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HomeMy WebLinkAboutC06-290 LEASE AGREEl\1ENT between EAGLE COUNTY and MILLER RANCH PROPERTY OWNERS' ASSOCIATION This Agreement, entered into day of September, 2006, between Eagle County, Colorado ("Landlord") and Miller Ranch Property Owners' Association ("Tenant"), WITNESSETH: WHEREAS, Landlord owns property commonly known as the Miller Ranch Child Care and Community Center and located at 0025 Mill Loft Road in Edwards, Colorado ("the Center"); and WHEREAS, Landlord wishes to make portions of the second floor of the Center ("the Premises") available for use by Tenant; and WHEREAS, Tenant wishes to utilize the Premises for furtherance of the purposes set forth in its Articles of Incorporation and Bylaws. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, Landlord and Tenant agree as follows: ARTICLE I Premises Landlord leases to Tenant, and Tenant leases from Landlord, the Premises, consisting of a total of 1646 square feet of space located on the second floor of the Center, comprised of an office (room 212, 163 square feet), the event room (aka community room, 1311 square feet) and shared use of the second floor reception area (171 square feet, one half of total, attributed to Tenant). ARTICLE II Term The term of this Lease ("the Term") is ten (10) years, from March 16,2006 to March 15,2016, unless terminated earlier in accordance with the provisions of this Agreement. ARTICLE III Rent The annual rental for the Premises is One (1) Dollar. By executing this Agreement, Landlord acknowledges the sufficiency and receipt of Ten (10) Dollars in payment of the annual rental for the full term of this Agreement. ARTICLE IV Insurance 1. Tenant shall at its expense maintain in full force during the Term comprehensive liability insurance against liability for death of or injury to persons, or damage to property, occurring in or about the Premises or resulting from an event or events occurring on the Premises. Each policy shall be approved as to form by Landlord. The coverage amounts under such insurance shall not be less than One Million Dollars ($1,000,000) for anyone person injured or killed and not less than Five Hundred Thousand Dollars ($500,000) for anyone property damage. The policies shall name as insured parties Tenant and Landlord and shall contain a clause that the insurer will not cancel or change the insurance without first giving Landlord forty-five (45) days' prior written notice. A copy of the policy or a certificate of insurance shall be delivered to Landlord. 2. Landlord shall at its expense maintain in full force during the Term comprehensive property, casualty and fire insurance on the Center and its contents, including the Premises, with the standard extended coverage endorsement attached to the extent of at least eighty percent (80%) of their insurable value. ARTICLE V Indemnification Tenant shall occupy and use the Premises at its own risk. Tenant releases Landlord from liability for any claims, costs, losses or damages that Tenant may suffer or incur as a result of its occupation or use of the Premises, except such costs, losses or damages as may be caused by the willful misconduct of Landlord or its employees or agents. Additionally, Tenant shall indemnify Landlord and save Landlord harmless from and against any and all claims, costs, losses or damages suffered or alleged to be suffered by any third party (including Tenant's members, directors, officers, employees and agents) as a result of Tenant's occupation or use of the Leased Premises. If Landlord is made a party to any litigation commenced by or against Tenant, then Tenant shall fully protect and hold Landlord harmless and pay all costs, expenses, and reasonable attorneys' fees, incurred or paid by Landlord in connection with such litigation, to the maximum extent allowed by law. 2 ARTICLE VI Utilities and Services 1. Common Utilities and Services. Tenant shall be responsible for its pro rata share, allocated and calculated on the basis of square footage of the Premises as a percentage of the total square footage of the Center, for gas, electric, water, sewer, trash disposal, common telephone, snow removal, landscape maintenance, parking lot maintenance, exterior building maintenance, elevator maintenance and any other utilities or services (collectively, the "Common Utilities or Services") that cannot practicably be provided and/or billed separately to Tenant. Such pro rata share is thirteen percent (13%). Tenant shall reimburse Landlord for its share of the Common Utilities or Services within fifteen (15) days after receipt of a statement therefor from Landlord, which statement shall be issued on a calendar year quarterly basis. Landlord shall not be liable in damages or otherwise to Tenant or any person or entity on the Premises, whether at the express or implicit invitation of Tenant, for any injury or damages sustained or incurred by Tenant or such other person or entity, as the result of interruption or failure of Common Utilities or Services. 2. Excessive or Overload Use of Common Utilities or Services. Tenant agrees not to install any equipment, or make any use of any equipment, that overloads the capacity of a Common Utility or Service. In the event that Landlord reasonably determines that Tenant wishes to install, or has installed, any equipment so overloading any Common Utility or Service, or is making any use of existing equipment that overloads any Common Utility or Service, Landlord may, at its option, either prohibit such installation or use or assess against Tenant an additional charge reasonably reflecting such overload or excessive use. Tenant agrees to comply with the reasonable decision of Landlord on such installation or use. 3. Utilities and Services Contracted for or Arranged by Tenant. Tenant shall pay for all utilities or services, such as telephone or cable, for which it separately has contracted or arranged solely for enhancement of its use and occupancy of the Premises. ARTICLE VII Prohibited Uses 1. Tenant shall not use the Premises for any purpose or activity other than those customarily associated with the operations of a property owners association, and it shall not use, occupy, or permit the Premises or any part thereof to be used or occupied for any activity reasonably unlawful under any federal, state or local law, regulation or mle or any activity deemed by Landlord to be disreputable, or hazardous, or to create a nUIsance. 2. Tenant shall not do or permit anything to be done on or about the Premises, or bring or keep anything thereon, that will cause cancellation or non-renewal of, or an increase in the premium for, fire insurance maintained by Landlord upon the Center. Tenant shall, at Tenant's sole cost and expense, comply with any and all 3 requirements pertaining to the Premises imposed by any insurance company that are prerequisite to the procurement or maintenance of all-risk or specified risk insurance on the Center. 3. No hazardous substances or materials are allowed on the Premises. Hazardous substances or materials are those that are identified by a federal, state or local authority as having a hazardous material classification greater than one (1) for heat, fire, or reactivity, and those with a specific hazard designation by such a federal, state or local authority. 4. Storage or placement, permanent or temporary, of any item or material outside the Premises, whether on common areas or areas occupied by Landlord, unoccupied, or leased by some other entity or person, is prohibited. ARTICLE VIII Event Room Included in the Premises is a meeting room (Event Room") suitable for use for public functions. The parties agree that Tenant shall be authorized to make the Event Room available to Eagle County residents and entities ("Event Room Users") for the conduct of meetings and other activities or events, provided that all such Event Room Users shall agree in writing to be bound by the Event Room User Agreement (Exhibit A), Event Room Rules, Regulations and Rental Rates (Exhibit B) and Waiver, Release and Covenant Not to Sue (Exhibit C) (collectively, "Event Room Agreement, Rules and Waiver"; copies of all three exhibits attached hereto and made a part hereof by this reference). The parties understand that the Event Room Agreement, Rules and Waiver may be amended from time to time with the written approval of Landlord, at the suggestion of Tenant or at the initiative of Landlord. It is understood that use of the Event Room by Landlord without charge to Landlord is authorized, on a basis that will not unreasonably interfere with Tenant's right to use of the Event Room as set forth herein. ARTICLE IX Repairs, Alterations and Improvements 1. Landlord shall keep in good order, condition and repair all exterior walls (except the interior faces thereof), downspouts, gutters, electrical systems, and plumbing and sewage systems outside or inside the Center of which the Premises form a part, allowing for reasonable wear and tear. 2. Tenant shall keep in good order, condition and repair the Premises and all equipment, accessories and furnishings under the control of Tenant, allowing for reasonable wear and tear. 3. Tenant shall not make any alterations, improvements or additions to the Premises, whether or not they affect the exterior or any stmctural, mechanical and/or 4 electrical component of the Center, without first obtaining Landlord's written consent, and any such alteration, improvement or addition shall be made at Tenant's expense. 4. Subject to the provisions of subsection 5 of this Article IX, unless otherwise elected by Landlord in its sole discretion, all alterations, improvements or additions, including partitions, flooring, carpeting or fixtures of any kind, including light fixtures, electrical fixtures, and plumbing fixtures, and other changes to the Premises which may be made or installed by either of the parties hereto and which in any manner are attached to the floors, walls, windows, or ceilings, are to become the property of Landlord upon expiration or earlier termination of this Agreement, however such termination may occur, and shall remain upon and be surrendered with the Premises without reimbursement by Landlord to Tenant for the cost of any such alterations, improvements or changes. If Landlord elects that any or all of the alterations, improvements or changes be removed or restored by Tenant to their original condition upon termination of this Agreement, Tenant shall remove or restore the same prior to vacating the Premises and shall repair any damages caused by such removal or restoration. 5. Tenant shall retain ownership of all moveable trade fixtures upon expiration or earlier termination of this Agreement and shall remove all of such fixtures from the Premises prior to vacating the Premises. Tenant's obligations to perform the promises contained in this subsection 5 shall survive the expiration or earlier termination of this Agreement. ARTICLE X Assignment and Subletting Tenant may not assign this Agreement or any interest herein, or permit the use or occupancy of the Premises by any person or persons other than Tenant, or sublet the Premises in whole or in part, without Landlord's prior written consent, which consent shall not be withheld unreasonably. For purposes of this Article, Landlord gives approval to rent out the Event Room pursuant to the Rules and Regulations attached hereto. ARTICLE XI Access to Premises Landlord and Landlord's authorized representative shall have the right to enter upon the Leased Premises at all reasonable hours (and in emergencies, at all times) to inspect the same, to make repairs, additions or alterations to the Premises and for any lawful purpose. Landlord agrees to provide Tenant with reasonable notice whenever Landlord deems it necessary to enter upon the Premises, and Landlord further agrees that in exercising the right provided by this Article, it will respect and protect the privacy rights of, and confidential information concerning, Tenant's clients. 5 ARTICLE XII Default Delinquency or failure by Tenant in the performance of or compliance with any of the obligations of Tenant under this Agreement for a period of ten (10) days after written notice thereof from Landlord shall constitute a default under this Agreement by Tenant. ARTICLE XIII Termination 1. following: This Agreement shall be terminated upon the occurrence of any of the a. Default of the Tenant under Article XII hereof if Landlord elects in writing to treat such default as a termination of this agreement; notice to Tenant of any such written election by Landlord shall specify the effective date of such termination, which date shall be not less than thirty (30) days after the date of such notice. b. Written notification by either party that this Agreement will terminate for any reason whatsoever, with or without cause, specifying the date of termination. Said termination date shall be no sooner than ninety (90) days from the date of notification. 2. Upon the termination of this Agreement pursuant to this Article or pursuant to expiration of the Term, Tenant shall peacefully surrender the Premises to Landlord, and Landlord, upon or at any time after any such expiration, may without further notice, peaceably reenter the Premises and take control thereof. 3. No such termination of this Agreement shall relieve Tenant of any agreement or obligation under this Agreement. ARTICLE XIV Waiver No waiver or waivers by Landlord of any delinquency or failure by Tenant in the performance of or compliance with any of the obligations of Tenant under this Agreement shall be constmed as a waiver of any subsequent breach of the same or any other provision thereof, and the consent or approval by Landlord to any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by Landlord. 6 ARTICLE XV Holding Over Tenant acknowledges that the term of this Agreement expires on March 15,2016. If Tenant remains in possession of the premises with the consent, express of tacit, of Landlord after the expiration or earlier termination of this Agreement for whatever reason and without executing a new Agreement, then such holding over shall be constmed as a tenancy from month to month, subject to all the conditions, provisions and obligation of this Agreement insofar as the same are applicable to a month to month tenancy. ARTICLE XVI Notices 1. All notices to be given with respect to this Agreement shall be in writing. Each notice shall be sent bye-mail or by registered or certified mail, postage prepaid and return receipt requested, to the party to be notified at the following address or at such other address as either party may from time to time designate in writing: Landlord Tenant bryan. trcu @caglccounty.us Or Eagle County 500 Broadway Attn: County Attorney Eagle CO 81631 sstafford@slifermgmt.com Or Miller Ranch Property Owners' Association C/O Slifer Management Company, Inc. 143 Meadow Drive, No. 360 Vail CO 81657 2. Every notice shall be deemed to have been given at the time is transmitted to the recipient bye-mail or deposited in the United States mail in the manner prescribed herein. Nothing contained herein shall be constmed to preclude personal service of any notice in the manner prescribed for personal serve as a summons or other legal process. ARTICLE XVI Attorney's Fees & Waiver of Right to Jury In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance or nonperformance of this Agreement, or enforcement of any rights or remedies hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to recover, in addition to any judgment, award or other relief, its reasonable attorney's fees and costs incurred. Landlord and Tenant expressly waive any right which either may have to trial by jury of any dispute arising under this Agreement relating to the issues of termination of this Agreement and rights to possession of the Leased Premises. 7 ARTICLE XVIII Entire Agreement, Amendments This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written statements, understandings or correspondences, if any, with respect thereto. This Agreement may be amended only by a writing executed in the same manner as this Agreement. ARTICLE XIX Miscellaneous Provisions 1. If any portion of this Agreement shall be declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. 2. This Agreement and all promises herein contained shall bind the parties hereto and their heirs, personal representatives, successors and assigns. 3. This Agreement shall be constmed in accordance with the laws of the State of Colorado. The parties hereto stipulate and consent to the exclusive jurisdiction and venue of the District Court, Eagle County, Colorado, in any civil action which might arise under this Agreement. 4. The signatories below hereby represent and warrant that they have full authority to enter into this Agreement on behalf of the party on whose behalf they sign. 5. Tenant, for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, covenants and agrees that no person, on the ground of race, color, religion, national origin, gender, age, military status, marital status, or physical or mental disability, shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination in the use of the Leased Premises. 6. No agent, employee or volunteer of Tenant shall be deemed an agent, employee or volunteer of Landlord. No agent, employee or volunteer of Landlord shall be deemed an agent, employee or volunteer of Tenant. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. LANDLORD: ommlsslOners BY: ATTEST: . Runyon, Chairmar / 8 BY: Teak J. Simonton, Cler to the Board of County Commissioners , TENANT: Miller Ranch Property Owners' Association BY: Name: Title: STATE of COLORADO COUNTY of EAGLE . The foregoing instmment was acknowledged before me this 2~11\:;fy,2006, by Jallu \ V~ . Witness my hand and official seal My commission expires: 9 day of MILLER RANCH COMMUNITY CENTER EVENT ROOM USER AGREEMENT Application Date: Date: Time: From (This should include set up and clean up) to Name of User: (one person, and one only, herein called the User, must act on behalf of the User on all levels of responsibility for usage of the Event Room). Description of event: Size of event (anticipated number of attendees 187 person limit): User physical address: User mailing address . User telephone number: User e-mail address: User fax number: User Rental Deposit amount Total Amount (Make check for deposit and fees payable to Miller Ranch Property Owners' Association) The User's deposit will be returned to the User upon completion ofthe event and inspection of the Event Room. Deposits are subject to full or partial forfeiture as set forth in the Rules and Regulations attached hereto and incorporated herein by this reference. If costs of cleaning or repair are greater than the deposit the User will be billed for the balance, and the User hereby agrees to pay such billing promptly upon receipt of a bill. The User has inspected the Facility; and is familiar with the present condition thereof and agrees to accept the Premises in such condition at the commencement of the use unless noted below. Miller Ranch Property Owners' Association ("MRPOA"), through its designated representative, may at any time during an event enter onto the premises to assure that use of the Event Room is in compliance with the Rules and Regulations. The User, however, is responsible for providing and monitoring of the event to maintain order, for litter and trash control or other enforcement of the Rules and Regulations. User Notes on Condition: EXHIBIT I ''If A User will be responsible for the conduct and control of all attendees at an event and will ensure that all applicable mles and regulations, as well as federal, state and county laws, are observed by all attendees at the event. In the event alcoholic beverages are sold by whatever means on the Premises by the User, its agents, or invitees, User shall obtain and pay for any Permit or Special Event License for the sale of intoxicating beverages required by law prior to commencement of such event. Such Permit or License shall then become an attachment to this agreement. User hereby agrees to indemnify the MRPOA and Eagle County against any claims, direct or indirect, incurred as a result of the service or consumption of such beverages in or about the Event Room by Users, its agents or invitees. User agrees to indemnify, defend and hold harmless the MRPOA and Eagle County, and their respective officers, employees or agents, against any claims for damages as a result of or in any way arising from the actions, control, management or operations ofthe User in or about the Event Room. In addition, User agrees to and does hereby waive, release, and covenant not to sue the MRPOA or Eagle County or their respective officers, employees or agents (collectively, the "Releasees") from any and all liability, claims, demands, actions, attorney's fees, costs, expenses, and causes of action whatsoever, whether direct or indirect, arising from the use of the Event Room, whether such losses, damages, or injuries result from the negligence or any other unintentional tort committed by the Releasees or from some other cause. User signature Date Print Name and Title G:\RLM\Contracts\MR - Useage Agreement.doc lVlILLER RANCH COMMUNITY CENTER EVENT ROOM RULES, REGULATIONS AND RENTAL RATES BOOKING PROCEDURE A person or entity (a "User") wishing to use the Miller Ranch Community Center Event Room (the "Event Room") should contact the Administrator at (970) 476 - 1063 during normal working hours. The Administrator will determine availability of the Event Room and send out the booking information, including contracts. Use ofthe Event Room will be confirmed upon receipt ofthe specified deposit, usage fees, signed contract and waivers and/or insurance certificate, if applicable. Contracts and fees must be sent to the Miller Ranch Property Owners Association, C/O Slifer Management Co., Inc., 143lVleadow Drive, No. 360, Vail CO 81657. ACCESS TO CENTER The Event Room will be unlocked prior to the event and it will be locked after the event by an employee of Slifer Management Company, Inc. or one ofthe Board Members of the Miller Ranch Property Owners Association. MAXIMUl\f OCCUPANCY As determined by Fire Codes, the maximum number of occupants for the Event Room is one hundred and eighty-seven (187). Attendance of more than the maximum number of occupants at an event will result in forfeiture of the User's deposit. RENTAL RATE SCHEDULE FOR EVENT ROOM Miller Ranch Owners and Non-Profits General Public Monday- Thursday Monday- Thursday 8:00 a.m. - 12:30 p.m.: $30 8:00 a.m. - 12:30 p.m.: $100 12:30 p.m. - 5:00 p.m.: $30 12:30 p.m. - 5:00 p.m.: $100 5:00 p.m. 10:00 p.m.: $70 5:00 p.m. - 10:00 p.m.: $200 All day: $120 All day: $350 Friday-Sunday Friday-Sunday 8:00 a.m. 12:30 p.m.: $50 8:00 a.m. - 12:30 p.m.: $200 12:30 p.m. - 5:00 p.m.: $50 12:30 p.m. - 5:00 p.m.: $200 I EXHIBIT , 13 5:00 p.m. 10:00 p.m.: $125 5:00 p.m. - 10:00 p.m.: $375 All day: $200 All day: $600 DEPOSITS Miller Ranch Owners and Non-profits General Public $150.00 $250.00 for partial day $500.00 for all day LIABILITY INSURANCE Requirements, if any, for the User to obtain liability insurance protecting the Miller Ranch Property Owners Association ("MRPOA") and Eagle County against liability for claims arising from use of the Event Room will be addressed by the Administrator on a case by case basis. Prospective Users will be advised of any requirement for such insurance prior to commitment to use of the Event Room. CANCELLATION POLICY MRPOA will retain the deposit if a cancellation occurs fewer than 14 days prior to the event. CLEANING AND MAINTENANCE Users will be responsible for cleaning up after their events in accordance with the "Clean Up Procedures" sheet appended hereto. Users may opt to use the Community Center cleaning company to clean at a rate of$75.00 per hour. The Community Center maintenance personnel will inspect the building after a function to determine if it has been cleaned satisfactorily. A charge of$75.00 per hour for necessary cleanup will be deducted from the deposit. Users may not use thumbtacks, nails, tape, etc., to hang decorations, etc., and damage from such use will be deducted from the deposit. ("Plasti- Tak" or a substitute reusable adhesive is acceptable.) PARKING Users and persons attending an event at the Event Room must park in the parking lot across Miller Ranch Road from the Miller Ranch Community Center. No parking is allowed on any of the streets or other parking lots within the Miller Ranch subdivision (except in the parking lot adjacent to the Center after 6:00 p.m. or on weekends or holidays). Overflow on-street parking is allowed only when the parking lot across the street and the parking lot adjacent to the Center are completely full. Users are responsible for notifying attendants at an event of the parking regulations. Illegally parked cars will result in the forfeiture of a User's security deposit. HOURS The Event Room will be available for private functions between the hours of 8 am and 10:00 pm daily. Day rental guests must depart by the end of the time period for which the Event Room has been rented and clean up and lock up must be completed by the end of such period. Night rental guests must depart by 10:00 pm and clean up and lock up must be completed by 10:30 pm. Any User not vacating the building by the applicable time will forfeit his deposit. SOUND/NOISE Amplified sound systems may not be used during daytime rentals. Amplified sound systems such as for recorded music, public address or live bands may be used inside the Event Room for nighttime rentals but must be turned offby 9:30 pm. Any sound complaints to the Administrator or the Eagle County Sheriff from area residents will result in the forfeiture of the User's deposit. TABLES AND CHAIRS Tables and chairs are located in the storage areas in the Event Room. They must be cleaned, stacked and returned to the storage areas as part ofthe Event Room cleanup. LIQUOR It is the responsibility of the User to obtain a liquor license, if liquor is to be sold on the premises. In no event may alcoholic beverages of any type be served without the prior written permission of the MRPOA. Sl\10KlNG The Community Center is a no-smoking facility. Violation of the no-smoking rule by a User or any person attending a User's function will result in forfeiture of the user's deposit. CLEANING EQUIPMENT Cleaning equipment is located the storage rooms adjacent to the Event Room. The Event Room Checkout Sheet, which is located on a clipboard in one of the storage rooms, must be initialed and signed as indicated by the User and by a Slifer Management Company, Inc. employee or Miller Ranch Property Owners Association Board Member before the User vacates the facility. WINDOWS The User is responsible for assuring that all windows are closed and secured before the User vacates the Event Room. G:\RLM\Contracts\MR-Rental Rates.doc MILLER RANCH COMMUNITY CENTER EVENT ROOM CLEAN UP SHEET User must initial each item. TABLES AND CHAIRS: All tables and chairs wiped down and stored. TRASH: All trash containers emptied, and new bags placed in cans, ready for next function. (The dumpster is located next to walkway in parking lot. Do not leave trash outside of dumpster. ) KITCHEN: Counters and sink wiped clean. Refrigerator and freezer wiped clean and completely emptied. CARPET & FLOORS: Floors cleaned. (Sweep with dust mop; mop all concrete/tile areas and vacuum all carpet.) Glitter must be vacuumed. All balloons must be removed. ENTRANCE FOYER AND STAIR WELL: All trash picked up. SECURITY All windows checked and locked (if left unlocked, User will be responsible for resulting loss). Signature of User or User Representative: Time: . m. Signature of Slifer or MRPOA Representative: Time: . .m. NOTES: G:\RLM\Contracts\MR - clean up sheet.doc WAIVER, RELEASE AND COVENANT NOT TO SUE THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. READ IT BEFORE SIGNING. IF YOU DO NOT UNDERSTAND ANY PART, WE URGE YOU TO CONSULT YOUR ATTORNEY. In consideration of the permission granted by the Releasees (as defined below) to use the Berry Creek Metropolitan District Community Center and its Programs (as defined below), by signing the WAIVER, RELEASE AND COVENANT NOT TO SUE, I, whose address is , for myself, my spouse, my minor children, and my heirs, legal representatives, executors and assigns, hereby waive, release, and covenant not to sue the following persons and entities: Berry Creek Metropolitan District and each of its officers, directors, employees, agents, representatives, consultants, lessees, subcontractors, successors and assigns (collectively, the "Releasees") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of any physical or property damage, loss, or injury while upon the premises of the Berry Creek Metropolitan District Community Center (collectively "Programs"), whether such loss, damage, or injury results from the negligence of or any other tort committed by the Releasees or from some other cause. I understand and recognize that there are specific risks of physical or property damages, losses, injury or even death that may result from my participation or attendance at the Berry Creek Metropolitan District Community Center or the Programs. I voluntarily assume the risks associated with such participation or attendance. This Waiver, Release, and Covenant Not to Sue is effective immediately and shall survive the termination of my rights to use the Berry Creek Metropolitan District Community Center and its Programs. I, the undersigned, have read this WAIVER, RELEASE AND COVENANT NOT TO SUE, and understand all of its terms. I execute it voluntarily and with full knowledge of its significance. IN WITNESS WHEREOF, I have signed this Waiver, Release and Covenant Not to Sue this _ day of , 200, at , Colorado. PRINT NAME: SIGNED: I EXHIBIT lIt 1/