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HomeMy WebLinkAboutRes 2021-32 RESOLUTION NO. 2021-32 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF MARICOPA RELATING TO THE MAINTENANCE, IMPROVEMENT AND MANAGEMENT OF OUTDOOR RECREATION OPPORTUNITIES IN THE TOWN'S MCDOWELL MOUNTAIN PRESERVE AND THE COUNTY'S MCDOWELL MOUNTAIN REGIONAL PARK. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. The Intergovernmental Agreement between the Town of Fountain Hills, a municipal corporation, (the "Town") and the County of Maricopa, a political subdivision of the State of Arizona (the "County"), relating to the maintenance, improvement and management of outdoor recreation opportunities in the Town's McDowell Mountain Preserve and the County's McDowell Mountain Regional Park (the "Agreement") is hereby approved 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 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 Fountain Hills, Maricopa County, Arizona, this 19th day of October, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Gin) in Dickey,Qayor izabe+ °. Klein, own Cle Ic REVIEWED BY: APP ' is ED AS TO FORM: ,, Grady E. Mill , wn Manager aron D. Arnson, Town Attorney RESOLUTION 2021-33 PAGE 2 EXHIBIT A TO RESOLUTION 2021-32 AMENDMENT See following pages AMENDMENT TWO INTERGOVERNMENTAL AGREEMENT Between MARICOPA COUNTY And THE TOWN OF FOUNTAIN HILLS, AZ C-30-12-014-03-02 THIS AMENDMENT TWO (hereinafter referred to as"Amendment Two"), is made and entered into by and between Maricopa County, a political subdivision of the State of Arizona, (hereinafter called "County"), and the Town of Fountain Hills, an Arizona municipal corporation (hereinafter referred to as the"Town"), together hereinafter referred to as"Parties"or individually as a "Party." RECITALS WHEREAS, the County and the Town are authorized to enter into this Amendment Two pursuant to A.R.S. § 11-952; and WHEREAS, the Parties entered into an Intergovernmental Agreement on December 15, 2011 (C-30-12-014-3-00) as amended, relating to the maintenance, improvement and management of outdoor recreation opportunities in the Town's McDowell Mountain Preserve and the County's McDowell Mountain Regional Park (the "Agreement"); and WHEREAS, the Parties entered into Amendment One on (C-30-12-014-3-01) to exercise one of the two five-year extensions, extending the Agreement term until December 15, 2021; and WHEREAS, the Parties now desire to enter into this Amendment Two to exercise the second five-year extension, commencing upon the expiration of the current term (December 15, 2016) and continuing until December 15, 2026; and WHEREAS, the County and the Town desire to enter into this Amendment Two to the Agreement with the understanding that all other provisions of the Agreement shall remain in full force and effect. IV. EFFECT OF AMENDMENT In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. V. NON-DEFAULT By executing this Amendment Two, each Party affirmatively asserts that (i) the other Party is not currently in default, nor has been in default at any time prior to this Amendment Two, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment Two to be executed by its duly authorized representatives on the respective dates entered below. TOWN OF FOUNTAIN HILLS, an Arizona MARICOPA COUNTY, a political subdivision municipal corporation of the State of Arizona Grady Miller, Town Manager Date Chairman Date Board of Supervisors ATTEST: ATTEST: Elizabeth Klein, Town Clerk Date Clerk of the Board Date IN ACCORDANCE WITH THE REQUIREMENTS OF ARIZONA REVISED STATUTES §§ 11-952(D), THE UNDERSIGNED ATTORNEYS ACKNOWLEDGE THAT (1) THEY HAVE REVIEWED THE ABOVE AGREEMENT ON BEHALF OF THEIR RESPECTIVE CLIENTS, AND (2) AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. 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