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