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Resolution 2019 (16)
Resolution No. 16 (2019) ST. R�.J►9, �'w '° �..1NTY RESOLUTION AUTHORIZING SIGNING OF COMMERCIAL LISTING CONTRACT FOR HIGHWAY FACILITY IN HAMMOND 1 WHEREAS,the St. Croix County Board of Supervisors has determined that the Highway 2 Facility at 920 Third Street can be sold after the move to the new Highway Facility; and 3 4 WHEREAS,the St. Croix County staff have negotiated a Commercial Listing Contract with 5 Charles Feather of Real Estate Solutions, Rice Lake,Wisconsin with a 6%commission; and 6 7 WHEREAS,the property has been appraised at$2,640,000. 8 9 NOW, THEREFORE,BE IT RESOLVED THAT the St. Croix County Board of Supervisors 10 does authorize the signing of Commercial Listing Contract with Charles Feather of Real Estate Solutions, 11 Rice Lake,Wisconsin, attached hereto. Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: The 6%commission will be deducted from the sale proceeds. 749 r Corporation CcMnW2/2019 K Cou ➢n1 161 4/12/2019 (02-70-P6 A�_ P ck Thvmps3r0 Cauntyr Administrator 4/1212019 04/15/19 Administration Committee RECOMMENDED ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Roy Sjoberg, Vice-Chair SECONDER: Dan Fosterling, Supervisor AYES: Roy Sjoberg, Dan Fosterling, David Peterson, Nancy Hable ABSENT: Tammy Moothedan Vote Confirmation. p' T �;u � ✓f ai�� ... ,.�x+,m dam'" David P�e e��son AdChairman 4/16/2019 SL Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .......... RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Ostness, Vice Chair SECONDER: William Peavey, Supervisor AYES: Schachtner, Miller, Coulter, Sjoberg, Malick, Moothedan, Fosterling, Feidler, Ostness, Larson, Hansen, Peterson, Anderson, Achterhof, Hable, Peavey ABSENT: Jim Endle, District 13, Andy Brinkman This Resolution was Adopted by the St. Croix County Board of Supervisors on May 7, 2019 Cindy Campbell, County Clerk Real Estate Solutions Approved bythe WisconsinReal Estate Examining Board Page of 7,WB-5 11-1-1r(Optional Use Date) 1-1-10(Mandatory Use Date) MERCIAL LISTING CONTRACT-EXCLUSIVE RIGHT TO�SELL 1 SELLER GIVES THE FIRM THE EXCLUSIVE RIGHT TOSELL THE PROPERTY ON THE FOLLOWING TERMS: 2 M PROPERTY DESCRIPTION: Street address is: 920 Third Street 8 in the Village of Hammond County of at. Croix . 4 Wisconsin. Insert additional description, if any, at lines 320-331 or attach as an addendum per lines 332-337. 5 0 INCLUDED IN LIST PRICE: Seller is including in the list price the Property, Fixtures not excluded un lines 9'12. and 0 the following items- Land and buildings 7 8 9 m NOT INCLUDED IN LIST PRICE: Personal property and eq]�ipment of seller lU 11 12 13 CAUTION: Identify Fixtures to be excluded by Seller or which are rented and will continue to be owned by the 14 lessor. (See lines 182'i93). 15 m Seller shall convey the personal property byBill ofSale, free and clear ufall liens and encumbrances exuept.- 18 17 18 LIST PRICE: Mill±on, Six o"nur°u Forty Thousand Dollars ($z uuo ouo uo ) 18 SELLER AUTHORITY: Seller represents that Seller has authority to sign this Listing and negotiate the sale of the 28 Proparty. If Seller is an entity, Seller agrees, within 15 days of the execution of this Liahng, to provide the Firm with a 21 copy ofdouument(e) confirming the authority to negotiate the sale of the Property. 22 M ZONING: Seller represents that the Property iazoned: uu-1 Industrial 23 E ZONING VARIANCES, NONCONFORMING USE OR DEVELOPMENT RESTRICTIONS: Seller represents that the 24 Property iesubject tothe following special zoning, land use, development naotrictions, zoning variances, nonconforming 25 uses orother conditions affecting the Property: 28 27 1 MARKETING Seller authorizes and the Firm and its agents agree to use reasonable efforts to market the Property. 28 Seller agrees that the Finn and its agents may market Seller's personal property identified on lines 5'8 during the term 28 ofthis Listing. The marketing may include: Sign, MLS, LoopNet, CoStar, ozuEXIemail blast, commercial 30 brokers, drone aerial other 31 The Firm and its agents may advertise the following special financing and incentives offered by Seller: 32 Seller 33 has n duty to cooperate with the marketing efforts of the Finn and its agents. See lines 231-237 regarding the Firm's 34 role as marketing agent and Seller's duty to notify the Finn of any potential buyer known to 8aUar. Seller agrees that the 35 Finn and its agents may market other properties during the tann of this Listing. 36 CAUTION: Limiting the Firm's cooperation with other firms may reduce the marketability of the Property. 87 1 COMPENSATION TO OTHERS I The Firm offers the following commission to cooperating firms: 38 . (Exceptions ifony): 39 ICOMMISSIO The Firm's commission shall be 6 O 40 41 42 48E EARNED: Seller shall pay the Firm's commission,which shall be earned, if, during the term of this Listing: 44 1 Seller sells or accepts an offer which creates an enforceable contract for the sale of all or any part of the Property; 45 2) Seller grants an option to purchase all or any part of the Property which is subsequently exercised; 46 3) Seller hanges or enters into a binding exchange agreement on all or any part of the Property; 47 4) Atnanoaotion occurs which causes an effective change in ownership or control of all or any part of the Propeny� or 40 5) A neady, willing and able buyer submits a bona fide written offer to Seller orthe Finn for the Property at, or above, 49 the list price and on auboUondu||y the same terms set forth in this Listing and the current VVB-15 Commercial Offer to 50 Purchase, even if Seller does not accept this buyer's offer. A buyer is veady, willing and able when the buyer 51 submitting the written offer has the ability to complete the buyer's obligations under the written offer. 52 The Firm's commission shall be earned if, during the term of the Liodng, one owner of the Property ae||u. conveys, 53 exchanges or options, as described above, an interest in all or any part of the Property to another owner, except by divorce 54 judgment. Real Estate Solutions,/:/5xSouth Main Street Rice Lake vu5*oax povuv:r/oox0000 Fax Charles Feather vzuThird Street, Produced with zipr~m(@ by zipmo/` ,omop/fte""w./°n""^.rra"",w/chw""^oms ^mw,zii)Loaix.com Page 2 of 7,WB-5 55 m DUE AND PAYABLE: Once earned, the Firm's commission is due and payable in full at the earlier of closing or the date 56 set for closing, even if the transaction does not close, unless otherwise agreed in writing. 57 11 CALCULATION: A percentage commission shall be calculated based on the following, if earned above: 58 ® Under 1) or 2)the total consideration between the parties in the transaction. 59 ® Under 3) or 4)the list price if the entire Property is involved. 60 a Under 3) if the exchange involves less than the entire Property or under 4) if the effective change in ownership or 61 control involves less than the entire Property, the fair market value of the portion of the Property exchanged or for 62 which there was an effective change in ownership or control. 63 ® Under 5)the total offered purchase price. 64 NOTE: If a commission is earned for a portion of the Property it does not terminate the Listing as to any remaining 65 Property. 66 BUYER FINANCIAL CAPABILITY The Firm and its agents are not responsible under Wisconsin statutes or regulations to 67 qualify a buyer's financial capability. If Seller wishes to confirm a buyer's financial capability,Seller may negotiate inclusion of 68 a contingency for financing, proof of funds, qualification from a lender, sale of buyer's property, or other confirmation in any 69 offer to purchase or contract. 70 LIEN N TICS The Firm has the authority under section 779.32 of the Wisconsin Statutes to file a lien for commissions 71 or compensation earned but not paid when due against the commercial real estate, or the interest in the commercial 72 real estate, if any, that is the subject of this Listing. "Commercial real estate" includes all real estate except (a) real 73 property containing 8 or fewer dwelling units, (b) real property that is zoned for residential purposes and that does not 74 contain any buildings or structures, and (c) real property that is zoned for agricultural purposes. 75 DISCLQgLIRETO CL ENTS 76 Under Wisconsin law, a brokerage firm (hereinafter firm) and its brokers and salespersons (hereinafter agents) owe 77 certain duties to all parties to a transaction: 78 (a) The duty to provide brokerage services to you fairly and honestly. 79 (b) The duty to exercise reasonable skill and care in providing brokerage services to you. 80 (c) The duty to provide you with accurate information about market conditions within a reasonable time if you request it, 81 unless disclosure of the information is prohibited by law. 82 (d) The duty to disclose to you in writing certain Material Adverse Facts about a property, unless disclosure of the 83 information is prohibited by law. (See lines 194-197.) 84 (e) The duty to protect your confidentiality. Unless the law requires it, the firm and its agents will not disclose your 85 confidential information or the confidential information of other parties. (See lines 142-159.) 86 (f) The duty to safeguard trust funds and other property the firm or its agents holds. 87 (g) The duty, when negotiating, to present contract proposals in an objective and unbiased manner and disclose the 88 advantages and disadvantages of the proposals. 89 BECAUSE YOU HAVE ENTERED INTO AN AGENCY AGREEMENT WITH A FIRM,YOU ARE THE FIRM'S CLIENT. 90 A FIRM OWES ADDITIONAL DUTIES TO YOU AS A CLIENT OF THE FIRM: 91 (a) The firm or one of its agents will provide, at your request, information and advice on real estate matters that affect 92 your transaction, unless you release the firm from this duty. 93 (b) The firm or one of its agents must provide you with all material facts affecting the transaction, not just Adverse Facts. 94 (c) The firm and its agents will fulfill the firm's obligations under the agency agreement and fulfill your lawful requests that 95 are within the scope of the agency agreement. 96 (d) The firm and its agents will negotiate for you, unless you release them from this duty. 97 (e) The firm and its agents will not place their interests ahead of your interests. The firm and its agents will not, unless 98 required by law, give information or advice to other parties who are not the firm's clients, if giving the information or advice is 99 contrary to your interests. 100 If you become involved in a transaction in which another party is also the firm's client (a "multiple representation 101 relationship"), different duties may apply. 102 MULTIPLE REPRESENTATION RELATIONSHIPS AND DESIGNATED AGENCY 103 n A multiple representation relationship exists if a firm has an agency agreement with more than one client who is a 104 party in the same transaction. If you and the firm's other clients in the transaction consent, the firm may provide services 105 through designated agency, which is one type of multiple representation relationship. 106 m Designated agency means that different agents with the firm will negotiate on behalf of you and the other client or 107 clients in the transaction, and the firm's duties to you as a client will remain the same. Each agent will provide 108 information, opinions, and advice to the client for whom the agent is negotiating, to assist the client in the negotiations. 109 Each client will be able to receive information, opinions, and advice that will assist the client, even if the information, 110 opinions, or advice gives the client advantages in the negotiations over the firm's other clients. An agent will not reveal 111 any of your confidential information to another party unless required to do so by law. 112 0 If a designated agency relationship is not authorized by you or other clients in the transaction, you may still authorize Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zioLoaix.com 920 Third Street, Page 3 of 7,w8-5 113 or reject a different type of multiple representation relationship in which the firm may provide brokerage services to more 114 than one client in a transaction but neither the firm nor any of its agents may assist any client with information, opinions, 115 and advice which may favor the interests of one client over any other client. Under this neutral approach, the same 116 agent may represent more than one client in a transaction. 117 E If you do not consent to a multiple representation relationship the firm will not be allowed to provide brokerage 118 services to more than one client in the transaction. 119 CHECK ONLY ONE OF THE THREE BELOW: 120 0 The same firm may represent me and the other party as long as the same agent is not 121 representing us both. (multiple representation relationship with designated agency) 122 ® The same firm may represent me and the other party, but the firm must remain neutral 123 regardless if one or more different agents are involved. (multiple representation relationship 124 without designated agency) 125 0 The same firm cannot represent both me and the other party in the same transaction. (I reject 126 multiple representation relationships) 127 NOTE: All clients who are parties to this agency agreement consent to the selection checked above. You may 128 modify this selection by written notice to the firm at any time. Your firm is required to disclose to you in your 129 agency agreement the commission or fees that you may owe to your firm. If you have any questions about the 130 commission or fees that you may owe based upon the type of agency relationship you select with your firm, 131 you should ask your firm before signing the agency agreement. 132 SUBAGENCY 133 Your firm may, with your authorization in the agency agreement, engage other firms (subagent firms) to assist your firm by 134 providing brokerage services for your benefit. A subagent firm and the agents with the subagent firm will not put their own 135 interests ahead of your interests. A subagent firm will not, unless required by law, provide advice oropinionsto other parties 136 if doing so is contrary to your interests. 137 PLEASE REVIEW THIS INFORMATION CAREFULLY. An agent can answer your questions about brokerage 138 services, but if you need legal advice, tax advice, or a professional home inspection, contact an attorney, tax 139 advisor, or home inspector. 140 This disclosure is required by section 452.135 of the Wisconsin statutes and is for information only. It is a plain language 141 summary of the duties owed to you under section 452.133 (2) of the Wisconsin statutes. 142 IS CONFIDENTIALITY NOTICE TO CLIENTS: The Firm and its agents will keep confidential any information given to 143 the Firm or its agents in confidence, or any information obtained by the Firm and its agents that a reasonable person 144 would want to be kept confidential, unless the information must be disclosed by law or you authorize the Firm to 145 disclose particular information. The Firm and its agents shall continue to keep the information confidential after the Firm 146 is no longer providing brokerage services to you. 147 The following information is required to be disclosed by law: 148 1) Material Adverse Facts, as defined in section 452.01 (5g)of the Wisconsin statutes (see lines 194-197). 149 2) Any facts known by the Firm and its agents that contradict any information included in a written inspection report on 150 the property or real estate that is the subject of the transaction. 151 To ensure that the Firm and its agents are aware of what specific information you consider confidential, you may list that 152 information below (see lines 154-156). At a later time, you may also provide the Firm with other information you 153 consider to be confidential. 154 CONFIDENTIAL INFORMATION: 155 156 157 NON-CONFIDENTIAL INFORMATION (The following may be disclosed by the Firm and its agents): 158 159 160 IOCCUPANCY Unless otherwise provided, Seller agrees to give buyer occupancy of the Property at time of closing 161 and to have the Property in broom swept condition and free of all debris and personal property except for personal 162 property belonging to current tenants, sold to buyer or left with buyer's consent. Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www,zi])LoQix.com 920 Third Street, ' Page 4m7,WB-5 103leased and |eaue(o)vi|! extend beyond o|ouinA. Seller shall assign Seller's 184 and transfer all security deposits and prepaid rents (subject toagreed upon pronadona)thereunder 185 to buyer at closing. Seller acknowledges that Seller remains liable under the lease(s) unless released by tenant(s). 108 CAUTION: Seller should consider obtaining an indemnification agreement from buyer for liabilities under the 187 | d by tenants. 168 108 m An "Adverse Fact" means any ofthe following: 170 (a) A condition or occurrence that is generally recognized by a competent licensee as doing any of the following: 171 1) Significantly and adversely affecting the value o[the Property; 172 2) Significantly reducing the structural integrity ufimprovements to real estate; or 173 3) Presenting asignificant health risk tooccupants ofthe Property. 174 (b) Information that indicates that u party to atranuuotion is not able to or does not intend to meet his orher obligations 175 under acontract o/agreement made concerning the transaction. 170 m Dead|ineaexpreoaedaaanumberof^daya^fmmaneveniaraoa|ou|atedbyexo1udingthedaythe 177 event occurred and bycounting subsequent calendar days. 178 Im DEFEIT: "DefecC' means a condition that would have a significant adverse effect on the value of the Property; that 178 vvnu|d significantly impair the health or safety of future occupants of the Property� or that if not repaired, removed or 180 replaced would significantly shorten or adversely affect the expected normal life of the premises. 181 n FIRK "Firm" means a licensed sole proprietor broker or a licensed broker business entity. 182 is FIXTURES: A ''Fixtune" is an item ufproperty which is physically attached to or so closely associated with land or 183 buildings so as to be treated as part of the paa| eaiata, including, without |imitatiun, physically attached items not easily 184 removable without damage tothe pnsmisea, items specifically adapted to the premiueu, and items customarily treated 105 as fixtunea, including, but not limited to, all: garden bulbs; plants- shrubs and trees; screen and storm doors and 186 windows; electric lighting fixtu/eo� window shades; curtain and tnavocoe rode; blinds and shutters; central heating and 187 cooling units and attached equipment; water haatero, water softeners and treatment systems-, sump pumps; attached or 188 fitted floor coverings-, awnings-, attached antennas and satellite diehoo, audio/viaua| waU mounting brackets (but not the 189 audio/visual equipment); garage door openers and remote controls; installed security systems; central vacuum systems 190 and accessories; in-ground sprinkler systems and component parts; built-in appliances; ceiling fano; fences; in-ground 191 pet containment systems (but not the oo||are); storage buildings on permanent foundations and docks/piers on 182 permanent foundations. A"Fixture"does not include trade fixtures owned by tenants of the Property. 188 CAUTION: Exclude fixtures not owned by Seller such ma rented fixtures and tenant's trade fixtures. 194 mm MATERIAL ADVERSE FACT: A "Material Adverse Faot" means an Admanoa Fact that a party indicates is of such 195 oignifioanoe, or that is generally recognized by a competent licensee as being of such significance to a naaooneb|a 196 party, that it affects or would affect the party's decision to enter into a contract or agreement concerning a transaction or 197 affects or would affect the party's decision about the terms of such a contract or agreement. 188 m PERSON ACTING ON BEHALF OF BUYER: "Person Acting on Behalf fBuyer" shall joined i 188 interest with buyer, or otherwise acting on behalf of Uuyer, including but not |/m/ted to buyer's immediate family, agents, 200 emp|oyeaa, dinactona, managem, membene, offioaro, mxnee, partnaro, incorporators and urganizoro, as well as any and all 201 corporations, partnerships, limited liability oompanieo, trusts or other entities created or controlled by, affiliated with or 202 owned by buyer, in whole or in part whether created before or after expiration of this Listing. 203 m PROPERTY: Unless otherwise stated, "Property" means the real estate described at lines 2-4. 204 m Means a buyer who personally,orthrough any Person Acting on Behalf of Buyer,during the term of 205 this Listing: 200 1) Delivers to Seller or the Firm or its agents a written offer to purchase, exchange or option on the Property; 207 2) Views the Property with Seller or negotiates directly with Seller by communicating with Seller regarding any potential 208 terms upon which the buyer might acquire aninterest inthe Property; or 208 3) Attends an individual showing of the Property or communicates with agents of the Firm orcooperating firms regarding 210 any potential terms upon which the buyer might acquire an interest in the Property, but only if the Firm or its agents 211 deliver the buyer's name to Seller, in writing, no later than three days afterthe earlierof expiration ortermination(lines 212 301-311) of the Listing. The requirement in 3), to deliver the buyer's name to Seller in writing, may be fulfilled as 213 follows: 214 a) If the Listing is effective only as to certain individuals who are identified in the Liating, by the identification of the 215 individuals in the Liating� or, 210 confidential, bydelivery of a written notice identifying the _ 217 firm or agents with whom the buyer negotiated and the date(s)of any individual showings or other negotiations. 218 A Protected Buyer also includes any Paxson Acting on Behalf of Buyer joined in interest with or otherwise acting on 218 behalf of a Protected Buyer, who acquires an interest in the Property during the extension of listing period as noted on 220 lines 298-302. Page 5 of 7,wB-5 221 SELLER D SCL S RE REP RT Seller agrees to complete the disclosure report provided by the Firm to the best of 222 Seller's knowledge. Seller agrees to amend the report should Seller learn of any Defect(s) after completion of the report 223 but before acceptance of a buyer's offer to purchase. Seller authorizes the Firm and its agents to distribute the report to 224 all interested parties and their agents inquiring about the Property. Seller acknowledges that the Firm and its agents 225 have a duty to disclose all Material Adverse Facts as required by law. 226 1 SELLER REP RE ENTAT N RE ARD NG DEFECT Seller represents to the Firm that as of the date of this Listing, 227 Seller has no notice or knowledge of any Defects affecting the Property other than those noted on Seller's disclosure 228 report or written response. 229WARNING: IF SELLER REPRESENTATIONS ARE INCORRECT OR INCOMPLETE, SELLER MAY RE LIABLE FOR 230 DAMAGES AND COSTS. 231 1 SELLER CO PERAT N W TH ARKET N EFFORT Seller agrees to cooperate with the Firm in the Firm's 232 marketing efforts and to provide the Firm with all records, documents and other material in Seller's possession or control 233 which are required in connection with the sale. Seller authorizes the Firm to do those acts reasonably necessary to 234 effect a sale and Seller agrees to cooperate fully with these efforts which may include use of a multiple listing service, 235 Internet advertising or a lockbox system at the Property. Seller shall promptly refer all persons making inquiries 236 concerning the Property to the Firm and notify the Firm in writing of any potential buyers with whom Seller negotiates or 237 who view the Property with Seller during the term of this Listing. 238 C PERAT ON ACCESS TO PR PERTY OR FFER PRE ENTAT N The parties agree that the Firm and its 239 agents will work and cooperate with other firms in marketing the Property, including firms acting as subagents (other 240 firms engaged by the Firm - see lines 132-136) and firms representing buyers. Cooperation includes providing access to 241 the Property for showing purposes and presenting offers and other proposals from these firms to Seller. Note any firms 242 with whom the Firm shall not cooperate, any firms or agents or buyers who shall not be allowed to attend showings, and 243 the specific terms of offers which should not be submitted to Seller: 244 245 EXCLUSIONS All persons who may acquire an interest in the Property who are Protected Buyers under a prior listing 246 contract are excluded from this Listing to the extent of the prior firm's legal rights, unless otherwise agreed to in writing. 247 Within seven days of the date of this Listing, Seller agrees to deliver to the Firm a written list of all such Protected Buyers. 248 NOTE: If Seller fails to timely deliver this list to the Firm, Seller may be liable to the Firm for damages and costs. 249 The following other buyers 250 are excluded from this Listing until 251 [INSERT DATE]. These other buyers are no longer excluded from this Listing after the specified date unless, on or before 252 the specified date, Seller has either accepted a written offer from the buyer or sold the Property to the buyer. 253 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Listing, delivery of 254 documents and written notices to a party shall be effective only when accomplished by one of the methods specified at 255 lines 256-275. 256 (1) Personal Delivery: giving the document or written notice personally to the party, or the party's recipient for delivery if 257 named at line 258 or 259. 258 Seller's recipient for delivery(optional): Robbie Krejci, 920 Third Street, Hammond, WI 54015 259 Firm's recipient for delivery(optional): Charles Feather, 121 2nd Street, Chetek, WI 54728 260 = (2) Fax: fax transmission of the document or written notice to the following telephone number: 261 Seller: ( ) Firm: ( ) 262 F_x_1 (3) Commercial Delivery: depositing the document or written notice fees prepaid or charged to an account with a 263 commercial delivery service, addressed either to the party, or to the party's recipient for delivery if named at line 258 or 264 259 for delivery to the party's delivery address at line 268 or 269. 265 (4) U.S. Mail: depositing the document or written notice postage prepaid in the U.S. Mail, addressed either to the 266 party, or to the party's recipient for delivery if named at line 258 or 259 for delivery to the party's delivery address at line 267 268 or 269. 268 Delivery address for Seller: Robbie Krejci, 920 Third Street, Hammond, WI 54015 269 Delivery address for Firm: Charles Feather, 121 2nd Street, Chetek, WI 54728 270 0 (5) E-Mail: electronically transmitting the document or written notice to the party's e-mail address, if given below at 271 line 274 or 275. If this is a consumer transaction where the property being purchased or the sale proceeds are used 272 primarily for personal, family or household purposes, each consumer providing an e-mail address below has first 273 consented electronically as required by federal law. 274 E-Mail address for Seller: robbie.krej ci @ sccwi.gov 275 E-Mail address for Firm: charies@featherrealestategroup.com Produced with ApForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.ziDLooix.com 920 Third Street, Page of 7,vVB-5 270 1 Seller and the Finn and its agents agree that they will not discriminate against any 277 prospective buyer on account ofrace, color, sex, sexual orientation as defined in Wisconsin Statutes. Section 278 111.22 (13m), dimabiUty, religion, national origin, marital status, lawful source of income, age, ancestry, family 279 status,status as a victim of domestic abuse, sexual assault, or stalking, or in any other unlawful manner. 280 If the Firm holds trust funds in connection with the transaction, they shall beretainedbytheFirminthe 281 Firm's trust account.The Firm may refuse toho|deamestmoneyorothertmstb/ndo.Shou|dtheFinnho|d1heeamea money, 282 the Finn shall hold and disburse the earnest money funds in accordance with Wis. Stat. Ch. 452 and Wis. Admin. Code 203 Ch. REEB 18. If the transaction fails to close and the Seller requests and receives the earnest money as the total 284 liquidated damages, then upon disbursement to Seller, the earnest money shall be paid first to reimburse the Firm for cash 285 advances made by the Firm on behalf of Seller and one half of the balance,but not in excess of the agreed commission,shall 288 be paid to the Firm as full commission in connection with said purchase transaction and the balance shall belong to Seller.This 207 payment k/the Firm shall not terminate this Listing. 288 OPEN HOUS AND f NG RE Seller is aware that there is a potential risk of injury. damage 289 and/or theft involving persons attending an "individual ahmming^ or an "open houoe." Seller accepts responsibility for 280 preparing the Property to minimize the likelihood of injury, damage and/or loss of personal property. Seller agrees to 291 hold the Firm and its agents harmless for any |oaaoo or liability resulting from personal injury, property damage, or theft 292 occurring during "individual nhmmingo" or ''open houaea" other than those caused by the negligence or intentional 283 wrongdoing of the Finn or its agents. Seller acknowledges that individual showings and open houses may be conducted 294 by licensees other than the Finn, that appraisers and inspectors may conduct nppxaiuu|a and inspections without being 295 accompanied by agents of the Finn or other |ioenaeeo, and that buyers or licensees may be present at all inspections 296 and testing and may photograph or videotape Property un|oam otherwise provided for in additional provisions at lines 297 32O-331urinanaddendum per lines 332-337. 290 The Listing 0enn is extended for a period of one year as to any Protected Buyer. Upon 290 receipt ofawritten request from Seller or firm that has listed the Property. the Firm agnaoo to promptly deliver to Seller 300 a written list of those buyers known by the Firm and its agents to whom the extension period applies. Should this Listing 301 be terminated by Seller prior to the expiration of the term stated in this Listing, this Listing shall be extended for 802 Protected Buyers, on the same terms, for one year after the Listing is terminated (lines 303-311). 503 Neither Seller nor the Firm has the legal right to unilaterally terminate this Listing absent a 804 material breach of contract by the other party. Seller understands that the parties to the Listing are Seller and the Finn. 305 Agents for the Firm do not have the authority to enter into a mutual agreement to terminate the Listing, amend the 300 commission amount or shorten the term of this Listing, without the written consent of the agent(s)'supervising broker.Seller 307 and the Firm agree that any termination of this Listing by either party before the data stated on line 339 ahu|| be 808 effective by the Seller only if stated in writing and delivered to the Finn in accordance with lines 253-275 and effective 809 by the Firm only if stated in writing by the supervising broker and delivered to Seller in accordance with lines 253-275. 810 CAUTION: Early termination of this Listing may be m breach of contract, causing the terminating party to 311 potentially be liable for damages. 312 1 DISPUTE RESOLUTION I The Parties understand that if there is a dispute about this Listing or an alleged breach, and 313 the parties cannot resolve the dispute bymutual agreement, the parties may consider judicial resolution in court ormay 314 consider alternative dispute resolution. Alternative dispute neuu|udun may include mediation and binding 315 arbitration. Should the parties desire to submit any potential dispute to alternative dispute naao|ution, it is recommended 310 that the parties add such inAdditional Provisions orinonAddendum. 317 You may obtain information about the sex offender registry and 318 persons registered with the registry by contacting the Wisconsin Department of Corrections on the Internet at 318 orbytelephone at(SU8)24O-5830. Produced with zipmrmS by zipLogix ,80mFifteen Mile Road,Fraser,Michigan*80x uwwoir)Luoix.com omThird Street, Page 7 of 7,wB-5 320 ADDITI®NAL PR 1!I I N 321 322 323 324 325 326 327 328 329 330 331 332 ADDENDA The attached addenda 333 334 335 336 337 is/are made part of this Listing. 338 TERM OF THE CQ NTRACTFrom the 15th day of April 2019 339 up to the earlier of midnight of the 14th day of April 2020 or the 340 conveyance of the entire Property. 341 BY SIGNING BELOW, SELLER ACKNOWLEDGES RECEIPT OF A COPY OF THIS LISTING CONTRACT AND 342 THAT HE/SHE HAS READ ALL 7 PAGES AS WELL AS ANY ADDENDA AND ANY OTHER DOCUMENTS 343 INCORPORATED INTO THE LISTING. 344 All persons signing below on behalf of a Seller Entity represent that they have legal authority to sign for and bind the Entity. 345 St. Croix County 346 Seller Entity Name (if any) Print Name 1 347 (x) 348 Authorized Signature Date 349 Print Name&Title} 350 351 Seller Entity Name(if any) 352 (x) Date 353 Authorized Signature ji 354 Print Name&Title} 355 (x) 356 Seller's Signature Print Name Date 357 (x) 358 Seller's Signature Print Name Date 359 (x) 360 Seller's Signature Print Name Date 361 (x) 362 Seller's Signature Print Name Date 363 Feather Real Estate Grout, Inc. 364 Firm Name 365 (x) 366 Agent's Signature Print Name I Charles Feather Date Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zioLooix.com 920 Third Street, WISCONSIN eEALToRasASSOCIATION Real Estate Solutions +xo| Forest Run Road Pay*| m4 Madison,Wisconsin soro" SELLER DISCLOSURE REPORT-COMMERCIAL THIS DISCLOSURE REPORT CONCERNS THE REAL PROPERTY LOCATED AT 920 Third Street IN THE Village (C|T0(VILLAGE)(TOWN)OF Hammond COUNTY OF St. Croix STATE OFWISCONSIN. THIS REPORT|SADISCLOSURE OFTHE CONDITION OFTHAT PROPERTY AS OF April (MONTH) 15 (OAY) 2019L (YEAR). When listing a pmpertyVWo. Admin Code § REEB 24.07(1)(b) requires licensees to inspect the property and to "make inquiries of the seller on the condition of the otructune, mechanical systems and other relevant aspects of the property. The licensee shall request that the seller provide av,ri8en response to the licensee's inquiry." This Seller Disclosure Report is u tool designed to help the licensee fulfill this license law duty. This is not warranty of any kind by the owner or any agents representing any party in this transaction and is not a substitute for any inopo«bono, testing or warranties that the parties may wish to obtain. This is nota disclosure report required byYWo. Stat. Ch. 709 and the owner iovoluntarily providing this information. NOTICE TO PARTIES REGARDING ADVICE ORINSPECTIONS � Real estate |ioonoeoo may not provide advice or opinions concerning whether or not an item is a defect for the purposes of this report orconcerning the legal rights or obligations of pates to a transaction. The parties may wish to obtain professional advice or � inspections of the property and to include appropriate provisions in a contract between them with respect to any advice, inspections, defects, orwarranties. A. OWNER'S INFORMATION Al. |nthis form, ^aware^means the^mwner(s)^have notice orknowledge. A2 in this fnnn. ''defect' means a condition that would have a significant adverse effect on the value of the property-, that would significantly impair the health or safety of future occupants of the property; or that if not repaired, removed, or replaced would significantly shorten or adversely affect the expected nonnu|life of the premises. A3. In this honn. "owner" means the person or persons, end1y, or organization that owns the above-described real property. A4. The owner represents that to the best of the owner's knowledga, the responses to the following questions have been accurately checked as ^you.^ ''no.' or"not applicable (N/A)''tothe property being sold. If the owner responds toany question with ''yoa." the owner shall provide an explanation of the reason why the response to the question is "yes" in the area provided following each group of questions. A5. The owner discloses the following information with the knowledge that, oven though this is not awarranty, prospective buyers may rely on this information in deciding whether and on what terms to purchase the property. The owner hereby authorizes the owner's agents and the agents of any prospective buyer to provide a copy of this report, and to disclose any information in the mport, to any person in connection with any actual or anticipated sale of the property. B. STRUCTURAL AND MECHANICAL YES NO N/A B1 Are you aware of defects in the roof? El El El B2. Aro you mwuna of defects in the e|ooirima|system? El 1:1 El B3. Are you aware ufdefects inpart ofthe plumbing system? [] El 1:1 B4. Are you aware of defects in the heating and air conditioning system (including the air filters and [] El El humidifiono).fire safety,security orlighting? B5. Are you aware of defects in the basement or foundation(including cracks,seepage,and bulges)? [� 0 O0. Are you aware of defects in any structure or structural components on the pmpoUY (including El 1:1 E] walls)? B7. Are you aware of defects in mechanical equipment included in the sale either as fixtures or [] El 1] personal property? 88. Are you aware of rented items located on the property or items affixed to or closely associated El [] [] with the property? B8. Explanation of'yeo^ paopon000 Real Estate w*w=uo^o=**�"m=°�=r*=nomow ,�" 7153086600 Fax 920 Third m"* Charles p=*� Produced with"ip=orm@ by zipLouu ,omoFifteen Mile Road,Fraser,Michigan+8026 uwu.ziruo(iix.umu Page 2 of 4 C.ENVIRONMENTAL YES NO N/A C1. Are you aware of the presence of unsafe levels of mold? ❑ ❑ ❑ C2. Are you aware of a defect caused by unsafe concentrations of, or unsafe conditions relating to, ❑ ❑ ❑ radon, radium in water supplies, high voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the property, lead in paint, lead in soil, pesticides, or other potentially hazardous or toxic substances on the property? C3. Are you aware of the presence of asbestos or asbestos-containing materials on the property? ❑ ❑ ❑ C4. Are you aware of the presence of or a defect caused by unsafe concentrations of, unsafe ❑ ❑ ❑ conditions relating to, or the storage of hazardous or toxic substances on neighboring properties? C5. Are you aware of current or previous termite, powder post beetle, or carpenter ant infestations or ❑ ❑ ❑ defects caused by animal, reptile, or insect infestations? C6. Are you aware of water quality issues caused by unsafe concentrations of or unsafe conditions ❑ ❑ ❑ relating to lead? C7. Are you aware of the manufacture of methamphetamine or other hazardous or toxic substances ❑ ❑ ❑ on the property? C8. Are you aware of governmental investigation or private assessment/audit (of environmental ❑ ❑ ❑ matters)ever being conducted? C9. Explanation of"yes" responses D.STORAGE TANKS YES NO N/A D1. Are you aware of underground or aboveground fuel storage tanks on or previously located on the ❑ ❑ ❑ property for storage of flammable or combustible liquids, including but not limited to gasoline and heating oil? D2. Are you aware of defects in the underground or aboveground fuel storage tanks on or previously ❑ ❑ ❑ located on the property? D3. Explanation of"yes" responses E.TAXES,SPECIAL ASSESSMENTS, PERMITS, ETC. YES NO N/A E1. Have you received notice of property tax increases, other than normal annual increases, or are ❑ ❑ ❑ you aware of a pending property reassessment? E2. Are you aware that remodeling was done that may increase the property's assessed value? ❑ ❑ ❑ E3. Are you aware of pending special assessments? ❑ ❑ ❑ E4. Are you aware that the property is located within a special purpose district, such as a drainage ❑ ❑ ❑ district, that has the authority to impose assessments against the real property located within the district? E5. Are you aware of any proposed construction of a public project that may affect the use of the ❑ ❑ ❑ property? E6. Are you aware of any remodeling, replacements, or repairs affecting the property's structure or ❑ ❑ ❑ mechanical systems that were done or additions to this property that were made during your period of ownership without the required permits? E7. Are you aware of any land division involving the property for which a required state or local permit ❑ ❑ ❑ was not obtained? E8. Explanation of"yes" responses F.LAND USE YES NO N/A F1. Are you aware of any zoning code violations with respect to the property? ❑ ❑ ❑ F2. Are you aware of the property or any portion of the property being located in a floodplain,wetland, ❑ ❑ ❑ or shoreland zoning area, or of flooding, drainage problems, standing water or other water problems affecting the property? F3. Are you aware of nonconforming uses of the property or nonconforming structures on the property? ❑ ❑ ❑ F4. Are you aware of conservation easements on the property? ❑ ❑ ❑ F5. Are you aware of restrictive covenants or deed restrictions on the property? ❑ ❑ ❑ F6. Are you aware of nonowners having rights to use part of the property, including, but not limited to, ❑ ❑ ❑ rights-of-way and easements other than recorded utility easements? Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zioLooix.com 920 Third Street, Page 3 of 4 YES NO N/A F7. Are you aware of the property being subject to a mitigation plan required under administrative ❑ ❑ ❑ rules of the Wisconsin Department of Natural Resources related to county shoreland zoning ordinances? F8. Use Value. a. Are you aware of all or part of the property having been assessed as agricultural land under ❑ ❑ ❑ Wis. Stat. s. 70.32(2r)(use value assessment)? b. Are you aware of the property having been assessed a use-value assessment conversion ❑ ❑ ❑ charge relating to this property?(alis. Stat.s. 74.485(2)) c. Are you aware of the payment of a use-value assessment conversion charge having been ❑ ❑ ❑ deferred relating to this property?(alis. Stat.s. 74.485(4)) F9. Is all or part of the property subject to or in violation of a farmland preservation agreement? ❑ ❑ ❑ F10. Is all or part of the property subject to,enrolled in, or in violation of the Forest Crop Law, Managed ❑ ❑ ❑ Forest Law,the Conservation Reserve Program, or a comparable program? F11. Are you aware of a dam that is totally or partially located on the property or that an ownership in a ❑ ❑ ❑ dam that is not located on the property will be transferred with the property because it is owned collectively by members of a homeowners' association, lake district, or similar group? (If "yes," contact the Wisconsin Department of Natural Resources to find out if dam transfer requirements or agency orders apply.) F12. Are you aware of boundary or lot line disputes, encroachments, or encumbrances affecting the ❑ ❑ ❑ property? F13. Are you aware there is not legal access to the property? ❑ ❑ ❑ F14. Are you aware of federal, state, or local regulations requiring repairs, alterations, or corrections of ❑ ❑ ❑ an existing condition?This may include items such as orders to correct building code violations. F15. Are you aware of a pier attached to the property that is not in compliance with state or local pier ❑ ❑ ❑ regulations?See http://dnr.wi.gov/topic/waterways for more information. F16. Are you aware of one or more burial sites or archeological artifacts on the property? (For ❑ ❑ ❑ information regarding the presence, preservation, and potential disturbance of burial sites, contact the Wisconsin Historical Society at 800-342-7834 or www.wihist.org/burial-information). F17. Explanation of"yes"responses G.ADDITIONAL INFORMATION YES NO N/A G1. Are you aware of a structure on the property that is designated as a historic building or that all or ❑ ❑ ❑ any part of the property is in a historic district? G2. Are you aware of any agreements that bind subsequent owners of the property, such as a lease ❑ ❑ ❑ agreement or an extension of credit from an electric cooperative? G3. Are you aware of defects in a well on the property or in a well that serves the property, including ❑ ❑ ❑ unsafe well water? G4. Are you aware of a joint well serving the property including any defect related to a joint well ❑ ❑ ❑ serving the property? G5. Are you aware that a septic system or other private sanitary disposal system serves the property ❑ ❑ ❑ including defects in the septic system or other private sanitary disposal system on the property or any out-of-service septic system that serves the property and that is not closed or abandoned according to applicable regulations? G6. Are you aware of an "LP" tank on the property, including defects? (If "yes," specify in the ❑ ❑ ❑ additional information space whether the owner of the property either owns or leases the tank.) G7. Are you aware of material damage from fire,wind, floods, earthquake, expansive soils, erosion or ❑ ❑ ❑ landslides? G8. Are you aware of nearby airports, freeways, railroads or landfills, or significant odor, noise, water ❑ ❑ ❑ intrusion or other irritants emanating from neighboring property? G9. Are you aware of any shared usages such as shared fences,walls, driveways, or signage, or any ❑ ❑ ❑ defect relating to the shared use? G10. Are you aware of leased parking? ❑ ❑ ❑ G11. Are you aware of other defects affecting the property? ❑ ❑ ❑ G12. The owner has owned the property for years. G13. Explanation of"yes"responses Note: Any sales contract provision requiring inspection of a residential dumbwaiter or elevator must be performed by a state-licensed elevator inspector. Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www zioLogix com 920 Third Street, Page 4 of 4 OWNER'S CERTIFICATION The owner certifies that the information in this report is true and correct to the best of the owner's knowledge as of the date on which the owner signs this report. Entity Name(if any): Name&Title of Authorized,Representative;Signing,for Entity;, Authorized,Signature for Entity: Date Owner Date Owner Date Owner Date Owner Date Owner Date CERTIFICATION BY PERSON SUPPLYING INFORMATION A person other than the owner certifies that the person supplied information on which the owner relied for this report and that the information is true and correct to the best of the person's knowledge as of the date on which the person signs this report. Person Items Date Person Items Date BUYER'S ACKNOWLEDGEMENT The prospective buyer acknowledges that technical knowledge such as that acquired by professional inspectors may be required to detect certain defects such as the presence of asbestos, building code violations, and floodplain status. acknowledge receipt of a copy of this statement. Entity Name(if any): Name&Title of Authorized Representative Signing for Entity: Authorized Signature for Entity: Date Prospective buyer Date Prospective buyer Date Prospective buyer Date Prospective buyer Date Prospective buyer Date Copyright©2018 by Wisconsin REALTORS®Association,Drafted by:Cori Moore Lamont No representation is made as to the legal validity of any provision or the adequacy of any provision in any specific transaction. This report form does not satisfy Ws.Stat.chapter 709 which generally applies to transfers of real estate containing 1-4 dwelling units or vacant land. Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLogix.com 920 Third Street,