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HomeMy WebLinkAbout148-91 RESOLUTIONI • 1 • • RESOLUTIOH.NO. 148-91 • • • • A RESOLUTION RATIFYING AMENDMENT #4 TO THE "TOLLING AGREEMENT" BETWEEN THE CITY OF FAYETTEVILLE AND KUTAK, ROCK & CAMPBELL. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Amendment #4 to the "Tolling Agreement" between the City of Fayetteville and Kutak, Rock & Campbell allowing for an extension of time until February 29, 1992 to file suit against Kutak, Rock & Campbell in the incinerator disengagement issue. A copy of the Amendment #4 to the "Tolling Agreement" authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 20th day of August , 1991. .- t. cATTEST: �: 7. f. a✓.City By � CPerk ..°&!.•--.. a sh�t r �1 • APPROVED: • AMENDMENT NO. 4 TO TOLLING AGREEMENT This: -Amendment No. 4 to Tolling Agreement is entered into as of the 25th day of July , 1991 by and among the City of Fayetteville, Arkansas ("City"), the Northwest Arkansas Resources. Recovery Authority ("Authority") and Kutak Rock & Campbell ("Kutak"). 1. Pursuant to paragraph 7 of their December 28, 1989 Tolling Agreement, as previously amended (collectively, "Tolling Agreement"), City, Authority and Kutak hereby further amend the Tolling Agreement by deleting from paragraph 3(b) thereof the date "July 29, 1991," and inserting in its place the date "February 29, 1992." 2. City, Authority and Kutak agree the Tolling Agree- ment remains in full force and effect in all respects and exactly as entered into on December 28, 1989 with the sole exception of the amendment to paragraph 3(b) stated in this Amendment No. 4 to Tolling Agreement. CITY OF FAYETTEVILLE, ARKANSAS • By NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY