Loading...
HomeMy WebLinkAboutR-2022-098 Assignment of Services to Snyder & Associates by Aylett Surveying and Engineering CoRESOLUTION NO. R -2022-098 A RESOLUTION APPROVING AN ASSIGNMENT OF A SERVICES AGREEMENT TO SNYDER & ASSOCIATES ENGINEERS AND PLANNERS, INC. BY AYLETT SURVEYING AND ENGINEERING CO., INC. WHEREAS, Aylett Surveying and Engineering Co., Inc. ('"Aylett"') entered into an Agreement for Engineering Services dated December 15, 2020 with the City of Riverside, Missouri (the "Agreement"); and WHEREAS, Section 14 of the Agreement expressly provides that Aylett may assign any rights and duties under the Agreement with the City's consent; and WHEREAS, Aylett has informed the City that it has been acquired by Snyder & Associates Engineers and Planners, Inc.; and WHEREAS, Aylett desires to assign the Agreement to Snyder, subject to the City's consent. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the Board of Aldermen approves the assignment of the Agreement from Aylett to Snyder; FURTHER THAT the City Administrator and such other officials of the City may execute any other additional documents or take such other actions as are necessary, incidental or expedient to cany out the intent of this Resolution and the authority granted herein. PASSED AND ADOPTED by the Board Missouri, the /.Q-<J, day of Spt~ 2022. of Aldermen of the City of Riverside, ~ttL, orKathleenL Rose 9 SNYDER & ASSOCIATES August 30, 2022 Travis Hoover City of Riverside 2950 NW Vivion Road Riverside, MO 64150 RE: Professional Service Agreement Dear Travis: IOWA I MISSOURI I NEBRASKA I SOUTH DAKOTA I WISCONSIN As you may be aware, Sam's Survey Co. Inc (Sam's),dba, Aylett Survey Company, Inc; has entered into an Asset Purchase Agreement (the "Purchase Agreement") with Snyder & Associates Engineers & Planners, Inc. ('"Snyder"), pursuant to which Sam's and its affiliates have sold to Snyder, substantially all the assets used in connection with the operations of Sam's business. The effective date of this transaction was July I, 2022. (the "Closing"). In connection with and subject to the Closing, Sam's assigned all its rights and interests under the Agreement to Snyder, and Snyder intends to assume aJI the rights and obligations of Sam's. Pursuant to the tenns of the Agreement, we hereby request your consent to this proposed assignment of the Agreement, as contemplated herein, by having the appropriate person sign this letter in the space provided below and returning it by e-mail to Snyder & Associates, Inc. at accounting@snyder-associates.com By signing below, the undersigned hereby: (i) acknowledges and agrees that this letter constitutes sufficient notice regarding a proposed assignment of the Agreement by Sam's as may be required under the terms and conditions of the Agreement; (ii) consents to the transfer and assignment of all of Sam's right. title and interest in the Agreement to Snyder; (iii) agrees that upon the Closing and consummation of the transactions contemplated in the Purchase Agreement, the Agreement shall continue and remain in full force and effect under the terms and conditions set forth in the Agreement; (iv) acknowledgment that Sam's is in compliance with the Agreement; (v) acknowledges that Sam's and Snyder will act in reliance upon this consent in consummating the transactions contemplated in the Purchase Agreement; and (v) acknowledges that he or she is duly authorized to execute this consent on behalf of the party to the Agreement. Your prompt attention and response would be greatly appreciated. Thank you for your cooperation m this matter. The remaining work will be completed by Snyder and future mvoices will be remitted tO' Snyder & Associates PO Box 1159 Ankeny, IA 50023 August 30, 2022 Page2 of2 Sincerely, Snyder & Associates Engineers & Planners, Inc. Zachary Brinker, PLS Project Manager The undersigned hereby consents to the assignment of the Agreement" Travis Hoover LIMITED ASSIGNMENT OF AGREEMENT Whereas, Aylett Surveying and Engineering Co., Inc. ("Aylett") entered into an Agreement for Engineering Services dated December 15, 202 0 with the City of Riverside, Missouri (the "Agreement"); and Whereas, Section 14 of the Agreement express ly provides that Aylett may assign any rights and duties under the Agreement with the City's consent; and Whereas, Aylett has informed the City that it has been acquired by Snyder & Associates Engineers and Planners, Inc.; and Whereas, Aylett desires to assign up to $10,000 in services under the Agreement to Snyder, subject to the City's consent. Now, therefore, the parties agree as follows: Aylett assigns up to $10,000 in services under the Agreement to Snyder for the purpose of peifonning a topographic survey of the community center pool, subject to the City's consent, and Snyder accepts such limited assignment. Aylett Surveying and Engineering Co., Inc. /4,m._~ A<fm--- By: Name: Title: Date: __ _____.7_-..... ~~IL--....:.;z._,•=------ ,. Approved by the City of Riverside, Missouri: • I