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HomeMy WebLinkAboutC2023-014 - ADOG This Agreement is entered into this 1st day of July, 2022 between the Town of Fountain Hills, Maricopa County, Arizona (“Fountain Hills”), a municipal corporation of the State of Arizona and ADOG, Inc., d/b/a the Association of Dog Owners Group (“ADOG”), an Arizona nonprofit corporation. Recitals A. Fountain Hills owns and operates the Desert Vista Dog Park at Desert Vista Park in Fountain Hills. B. ADOG 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 Desert Vista Dog Park, and other Fountain Hills facilities as requested and approved by the Community Services Director; and 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. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Property. Fountain Hills agrees to permit ADOG to use, subject to the provisions set forth in this Use Agreement, the dog park located at Desert Vista Park (“Property”) for the purpose of operating public educational programs and ongoing care of the facility. ADOG 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. ADOG must obtain approval from the Town for park upgrades, and/or installations on the Property. All donations, installations, and/or equipment at Desert Vista Dog Park becomes Town property. 2. Term and Termination. This agreement shall have an annual term on the Town’s fiscal year calendar, and shall automatically renew every 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. ADOG 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 ADOG for Permitted Uses. ADOG shall comply with all rules and regulations of Fountain Hills regarding permitted uses. ADOG shall submit facility use requests to the Town of Fountain Hills as least ten days prior to any program. ADOG shall submit application fee for special event application requests. 4. Consideration: In consideration of ADOG 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 ADOG the use of Desert Vista Park, ramada, and/or 50% discount for a meeting room of the Town for events/ programs that educate, enrich or benefit the residents of Fountain Hills. Programs provided by ADOG may include, but not limited to: dog training, rattlesnake avoidance training for dogs, and program including expert speakers or presentation topics of interest to the education opportunities available at the Desert Vista Dog Park or in the Town of Fountain Hills. ADOG shall serve as advocates for the Town Dog Park, Town ordinances, and rules. ADOG shall serve as facilitator of communication for the town with regards to closures and updates. 5. Compliance with the Law. ADOG 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 ADOG fails to fulfill or breaches any term, covenant, condition, provision or agreement contained in this USE Agreement, then ADOG shall be in default. In the event of any such default by ADOG, 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 ADOG 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 Denise Ricketts Town Manager President (for) Town of Fountain Hills Association of Dog Owners Group 16705 E Avenue of the Fountains PO Box 17134 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 ADOG, INC. d/b/a Association of Dog Owners Group (ADOG) _____________________________ ____________________________________ Denise I Dunning-Ricketts (Jun 10, 2022 17:03 PDT) Denise I Dunning-Ricketts ADOG President Aaron Arnson (Jun 12, 2022 10:32 PDT) Elizabeth Klein (Jun 13, 2022 07:49 PDT)