HomeMy WebLinkAbout9-21-06 pdf agenda packet1NOTICE OF
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan
Vice Mayor Ed Kehe Councilmember Jay Schlum
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, SEPTEMBER 21, 2006
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to
have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a
portion of their time for a later time or (ii) transfer any portion of their time to another
speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Z:\Council Packets\2006\R9-21-06\Agenda 9-21-061.doc Last printed 9/19/2006 8:45 AM
Z:\Council Packets\2006\R9-21-06\Agenda 9-21-061.doc Last printed 9/19/2006 8:45 AM
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Vice Mayor Ed Kehe
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT –
i) Mayor Nichols will read a proclamation declaring October as McDowell
Mountain Preservation Month.
ii) Mayor Nichols will read a proclamation declaring September 21, 2006, as
United States Constitution Day.
iii) Mayor Nichols will recognize outgoing Planning and Zoning Commissioner
Avril Forest.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1.) CONSIDERATION of approving the Town Council MEETING MINUTES from September
7, 2006.
2.) CONSIDERATION of approving a LIQUOR LICENSE APPLICATION for David Gage
(Holiday Inn-Fireside Grill) located at 12800 N. Saguaro Blvd., Fountain Hills, AZ. This
request is for a Hotel/Motel liquor license.
3.) CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION for Kenneth Bowman (American Legion, Post 58) located at
16837 E. Parkview Ave., Fountain Hills, AZ.
4.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Chamber of
Commerce for the Thanksgiving Day Parade scheduled to be held from 9:00 a.m. to 11:30
a.m. on Thursday, November 23, 2006.
5.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Chamber of
Commerce for Stroll in the Glow scheduled to be held from 5:00 p.m. to 7:30 p.m. on
Saturday, December 2, 2006.
6.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Chamber of
Commerce for the Fountain Festival scheduled for Friday, Saturday and Sunday, November
10, 11 and 12, 2006, from 10:00 a.m. to 5:00 p.m.. The event will require the closure of
Saguaro from Palisades to Paul Nordin Parkway, Avenue of the Fountains from Saguaro to La
Montana, and a portion of Verde River Drive.
7.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by the Chamber of
Commerce for the Annual Great Fair scheduled for February 23, 24 and 25, 2007, from 10:00
a.m. to 5:00 p.m. on Friday and Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday. The
event will require the closure of Saguaro from Palisades to Paul Nordin Parkway, Avenue of
the Fountains from Saguaro to La Montana, and a portion of Verde River Drive.
8.) CONSIDERATION of the SPECIAL EVENT REQUEST submitted by Thunderbird Artists
for the Fountain Hills Fine Art and Wine Affaire scheduled for Friday, Saturday and Sunday,
March 23, 24 and 25, 2007, from 10:00 AM to 5:00 PM. The event will require the closure of
Avenue of the Fountains from Saguaro to La Montana.
9.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the
Fountain Hills Downtown Business Community (Jim Heasley) event component held in
conjunction with the Thunderbird Artist Special Event scheduled for March 23, 24, and 25,
2007.
10.) CONSIDERATION of approving a PRELIMINARY AND FINAL PLAT for the “Saguaro
Suites Condominiums,” an eight-unit condominium project and lot join, located at 11652
Saguaro Boulevard, aka Plat 201, Block 5, lots 2 and 3. Case # S2005-19.
REGULAR AGENDA
11.) CONSIDERATION of APPOINTING four (4) citizens to the Planning and Zoning
Commission to fill the vacancies created by expiring terms.
12.) CONSIDERATION of RESOLUTION 2006-50, approving an intergovernmental agreement
with the Fort McDowell Yavapai Indian Nation for 2006 Proposition 202 funding requests.
13.) PUBLIC HEARING of a SPECIAL USE PERMIT to allow the “Fountain Hills Veterinary
Hospital”, a pet resort project located at 11407 N. Saguaro Boulevard to provide kenneling
and an outdoor exercise area. Case #SU2006-02.
14.) CONSIDERATION of a SPECIAL USE PERMIT to allow the “Fountain Hills Veterinary
Hospital”, a pet resort project located at 11407 N. Saguaro Boulevard to provide kenneling
and an outdoor exercise area. Case #SU2006-02.
15.) SUMMARY of COUNCIL REQUESTS by Town Manager.
16.) ADJOURNMENT.
DATED this 15th day of September 2006.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
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TOWN OF FOUNTAIN HILLS PROCLAMATION
OFFICE OF THE MAYOR
WHEREAS, the preservation of the McDowell Mountains and the
Sonoran Desert has been established as a high priority of the Town of
Fountain Hills and its citizens; and
WHEREAS, it is the desire of the Town of Fountain Hills to
celebrate the unique environment of its Preserve; and
WHEREAS, it is also the intent of the Town of Fountain Hills to
raise awareness regarding the need to preserve these valuable treasures for
future generations; and
NOW, THEREFORE, I, Wally Nichols, Mayor of the Town of
Fountain Hills, Arizona, do hereby declare the month of October 2006 as:
“McDOWELL MOUNTAIN MONTH”
in Fountain Hills and call upon all citizens to take a moment during the
month to appreciate the beauty of this community treasure.
___________________________________________
Wally Nichols, Mayor
ATTEST:
________________________________
Bevelyn J. Bender, Town Clerk
TOWN OF FOUNTAIN HILLS PROCLAMATION
OFFICE OF THE MAYOR
WHEREAS, the Constitution of the United States was adopted two hundred and
nineteen years ago on September 17, 1787, to form”… a more perfect Union, establish
Justice, insure domestic Tranquility, provide for the common defense, promote the general
welfare, and secure the Blessings of Liberty to ourselves and our Posterity”; and
WHEREAS, this cherished document, born of spirited contention and gracious
compromise, provides a natural gateway to that study of our past which may enlighten the
charting of our future; and
WHEREAS, we all share the blessings granted by the Constitution and the
responsibility of ensuring that those blessings fall upon all our people; and
WHEREAS, as we mark the 219th signing anniversary of the United States
Constitution, we celebrate the effort, dedication, and wisdom of our Founders and the
blessings of liberty that resulted from their labors;
NOW, THEREFORE, I, W. J. Nichols, Mayor of the Town of Fountain Hills,
Arizona, do hereby declare September 21, 2006, as "U. S. CONSTITUTION DAY" and
heartily encourage the citizens of Fountain Hills to renew their study of the duties of
citizenship and rejuvenated dedication to the principles of the Constitution.
__________________________
W. J. Nichols, Mayor
Town of Fountain Hills, Arizona
Attest:
________________________
Bevelyn J. Bender, Town Clerk
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: September 21, 2006
Submitting Department: Administration Contact Person: Bender
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other: Draft Meeting Minutes
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING
MINUTES from September 7, 2006.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Approve the council meeting minutes for archival purposes.
List All Attachments as Follows:
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Town Clerk (or Acting Town Clerk) Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
OFFICE OF TOWN CLERK
INTER OFFICE MEMO
TO: 1) Public Works
2) Planning & Zoning/Building
Department (If applicable)
3) Law Enforcement/Fire Dept.
4) Licensing
DT: September 5, 2006
FROM: Bev Bender, Town Clerk RE: Liquor License Application – David
Gage/Holiday Inn
Attached is an Application for a liquor license application for review for David Michael Gage
located at 12800 N. Saguaro Blvd.
Please review the application no later than September 11, 2006 indicating staff’s
recommendation for approval or denial in the space below and return this form to the Town
Clerk. Law Enforcement is requested to attach their memo to this form.
If denied, please attach a report that specifies the reason for denial for submittal to the Town
Council.
Applicant: David Gage/Holiday Inn Date of Event: fill in if applicable
Date Application Received: August 28, 2006
Town Council Agenda Date: September 21, 2006
Approvals (please sign):
Public Works Ward Approved ___________ Denied*
Z:\Council Packets\2006\R9-21-06\Liquor License application - Holiday Inn\Holiday Inn - D Gage - combined staff LIQUOR LICENSE
SUBMITTAL.doc
Fire Department Kriwer Approved ___________ Denied*
Building Department N/A Approved ___________ Denied*
Planning & Zoning Rogers Approved ___________ Denied*
Law Enforcement D’Amico Approved ___________ Denied*
Licensing Does the business have a current business license?
√ Yes No
Business License # 7570 Effective period 7/1/06 – 6/30/07
Does the business name match database?
√ Yes No
Do owners and/or officers listed on the application match the database?
√ Yes No
Does the mailing and business address match the database?
√ Yes No
*Attach report for denial or any required stipulations - None
Z:\Council Packets\2006\R9-21-06\Action form FH DownTown Business Community Special Event Liquor License.doc
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: September 21, 2006
Submitting Department: Administration Contact Person: Bender
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Downtown Business Community (Jim Heasly) event component
to be held in conjunction with the Thunderbird Artist Special Event schedule for March 23, 24, and 25,
2007.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information:
The various departmental recommendations have been provided. There were no issues that required a response
from the Building Safety Department. Therefore, it is staff’s unanimous recommendation for the Council to
recommend approval of this liquor license application.
List All Attachments as Follows: Front page of the Special Event Liquor License application and the
departmental recommendations
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Town Clerk Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager/Designee
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: September 21, 2006
Submitting Department: Public Works Contact Person: R. Turner, AICP/P&Z /Administrator
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other: Planning and Zoning Commission Vacancies
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: Consideration of APPOINTING four citizens to the Planning and Zoning
Commission to fill the vacancies created by expiring terms.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Council is requested to appoint four of the interviewed
applicants for the Planning and Zoning Commission to fill the vacancies as a result of expiration of terms for
Chairman Brown, Vice-Chairman Caldwell, Commissioners Forest and McDonald. Applicants were interviewed
on August 17, and September 12, 2006, in Executive Sessions. Appointed terms will begin on October 1, 2006
and will expire September 30, 2008.
List All Attachments as Follows: Staff Memo
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Name Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Title
____________________________
Town Manager / Designee
Z:\Council Packets\2006\R9-21-06\Action Form Proposition 202 Funding for 2006.doc
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 9/21/06
Submitting Department: Administration Contact Person: Pickering
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2006-50, approving an intergovernmental
agreement with the Fort McDowell Yavapai Indian Nation for 2006 Proposition 202 funding requests.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: A.R.S. §5-601.02 states, Proposition 202 funds may be
solicited by cities, towns, and counties from Arizona Indian Tribes for government services that benefit the
general public including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of
commerce and economic development. The following entities have been awarded funding by the Fort McDowell
Yavapai Nation for 2006:
Recipient(s) Project(s) Community Benefit Award Contact
Fountain Hills
Community Theater
Youth Theater and
Theater Support
Promotion of Commerce
and Economic
Development
$ 10,000.00 Val Stasik,
Community Theater, Inc.
11015 Inca Ave.
Fountain Hills, AZ 85268
Fountain Hills Chamber
of Commerce
Development of Website
and economist
professional services
Promotion of Commerce
and Economic
Development
$ 85,000.00 Frank Ferrara,
Visitor’s Bureau
16837 E. Palisades Blvd.,
Fountain Hills, AZ 85268
Fountain Hills Sheriffs
Posse
Vehicle and equipment Public Safety $ 25,000.00 Amy Fish
P.O. Box 17114
Fountain Hills, AZ 85269
Fountain Hills Unified
School District #98
Staffing Youth Programs $140,000.00 Dr. Marian Hermie
School District #98
16000 E. Palisades Blvd.,
Fountain Hills, AZ 85268
Total $260,000.00
List All Attachments as Follows: Resolution 2006-50 and the Intergovernmental Agreement
Z:\Council Packets\2006\R9-21-06\Action Form Proposition 202 Funding for 2006.doc
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Title Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
675983.1
RESOLUTION NO. 2006-50
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION
RELATING TO PROPOSITION 202 FUNDING.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Intergovernmental Agreement between the Town of Fountain
Hills and the Fort McDowell Yavapai Nation relating to Proposition 202 funding for promotion
of tourism and other public programs (the “Agreement”) is hereby approved in the form attached
hereto as Exhibit A and incorporated herein by reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to cause the execution of the Agreement and to take
all steps necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, September 21, 2006.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
675983.1
EXHIBIT A
TO
RESOLUTION NO. 2006-50
[Intergovernmental Agreement]
See following pages.
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation
To
Provide Funds For Promoting Tourism and other Public Programs
in the Town of Fountain Hills
And
Surrounding Communities
Pursuant To A Tribal Revenue Sharing Agreement
Authorized By
Section 12 Payment of Regulatory Costs; Tribal Contributions
Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002,
And
A.R.S. § 5-601.02
Fort McDowell, Arizona
674966.1
Intergovernmental Agreement
Between
The Town of Fountain Hills and The Fort McDowell Yavapai Nation to
Provide Funds for Promoting Tourism and other Public Programs
in the Town of Fountain Hills and Surrounding Communities
This Intergovernmental Agreement (this “Agreement”) is entered into by and between the Town of
Fountain Hills, an Arizona municipal corporation (the “Town”) and the Fort McDowell Yavapai Nation
(the “Nation”), a Federally-Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory
Costs; Tribal Contributions (“Section 12”) of the Fort McDowell Yavapai Nation and State of Arizona
Gaming Compact 2002 (the “Compact”) and A.R.S. § 5-601.02.
Recitals
A. Town and Nation may enter into an agreement with one another for the distribution of 12% of the
Nation’s annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties that
benefit the general public or promote commerce and economic development and pursuant to A.R.S. §
5-601.02.
B. The Nation is authorized by Section 13(A)(15) of Article V, Legislative Branch, of the Constitution
of the Fort McDowell Yavapai Nation to consult, negotiate, contract and conclude and perform
agreements with Federal, state, local governments and Indian tribes, as well as any person,
association, partnership, corporation, government or other private entity.
C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian
Tribes for the purpose of accepting distributions to cities, towns or counties for governmental services
that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion
of commerce and economic development.
D. Town and Nation desire to enter into this Agreement to provide funds for the purpose of promoting
tourism and other public programs in the State of Arizona and specifically the Town of Fountain Hills
and surrounding communities, as designated by the Nation, hereinafter referred to as the “Designated
Projects”, as more particularly described in Exhibit A attached hereto and incorporated herein by
reference.
E. Town and Nation desire to enter into this Agreement to define the terms and conditions of the
Nations’ funding of the Designated Projects.
F. The total cost of the Designated Projects is Two Hundred Sixty Thousand dollars and zero cents
($260,000.00).
G. $260,000.00 is hereby made available for the Designated Projects from revenue generated by the
Nation’s Gaming Enterprise also known as the Fort McDowell Casino.
H. The Nation intends to provide $260,000.00 (the “Funds”), which represents a portion of its
contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the
Compact and A.R.S. § 5-601.02 to complete the Designated Projects.
674966.1
Agreement
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the
covenants and promises set forth below, the Nation and the Town, hereby mutually agree as follows:
1. Designated Projects. The Designated Projects consist of the Nation providing the Funds to entities
within the Town of Fountain Hills to promote tourism and other public programs in the Town of
Fountain Hills and surrounding area, as identified in the attached Exhibit A. Funding Agreements
shall be executed by and between the Nation and Designated Entities; provided, however, the Town
shall not be a party to such funding requests.
2. Disbursement of Funds. Promptly after receipt of the Funds and an executed Funding Agreement
between the Nation and the respective Designated Entity, the Town shall send a payment to such
Designated Entity in the amount of the payment received from the Nation.
3. Consideration and Reliance. The Nation expressly acknowledges that the Town’s promise to accept
and disburse to the Designated Entities all Funds received by the Town pursuant to this Agreement is
full and adequate consideration and shall render this promise to provide funding irrevocable, and this
Agreement shall constitute a binding obligation of the Nation under applicable law.
4. Limited Duties of Town. The Nation further expressly agrees that, except as specifically set forth in
this Agreement, the Town has no duties under or related to this Agreement other than to receive the
Funds and deliver same to the Designated Entities; selection of Designated Entities and determination
as to the amount of funding are solely at the discretion of the Nation. The Parties agree that there are
no third-party beneficiaries to this Agreement.
5. Financing; Verification of Payment.
A. Nation Deposit. The Nation shall deposit with the Town the amount of $260,000.00 within thirty
(30) days of the Effective Date of this Agreement to be disbursed according the Designated
Project amounts in Exhibit A.
B. Verification of Payment. At the request of the Nation, the Town shall provide a verification of
payment to the Designated Entities. The Town’s responsibility is limited to disbursement to each
Designated Entities and the Town’s has no further duty with regard to third party Agreements
executed between the Nation and Designated Entities, provided that the disbursement is complete.
6. Inspection and Audit. To ensure compliance with the Town’s limited duties herein, the Nation may
inspect any and all records maintained by the Town with respect to the Project upon seven (7) days
prior, written notice to the Town. This Section 6 shall survive termination, cancellation, or
revocation, whether whole or in part, of this Agreement for a period of one (1) year following the date
of such termination, cancellation, or revocation.
7. Term and Termination of Agreement.
A. Effective Date. This Agreement shall be effective on the date it is signed by the Nation’s
authorized representative.
B. Term. This Agreement shall commence upon the Effective Date and shall terminate when the
funds have been received by the Town and disbursed to the Designated Entities.
674966.1
2
C. Termination. The Nation may terminate this Agreement with or without cause at any time prior
to providing payment to the Town, provided that such notice shall be in writing and delivered to
the parties’ designated representatives, as set forth in the Notice section.
8. Indemnification.
A. Indemnification. Each party shall indemnify, defend, and hold harmless the other party, its
governing body, officers, departments, employees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties,
damages, liability, interest, attorney’s, consultant’s, and account’s fees or costs and expenses of
whatsoever kind and nature, resulting from or arising out of the negligence or willful misconduct
of the indemnifying party, its employees or agents in performing the duties set forth in this
Agreement.
B. No Liability for Other Party’s Debts and Obligations. Neither party shall be liable for any debts,
accounts, obligations, nor other liabilities whatsoever of the other, including and without
limitation the other party’s obligation to withhold employment and income taxes for itself or any
of its employees.
C. Severability. This Section 8 shall survive termination, cancellation, or revocation, whether whole
or in part, of this Agreement for a period of one (1) year from the date of such termination,
cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case
this Section 8 shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event
shall this Section 8 survive more than five (5) years from the date of termination, cancellation or
revocation of this Agreement.
9. Interpretation of Agreement.
A. Entire Agreement. This Agreement constitutes the entire agreement between the parties
pertaining to the subject matter contained herein, and all prior or contemporaneous agreements
and understandings, oral or written, are hereby superceded and merged herein.
B. Amendment. This Agreement shall not be modified, amended, altered, or changed except by
written agreement signed by both parties.
C. Construction and Interpretation. All provisions of this Agreement shall be construed to be
consistent with the intention of the parties as expressed in the recitals contained herein.
D. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the
other party to this Agreement.
E. Days. Days shall mean calendar days.
F. Severability. In the event that any provision of this Agreement or the application thereof is
declared invalid or void by statute or judicial decision, such action shall have no effect on other
provisions and their application which can be given effect without the invalid or void provision or
application, and to this extent the provisions of the Agreement are severable. In the event that
any provision of this Agreement is declared invalid or void, the parties agree to meet promptly
upon request of the other party in an attempt to reach and agreement on a substitute provision.
674966.1
3
10. Waiver. Waiver or delay in enforcement by either party of any breach of a term, covenant, or
condition contained herein shall not be deemed a waiver of any other term, covenant, or condition, or
any subsequent breach of the same or any other term, covenant, or condition contained herein.
11. Notification. Any notice, communication, or modification shall be given in writing and shall be
given by registered or certified mail or in person to the following individuals. The date of receipt of
such notices shall be the date the notice shall be deemed to have been given.
For the Fort McDowell Yavapai Nation:
Orlando Moreno, General Manager Drew Ryce, General Counsel
Fort McDowell Yavapai Nation Fort McDowell Yavapai Nation
P.O. Box 17779 P.O. Box 17779
Fountain Hills, AZ 85269 Fountain Hills, AZ 85269
For the Town of Fountain Hills:
Timothy Pickering, Town Manager Andrew McGuire, Town Attorney
Town of Fountain Hills GUST ROSENFELD, P.L.C.
16705 E. Avenue of the Fountains 201 E. Washington, Suite 800
Fountain Hills, AZ 85268 Phoenix, Arizona 85004-2327
12. Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest,
obligations, covenants, or performance under this Agreement. Any termination shall not relieve
either party from liabilities or costs already incurred under this Agreement.
13. Non-Waiver of Sovereign Immunity. Nothing in this Agreement, Exhibit A or the Funding
Agreements shall be construed to waive the Sovereign Immunity of the Nation.
[SIGNATURES ON FOLLOWING PAGE]
674966.1
4
IN WITNESS WHEREOF, The Town of Fountain Hills has caused this Intergovernmental Agreement to
be executed by the Town Manager, upon resolution of the Town Council and attested by the Clerk of the
Town, and the Fort McDowell Yavapai Nation has caused this Intergovernmental Agreement to be
executed by the Nation’s Tribal Council and attested to by its Clerk.
This Agreement is effective upon signature of a duly appointed representative of the Fort McDowell
Yavapai Nation.
ATTEST: FORT MCDOWELL YAVAPAI NATION
Pansy Thomas, Secretary Raphael R. Bear
Fort McDowell Yavapai Nation President, Tribal Council
Fort McDowell Yavapai Nation
Date
ATTEST: TOWN OF FOUNTAIN HILLS
Bevelyn J. Bender, Clerk Timothy G. Pickering
Town of Fountain Hills Town Manager
Town of Fountain Hills
Date
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The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the
FORT MCDOWELL YAVAPAI NATION, and has determined that this Agreement is in proper form and
that execution hereof is within the powers and authority granted under the Constitution of the Fort
McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative Branch, as adopted October 19,
1999 and approved by the U.S. Deputy Commissioner of Indian Affairs November 12, 1999. This
acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Fort
McDowell Yavapai Nation.
Drew Ryce, General Counsel Date
Fort McDowell Yavapai Nation
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that
(i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to
the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution
hereof is within the powers and authority granted under the laws of the State of Arizona.
Andrew J. McGuire, Town Attorney Date
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EXHIBIT A
DESIGNATED PROJECTS
Project(s) Purpose Award Contact
Fountain Hills Tourism $10,000.00 Val Stasik
Community Theatre, Inc. 11015 Inca Ave..
Ftn. Hills, AZ 85268
Town of Fountain Hills Tourism $85,000.00 Frank Ferrara
Visitor’s Bureau 16837 Palisades Blvd.
Ftn. Hills, AZ 85269
Fountain Hills Public Safety $25,000.00 Amy Fish
Sheriff’s Posse P.O. Box 17114
Ftn. Hills, AZ 85269
Fountain Hills Unified Youth Programs $140,000.00 Dr. Marian K. Hermie
School District #98 16000 E. Palisades Blvd.
Ftn. Hills, AZ 85268
(480) 664-5000
TOTAL $260,000.00
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