HomeMy WebLinkAbout2020-07-06-J01N 28E Agr Amendment_Ground Lease and Operation Maintenance_Metropolitan Salt StorageAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 6, 2020
AGENDA ITEM:Consideration of approval of resolution approving Amendment to
Ground Lease and Operation Maintenance Agreement for the
Metropolitan Salt Storage Facility on Metro Waste Authority Property
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The Cities of West Des Moines, Urbandale,
Johnston, Clive, Windsor Heights, Waukee, Grimes, Des Moines and Pleasant Hill entered into a
Ground Lease and Operation Maintenance Agreement for Metropolitan Salt Storage Facility on
Metro Waste Authority Property on August 7, 2014. MWA gave a Notice of Termination to Des
Moines on July 24, 2019 indicating MWA was electing to terminate the Agreement on July 24,
2020. The Notice of Termination was only to Des Moines and not the other cities; indicating it
was requiring Des Moines to remove the Des Moines’ ten thousand ton capacity salt storage
building from the leased site. The agreement does not permit MWA to terminate the Agreement
only as to Des Moines and not the other Cities; however Des Moines is willing to withdraw and
provide a Bill of Sale to the Des Moines building for the consideration set forth herein; including
but not limited to MWA withdrawing and rescinding the Notice of Termination of Ground Lease
and Operation Maintenance Agreement for Metropolitan Salt Storage Facility on Metro Waste
Authority Property dated July 24, 2019 and for Des Moines being allowed to leave the Des
Moines Building upon withdraw from the agreement. MWA and the Cities have requested to
amend the Agreement.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommend approval of the resolution approving
Amendment to Ground Lease and Operation Maintenance Agreement for the Metropolitan Salt
Storage Facility on Metro Waste Authority Property.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Metro Waste Authority Amendment to Ground Lease and Operation
Maintenance Agreement for Metropolitan Salt Storage Facility
on Metro Waste Authority Property
II. Resolution
PREPARED BY:Beth Richardson
REVIEWED BY:Tim Royer TLR
J1N
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING AMENDMENT TO 28E AGREEMENT FOR GROUND LEASE AND
OPERATION MAINTENANCE AGREEMENT FOR METROPOLITAN SALT
STORAGE FACILITY ON METRO WASTE AUTHORITY PROPERTY
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County;
AND,
WHEREAS, on June 16, 2008, the Waukee City Council approved the execution of a 28E
agreement for the lease purchase of a Metropolitan Salt Storage Facility (Resolution #08-128)
and an Operation and Maintenance Agreement related to the same facility (Resolution #08-129);
AND,
WHEREAS, on April 7, 2014, the Waukee City Council approved renewal of the Ground Lease
and Operation Maintenance Agreement (Resolution #14-086); AND,
WHEREAS, the Metro Waste Authority (MWA) has given Notice of Termination of the
agreement to the City of Des Moines; however, the current agreement does not permit MWA to
terminate the agreement with only one participating entity; AND,
WHEREAS, a proposed amendment allows for the City of Des Moines to withdraw from the
agreement while addressing the ownership of the Metropolitan Salt Storage Facility; AND,
WHEREAS, legal counsel have reviewed the proposed 28E agreement amendment and find it
satisfactory;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the
Amendment to 28E Agreement for Ground Lease and Operation Maintenance Agreement for
Metropolitan Salt Storage Facility on Metro Waste Authority Property is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 6th day of July, 2020.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
CITY OF DES MOINES, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
CITY OF WEST DES MOINES, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
CITY OF URBANDALE, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
CITY OF JOHNSTON, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
CITY OF CLIVE, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
CITY OF WINDSOR HEIGHTS, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
CITY OF WAUKEE, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
CITY OF GRIMES, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
CITY OF PLEASANT HILL, IOWA
By_____________________________________________
Attest:
STATE OF IOWA )
) SS
COUNTY OF POLK )
On this _______ day of _____________________________, 20___, before a Notary Public in
and for the City of , personally appeared and
, to me personally known, who being duly sworn, did say that they
are the Mayor and City Clerk, respectively of the City of , Iowa, a
Municipality, created and existing under the laws of the State of Iowa, and that the seal affixed to
the foregoing instrument is the seal of said Municipality, and that said instrument was signed and
sealed on behalf of said Municipality by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipality by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa