HomeMy WebLinkAbout133-82 RESOLUTION•
RESOLUTION NO. /S3 RZ
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A MODIFICATION OF AN AGREEMENT WITH CHARM
HOMES, INC. TO EXTEND THE DATE BY WHICH SAID DEVELOPER
MUST CONSTRUCT A SIDEWALK ALONG THE SOUTH SIDE OF
FAIRLANE TO ARKANSAS HIGHWAY 16 EAST.
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 modification of an agreement with
Chatm Homes, Inc. to extend the deadline by which said
developer must construct a sidewalk along the south side
of Fairlane to Arkansas Highway 16 East. A copy of the
modification authorized for execution hereby is attached
hereto, marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED this 44 day of AciU9 USA , 1982.
APPROVED:
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Mayor
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AGREEMENT
THIS AGREEMENT executed this ?;i day of
1980, by and between the City of Fayetteville,
hereinaftercalledthe "City" and Charm Homes,
called the "Developer".
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Arkansas, ' \P'e-
Inc.,-hereinafter
WHEREAS, the Developer is developing Heritage East
Subdivision in the City of Fayetteville; and
WHEREAS, the Developer and the City desire to enter
into an agreement to provide for construction of sidewalks
to serve said subdivision.
NOW
contained
follows:
THEREFORE, in consideration of the mutual covenants
herein, the City and the Developer hereby agree as
1. The City shall construct to standard City specifications
a sidewalk along the west side of Arkansas Highway 16 from
Fairlane to Huntsville Road.
2. The Developer shall construct a sidewalk to standard
City specifications from the northeast corner of Heritage
East Subdivision along the south side of Fairlane to Arkansas
Highway 16 East.
3. The City shall complete construction of the sidewalk
described in paragraph 1 above within two (2) years from the
date of this Agreement.
4. The Developer shall complete construction of the
sidewalk described in paragraph 2 above on or before the
date the City completes construction of the sidewalk described
in paragraph 1 above.
5. This Agreement shall be binding upon the parties
hereto and upon their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first above written.
ATTEST:
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CITY CLERK
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CITY OFAYETTEVILLE,, RKANSAS
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CHARM HOMES, INC.
By:
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ESIDENT
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MODIFICATION OF. AGREEMENT.
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This agreement made this day of 46164374
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1982, by and between the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called the "City", and
Charm Homes, Inc., hereinafter called the "Developer".
WHEREAS, the parties hereto have entered into an-
Agreement
nAgreement dated October 30, 1980, a copy of which is attached
hereto, marked Exhibit "A" and made a part hereof; and
WHEREAS, the parties desire to enter into a new agreement
modifying the provisions of said agreement.
NOW, THEREFORE, the parties mutually agree as follows:
1. Paragraph 4 of said agreement is modified to read
as follows:
4. The Developer shall complete construction of
the sidewalk described in paragraph 2 above by August 17,
1984, or at such time as the Developer has sold one-
half of the total number of platted lots within Heritage
East Subdivision, whichever occurs first.
2. All provisions of the agreement are incorporated
t ---",herein and are hereby modified"orfsupplemented..to-conform
herewith but in all other respects are to be and shall
continue in full force.
IN WITNESS WHEREOF, the parties have executed this
Modification of. -.Agreement on the day and year first
above written.
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
idtaeVY
Mayor
. By
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Attest
- 'L'City Clerk
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Attest:
CHARM HOMES, INC.
By
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