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HomeMy WebLinkAbout17-91 RESOLUTIONRESOLUTION NO. 17-91 A RESOLUTION RATIFYING AMENDMENT #3 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 #3 to the "Tolling Agreement" between the City of Fayetteville and Kutak, Rock & Campbell allowing for an extension of time until July 29, 1991 to file suit against Kutak, Rock & Campbell in the incinerator disengagement issue. A copy of the Amendment #3 to the "Tolling Agreement" authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of February 'ATTEST: Z `'+ plc, r H LA J-CityCC erkm Ili.4-.fr ,c v` 4 dfloal APPROVED: By yam( �.�/,�� Mayor , 1991. AMENDMENT NO. 3 TO TOLLING AGREEMENT This Amendment No. 3 to Tolling Agreement is entered into as of the 24th day of January, 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 "January 29, 1991," and inserting in its place the date "July 29, 1991." 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. 3 to Tolling Agreement. CITY OF FAYETTEVILLE, ARKANSAS By NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY BYct, 1.1 KUTA ROC & CAMPBELL By e/�4JGr_