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HomeMy WebLinkAboutRes 2020-19 RESOLUTION NO. 2020-19 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 RECITALS: WHEREAS, on June 7, 2007, the Mayor and Town Council of the Town of Fountain Hills (the "Town Council") by Resolution 2007-26 approved the Amended and Restated Intergovernmental Agreement between the Town of Fountain Hills (the "Town") and Fountain Hills Unified School District No. 98 (the "District"), relating to shared use of District and Town facilities (the "Agreement"); and WHEREAS, the Town and the District wish to amend the Agreement to effect certain changes in the Parties' respective duties and responsibilities under the Agreement. ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. The First Amendment to the Amended and Restated Intergovernmental Agreement between the Town of Fountain Hills is approved and adopted in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the First Amendment 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 Fountain Hills, Maricopa County, Arizona, this 19th day of May, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: „.._____ b ;c(,. ., 5.0_,,____ Ginn ickey, Mayor Elizabeth . urke, Town CI rk REVIEWED BY: APPROVED AS TO FORM: Otr) .1.. .VAA" IL--. ) Grady E. Miller, T% ‘ anager aron D. rnson, Town Attorney RESOLUTION 2020-19 PAGE 2 EXHIBIT 'A' FIRST AMENDMENT TO AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 FOR SHARED FACILITY USE THIS FIRST AMENDMENT TO AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 FOR SHARED FACILITY USE(this"First Amendment") is entered into and shall be effective as of date last stated below, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Fountain Hills Unified School District No. 98 (the "District"). RECITALS A. On June 7, 2007, the Town and the District entered into an intergovernmental agreement titled "Amended and Restated Intergovernmental Agreement with Fountain Hills Unified School District No. 98 for Shared Facility Use," relating to shared use of District and Town facilities (the "Agreement"); and B. The Town and the District wish to amend the Agreement to effect certain changes in the Parties' respective duties and responsibilities under the Agreement, including ownership interest in and maintenance obligations for certain lighting facilities noted in the Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the promises and covenants set forth below, the Town and the District hereby amend Section 3.b of the Agreement as follows: 3. Palisades Basketball Courts. The Town shall be responsible for the scheduling and use of the basketball courts at all times during evenings, District recesses, vacation days and weekends. The School District shall have exclusive rights of use at other times, and shall have priority for school-related functions at any time. The School District acknowledges and understands that the Town may, in fact, charge an incidental fcc to users of the facility for the use of the lights, but that the fee is not a rental for the use of the School property. THE TOWN HEREBY DISCLAIMS OWNERSHIP OF ANY AND ALL OWNERSHIP INTEREST IN THE BASKETBALL COURT LIGHTS AND SHALL HAVE NO RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH INSTALLATION, OPERATION, OR MAINTENANCE OF THE LIGHTS DURING THE TERM OF THIS AGREEMENT OR THEREAFTER. THE SCHOOL DISTRICT HEREBY ASSUMES OWNERSHIP OF AND ANY AND ALL OWNERSHIP INTEREST IN THE BASKETBALL COURT LIGHTS. The Town SCHOOL DISTRICT shall be solely responsible for all costs associated with installation, operation, and maintenance of the lights during the term of this Agreement AND THEREAFTER. The Town shall retain ownership of the lights for the term RESOLUTION 2020-19 PAGE 3 days, then the lights shall become the property of the School District. The School District shall make available to the Town and maintain its parking facilities during the after-school, evening and vacation days upon which the basketball courts are being used by the Town at no additional charge to the Town. The School District shall be solely responsible for the maintenance, cleanliness and safety of the court surface, poles, rims, and netting, and shall maintain them in a manner to ensure that the courts will be useable for nighttime activity. The maintenance of the courts shall be equal to that which is provided by the Town at Golden Eagle Park Courts TOWN OF FOUNTAIN HILLS FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 Ginny Dickey, Mayor Jill Reed, President Fountain Hills School Board ATTEST: ATTEST: izabeth . Burke, Town Clerk Secretary, Fountain Hills School Board REVIEWED BY: REVIEWED BY: 1>Z3/C4t Grady E. Mil r, Town,Manager Dr. Robert Allen, Superintendent Pursuant to the provisions of Ariz. Rev. Stat. 11-952(D), this First Amendment has been submitted to and approved by the attorney for each of the public agencies who certify that, with respect to their respective clients only, this First Amendment is in proper form and is within the powers and authorities granted under the laws of this State to the Town and the District. Aaron D. Arnso , Town Attorney , District Attorney