HomeMy WebLinkAbout137A-92 RESOLUTIONRESOLUTION NO. 137A-97
A RESOLUTION RATIFYING AMENDMENT 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 to the "Tolling
Agreement" between the City of Fayetteville and Kutak, Rock &
Campbell allowing for an extension of time until January 31, 1993
to file suit against Kutak, Rock & Campbell in the incinerator
disengagement issue. A copy of the Amendment to the "Tolling
Agreement" authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 15th day of September , 1992.
ATTEST:
By v44 )6
City erk
APPROVED:
By: _ 7�/
,Mayor
'1C1)EHMOTT, WTI I & EMERY
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BY FEDERAL EXPRESS
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August 26, 1992
Jerry E. Rose, Esq.
City Attorney
City Administrative Building
113 West Mountain
Fayetteville, Arkansas 72701
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Re: $22,405,000 Northwest Arkansas Resource Recovery
Authority Revenue Bonds, Series 1985
Dear Jerry:
Enclosed are three duplicate originals of Amendment No. 6 to
the Tolling Agreement with Kutak Rock ("Kutak") related to the
above -referenced matter.
Please arrange for the City and for the Northwest Arkansas
Resource Recovery Authority to execute Amendment No. 6.
Amendment No. 6 must be executed on or before August 31, 1992. I
ask that you return two of the executed originals to me and I
will forward an original to Kutak. I will also forward to you an
original of Amendment No. 6 executed by Kutak when I receive it.
If you have any questions about this matter, please call me.
Sincerely yours,
//t.
Thomas M. Ingoldsby
Enclosures
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This amendment No. 6 to Tolling Agreement is entered into a6
of the 26th day of august, 1992 by and among the City of
Fayetteville, Arkansas ("City"), the Northwest Arkansas Resource
Recovery Authority ("Authority") and Xutak Rock ("Xutak").
1. Pursuant to paragraph 7 of their December 28, 1989
TollinAgreement"), previously
AuthorityandZutaked herebylfurthermend
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ths
Tolling Agreement by deleting from paragraph 3(b) thereof the
dats "August 31, 1992" and inserting in its place the date of
"January 31, 1993."
2. City, Authority and Xutak agree the Tolling Agreement
rsmajps.in full force and effect in all respects and exactly as
sntired into on December 28, 1989 with the sola exception of the
amendment to paragraph 3(b) stated in this Amendment No. 6 to
Tolling Agreement.
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CITY OF ?ATV/MILLI, MANIAS
NORTHWEST AJXANSAS RESOURCE
RECOVERY AUTHORITY
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Ammar 110. i TQ TOLLZ1e saREMENI
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This Amendment No. 6 to Tolling Agreement is entered into as
of the 26th day of August, 1992 by and among the City of
Fayetteville, Arkansas ("City"), the Northwest Arkansan Resource
Recovery Authority ("Authority") and Kutak Rock ("Rutak").
1. Pursuant to paragraph 7 of their December 28, 1989
Telling 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
data "August 31, 1992" and inserting in its place the date of
"January 31, 1993."
2. City, Authority and Kutak agree the Tolling Agreement
rsmajas.in full force and effect in all respects and exactly as
sntirsd into on December 28, 1989 with the sola exception of the
amendment to paragraph 1(b) stated in this Amendment No. 6 to
Tolling Agreement.
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CITY OF FAYETTEVILLE, ARKANSAS
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