HomeMy WebLinkAbout1975-01-10 - Minutes - Archive•
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MINUTES OF SPECIAL MEETING OF THE HOUSING AUTHORITY
OF THE CITY OF FAYETTEVILLE, ARKANSAS
The Housing Authority of the City of Fayetteville, Arkansas met in
Special Session at 11:30 o'clock a.m., on Fri:dayy,January 10, 1975,
in the office of the Authority, #1 North School Avenue, Fayetteville,
Arkansas.
Mr. Gould, Chairman, called the meeting to order.
On roll call the following members were present:
Commissioners: Gould, Underwood, Clinton
Commissioners Absent: Morgan
Others present: R. L. Dugun, Bromo Wilson, Delbert Allen,
Pat Donat, Russell Purdy, Hugh Kincaid
The Chairman ordered that the following Waiver and Consent be spread
upon the Minutes:
WAIVER OF NOTICE OF AND CONSENT TO SPECIAL MEETING
We, the undersigned, do hereby accept notice of this SPECIAL MEETING,
waiving any and all irregularities in the service of notice and do
hereby consent and agree that the Commissioners of the Housing Authority
of Fayetteville, Arkansas shall meet at their regular meeting place at
8:30 o'clock a.m., on the 10th day of January, 1975, for the following
purposes:
1. Roll Call
2. Resolution approving compromise settlement agreement with
Brennan -Boyd Construction Co. on ARK 97-1
3. Resolution approving sale of Parcel R 4-A
/s/ J. W. Gould
/s/ Roy Clinton
/s/ W. G. Underwood
RESOLUTION NO. 169
COMPROMISE SETTLEMENT AGREEMENT
Mr. Dugan explained the resolution, and after discussion Resolution
No. 169 was adopted by motion of Mr. Underwood, seconded by
Mr. Clinton, and car@ied unanimously.
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RESOLUTION NO. 170
RESOLUTION ACCEPTING DEVELOPMENT PLAN AND AUTHORIZING EXECUTION
OF CONTRACT FOR SALE OF LAND IN PROJECT ARK. R-105
Mr. Dugan explained the resolution, and after discussion, Resolution
No. 170 was adopted by motion of Mr. Clinton, seconded by Mr. Underwood,
and carried unanimously.
Mr. Gould asked Mr. Clinton and Mr. Underwood to present two nominees
to the Board at the next meeting for the position of Commissioner.
He also asked that they have two names to present for the Grievance
Committee.
There being no further business, Mr. Gould, Chairman, adjourned the
meeting.
ATTEST:
czt
SECRETARY
THE HOUSING AUTHORITY OF THE CITY
OF FAYETTEVILLE, ARKANSAS
CHAIRMA
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2A..O-QJ &ttd_ayn Vie . I (cc)
• COMPROMISE SETTLEMENT AGREEMENT
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MEM
This agreement made and entered into this the 3rd day of
January , 19 75 , by and between Brennen -Boyd Construction
Company, Inc., herein called the "Contractor" and the Housing Authority of
the City of Fayetteville, Arkansas, herein called the "Authority," a body
corporate and politic created and existing under and by virtue of the
Housing Authority laws of the State of Arkansas.
WHEREAS the Contractor entered into a contract, herein called the
"contract," dated May 1, 1970, with the Authority for the construction
of a low -rent housing project designated as Project ARK 97-1 (the Project)
consisting of 120 dwelling units; and
WHEREAS the Contractor has completed the construction of the dwelling
units specified in and in accordance with the plans and specifications
of the contract; and
WHEREAS the Authority.has retained the amount of $39,000 from the
Contractor, of which $4,200 is for punch list items and $34,800 for liquidated
damages; and
WHEREAS the Authority contends that the Contractor is, by virtue of
the liquidated damage provision in said referred to contract, liable in the
amount of $32,600; whereas the Contractor takes the position that the
Authority is not entitled to any liquidated damages whatsoever, because any
delay in the completion of the contract was due to unforeseeable causes
beyond their control, and thus they have taken the position that they would
institute suit to have the proper court determine the amount of liquidated
damages, if any, due;
NOW THEREFORE, in consideration of the premises and of the mutual
promises and understandings hereinafter contained and to compromise and
settle all claims between the parties in order to avoid litigation and to
resolve the controversy, the parties agree as follows:
1. The amount of $4,200 retained by the Authority for punch list
items will be released to the Contractor as said punch list items have
been completed to the Authority's satisfaction.
2. It is mutually agreed between the Contractor and the Authority
that liquidated damages will be assessed in the amount of $12,000 and
the Authority is authorized to retain the amount of $12,000 from the sum
due the Contractor.
3. That the Authority will release the amount of $22,800 withheld
for liquidated damages to the Contractor.
4. Both parties agree that this is a compromise settlement of only
the amounts for liquidated damages and punch list items allegedly due
under the contract, and that this agreement is no way modifies or changes
the warranty provisions of said contract.
5. That the Contractor will execute a certificate and release
with no exceptions or claims outstanding.
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IN WITNESS WHEREOF, the parties have caused this instrument to
be executed in four original counterparts as of the day and year
written above.
(SEa).
ATTEST*
Secretary
(SEAL)
ATTEST:
V t P,v.
Secretary
APPROVED*
ot
BRENNEN sYD CONSTRUCTION C
By
ANY, INC.
Presiden
HOUSING AUTHORITY OF THE CITY OF
FAYETTEVILLE, ARKANSAS
By
Chairmar.
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By
Acting Area Director
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RESOLUTION NO. 170
RESOLUTION ACCEPTING DEVELOPMENT PLAN AND AUTHORIZING EXECUTION
OF CONTRACT FOR SALE OF LAND IN PROJECT ARK. R-105
WHEREAS, the Housing Authority of the City of Fayetteville,
Arkansas, has advertised for development proposals on certain project
lands; and,
WHEREAS, said proposals were received by the Authority until
10 A.M. of December 30, 1974; and,
WHEREAS, said proposals have been reviewed by the Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS:
1. The redevelopment proposal submitted by Rogers
Investment Company is found to be in conformance with
the offering documents and is hereby accepted.
2. The Chairman and Secretary are hereby authorized and
instructed to execute a Contract for Sale of Land with
said developer for Tract R 4-A in Project ARK R-105.
PASSED AND APPROVED THIS 1 O+& DAY OF ei_, 1975.
ATTEST:
,crSECRETARY
THE HOUSING AUTHORITY OF THE CITY
OF FAYETTEVILLE, ARKANSAS