HomeMy WebLinkAbout2024-25_Fountain Hills Tournament Contract-Grand Slam Sports - signedANNUAL TOURNAMENT CONTRACT
This Tournament Contract (this “Contract”) is made and entered into this 1st day of July, 2024,
by and between the Town of Fountain Hills, an Arizona municipal corporation (“Fountain Hills” or
“Town”) and Grand Slam Sports Tournaments/Patrick Gentry & Arthur Marshall (“Renter”).
RECITALS:
A. Renter desires to enter into this Contract to use certain property owned by Fountain Hills located at
15900 E Golden Eagle Blvd (“Golden Eagle Park”) (“GEP”), for the purpose of operating
tournaments; and
B. The terms and conditions described in the attached Exhibits A, B, C, and D are incorporated herein
by this reference.
NOW THEREFORE, in consideration of the mutual covenants and contracts contained herein, the
parties agree as follows:
1. Property. Subject to the terms and conditions of this contract, Fountain Hills agrees to allow Renter
to conduct the Permitted Uses described in Section 4 on a non-exclusive basis at the area depicted in
Exhibit A (“Property”).
2. Term and Termination. This Contract shall commence at 12:00 a.m. on July 1, 2024 and terminate at
11:59 p.m. on June 30, 2025 (the “Term”), unless extended or earlier terminated as provided herein.
The terms of this contract shall apply to each individual permit allocated during the Term. Should
renter fail to pay all required permit fees 5 days prior to the first date of each permit, this Contract
shall terminate automatically without fault to Town. Either party may terminate this contract 90 days
prior to the commencement of the next allocated tournament date by giving the other party at least 90
days written notice of termination. To obtain a refund of the Deposit, Renter must provide 90
days written notice of any event cancellation to Town as described in Section 3. Should Renter
fail to provide said notice, Renter shall forfeit the Deposit and remain obligated to pay all fees.
The parties may agree to extend the Term only in a writing signed by both parties and only upon
written approval of the Recreation Coordinator. Prior to termination of this Contract, Renter shall
restore the Property to its condition as it existed prior to the commencement of the Term. Should
Renter fail to restore Property as required herein, the Town may take any action it deems necessary to
restore the Property and charge the cost to the Renter, which shall be payable by Renter no later than
sixty (60) days from the date of the invoice.
3. Deposit Fees. By no later than the date first set forth above, Renter shall pay to Town a deposit of
$500.00 (“Deposit”). In addition, Renter shall pay Permit Fees and all other applicable Town fees,
including those set forth in Exhibit B and Exhibit C. Full payment of fees is due 5 days prior to the
commencement of each event. All overdue amounts are subject to collection fees, including
reasonable attorney’s fees and costs, and termination of this Contract without fault or liability to
Town. Deadlines for furnishing information to Fountain Hills regarding game times and other
essential tournament matters shall be as set forth in Exhibit A. If games are cancelled by the Renter
with less than 72 hours’ notice, Fountain Hills may incur unnecessary labor costs, such as the costs of
preparing the fields and diamonds for play, and of dragging the infields. Recognizing this, the Renter
shall pay Field Rental Fees as specified in Exhibit B and C for all games that are cancelled less than
seventy-two (72) hours prior to their scheduled start time and for all games that are forfeited after
having been scheduled. Renter shall thus be obligated to pay Field Rental Fees for all games
scheduled as of seventy-two (72) hours prior to their projected start time, whether or not played,
unless the games are cancelled by the mutual consent of the Renter and Fountain Hills due to
inclement weather or by
either party due to Force Majeure (as defined in Section 7). In the event the Renter wishes to extend the
term of this contract to add additional games beyond those reserved, Renter shall be subject to all
applicable fees, including but not limited to additional labor costs and overtime fees for preparing the
diamonds for the additional games. These fees may be retained from the deposit paid.
4. Permitted Uses of the Property. The Property may be used by Renter and its invitees in accordance
with the requirements, rules, and ordinances of the Town for tournament purposes (the “Permitted
Uses”). In addition, Renter shall comply with the terms and conditions of this Contract and the
following:
a. Renter shall not use the Property nor permit anything to be done in or about the Property
that will, in any way, conflict with any law, statute, ordinance, policy or governmental
rule or regulation now in force or which may hereafter be enacted or promulgated.
b. Renter shall not sublet or sublicense any portion of the Property without prior written
consent of the Recreation Coordinator.
c. Renter shall maintain the Property in a safe and good condition and not cause damage to
any Town property or equipment located thereon.
d. During the term of this Contract, Renter is responsible to maintain control over the
conduct of participants, spectators, and invitees at Property. Renter shall pay the cost of
any damages arising from the use of Property. Renter shall furnish adequate and
sufficiently trained staff to enable it to organize and conduct the Tournament in
compliance with all applicable laws and insurance requirements. Renter assumes the risk
of damage or loss to any property or injury to any person arising from or in connection
with the Renter’s activities at the Property with respect to the Tournament except as
caused by the gross negligence or willful act of Fountain Hills.
e. No tailgating or loitering shall be permitted in the parking lot areas of GEP.
f. The Permitted Uses shall only be conducted during the following: Date(s) and Times
displayed on approved Town-issued permits.
g. Renter shall be responsible for ensuring that all of its vendors, contractors, and umpires
have adequate licenses, permits, and insurance for activities on Property. If items such as
souvenirs, tickets or promotional items will be sold at Property, a Fountain Hills
Business License is required from each vendor. To obtain a license, a “Business
License” application must be submitted to the Town no less than fifteen (15) business
days (Mon.-Thurs.) prior to the start date. The application can be found online at
https://www.fountainhillsaz.gov/400/Business-Licenses. Failure to obtain said permit
may result in removal from the Property and penalties under Section 14-5(b) of the
Fountain Hills Town Code. Each vendor and contractor must also provide an insurance
certificate that complies with the Town’s insurance requirements and names the Town as
additional insured.
h. All tournament sponsorships must be approved by the Town at least ninety (90) days
prior to the start date of any tournament to avoid any conflict with existing Fountain
Hills’s partners and contractors. Display and merchandising contracts are subject to
separate approval and fees of the Town. In no event shall the Town be required to
approve any sponsorship, display or merchandising request.
i. Renter shall not promote, publicize, or encourage the use of any hotel that is not located
within the Town of Fountain Hills except by prior written approval from Fountain Hills.
Renter agrees to this provision knowingly, voluntarily, and intelligently.
j. Renter, with prior written approval from Fountain Hills, may contract for broadcast
rights to the tournament under this contract. Renter shall be solely responsible for all
costs, expenses, insurance, permits, licenses, and liabilities relating to such broadcast
activities.
6. Liability; Indemnification. Renter agrees that Fountain Hills shall not at any time or to any extent
whatsoever be liable, responsible, or in any way accountable for any loss, injury, death or damage to
persons or property from any cause or causes whatsoever which, at any time, may be suffered or
sustained by Renter, its vendors, agents, employees, customer, invitees or licensees, or by any other
person using or coming onto the Property, other than loss or injury caused by the willful misconduct of
Fountain Hills. Renter agrees to indemnify and hold Fountain Hills and its officers, employees, and
agents harmless from any and all claims, liabilities, losses, damages, costs and expenses whatsoever
arising out of any such loss, injury, death or damage, except that caused by the willful misconduct of
Fountain Hills. This Section 6 shall survive the termination of this Contract.
7. Default. In the event Renter fails to fulfill or breaches any term, covenant, condition, provision or
contract contained in this contract, then Renter shall be in default. In the event of any such default by
Renter, 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 Contract and all rights of
Renter hereunder by giving written notice of such intention to terminate and Fountain Hills shall have the
right to immediately re-enter and take possession of the Property without further notice to Renter.
8. Force Majeure. Either party may cancel this Contract effective upon written notice in the event of Force
Majeure (defined below). Should any tournament be cancelled by the Renter for any reason other than
Force Majeure (including acts of God, war, disaster, strikes, organized labor disputes, civil disorders,
pandemics, curtailment of transportation or other similar contingencies beyond the reasonable control of
the non-performing party which prevent performance of this Contract), Fountain Hills may retain the
non-refundable Deposit.
9. Merger/Modification. It is mutually agreed that this Contract constitutes the full and integrated contract
between the parties and that no representations, warranties, covenants or contracts, express or implied,
have been made other than as expressly set forth herein. This Contract may be modified in writing signed
by the parties hereto. No oral modification shall be effective.
10. Governing Law; Venue. This Contract shall be governed by and construed or enforced in accordance
with the laws of the State of Arizona. Any suit pertaining to this Contract may be brought only in courts
in Maricopa County, Arizona.
11. Conflict of Interest. This Contract may be terminated pursuant to A.R.S. Section 38-
511.
12. Insurance. During the term hereof, Renter shall keep, in full force and effect, a policy of commercial
general liability insurance with respect to the Property and the operations of Renter and others
participating in the Permitted Use with limits of liability for bodily injury, property damage, and personal
injury of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars
($2,000,000.00) in the general aggregate. In addition, each individual vendor operating under this
Contract shall provide a policy of commercial general liability insurance conforming to the above. The
policy or policies shall name Fountain Hills, any person, firms or corporations designated by Fountain
Hills and Renter as additional insureds and shall contain a clause that the insurance company will not
cancel or materially change the insurance without giving Fountain Hills thirty (30) days prior written
notice and a waiver of subrogation against Fountain Hills. A copy of the policy or a certificate of
insurance shall be delivered to Fountain Hills upon commencement of this Contract and, with respect to
the individual, prior to commencement of that individual’s activities pursuant to this Contract. The
Renter’s and individual’s failure to maintain such insurance policy shall be grounds for Fountain Hills’s
immediate termination of this Contract.
13. Compliance with the Law. Renter 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.
14. Attorney’s Fees and Court Costs. If any action shall be brought to enforce or to interpret any of the
terms, covenants or conditions of this Contract, or for the recovery of the possession of the Property, the
prevailing party shall be entitled to receive from the other party reasonable attorney's fees and court costs
in maintaining said action.
15. Liability of Parties. Renter agrees that Fountain Hills shall not at any time or to any extent whatsoever be
liable, responsible, or in any way accountable for any loss, injury, death or damage to persons or property
from any cause or causes whatsoever which, at any time, may be suffered or sustained by Renter, its
Vendors, agents, employees, customer, invitees or licensees, or by any other person using or coming onto
the Property, other than loss or injury caused by the willful misconduct of Fountain Hills. Renter agrees
to indemnify and hold Fountain Hills harmless from any and all claims, liabilities, losses, damages, costs
and expenses whatsoever arising out of any such loss, injury, death or damage, except that caused by the
willful misconduct of Fountain Hills.
16. Notices. All notices and demands which may be, or are required to be, given by either party to the other
hereunder shall be in writing and hand delivered with acknowledgement or sent by United States
Certified or Registered Mail, postage prepaid, addressed to the parties as set forth below:
The Town of Fountain Hills:
Recreation Coordinator
Town of Fountain Hills
16705 E Ave of the Fountains Fountain Hills, Arizona 85268
Renter: Patrick Gentry & Arthru Marshall
Grand Slam Sports Tournaments
PO Box 715
Grayson, GA 30017
17. Counterparts. This Contract may be executed in any number of counterparts, each of which may be
treated as an original.
Fountain Hills: Renter:
TOWN OF FOUNTAIN HILLS, Patrick Gentry & Arthur Marshall
An Arizona municipal corporation Grand Slam Sports Tournaments
Steven Heinsma Arthur Marshall
Recreation Coordinator Renter
Kevin Snipes Patrick Gentry
Community Services Director Renter
Rachael Goodwin Linda Mendenhall
Town Manager or Designee Town Clerk
Arthur marshall (Jul 30, 2024 11:35 CDT)
Arthur marshall
Patrick Gentry (Jul 30, 2024 12:36 EDT)
Patrick Gentry
Kevin Snipes (Jul 30, 2024 10:23 PDT)
Rachael Goodwin (Jul 30, 2024 10:25 PDT)
Rachael Goodwin
Exhibit A
Specific fields subject to contract (“Property”):
Golden Eagle Park – Fields 1 – 4.
Exhibit B
Tournament Terms Sheet & Application (attached hereto)
Promoter Name Grand Slam Sports Tournaments
Approved Tournament Date(s)
3/29-30/2024
6/6-8/2024
Field Rental Fees (Refer to Permit) $TBD
Deposit (Due with Tournament Contract) $500.00
Total Fees (Due 5 days before tournament
date(s)) $TBD
Exhibit C
Hotel Booking Program & Fees
1. Renter and Fountain Hills will develop a mutually acceptable booking program designed to:
1.1. Maximize the number of athletes and spectators staying in Fountain Hills for the
tournament.
1.2. Market room availability to athletes and spectators.
1.3. Renter will promote Fountain Hills-based hotels to tournament participants.
2. Registrant Data. Within 30 days following the event, Renter shall provide a report to Fountain
Hills that will include the following information:
2.1. Total number of registered participants;
2.2. Number of athletes who participated.
2.3. Completed participant surveys.
Exhibit D
Fountain Hills Tournament Policies
Facility Requests:
Tournament requests are accepted year round with priority consideration for high demand weekends
and busy season (October - April) requests happening on a semi-annual basis.
• January - June requests are reviewed July 1st of the previous calendar year.
• July - December requests are reviewed January 1st of the same calendar year.
In the event that a request does not fall on a holiday or during the high demand season or the requested
tournament occurs before the next review date, please submit the request form on our website and we
will respond within 5 business days.
Tournament Rates**
• Hourly Rate per field: $22.50
• Light Hourly Rate: $15
• Field Prep: $30 each (Includes field dragging, water, & line batter’s box, foul lines, bases)
• Temporary Mounds: $30 each field per event
• Temporary Fencing: $25 each field per event
• Onsite Supervisor: Ranges from $23-$40 per hour
• Deposit of $500 is due upon permit approval
• MCSO Deputy Hourly Rate: $50.00 (Only when applicable)
*All rentals are subject to applicable Arizona sales tax
** All Rental Rates are subject to change
Deposits:
• A $500 deposit is required to hold any requested dates.
• The deposit is held through the completion of each event to cover the cost of damages and any
additional rental fees incurred by games running longer than scheduled.
• Cancellation of any event within 90 days will result in a forfeiture of the deposit.
• The deposit is fully refundable if there are no contract breaches or additional charges incurred.
Schedule
• A final game schedule must be submitted 5 days prior to the permitted dates.
• The Recreation Coordinator will change the permit a maximum of two times, a $25
administration fee will be charged for a third change and for every permit change after that.
• The promoter is responsible to request the most accurate time needed for their event as refunds
will not be issued for changes happening within 72 hours of the start time except for reasons
preventable by the Town and force majeure.
• All permits will begin one hour prior to the first game time.
Surveys – Registrant Data
Within 30 days following the event, Renter shall provide a report to Fountain Hills that will include the
following information:
• Total number of registered participants;
• Number of athletes who participated.
• Completed participant surveys - https://forms.gle/FPXmyBEZFhoarsnN7
Appendix Check List for Renter
Requested Items Due Completed
Signed Tournament Contract
Immediately
Deposit
Immediately
Full refund requests (if needed)
90 days before event
Tournament Sponsors (if any) 90 days before event
Insurance requirements
30 days before event
Vendor Business Licenses (if
needed)
15 days before event
Full payment
5 days before event
Participant data and surveys
30 days after event