HomeMy WebLinkAbout15A-88 RESOLUTION RESOLUTION NO. 15A-88 S CA N N E D
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A MAINTENANCE AGREEMENT WITH
PRATT WOODS PROPERTY OWNERS ASSOCIATION.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a maintenance agreement with Pratt Woods
Property Owners Association. A copy of the agreement authorized
for execution hereby is attached hereto marked Exhibit "A" and
made a part hereof .
PASSED AND APPROVED this 16th day of February , 1988 .
APPROVED
By: 7UL4
9Ittt
?-6-,.�
Ma or
'fi
AT,TES'r;
,, , „,.,!‘t .0.n , 77/
iytClerk
1
AGREEMENT
This AGREEMENT, executed this fO day of e'Ve- 4
1988 by and between the City of Fayetteville, Ar' ansas, herein-
after referred to as the "City" , and Pratt Woods Property Owners
Association, an Arkansas nonprofit corporation, hereinafter
referred to as the "Association" .
WHEREAS, the developer of Pratt Woods Addition to the City
of Fayetteville, Arkansas has requested the Fayetteville Board of
Directors to approve the use of five and one-half inch exposed
aggregate streets within the subdivision in lieu of six inches of
SB-2 base, and two inches of asphalt, or five inches of concrete;
and
WHEREAS, the developer of Pratt Woods Addition has also
requested the Fayetteville Board of Directors to approve the use
of cast iron, Victorian-style streetlights, within said sub-
division in lieu of aluminum streetlights; and,
WHEREAS, the Fayetteville Board of Directors has approved
said requests provided all costs in excess of the amount which
would be required if asphalt or concrete streets and aluminum
streetlights were installed is borne by the lot owners.
NOW, THEREFORE, the City and the Association hereby agree as
follows:
1. The City agrees to maintain the exposed aggregate
streets within Pratt Woods Addition on an "as needed" basis,
provided the Association pays to the City in advance of any
maintenance the amount determined by the City to be the additional
maintenance costs which will be incurred as a result of the
developer installing exposed aggregate streets rather than asphalt
or concrete streets.
2. The City shall be under no obligation to maintain any
street within Pratt Woods Addition until such time as the City
receives a cashier ' s check or money order for the amount deter-
mined to be due under paragraph No. 1 above. The City agrees to
perform necessary maintenance to the streets within Pratt Woods
Addition within a reasonable time from receipt of said check or
money order.
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3 . The Association shall pay all maintenance and operation
costs of the streetlamps within Pratt Woods Addition. Each month
the City shall reimburse the Association or its designated agent
an amount equivalent to the amount the City would have paid the
electric utility providing service to Pratt Woods Addition had
standard streetlamps been installed, maintained and operated.
4. The term of this Agreement shall be for a period of
fifty ( 50 ) years from the execution date hereof.
IN WITNESS WHEREOF, this Agreement has been executed on the
date indicated in first paragraph.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayo
904441.41
ATTEST
Cdr—
By: ,1v/
Ci lerk
PRATT WOODS PROPERTY OWNERS ASSOCIA-
TION, AN ARKANSAS NONPROFIT CORPORATION
By:
P esident
ATTEST j
By:
, cretary
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this r) day of //, ,/cW lJ / , 19 ;Q q, before the
undersigned, a Notary Public, duly commissioned, qualified and
acting, within and for the s CquntyL/pdr Stake, appeared in
person th1e withim. named /and '-/'r r 17i to me personally known,
who stated they' were the"P,resident and Secretary respectively, of
Pratt-Woods Property Owners Association, an Arkansas Nonprofit
Corporation and were duly authorized in their respective capaci-
ties to execute the foregoing instrument for and in the name and
behalf of said Association and further stated and acknowledged
that they had so signed, executed and delivered said instrument
for the consideration, uses and purposes therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto Set my hand and
official seal this jO day of (-74 :?_e-7-x—te_ _ , 1988.
2/Z-1
te �'-
Notary Public
( / My Commission Expires:
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this -' day of !Cota
2�� � . 197, beforetheundersigned, a Notary Public, ly commissioned, qualified andacting, withinand for thesaiduntyandStateappearednperson thewithin namedMarilynJnson andSuzanneC. McWethyoe personallyknown, whostated ththey weretheMyorandCiyClerk, respectively, oftheCiofFayettevill , Arkansas, amunicipalcorporation, andwere dy authorized in their respec-
tive capacities to execute the foregoing instrument for and in the
name and behalf of said municipal corporation, and further stated
and acknowledged that they had so signed, executed and delivered
said instrument for the consideration, uses and purposes therein
mentioned and set forth.
IN TESTIMONY F, I h hereun set my hand and
official seal this �� ay of �(..Plyyl� , 1988.
Notary u lic
My Commissio Expires:
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