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HomeMy WebLinkAbout2021-07-06-J01H Agreement_Leonard and OnkenAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 6, 2021 AGENDA ITEM:Consideration of approval of a resolution approving Agreement between City of Waukee, Iowa; Kathleen Maria Leonard; Karen A. Onken FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: In September 2018, the City of Waukee entered into an Offer to Purchase with Kathleen Leonard and Karen Onken to purchase a parcel of land for the purpose of constructing the Southwest Elevated Storage Tank and associated infrastructure and utilities. In the agreement, Leonard and Onken were given the right to continue to use the land and buildings until December 31, 2021 which was the intended project timeline. The City does not plan to undertake the project prior to December 31, 2023. Entering into this agreement allows Leonard and Onken the right to continue to use the parcel of land and associated buildings without interference from the City. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff have no reason for use of this property prior to the December 31, 2023 date. Staff are evaluating the long term use of this property. RECOMMENDATION: Approve the Resolution and Agreement. ATTACHMENTS: I. Resolution II. Agreement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK J1H THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING AGREEMENT BETWEEN THE CITY OF WAUKEE, IOWA; KATHLEEN MARIA LEONARD; KAREN A. ONKEN 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, in September 2018, the Waukee City Council approved a Purchase Agreement with Kathleen Maria Leonard and Karen A. Onken (Resolution #18-379); AND, WHEREAS, the Purchase Agreement provided that Leonard and Onken have the right to use all of the land and buildings on the Property until December 31, 2021, without interference from the City; AND, WHEREAS, the Purchase Agreement contained several Special Provisions establishing December 31, 2021, as the date on which certain events will be completed; AND, WHEREAS, the City does not plan to undertake the Project prior to December 31, 2023, and has agreed that Leonard and Onken may continue to use all of the land and buildings on the Property until December 31, 2023. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1.Loenard and Onken may continue to have the right to use all of the land and buildings on the Property until December 31, 2023, without interference from the City. 2.The dates of the Special Provisions contained in the Agreement should be extended from December 31, 2021 to December 31, 2023 NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of July, 2021, that it hereby approves the Agreement between the City of Waukee and Kathleen Maria Leonard and Karen A. Onken. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair