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HomeMy WebLinkAboutC2022-045.2 - Maricopa County IGA 5-yr Extension 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. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the promises and covenants set forth below, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree to further amend the Agreement as follows: I. DURATION The Parties hereby agree to extend the term of the Agreement until December 15, 2026. II. NOTICES Section 14 – Notices and Requests is hereby deleted in its entirety and replaced with the following: 14. NOTICES AND REQUESTS All notices required under this Agreement shall be in writing and given by email delivery with read receipt, United States Post Office certified mail with return receipt requested, or by commercial courier served with a receipt, or by hand delivery with a receipt, to each Party’s following address, or such other address as either Party may notify the other in writing as provided herein. Any such notice shall be considered served when communication is received and signed for, or delivery is refused or returned to the sender as unclaimed. If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to County: Maricopa County Parks & Recreation Department 41835 North Castle Hot Springs Road Morristown, Arizona 85342 Attn: Contract Administrator III. CONFLICT OF INTEREST The Parties agree that the Agreement, including Amendment Two, is subject to A.R.S. § 38-511 and may be cancelled pursuant thereto. 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 Ginny Dickey, Mayor 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 (I) 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 LAW S OF THE STATE OF ARIZONA. Aaron Arnson, Town Attorney Deputy County Attorney Ginny Dickey (Nov 4, 2021 09:22 PDT) Ginny Dickey Elizabeth Klein (Nov 4, 2021 09:33 PDT)