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RESOLUTION NO. 2026-06 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, ADOPTING AMENDMENT FIVE TO AN INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RELATING TO THE DESIGN, RIGHTS-OF- WAY, ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE OF THE GOLDEN EAGLE PARK DAM-DEBRIS MITIGATION IMPROVEMENT RECITALS: WHEREAS, by Resolution 2020-014 the Mayor and Town Council of the Town of Fountain Hills (the “Town”) approved an Intergovernmental Agreement with the Flood Control District of Maricopa County (the “District”) relating to design, rights-of-way, acquisition, utility relocations, construction, construction management, and operations and maintenance of the Golden Eagle Park Dam – Debris Mitigation Project (the “Agreement”); and WHEREAS, by Resolution 2022-017 the Town approved Amendment One to the Intergovernmental Agreement extending the completion date; and WHEREAS, by Resolution 2023-018 the Town approved Amendment Two to the Intergovernmental Agreement extending the completion date; and WHEREAS, by Resolution 2024-023 the Town approved Amendment Three to the Intergovernmental Agreement extending the completion date; and WHEREAS, by Resolution 2025-023, the Town approved Amendment Four to the Intergovernmental Agreement extending the completion date; and WHEREAS, the Town and the District desire to amend the Agreement to further extend the completion date. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves Amendment Four to the Intergovernmental Agreement (the “Agreement”), attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of Amendment One to the Intergovernmental 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, Maricopa County, Arizona, this 21st day of April, 2026. (Signatures on next page) FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: __________________________________ ____________________________________ Gerry Friedel, Mayor Bevelyn Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: __________________________________ ____________________________________ Rachael Goodwin, Town Manager Town Attorney EXHIBIT A AMENDMENT FIVE TO THE INTERGOVERNMENTAL AGREEMENT