1981-767-R - Laserfiche WebLink

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AGREEVENT rMIS AGMEENT made and entered into by and between the City of Batesville, State of Arkansas, hereinafter referred to as FIRST PARTY, and The General Tire & Rubber Company, an Ohio Corporation, its successors, transferee .l ti and assigns, hereinafter referred to as SECOND PARTY. FIRST PARTY acts by and through its Mayor, Jams Shirr-ell, after approval of the same by resolution of j� its City Council. SECOND PARTY acts by and through its corporate officers at its principal place of business being One General Street, Akron, Ohio 44329. FIRST PARTY, in consideration of the conveyance of 10.84 acres of I real estate, more or less, by SECOND PARTY, and more particularly described hereinafter, as well as an easement three (3) feet in width from SECOND PLTITY for access to the existing sewer line, agrees to and with SECOND PARTY as follows: (1) FIRST PARTY agrees to pay to SECOND PARTY the sum of $100.00. (2) FIRST PARTY agrees to continue to provide to SECOND PARTY sew4 and water service for SECOM PARI'Y'S manufacturing facility at rates not to exceed those being charged the majority of other industrial users. (3) FIRST PAM agrees to operate a landfill and garbage incineratpr with steam generating capabilities (hereinafter referred to as SYS=, 4) upon the lands conveyed by SECOND PARTY to FIRST PARTY. (4) FIRST PARTY agrees to maintain said SYSTE14 in such a manner Ei as to comply with all state, federal and local legal requirements. (5) FIRST PARTY agrees that SECOND PARTY shall not be responsible 1 for the failure of FIRST PARTY to met any legal requirements for said SYST14, -1 and that FIRST PARTY will hold SECOND PARTY harnaless for any damage or IJ abill y - resulting from the use and operation thereof. (6) FIRST PARTY agrees not to actively pursue the annexation into the City of Batesville the real property owned or occupied by SECOND PARTY which is adjacent to the real property described herein, said real property being real property with manufacturing facilities of SECOND PARTY located thereon; nor will FIRST PARTY institute, on its on initiative, annexation proceedings concerning the above said property, nor will it be a silent partne , to any movement to annex said property. It is the intention of tlie parties j} that annexation will occur only upon mutual agreement of the parties; provided that, the City of Batesville does not by this agreement contract or attempt to !i c ontract away any duty it or its agents or officials may have regarding any annexation matter brought before it by some third party, including surrounding property owners or the voters; all parties under-stand and agree that the City Page 1