BILL
NO. 599 RESOLUTION
__________
A
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ASSIGNMENT OF
LEASE AGREEMENT BY AND BETWEEN THE CITY OF WEST PLAINS, MISSOURI, THE SOUTHWEST
MISSOURI OFFICE ON AGING, AND RIVERWAYS SUPPORT SERVICES OF OZARKS MEDICAL
CENTER (ADULT DAY CARE CENTER)
WHEREAS, the City of West Plains,
Missouri desires to execute an assignment of a lease agreement with the
Riverways Support Services of Ozarks Medical Center previously authorized with
the Southwest Missouri Office on Aging; and.
WHEREAS, the Southwest Missouri
Office on Aging and Riverways Support Services of Ozarks Medical Center have
agreed to this assignment and the terms contained therein which the City
Council of the City of West Plains, Missouri deems just, fair, and reasonable;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI AS FOLLOWS:
Section 1: That the City of West Plains, Missouri, be,
and hereby is, empowered and authorized to execute the assignment of lease
agreement (Exhibit A attached) hereto and incorporated by reference herein and
made a part hereof.
Section 2: That Mayor Joe Paul Evans is hereby
authorized and directed to execute said lease agreement for and on behalf of
the City of West Plains, Missouri, and City Clerk Connie Shelton is hereby
authorized and directed to attest the execution of said Assignment of Lease
Agreement by Mayor Joe Paul Evans and affix the seal of the City of West
Plains, Missouri thereon.
Section 3: That this Resolution shall be in full force
and effect from and after its date of passage and approval.
PASSED AND APPROVED THIS __________DAY OF
______________, 2002.
CITY
OF WEST PLAINS, MISSOURI
________________________________________
MAYOR
JOE PAUL (J.P.) EVANS
ATTEST:
_____________________________
CITY CLERK CONNIE SHELTON
ASSIGNMENT OF
LEASE AGREEMENT
THIS ASSIGNMENT, entered into this
____ day of ___________, 2002, by and between the City of West Plains,
Missouri, a municipal corporation, referred to as CITY, the Southwest Missouri
Office on Aging, a Missouri not-for-profit corporation, referred to as
SOUTHWEST, and Riverways Support Services of Ozark Medical Center, referred to
as RIVERWAYS.
WITNESSETH:
WHEREAS, CITY entered into a lease agreement with
SOUTHWEST dated June 1, 1999, for land owned by CITY located immediately north
of the existing Senior Center on East Main Street, West Plains, Howell County,
Missouri; and
WHEREAS, SOUTHWEST desires to assign and transfer its
rights and obligations under the lease agreement to RIVERWAYS; and
WHEREAS, the lease agreement provided that it could not
be assigned without the written consent of CITY.
NOW, THEREFORE, the undersigned parties agree as follows:
1. ASSIGNMENT. SOUTHWEST assigns all of its rights and
obligations to RIVERWAYS under the original lease agreement dated June 1, 1999,
and RIVERWAYS agrees to accept all of the obligations and rights of SOUTHWEST
under the original lease agreement.
CITY agrees to this assignment and transfer from SOUTHWEST to RIVERWAYS.
2. EFFECTIVE
DATE. This transfer shall be effective
as of July 1, 2002.
3. RELEASE
FROM LEASE AGREEMENT. As of the
effective date of this assignment and transfer, SOUTHWEST will be released from
any further obligation or liability under the terms of the original lease
agreement.
4. ORIGINAL LEASE AGREEMENT.
Other than the transfer from SOUTHWEST to RIVERWAYS, all terms and
conditions of the original lease agreement shall remain unchanged. A copy of the original lease agreement dated
June 1, 1999, shall be attached to and made a part of this assignment.
IN WITNESS WHEREOF, the
parties have executed this agreement the day and year first written above.
profit corporation
_______________________________ ______________________________
Dorothy K. Knowles Royce
Fugate
Executive Director City
Administrator
ATTEST:
RIVERWAYS SUPPORT SERVICES OF
OZARK MEDICAL CENTER ______________________________
Connie
Shelton, City Clerk
______________________________
Phil Bagby, President