Good morning.

Veterans Day in Whitewater will be cloudy with scattered showers and a high of 53. Sunrise is 6:42 and sunset is 4:35 for 9 hours 53 minutes of daylight. The moon is a waxing crescent with 5% of its visible disk illuminated.
On this day in 1918, Germany signs an armistice agreement with the Allies in a railroad car in the forest of Compiègne.
The City of Whitewater and Anderson Ashton/KML RE Holdings, LLC, a Wisconsin developer, have proposed an agreement of sale for 7.21 acres along Bluff Road. On Monday evening, that agreement passed review at Whitewater’s Planning Commission; the proposed agreement now goes before the Whitewater Common Council for possible approval. The proposal appears below.
Skip to PDF contentIt is a sound and sensible agreement, flexible and valuable to Whitewater. The proposed sale follows an earlier June 2026 Letter of Intent between the parties. (While this libertarian blogger has also included from the agenda packet an accompanying memorandum to the proposed agreement of sale, that memorandum is explanatory; it is not itself a contractual term or a substitute for the language of the offer and addendum.)
Here are the principal terms of the agreement of sale as it now stands. (There are possible changes that either party might make. That’s common — some provisions might change slightly; here I am writing about the key provisions as they are now published.)
Parcel: KML RE Holdings LLC, associated with Anderson Ashton’s Matthew Mehring, offers to buy the city’s approximately 7.21-acre Bluff Road parcel for $1, with $1 in earnest money. The earnest money is not the sale price, but would ordinarily be applied toward it. (Whitewater would also be obligated to pay applicable brokerage fees and commissions to Anderson Commercial Group on the sale.)
City approval: The offer requires Common Council approval. The offer sets November 25 as its binding-acceptance deadline.
Buyer’s review period: After the specified city approval and notice, the buyer has up to 180 days to assess the land and project. The sale could close sooner than 180 days. The buyer may terminate during that period if dissatisfied with due diligence, including site conditions and economic feasibility.
Conditions to closing: The buyer must be satisfied with financing, required governmental and zoning approvals, a mutually acceptable development agreement, and commercial leases with tenants on terms acceptable to the buyer. Unless it expressly waives or satisfies in writing its conditions by the review deadline, the offer becomes void and its earnest money is returned.
Public support: The buyer seeks at least $500,000 for specified infrastructure through TID 11 on a pay-as-you-go basis. The staff memo calls the amount “approximately $500,000.” The final amount and terms are reserved for a later development agreement. (Any required economic benefit amount to Whitewater would have to be part of any development agreement, yet to be reached by the parties.)
Closing date: Closing is to occur within 15 days after the buyer satisfies or waives its conditions, though it may close sooner. The buyer can assign the offer without city consent to an entity under common control of the buyer. (Assignments beyond this would require city consent, which cannot be unreasonably withheld, conditioned, or delayed.) The proposed-use language permits other approved commercial uses, and the addendum allows a change after closing consistent with the eventual development agreement and zoning.
Whitewater is exposed to low risk during the review period. (Indeed, one risk is the microscopically small opportunity cost that another buyer might come along during this developer’s review period. This parcel has been vacant for many years — another good prospect is unlikely to come along in the next several months.)
The deal also provides flexibility: The proposed uses include a grocery store and daycare, but the agreement permits other commercial uses with city approval for the deal to conclude favorably — Whitewater and the developer need only reach a deal at a stated minimum municipal contribution, if agreeable to both parties.
This is a sound agreement of sale — very low risk to, but potentially high reward for, Whitewater.
Suet Breakfast For Pileated Woodpecker:

