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90-4176 Agr AssumptionKuhn -Cox Printing — Salina, Kansas 1 1 RESOLUTION NUMBER 90-4176 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST CONSENT TO ASSIGNMENT AND ASSUMPTION OF UNDIVIDED ONE-THIRD TENANT'S INTEREST AND TO MORTGAGE OF LEASEHOLD ESTATE. WHEREAS, In March, 1980, the City of Salina issued industrial revenue bonds in the principal amount of $380,000 for the purpose of purchasing real estate and constructing a laboratory and office facility to be leased to Gerald K. Palmer, M.D., Norman E. Macy, M.D., and Boyd E. Smith (the "Tenant") and subleased to Drs. Weber, Palmer, and Macy, Chartered, a Kansas professional corporation (the "Subleasee); WHEREAS, It is the desire of the Tenant and the Sublessee to obtain the approval of the City for the assignment and assumption of a one-third tenant's interest to James L. Cooper, M.D., pursuant to section 8.1 of the City's lease with the Tenant dated March 1, 1980 (the "Lease"); WHEREAS, It is also the desire of the Tenant to finance the construction of a building addition to the facility with conventional bank financing and to obtain the City's consent to the granting of a leasehold mortgage as part of the security for such financing pursuant to Section 8.1 of the Lease; SO NOW, THEREFORE Kansas: BE IT RESOLVED by the Governing Body of the City of Salina, Section 1. The Mayor is hereby authorized to sign and the City Clerk to attest a Consent of the City of Salina, Kansas to assignment and assumption of undivided one-third tenant's interest and to mortgage of leasehold estate authorizing the assignment of an undivided one-third tenant's interest to James L. Cooper, M.D. and the granting of a leasehold mortgage by the tenant for the purpose of obtaining bank financing of an addition to the existing laboratory and office facility. Section 2. This resolution shall be in full force and effective from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 19th day of March, 1990. JJ 4seph Warner, Mayor (SEAL] ATTEST_:` Jacque ing-Shiever, City. Clerk