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HomeMy WebLinkAbout2024-25_Fountain Hills Tournament Contract-NCS Baseball - 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 National Championship Sports (NCS)/Bruno Cafarelli (“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: Bruno Cafarelli National Championship Sports (NCS) 9367 W Sands Dr Peoria, AZ 85383 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, Bruno Cafarelli An Arizona municipal corporation National Championship Sports (NCS) Steven Heinsma Bruno Cafarelli Recreation Coordinator Renter Kevin Snipes Rachael Goodwin Community Services Director Town Manager or Designee Linda Mendenhall Town Clerk Steven Heinsma (Jul 25, 2024 10:31 PDT) Kevin Snipes (Jul 25, 2024 10:33 PDT)Rachael Goodwin (Jul 29, 2024 07:25 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 Bruno Cafarelli Approved Tournament Date(s) 10/12-13/2024 5/10-11/2025 6/14-15/2025 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