the property and
delay caused by the same constitutes damages to the VILLAGE that are difficult
and speculative to assess and constitute a basis for liquidated damages.
c. DEVELOPER shall complete construction of a single family dwelling on the PROPERTY and
obtain an occupancy permit within 36 months of the date of the transfer of the PROPERTY to
DEVELOPER subject to all of the following requirements:
i. Each single family dwelling shall have a minimum of 1,500 square feet of finished
floor area.
ii. The single family dwelling, improvements only, must meet a minimum assessed
value under the Village’s standard assessment procedures of at least $150,000 or
greater in the tax year following the issuance of an occupancy permit.
iii. All driveways and parking surfaces must be surfaced with a hard surface of
cement, asphalt, decorative brick, or a combination thereof. Gravel surfaces shall
not be acceptable. A temporary occupancy permit may be issued between
November 1st and May 1st to allow the DEVELOPER to meet this requirement.
d. If DEVELOPER fails to complete the construction of the singe family dwelling, or an occupancy
permit is not issued for any improvement constructed on the property, within 36 months of
the transfer of the PROPERTY the following penalties may be imposed at the sole election of
the Village:
i. DEVELOPER shall pay a “penalty fee” of $5,000 for each tax year following
36 months from the transfer of the PROPERTY to the DEVELOPER that an
occupancy permit is unable to be obtained for a single family dwelling
improvement on the PROPERTY. Said penalty shall be payable on or before
January 31 in the applicable tax year.
ii. At the election of the VILLAGE, and regardless of whether a penalty fee has been
paid as provided in the immediately preceding paragraph i., the VILLAGE shall be
entitled to require the DEVELOPER to transfer the PROPERTY along with any
improvements constructed thereon back to the VILLAGE at the sole expense of
DEVELOPER, free and clear of all liens and at no cost to the VILLAGE therefore.
This right hereunder including the forfeiture of the purchase price and costs of
improvement on the PROPERTY shall be considered liquidated damages. The
parties hereto stipulate and agree that the failure to develop the property and
the delay caused by such failure constitutes damages to the VILLAGE that are
difficult and speculative to assess and constitute a basis for liquidated damages.
Furthermore, the parties stipulate that if the VILLAGE elects to require
DEVELOPER to transfer the property back to VILLAGE, this provision may be
enforceable as an action for specific performance.
iii. In the event the VILLAGE elects to require DEVELOPER to transfer the property
back to the VILLAGE as provided herein, the DEVELOPER shall no longer be subject
to the “penalty fee” provisions herein for any tax year following the year in which
the property has been transferred back to the VILLAGE. A “penalty fee” shall be
payable for the tax year in which the property was transferred regardless of when
in that year the transfer as effectuated.
e. The VILLAGE shall be entitled to a “penalty fee” payable from DEVELOPER for each tax year
following the issuance of an occupancy permit the improvements on said property fails to
meet the minimum assessed value of $150,000, payable on or before January 31 in the
applicable tax year, as follows:
i. For each tax year the assessed value of the improvement is below $120,000, the
DEVELOPER shall pay to the VILLAGE an annual penalty payment of $5,000.
ii. For each tax year the assessed value is between $120,000 and $140,000, the
DEVELOPER shall pay to the VILLAGE an annual penalty payment of $2,000.
iii. For each tax year the assessed value is more than $140,000 but less than
$150,000, the DEVELOPER shall pay to the VILLAGE an annual penalty payment of
$1,000.
iv. The DEVELOPER’S obligation to pay said penalty payment shall cease upon earlier
of either: (1) the first full tax year that the single family dwelling, improvements
only, meets the minimum assessed value of $150,000 or (2) the termination of
the life of the Village of Kronenwetter TID No. 2.
3.
Indemnification. The DEVELOPER hereby agrees to indemnify, defend and hold harmless
the VILLAGE from and against all claims, damages, fines, judgments, penalties, costs,
liabilities and losses, including reasonable attorneys’ fees and costs, suffered or incurred
by the VILLAGE in any manner in connection with subject PROPERTY and/or the
development of the PROPERTY including, without limitation:
a. The DEVELOPER’S failure to comply with any environmental law, rule,
regulation
or ordinance, or any order of any regulatory or administrative authority with respect
thereto;
b. Any release of petroleum products or hazardous materials or Hazardous Substances
on, upon or into the PROPERTY and/or the development of the PROPERTY;
c. Any and all damage to natural resources or real property or harm or injury to persons
resulting or alleged to have resulted from any failure to comply with any law, rule,
regulation or ordinance or any release of petroleum products or hazardous materials
or Hazardous Substances;
d. Claims arising under the Americans With Disabilities Act, historic preservation laws
and any other laws, rules, regulations or ordinances;
e. All damages, liabilities and expenses, to include loss of tax revenues, delay of
construction, and damages to structures or improvements caused directly or
indirectly by required remediation of environmental contamination by the VILLAGE
except physical damage caused by the negligent acts of the VILLAGE, its agents,
employees or contractors;
f. Damage to adjacent properties attributable to stormwater run-off from the
PROPERTY.
4.
All indemnities set forth in this paragraph 3. shall survive the execution and
delivery of this DEVELOPMENT AGREEMENT and shall be binding on the heirs, assigns and
successors in interest of each party.
5.
No waiver, amendment, or variation in the terms of this DEVELOPMENT AGREEMENT shall be
valid unless in writing signed by both VILLAGE and DEVELOPER, and then only to the extent
specifically set forth in writing.
6.
The respective rights and liabilities of VILLAGE and DEVELOPER under this DEVELOPMENT
AGREEMENT are not assignable or delegable, in whole or in part, without the prior written
consent of the other party. The provisions of this DEVELOPMENT AGREEMENT shall inure to the
benefit of and be binding upon the permitted successors and assigns of the parties. The VILLAGE
will not unreasonably withhold consent to DEVELOPER assigning its rights and entitlements under
this DEVELOPMENT AGREEMENT to a third party to assume the liabilities of DEVELOPER
hereunder.
7.
This DEVELOPMENT AGREEMENT contains the entire understanding of the parties with respect to
the subject matter hereof.
There are no restrictions, promises, warranties, covenants or
undertakings other than those expressly set forth in this DEVELOPMENT AGREEMENT. This
DEVELOPMENT AGREEMENT supersedes all prior negotiations, agreements, and undertakings
between the parties with respect to the subject matter hereof.
8.
This DEVELOPMENT AGREEMENT is intended solely for the benefit of the DEVELOPER and the
VILLAGE, and no third party (other than successors and permitted assigns) shall have any rights or
interest in any provision of this DEVELOPMENT AGREEMENT. Without limiting the foregoing, no
approvals given pursuant to this DEVELOPMENT AGREEMENT by the DEVELOPER or the VILLAGE,
or any person acting on behalf of either of them, shall be available for use by any contractor or
other person in any dispute relating to construction of the Project.
9.
This DEVELOPMENT AGREEMENT shall be governed by, and construed and interpreted in
accordance with, the laws of the State of Wisconsin applicable to contracts made and wholly
performed within each state.
10.
Any provisions of this DEVELOPMENT AGREEMENT which is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions of this DEVELOPMENT
AGREEMENT in such jurisdiction or affecting the validity or enforceability of any provision in any
other jurisdiction.
11.
Nothing contained in this DEVELOPMENT AGREEMENT, shall be deemed or construed as creating
a partnership or joint venture between the VILLAGE and DEVELOPER or between the VILLAGE and
any other person, or cause the VILLAGE to be responsible in any way for the debts or obligations
of the DEVELOPER or any other person. The DEVELOPER further represents, warrants and agrees,
for itself and its successors and permitted assigns, not to make any assertion inconsistent with its
acknowledgment and agreement contained in the preceding sentence in the event of any action,
suit or proceeding, at law or in equity, under this DEVELOPMENT AGREEMENT, and this Section
may be pleaded and construed as a complete bar and estoppel against any assertion by or for the
DEVELOPER, and its successors and permitted assigns, that is inconsistent with its
acknowledgment and agreement contained in the preceding sentence.
12.
Time is of the essence as to each and every obligation or agreement contained in this
DEVELOPMENT AGREEMENT.
13.
This DEVELOPMENT AGREEMENT may be recorded, in memorandum form, in the office of the
Register of Deeds of Marathon County, Wisconsin and shall be a covenant and agreement running
with the land, binding and inuring to the benefit of DEVELOPER and the VILLAGE and their
respective successors and assigns.
IN WITNESS WHEREOF, this DEVELOPMENT AGREEMENT is executed as of the date first above
written.
VILLAGE OF KRONENWETTER
By:
DEVELOPER
_____________________________
By: __________________________
Chris Voll, Village President
Print Name: ___________________
Title: ________________________
Attest: _____________________________
Print Name: _________________________
Attest: _______________________
Title: ______________________________
Print Name: ___________________
Title: ________________________