County attorney advises against approving lease addendum for 'Imagine the Possibilities'; board tables decision

Des Moines County supervisors on July 15 heard that the county attorney recommended against affirming a proposed addendum to a lease with the nonprofit Imagine the Possibilities, citing concerns the addendum could allow the nonprofit to encumber county property without county notice or approval.

The recommendation was read to the board by a county representative: "I do not recommend that we affirm the lease as stated. The addendum ... arguably assigns ... the right to use the property as collateral for any loan without the requirement of the county even be informed. Certainly, no right to object to the encumbrance," the county attorney's office said.

County staff and the nonprofit said the change had been requested to secure insurance and to address questions about property ownership. A caller identified as Cheryl, speaking for Imagine the Possibilities, said parties are still "wrestling about who owns what properties" and asked whether the county currently holds insurance on the properties in question. The county representative said several parcels remain under auditor review and recommended attorneys on both sides speak directly to resolve ownership and insurance questions.

Supervisors voted to table the item for one week and directed staff to arrange an attorney-to-attorney discussion. Sarah, a county staff member, agreed to send the county attorney's contact information to the nonprofit to set up that call.

County staff cautioned that, while insurers were allowing short-term coverage as the parties work through the issue, the underlying ownership questions and the proposed addendum’s language pose legal and liability concerns that the county attorney does not recommend accepting as written.

The board did not adopt the addendum and will revisit the matter after attorneys confer.