HomeMy WebLinkAbout12-94 RESOLUTIONRESOLUTION NO. 12-94
A RESOLUTION RATIFYING AN AMENDMENT TO THE
"TOLLING AGREEMENT" BE'FWE1iN THE Cl'1'Y OF
FAYETTEVII.1.E AND KIJTAK, ROCK & CAMPBELL.
BE IT RESOLVED BY THF CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby authorized and directed to
execute Amendment No. 9 to the '1 oiling Agreement" between the City of Fayetteville and
Kutak, Rock & Campbell allowing for an extension of time until June 30, 1994 to file suit
against Kutak, Rock & Campbell in the incinerator disengagement issue. A copy of Amendment
No. 9 to the "Tolling Agreement" authorized for execution is attached hereto marked Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this 18th day of January 1994.
ATTEST:
By:
Sherry L I'homas, City Clerk
APPROVED:
By:.._. ;� I.
Fred Hanna, Mayor
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AMENDMENT NO. 9 TO TOLLING AGREEMENT
This Agreement No. 9 to Tolling Agreement is entered into as of the 29th day of
November, 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
"November 30, 1993," and inserting in it place the date "June 30, 1994."
2. City, Authority and Kutak agree the Tolling 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 9 to Tolling Agreement.
CITY OF FAYETTEVILLE, ARKANSAS
1 By /LEX Alettve---'
NORTHWEST ARKANSAS RESOURCE
RECOVERY AUTHORITY
By
KUTAK ROCK
By
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