ADDENDUM B
BLUE
RIVER PRESERVE
1 This Addendum is hereby made part of the Offer to Purchase dated__________________, 200__, and
2 Signed by_________________________________________________________________, as Buyer,
3 For the purchase of Lot____, Blue River Preserve, Caledonia, Wisconsin
4 Final Plat Approval. Buyer is aware that the final plat has been recorded. Document Number 2059736
5 dated November 16, 2005. Copy of plat is hereby made part of this offer and is attached. Buyer hereby
6 accepts said final plat.
7 Declaration of Easements and Restrictions. Buyer is aware that the Subdivision is subject to a
8 Declaration of Restrictions (hereinafter “Restrictions”), and Buyer is hereby given a copy of the recorded
9 Restrictions upon the writing of this Offer to Purchase. Said Restrictions were recorded March 21, 2006,
10 Document Number 2077020. The Restrictions include the establishment of various easements. Buyer’s
11 failure to give Seller written notice terminating this contract within five (5) days of acceptance shall be
12 deemed a waiver of this contingency and an acceptance by Buyer of the Restrictions and, if applicable, any
13 amendment or modification thereto. Buyer understands that the Restrictions may be subject to further
14 amendment after closing, in accordance with the amendment provisions set forth in Section 27
15 (twenty seven) of said Restrictions.
15 Architectural Control Committee. Buyer is aware the Restrictions establish an Architectural Control
16 Committee which must approve home, exterior colors, site survey and other plans prior to start
17 of construction.
18 Lampposts, Mailboxes and Posts. The Restrictions require that all lampposts, mailbox posts and
19 mailboxes be uniform throughout the Subdivision, with specifications determined by the Architectural
20 Control Committee. Buyer shall pay Seller’s designated supplier(s), at closing, the sum of up to $800.00
21 per lot purchased for the lamppost, mailbox post and mailbox. Buyer is responsible for pick up and
22 installation.
23 Grading Plan. Buyer’s obligation to conclude this transaction is contingent upon Buyer’s review and
24 approval of that portion of the Master Grading Plan that includes this lot. Delivery of the portion of the
25 Master Grading Plan that includes this lot in hereby made with this Offer to Purchase. In the event Buyer
26 fails to terminate this Offer on the basis of this contingency on or before 5 (five) days after delivery to
27 Buyer of the portion of the Master Grading Plan which includes this lot, this contingency shall automatically
28 be deemed waived, and Buyer shall be deemed to have accepted the Master Grading Plan. Buyer is aware
29 that completion of subdivision grading by developer may result in removal of trees, shrubs and other
30 vegetation from this Lot. Buyer is aware that, upon completion of subdivision grading by the developer, the
31 grade on this Lot may be different, by up to approx. 18”, from that shown on the Grading Plan. This may
32 allow the ground from foundation excavation to be utilized on the Lot, and avoid some of the expense to
33 Buyer of having to truck same off site. Actual ground available from house construction will vary
34 depending upon foundation size, location of Buyer’s house and existing grade. Buyer is aware that Buyer
35 may need to bring in additional fill or remove some of the existing ground from the lot in order to establish a
36 proper final grade.
37 Flood Plain, Wetland, etc. Buyer is aware that some of the lots and outlots in the Subdivision, including
38 possibly the lot which is the subject of this Offer, may include areas which are located in a flood plain,
39 wetland, environmental corridor and/or conservancy area. Seller warrants and represents to Buyer that, in
40 the event a portion of Buyer’s lot is located within a flood plain, wetland, environmental corridor and/or
41 conservancy area, a sufficient portion of Buyer’s lot is outside of any such area, such that a single family
42 residence can be constructed on Buyer’s lot in accordance with the Restrictions and applicable zoning,
43 outside of any flood plain, wetland, environmental corridor and/or conservancy area.
44 Lot Boundaries. Buyer acknowledges receipt of a copy of that portion of the proposed plat for the
45 Subdivision which includes the lot which is the subject of this Offer. Buyer is aware of lot corners and has
46 reviewed and approved the actual lot boundaries, on site. Buyer hereby accepts the lot boundaries.
47 Subsoil Testing and Building Pads. Subject to Seller’s approval as set forth herein, Buyer shall have the
48 right to conduct such soil tests on the property as Buyer may deem appropriate, at Buyer’s sole cost and
49 expense. In the event of any such testing, Buyer shall restore the ground surface and the compaction, with
50 verification of compaction by engineer’s report, to the condition immediately prior to such test. In the event
51 the results of any such testing disclose adverse subsoil conditions which would prohibit the construction of a
52 house with a normal twelve course basement, without extraordinary extra expense, Buyer shall have the
53 right, at Buyer’s sole option, to declare this Offer to Purchase null and void, and in such event, all earnest
54 money shall be returned to Buyer. Buyer’s right to conduct soil tests, and Buyer’s right to terminate this
55 Offer pursuant to this provision, shall be deemed waived unless written notice of termination, together with
56 copies of any such soil tests, are delivered to Seller on or before 45 days after acceptance. To avoid
57 interference with Seller’s construction of subdivision improvements and to avoid possible damage to the lot
58 by unreasonable or unusual testing procedures, Buyer shall obtain Seller’s written approval prior to
59 proceeding with any such soil testing, which approval shall not be unreasonably withheld. Buyer is aware
60 that the lot may contain fill, and that subdivision grading is being performed with the intention that home
61 construction on each lot take place within a building pad area consisting of a strip of land extending from
62 the minimum front yard set-back line to a line parallel to and 50’ back from said front yard set-back line,
63 and extending across the Lot to the minimum side yard set-back lines. Construction of the home and/or
64 other improvements beyond the limits of such building pad area may result in an increased risk of
65 encountering adverse subsoil conditions. Buyer understands that, other than the Limited Subsoil Warranty
66 set forth below, Seller makes no warranties or representations with respect to adverse subsoil conditions.
67 Limited Subsoil Warranty. In the event Buyer encounters, during the course of construction, irregular
68 subsoil conditions requiring greater than a twelve (12) course foundation for the house (or 7 courses below
69 grade, or the original foundation design of the house, whichever is deeper), with seven (7) courses below
70 grade in the garage, the Seller agrees to reimburse Buyer for some of Buyer’s additional foundation expense,
71 subject to the following limitations:
91 (a) Upon excavation and discovery of the requirement for extra courses, Buyer shall
92
halt all further construction and shall promptly notify Seller, who
shall have the right to
93 inspect the excavation to verify the claimed irregular subsoil conditions. Buyer’s failure
94 to comply with this provision shall be deemed a waiver of all of Buyer’s rights under this
95 warranty, and the Seller shall have no financial responsibility to reimburse Buyer for any
96 extra costs.
97 (b) Upon verification by the Seller of the irregular subsoil conditions, the Seller
98 agrees to reimburse the Buyer for some of the additional expense incurred by Buyer as a
99 result of said irregular subsoil conditions, in an amount equal to the lesser of: (i) the
100 actual additional expense incurred by Buyer; or (ii) a sum equal to Three and 50/100
101 Dollars ($3.50) per block for the number of extra block actually installed beyond twelve
102 (12) courses for the house (or 7 courses below grade, or the original foundation design of
103 the house, whichever is deeper), and seven (7) courses below grade for the garage. If
104 Buyer’s foundation is poured concrete instead of concrete block, the maximum
105 reimbursement shall be a sum equal to Three and 50/100 Dollars ($3.50) per block for the
106 number of extra block which would have been required beyond twelve (12) courses for
107 the house (or 7 courses below grade, or the original foundation design of the house,
108 whichever is deeper), and seven (7) courses below grade for the garage, if the foundation
109 had been 12” concrete block instead of poured concrete.
110 (c) If said extra expense is incurred as a result of variation from the yard grades
111 shown on the Master Grading Plan approved in connection with the original development
112 of the subdivision, or because of the unusual design of the home, this Limited Subsoil
113 Warranty shall be null and void and the Seller shall have no financial responsibility to
114 reimburse Buyer for extra costs.
115 (d) Seller shall have no liability or responsibility to reimburse Buyer for extra costs
116 relating to any portion of the foundation which is located more than fifty feet from the
117 minimum required setback from the street.
118 (e) This Limited Subsoil Warranty shall expire two (2) years after the date of closing.
119 Seller shall have no responsibility to Buyer for extra costs in the event construction is not
120 Commenced within two (2) years after the date of closing, and/or in the event Buyer fails
121 to notify Seller of irregular subsoil conditions in accordance with Subsection (a) above on
122 or before two (2) years after the date of closing.
123 Buyer acknowledges that Seller’s liability for irregular subsoil conditions is expressly limited to the terms
124 and provisions of the foregoing Limited Subsoil Warranty. Seller makes no other or further warranties,
125 guarantees or representations with respect to subsoil conditions.
126 Road Construction, Subdivision Improvements and Utilities. Buyer is aware that Seller will be
127 constructing roadways and installing utilities and other subdivision improvements, and may have
128 construction workers and equipment on this property from time to time during the construction phase.
129 Location of utility easements will be determined by the utility company, and may or may not be located
130 adjacent to lot lines. It is understood that, based upon current utility company practices, the applicable
131 utility easements may or may not be recorded prior to closing. Seller expressly reserves the right, after
132 closing, to dedicate such utility easements as may be required by the applicable utility company to service
133 Lots in the Subdivision. Buyer is aware that the construction of roadways, utilities and other subdivision
134 improvements may not be fully completed prior to closing. Seller guarantees to Buyer that all subdivision
135 improvements will be completed within a reasonable time after closing. Seller agrees to provide to the
136 local municipality such financial security as may be required by the municipality for the completion of
137 public improvements. No further financial security shall be required of the Seller at closing. To the extent
138 reasonably necessary for the completion of improvements after closing. Seller shall be deemed to have
139 retained a temporary construction easement on this Lot for the completion of said improvements.
140 Utility Service. Seller agrees that utility service for telephone, electric, natural gas, sewer and water will
141 be installed in the subdivision, no later than six (6) months after the date of closing. The location of said
142 utilities shall be such as is determined by the applicable utility according to its customary practices.
143 Telephone and electric service shall be available for connection either at the lot line or within the lot
144 boundaries. Natural gas service will be installed within the public road right of way in front of this lot or
145 within an easement on this lot. As set forth in the Deed Restrictions, Seller retains the right after closing to
146 grant utility easements on the Lot(s) covered by this Offer, in such locations as a reasonably required by
147 the applicable utility to provide service to the Lots in this subdivision.
148 Real Estate Taxes. In the event this property will not be separately assessed for real estate tax purposes for
149 the year of closing, taxes shall be prorated at the time of closing based upon $500.00. Said taxes shall be
150 prorated in reverse, with Buyer paying to Seller, at closing, the prorated portion from the date of closing
151 through the end of the calendar year. If the lot covered by this Offer will be separately assessed for the year
152 of closing, taxes shall be prorated at the time of closing based upon the actual or estimated assessment for
153 this lot for the year of closing multiplied by the last known net tax rate, and Buyer shall receive a credit for
154 the applicable tax proration at closing. Regardless of how taxes are prorated at closing, either party shall
155 have the right to require a re-proration of taxes, based upon the actual tax bill for the year of closing,
156 provided written demand for such re-proration is given to the other party on or before January 15 of the
157 year after closing. Failure to give timely written notice of demand for re-proration shall constitute a waiver
158 of the right to require re-proration. If this lot is not separately assessed for the year of closing, the
159 re-proration shall be based upon 1/81 of the land portion of the actual tax bill. Any payment due as a result
160 of such re-proration is due and ayable on or before January 31 of the year after closing. Buyer is aware that
161 the property covered by this Offer will likely be subject to reassessment for the year of closing and
162 thereafter.
163 Hazardous substances. Various government agencies and consumer groups have determined that the
164 presence of various substances may be hazardous to the health of individuals exposed to same. Buyer
165 acknowledges that Buyer is aware that the property may contain various substances which may be
166 hazardous. Neither Seller nor Broker make any representations that the property is free from hazardous
167 substances, and any provision to the contrary in this Offer is hereby deleted. Unless otherwise indicated in
168 this agreement or in any other written disclosure, Seller represents that Seller is not aware of any testing
169 having been done on the property which disclosed the existence of hazardous substances constituting a
170 significant health or safety hazard for occupants of the property, and that Seller has not knowingly installed
171 or placed any such substances on the property. Such substances may, however, have been installed or
172 placed on the property as a result of actions of prior owners and/or occupants. Buyer has the right and
173 responsibility to have the property inspected and tested, as part of Buyer’s inspection contingency, for those
174 substances which are material to Buyer’s decision to purchase the property. If this Offer does not include
175 an inspection contingency, Buyer acknowledges that the matters addressed by this paragraph are not
176 material to Buyer’s decision to purchase the property.
177 Buyer Reliance and Release. Buyer acknowledges that in purchasing the subject property Buyer has
178 relied and will rely solely upon Buyer’s own independent inspection and analysis of the property and
179 conditions affecting the property and this transaction. All Buyers release Seller and Broker from any
180 and all liability in any way relating to defects, matters and/or conditions affecting the property or this
181 transaction of which any Buyer had actual knowledge prior to acceptance of this agreement, which are
182 disclosed in this agreement or in Seller’s Real Estate Condition Report, and or which are discovered by or
183 disclosed to any Buyer (by Seller, by Broker or by any third party) prior to the expiration of any applicable
184 inspection or other contingency. Except as set forth elsewhere in this contract, Buyer further acknowledges
185 that Buyer has not requested Seller or Broker to verify or determine any matters which are material to
186 Buyer’s decision to purchase, and that there are no other items or donditions that are material to Buyer’s
187 decision to purchase this property.
187 Disclosure. Buyer is aware that William F. Minett is a member of Blue River Preserve, LLC and is a
188 Licensed Real Estate Broker in the State of Wisconsin. Buyer is aware that William F. Minett, member of
189 Blue River Preserve, LLC is a member of Waterfront Mortgage, LLC.
190 Conflict with Approved Forms. It is intended that this document be used with an approved form as set
191 forth in RL 16.03. In the event any provision of Addendum conflicts with the provisions of the approved
192 form, the provisions of this Addendum shall control.
193 Advertising Materials. Buyer is aware that printed advertising materials previously provided to Buyer
194 Concerning this property may not be entirely accurate, including but not limited to items such as lot sizes,
195 Lot boundaries, locations of public streets and other subdivision improvements and references to deed
196 Restrictions. Buyer has been advised to include appropriate contingencies in this Offer for the verification
197 of all matters which are material to Buyer’s decision to purchase this property.
198 Buyer has read, fully understands and acknowledges receipt of a copy of this Addendum B to the Offer to
199 Purchase.
200 Dated:______________________________
201 ____________________________________ _______________________________________
202 Buyer: Buyer:
203 Seller has read, fully understands and acknowledges receipt of a copy of this Addendum B to the Offer
204 to Purchase.
205 Dated:_______________________________
206 ____________________________________ _________________________________________By: Blue River Preserve, LLC, Mike Schutte, Member Blue River Preserve, LLC, Bill Minett, Member