HomeMy WebLinkAbout2021-05-17-Resolution 2021-192_Termination of Third Agreement-Water Service Enhancement, Des Moines Water WorksTHE CITY OF WAUKEE, IOWA
RESOLUTION 2021-192
APPROVING TERMINATION OF THIRD AMENDMENT TO WATER SERVICE
ENHANCEMENT AGREEMENT
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, the City of Waukee is a duly organized municipality within Dallas County; AND,
WHEREAS, the City of Waukee operates a municipal water utility; AND,
WHEREAS, the City of Waukee ("Waukee") and Des Moines Water Works ('`DMWW") are
parties to a Water Service Enhancement Agreement dated May 26, 1992, which Waukee joined
by addendum dated August 24, 1992 (the "Water Service Enhancement Agreement"). DMWW
and Waukee have subsequently entered into five amendments thereto as they affect such parties,
including a Third Amendment dated June 24, 2003 (the "Third Amendment"). In the Third
Amendment the parties terminated the First Amendment and the Second Amendment as defined
in the Third Amendment and have subsequently entered into a Fourth Amendment and Fifth
Amendment; AND,
WHEREAS, the parties desire to document that the Third Amendment has been fully performed
by the parties and is no longer of ongoing force or effect, except insofar as it terminated the First
Amendment and the Second Amendment.
NOW THEREFORE BE IT RESOLVED
1. The Third Amendment to the Water Service Enhancement Agreement is hereby terminated
and is acknowledged and agreed by the parties to have been fully performed by the parties.
The Third Amendment shall be deemed to be of no further force and effect as of this date,
except to cause the termination of the First Amendment and Second Amendment as set forth
in the Third Amendment.
2. All payments and contract performances due under the Third Amendment between DMWW
and Waukee have been fully made and satisficed and there are no remaining further
obligations thereunder. The parties mutually release each other from all claims under the
Third Amendment.
3. Except as amended hereby, the Water Service Enhancement Agreement, as previously
amended, shall remain in full force and effect. For avoidance of doubt this means that the
Water Service Enhancement Agreement, as amended by the Fourth Amendment and the Fifth
Amendment shall remain in full force and effect.
BE IT FURTHER RESOLVED, by the City Council of the City of Waukee, Iowa, that the
Termination of Third Amendment to Water Service Enhancement Agreement are hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 17`t' day of May,
2021.
Attest:
OA&414 0-- 6A�X��
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
(P,4—�
Courtney C arke, Mayor
NAY ABSENT ABSTAIN