HomeMy WebLinkAbout67-84 RESOLUTIONRESOLUTION. NO. 67-84
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT WITH MERLIN J. AUGUSTINE
FOR HAY REMOVAL AT THE POLLUTION CONTROL PLANT SITE.
:BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
diiected toexecute an agreement. with Merlin J. Augustine
for hay removal at the pollution control plant site. A
copy of the agreement authorized for execution hereby, is
attached hereto, marked Exhibit "A", and made a part hereof.
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PASSED AND. APPROVED this 5th day of • June , 1984.
Qt (AYE,lr:.,?
WITS T :4
By:
Ci.y Clerk
APPROVED:
By:
Mayor
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AGREEMENT
THIS AGREEMENT, executed this Ma
, day of /14
19 V� , by and between the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called "Vendor", and %� .tn�G►
hereinafter called "Vendee".
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In consideration of the mutual covenants contained herein, it is
hereby agreed by Vendor and Vendee as follows:
1. Vendor agrees to sell and Vendee agrees to purchase the .hay on those
premises situate in Washington County, Arkansas, indicated on the
plat attached hereto, marked exhibit "A" and made a part hereof.
2. Vendee agrees to mow, bale, and remove said hay within five (5) days G
after each cutting. This Agreement shall expire on 72 t.c�/ / Sr // g t'
If the hay is destroyed on the mowing premises due to excessive
exposure to rain within said five (5) days, Vendee shall not be liable
for payment to Vendor as specified in Item 3 of this Agreement. However,
if the baled hay is destroyed in any way after said five (5) day
period, the payment as specified in Item 3 of this Agreement shall be
due and payable./ O j 30 a ec, R� / t
3. Vendee agrees to pay Vendor the sum of $306.5. -
per bale, payable within
30 days from completion of each. baling.
4. The hay baling rights granted Vendee by this Agreement are subject to
the following conditions:
(A) Vendee shall not permit livestock to enter upon any land at the
Pollution Control Plant property. -
(B) Vendee shall keep and maintain the property covered by this
Agreement in good condition and state of maintenance.
(C) Vendee shall erect no improvements of any_nature whatsoever �.
on the aforesaid property and shall construct no fences, gates,
or other structures thereon without -the prior written consent
of Vendor. Vendee shall not permit any public nuisance to exist
on said lands.
- EXHIBIT. A
"Page 2
(D) Vendee shall not cut, remove, or carry off nor allow to be cut,
removed, or carried off from said above described lands, any tree,
soil, rock, or minerals of any kind whatsoever and will, to the
extent of his ability, see that no person trespasses upon said
property. Vendee shall not hunt; fish, or trap or allow hunting,
_fishing, or trapping by any personor persons on said property.
(E) Vendor or its agents shall have the right at all times to enter
upon said property for the purpose of inspecting same.
(F) Vendor shall have the right and privilege of granting easements
for any purpose on, over, under, and across said property, and
the right to enter upon said land for the purpose of constructing
and maintaining anything for any purpose that Vendor in its own
judgment may require, without the necessity of having to pay any
compensation to Vendee as damages.
(G) Vendee shall hold harmless and indemnify Vendor from any and all
claims or damages occasioned by or arising from Vendee's
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activities upon the above described property.
(H) Vendee specifically agrees to hold the City harmless from any
damages or losses aledgedly caused by livestock eating any hay
which is baled on the demised premises.
(I) Vendee shall not assign this Agreement or sublet any part of the
above described property without first obtaining the written
consent of the Vendor.
IN WITNESS WHEREOF, the parties have hereunto set their hands
in duplicate originals on the date first above written.
-----CITY e_-FAYETTEVILLE,'ARKANSAS`
BY
VE DOR
1VIDEE
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PROPOSED I /
SEWAGE TREATMENT PLANT
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EXHIBIT A Hay Agreement
May 14, 1984 --Bid No. 575
Pollution Control Plant Property
Foxhunter Road
Verify exact location
of property line