HomeMy WebLinkAbout48-76 RESOLUTION1 4 •
RESOLUTION NO. 48-74
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH ORTHOPAEDIC -NEUROLOGICAL CLINIC, LTD.
FOR COST SHARING IN THE CONSTRUCTION OF A SEWER LINE FROM THE
ORTHOPAEDIC -NEUROLOGICAL CLINIC TO AN EXISTING CITY SEWER LINE
CROSSING PARADISE VALLEY GOLF CLUB.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be, and they hereby are,
authorized and directed to execute a contract with Orthopaedic -
Neurological Clinic, Ltd. whereby the City of Fayetteville and
said corporation agree to share the cost of constructing a sewer
line from the Orthopaedic -Neurological Clinic to an existing
city sewer line across Paradise Valley Golf Club in accordance
with the following terms:
(a) Orthopaedic -Neurological Clinic, Ltd. and the
City of Fayetteville agree to share equally all costs of
acquiring an easement across Paradise Valley Golf Club,
including but not limited to, abstracter fees, appraisal
fees, attorney fees, and just compensation agreed upon by
the property owners or awarded by a jury; provided, the
maximum obligation of Orthopaedic -Neurological Clinic,
Ltd. Shall be $10,000.00.
(b) Orthopaedic -Neurological Clinic, Ltd. agrees to
pay all construction costs for the installation of said
sewer line, which line shall be of 8 inch diameter; pro-
vided, the City of Fayetteville agrees to pay the difference
between the cost of 6 inch pipe and 8 inch pipe.
PASSED AND APPROVED THIS d7WDAY OF Litiattal.C.) , 1976.
ATTEST:
oittatte (etudatiLsok
CITY CLERK
APPROVED:
/2 y
MAY R
CONTRACT
THIS CONTRACT executed on this /14741 day of
1976 by and between CITY OF FAYETTEVILLE, ARKANSAS, a Municipal
Corporation, hereinafter called the "City", and ORTHOPAEDIC -
NEUROLOGICAL CLINIC, LTD., a Professional Corporation duly .
organized under the laws of the State of Arkansas, hereinafter
called the "Clinic".
WHEREAS, the City has proposed for future construction
sewer lines to serve certain areas in the Northeastern section
of the City, including the property presently occupied by the
Clinic; and
WHEREAS, the Clinic is presently served byaprivate sewer
system but desires immediate connection to City sewer; and
WHEREAS, the City does not have sufficient funds at this
time to construct a sewer line to serve that area of the City
in which the Clinic is located; and
WHEREAS, it would be mutually advantageous to the City
and to the Clinic to enter into a cost sharing agreement
whereby a sewer line to serve the area of the City in which
the Clinic is located could be constructed immediately.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN
THE CITY AND THE CLINIC AS FOLLOWS:
1. The Clinic agrees to construct at its expense an eight
inch sewer line from the Clinic to an existing sewer line
located within Paradise Valley Golf Club, said sewer line to
be constructed in accordance with plans and specifications
approved by the City Engineer; the City agrees to reimburse
the Clinic an amount equal to the difference in costs and
expenses between the installation of an eight inch sewer pipe
and the installation of a six inch sewer pipe, including (but
not necessarily limited to) the additional cost of materials,
pipe, labor, engineering and excavation.
2. The City agrees to acquire, by negotiation with the
property owner or by condemnation, a 20 foot permanent easement
and a 30 foot temporary construction easement across Paradise
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Valley Golf Club for the purpose of constructing, maintaining,
repairing, or enlarging said sewer line. The Clinic agrees to
reimburse the City an amount equivalent to fifty percent (50%)
of all costs incurred by the City in acquiring said easements,
said costs to include but not be limited to, abstracter's fee,
appraisal fees, attorney fees, and just compensation agreed upon
by the property owner or awarded by a jury; provided, the maximum
obligation of the Clinic in this regard shall be Ten Thousand Dollars
($10,000.00).
3. Any reimbursement due either party under the terms of
this agreement shall be paid within ten (10) days from the date
of receipt of a written statement therefor.
WITNESS the hands and seals of the parties hereto.
ATTEST:
(1,titAcei
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
BY
CITY CLERK
ATTEST:
TITLE
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447t 422 (221:0
MA OR
ORTHOPAEDIC -NEUROLOGICAL CLINIC, LTD.
BY
TITLE