HomeMy WebLinkAbout83-94 RESOLUTION•
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RESOLUTION NO. .23_,a4_
A RESOLUTION RATIFYING AN 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_1 That the Mayor and City Clerk are hereby authorized and directed to
execute Amendment No 10 to the "Tolling Agreement" between the City of Fayetteville and
Kutak, Rock & Campbell allowing for an extension of time until February 28, 1995 to file suit
against Kutak, Rock & Campbell in the incinerator disengagement issue. A copy of Amendment
No. 10 to the "Tolling Agreement" is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this 19111 day of July 1994.
ATTEST:
By:
Sherry L Thomas, City Clerk
APPROVED:
./c . Ii•
By:
Fred Hanna, Mayor
AMENDMENT NO. 10 TO TOLLING AGREEMENT
This Agreement No. 10 to Tolling Agreement is entered into as of the 30th day of June,
1994 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 "June 30,
1993," and inserting in its place the date "February 28, 1995."
2. City, Authority and Kutak agree :he Toilir.g 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(h) staled in this Amendment No. 10 to Tolling Agreement.
CITY OF FAYETTEVILLE, ARKANSAS
By
NORTHWEST ARKANSAS RESOURCE
RECOVERY AUTHORITY
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K ROCK
By ✓` G 5/Ltic._1-\
01,lWl97.1