HomeMy WebLinkAbout66-89 RESOLUTION1.0
. _. .
••
. u .•
This
hereina
herein ter
INDEMNIFICATION AGREEMENT
I�piDEMNIFICATION AGREEMENT executed this /3 day of
, 1989, by the City of
called "City" with Sunray
called "Sunray".
Fayetteville, Arkansas,
of Springdale, Inc.,
WHEREAS, the City executed a contract dated June 24, 1988
with Northwest Arkansas Waste Management, Inc., ("Northwest") for
disposal of the City's solid waste at the sanitary landfill
operated by Northwest; and
WHEREAS, the City has exercised its option to renew said
contract for one (1) year; and
WHEREAS, Northwest has refused to accept and dispose of solid
waste delivered by the City to the sanitary landfill site operated
by Northwest; and
WHEREAS, Sunray operates a sanitary landfill pursuant to a
permit issued by the Arkansas Department of Pollution Control and
Ecology; and
WHEREAS, Sunray has agreed to accept and dispose of the
City's solid waste provided the City agrees to indemnify Sunray
from any judgment by Northwest against Sunray for interference
with the aforesaid contract between the City and Northwest.
NOW, THEREFORE, in consideration of Sunray accepting and
disposing of the City's solid waste at disposal fees agreed upon
by the City and Sunray, the City hereby agrees that, to the extent
permitted by law, it will indemnify Sunray from any judgment
entered by a court of competent`" against Sunray for alleged
interference by Sunray with the aforesaid contract between the
City and Northwest.
IN WITNESS WHEREOF, this Agreement has been executed on the
date first above written.
ATTEST:
By:
CITY OF FAYETTEVILLE, ARKANSAS
By: ii.L1a,(4 'rcc •,
Title:
7, jaae-.
SUNRAY /
By: 7` •.-
Title:
m... •A r, R:i Ina;
•
••• " •
1 •
�a„i•
rs
•:.
•
r:I t1
•
WAI.TCN B (T]
TNJILY p. MN4:NT IO
MSSTANct 0 ('LANK
VN IArK! OS BUTT 11
KELLY CANITIIfpT
I3AVIS. COX R WRIGli7'
AlT11NNEY%.\1 1..U0
n BN.W EN Ino
FAYEIl IX II./ F. .\NN.\>%\% 701! 11iwN
Ms. Suzanne McWethy.
City Clerk
City of Fayetteville
113 West Mountain
Fayetteville, !VR 72701
Dear Ms. McWethy:
July 31, 1989
:.•
fl
*VIJI ul•II:N
Returned herewith please find the original indemnification agree-
ment between the City of Fayetteville and Sunray Services, Inc.,
which now bears my signature as Sunray's attorney as attested to
by its President, Miller Mathews.
WOB:sh
enclosure
cc:
Mr. Miller Mathews
Sunray Services, Inc.
P.O. Box 793
Springdale. AR 72765
Sincerely.
D'IS, COX t WRIGHT
J.2
/f ✓ t. iJ L.G.L.0
Jackson Butt, i
•