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HomeMy WebLinkAbout2018-09-12-D01 William Fox Farm Purchase Option TerminationAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 12, 2018 AGENDA ITEM:Consideration of approval of a resolution approving the termination of an Offer to Buy Real Estate and Acceptance between William Fox Farm Company, Inc., and the City of Waukee FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff recommends termination of the offer. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: D1 THE CITY OF WAUKEE, IOWA RESOLUTION 18- APPROVING THE TERMINATION OFFER TO BUY REAL ESTATE AND ACCEPTANCE BETWEEN WILLIAM FOX FARM COMPANY, INC., AND THE CITY OF WAUKEE IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, on May 21, 2018, the Waukee City Council approved an Offer to Buy Real Estate and Acceptance (Nonresidential) between William Fox Farm Company, Inc. (“Seller”), and the City of Waukee (Resolution #18-209) and the Amendment thereto extending the due diligence period (Resolution #18-341); AND, WHEREAS, due to certain issues that have been discovered during due diligence the property is deemed unsuitable for use as a public safety facility as contemplated by the City and it is deemed appropriate to terminate the purchase agreement as provided therein; AND, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waukee that the Agreement dated May 21, 2018, between William Fox Farm Company, Inc. (“Seller”), and the City of Waukee (Resolution #18-209) and the Amendment thereto extending the due diligence period (Resolution #18-341) should be terminated and written notice of termination shall be delivered to Seller in accordance with the provisions thereof. PASSED, APPROVED, AND ADOPTED this 12th day of September, 2018. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon