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Home My WebLink AboutC2022-500 - Fountain Hills Disc Golf Club This Agreement is entered into this 30th day of June, 2022 between the Town of Fountain Hills, Maricopa County, Arizona (“Fountain Hills”), a municipal corporation of the State of Arizona and Fountain Hills Disc Golf Club (“FHDGC”). Recitals A. Fountain Hills owns and operates the Fountain Hills Disc Golf Course at Fountain Park. B. FHDGC has provided in the past and desires to continue to provide educational and/or recreational programs to the general public and Fountain Hills residents at the Fountain Park. C. FHDGC has provided in the past and desires to continue to provide as needed disc golf equipment and maintenance at the Fountain Park. D. 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. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Property. Fountain Hills agrees to permit FHDGC to use, subject to the provisions set forth in this Use Agreement, the disc golf course located at Fountain Park (“Property”) for the purpose of operating public educational programs, and ongoing care of the facility. FHDGC 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. FHDGC must obtain approval from the Town for park upgrades, and/or installations on the Property. All donations, installations, and/or equipment at Fountain Park becomes Town property. 2. Term and Termination. This agreement shall have an annual term, and shall automatically renew every fiscal year thereafter. FHDGC shall submit a list of board members to Fountain Hills on an annual basis. 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. FHDGC shall submit organization names and main contact information to the Town of Fountain Hills by July 1st of each fiscal year. 3. Permitted Uses of the Property. The Property may be used by FHDGC for Permitted Uses. FHDGC shall comply with all rules and regulations of Fountain Hills regarding permitted uses. FHDGC shall submit facility use requests to the Town of Fountain Hills as least ten days prior to any program. FHDGC shall submit an application and application fee for special event application requests at least 60 days in advance of scheduled event. 4. Consideration: In consideration of FHDGC continuing to provide seasonal and/or regular educational or recreational programs, which shall be open to the general public and Fountain Hills residents, Fountain Hills hereby agrees to provide, at no cost to FHDGC the use of the Fountain Park disc golf course for up to four events and/or programs that educate, enrich or benefit the residents of Fountain Hills. Programs provided by FHDGC may include, but not limited to: disc golf tournaments, educational programs, and program including expert speakers or presentation topics of interest to the education opportunities available at the Fountain Park or in the Town of Fountain Hills. FHDGC shall serve as advocates for the Town Disc Golf Course, Town ordinances, and rules. FHDGC shall serve as facilitator of communication for the town with regards to closures and updates. FHDGC maintains basket placements for events as needed and maintains keys for locks in the Fountain Park pump house maintenance area where both the Town and FHDGC have access. The FHDGC President or Vice President are permitted to submit requests for replacement and/or repair of equipment and locks to the Town through email. The Fountain Hills staff will determine the appropriate course of action for repairs. Repairs and replacements performed by FHDGC must be approved by Fountain Hills and an invoice submitted to the Town. 5. Compliance with the Law. FHDGC 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 FHDGC fails to fulfill or breaches any term, covenant, condition, provision or agreement contained in this USE Agreement, then FHDGC shall be in default. In the event of any such default by FHDGC, then in addition to and not in lieu of any other remedies available to Fountain Hills at law or in equity, Fountain Hills hall have the option to immediately terminate this Use Agreement and all rights of FHDGC hereunder by giving written notice of such intention to terminate. Communication regarding this agreement and the services shall be directed to the following parties: Grady Miller Marty Coplea Town Manager President (for) Town of Fountain Hills Fountain Hills Disc Golf Club 16705 E Avenue of the Fountains 12423 N Via de Penasco 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 Fountain Hills Disc Golf Club (FHDGC) _____________________________ ____________________________________ Marty Coplea (May 25, 2022 11:40 PDT) Marty Coplea FHDGC President Aaron Arnson (May 28, 2022 20:03 PDT) Elizabeth Klein (May 31, 2022 14:48 PDT) FHDGC Use Agreement 2022_2023 Final Audit Report 2022-05-31 Created:2022-05-23 By:Robert Durham (rdurham@fountainhillsaz.gov) Status:Signed Transaction ID:CBJCHBCAABAA5DRiDaIRrS7_mNURi266tr84WPuTAME- "FHDGC Use Agreement 2022_2023" History Document created by Robert Durham (rdurham@fountainhillsaz.gov) 2022-05-23 - 7:23:54 PM GMT- IP address: 184.178.192.162 Document emailed to Marty Coplea (mcoplea@gmail.com) for signature 2022-05-23 - 7:26:07 PM GMT Email viewed by Marty Coplea (mcoplea@gmail.com) 2022-05-23 - 7:26:10 PM GMT- IP address: 74.125.150.34 Document shared with Linda Ayres (layres@fountainhillsaz.gov) 2022-05-23 - 7:27:21 PM GMT- IP address: 184.178.192.162 Document e-signed by Marty Coplea (mcoplea@gmail.com) Signature Date: 2022-05-25 - 6:40:44 PM GMT - Time Source: server- IP address: 68.0.132.150 Document emailed to Aaron Arnson (aaron@piercecoleman.com) for signature 2022-05-25 - 6:40:46 PM GMT Email viewed by Aaron Arnson (aaron@piercecoleman.com) 2022-05-26 - 5:18:07 AM GMT- IP address: 104.28.85.157 Email viewed by Aaron Arnson (aaron@piercecoleman.com) 2022-05-28 - 10:33:43 PM GMT- IP address: 104.28.85.158 Document e-signed by Aaron Arnson (aaron@piercecoleman.com) Signature Date: 2022-05-29 - 3:03:36 AM GMT - Time Source: server- IP address: 69.53.213.227 Document emailed to Grady Miller (gmiller@fountainhillsaz.gov) for signature 2022-05-29 - 3:03:38 AM GMT Email viewed by Grady Miller (gmiller@fountainhillsaz.gov) 2022-05-29 - 6:53:45 AM GMT- IP address: 104.28.85.161 Document e-signed by Grady Miller (gmiller@fountainhillsaz.gov) Signature Date: 2022-05-31 - 8:44:15 PM GMT - Time Source: server- IP address: 68.3.211.133 Document emailed to Elizabeth Klein (eklein@fountainhillsaz.gov) for signature 2022-05-31 - 8:44:17 PM GMT Email viewed by Elizabeth Klein (eklein@fountainhillsaz.gov) 2022-05-31 - 9:48:04 PM GMT- IP address: 184.178.192.162 Document e-signed by Elizabeth Klein (eklein@fountainhillsaz.gov) Signature Date: 2022-05-31 - 9:48:42 PM GMT - Time Source: server- IP address: 184.178.192.162 Agreement completed. 2022-05-31 - 9:48:42 PM GMT