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HomeMy WebLinkAbout24-93 RESOLUTION• RESOLUTION NO. 94-a A RESOLUTION AUTHORIZING RATIFYING AMENDMENT TO THE "TOLLING AGREEMENT" BETWEEN THE CITY OF FAYETTEVILLE AND KUTAK, ROCK & CAMPBELL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section L That the City Council hereby authorizes and directs the Mayor to execute the Amendment to the "Tolling Agreement" between the City of Fayetteville and Kutak, Rock & Campbell allowing for an extension of time until May 31, 1993 to file suit against Kutak, Rock & Campbell in the incinerator disengagement issue. A copy of the Amendment No. 7 to "Tolling Agreement" authorized for execution is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 2nd day of February , 1993. ATTEST: �/� By/ Cr S�� Sherry'L Thomas, City Clerk APPROVED: By: 7a7/eAdA4't red Hanna, Mayor A AMENDMENT NO. 7 TO TOLLING AGREEMENT This Amendment No. 7 to Tolling Agreement is entered into as of the 25th day of January, 1993 by and among the City of Fayetteville, Arkansas ("City"), the Northwest Arkansas Resource Recovery Authority ("Authority") and Kutak Rock ("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 31, 1993," and inserting in its place the date "May 31, 1993." 2. City, Authority and Kutak agree the Tolhng Agreement 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 7 to Tolling Agreement. CITY OF FAYETTEVILLE, ARKANSAS By NORTHWEST ARKANSAS RESOURCE RECOVERY AUTHORITY By KUTAK ROCK By