HomeMy WebLinkAboutUse Agmt_BSTG 2023-2024 - signedThis Agreement is entered into upon execution between the Town of Fountain Hills, Maricopa
County, Arizona (“Fountain Hills”), a municipal corporation of the State of Arizona and the Bagg’s
Senior Tennis Group (“BSTG”).
Recitals
A.Fountain Hills owns and operates the tennis courts at Four Peaks Park in Fountain Hills.
B.BSTG has provided in the past and desires to continue to provide general maintenance on the
tennis courts, and other Fountain Hills facilities as requested and approved by the Community
Services Director.
C.Users of property owned by Fountain Hills are required to enter into USE Agreements setting
forth the terms and conditions of the use of Fountain Hill’s property.
D.BTSG is comprised of a diverse group of Fountain Hills seniors who welcome all tennis players.
The group promotes tennis matches and all participants are expected to maintain a positive
sportsman-like behavior.
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
agree as follows:
1.Property. Fountain Hills agrees to permit BSTG to use, subject to the provisions set forth in this
Use Agreement, the tennis courts located at Four Peaks Park (“Property”) for the purpose of
operating public educational programs and ongoing care of the facility. BSTG shall not permit
anything to be done in or about the Property which will, in any way, conflict with any law,
statute, ordinance or governmental rule or regulation now in force or which may hereafter be
enacted or promulgated. BSTG must obtain approval from the Town for court upgrades, and/or
installations on the Property. All donations, installations, and/or equipment at Four Peaks Park
becomes Town property.
2.Term and Termination. This agreement shall have an annual term, and shall automatically renew
every fiscal year thereafter. If a party does not believe the other is meetings its obligations
under this Agreement, or if either party no longer wishes to continue under the terms of this
Agreement, that party may terminate the Agreement upon giving thirty (30) days’ notice to the
other.
BSTG shall submit organization names and main contact information to the Town of Fountain
Hills by July 1st of each fiscal year. All members of the BSTG organization that perform support
maintenance services must register as a Town of Fountain Hills volunteer and comply with Town
volunteer regulations.
3.Permitted Uses of the Property. The Property may be used by BSTG for Permitted Uses. BSTG
shall comply with all rules and regulations of Fountain Hills regarding permitted uses. BSTG shall
submit facility use requests to the Town of Fountain Hills using the following schedule.
Reservations for use are accepted on the following dates:
•July 1 for reservations January-July
•January 1 for reservations July-December
Reservation requests submitted outside these dates may be considered based on availability.
4.Consideration: In consideration of BSTG continuing to provide general court maintenance such
as power washing, court cleaning, windscreen repairs, and report maintenance concerns,
Fountain Hills hereby agrees to provide, at no cost to BSTG the use of the tennis courts Four
Peaks Park. Court use is defined as three days a week, 3 hours per day on courts 1 and 2.
BSTG shall serve as facilitator of communication for the town with regards to closures and
updates.
5.Compliance with the Law. BSTG shall not use the Property nor permit anything to be done in or
about the Property which will, in any way, conflict with any law, statute, ordinance or
governmental rule or regulation now in force or which may hereafter be enacted or
promulgated.
6.Default. In the event BSTG fails to fulfill or breaches any term, covenant, condition, provision or
agreement contained in this USE Agreement, then BSTG shall be in default. In the event of any
such default by BSTG, then in addition to and not in lieu of any other remedies available to
Fountain Hills at law or in equity, Fountain Hills shall have the option to immediately terminate
this Use Agreement and all rights of BSTG hereunder by giving written notice of such intention
to terminate.
Communication regarding this agreement and the services shall be directed to the following parties:
Rachael Goodwin Jim Baggs
Interim Town Manager President (for)
Town of Fountain Hills BSTG Tennis Group
16705 E Avenue of the Fountains 16424 E Inca Avenue
Fountain Hills, AZ 85268 Fountain Hills, AZ 85268
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Town of Fountain Hills BSTG Tennis Group
____________________________________ ____________________________
Interim Town Manager President for BSTG
_____________________________
Town Clerk
James Bagg (Sep 28, 2023 10:23 PDT)Rachael Goodwin (Oct 2, 2023 08:44 PDT)
Rachael Goodwin