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HomeMy WebLinkAboutC22-097 Avon Recreation Center_updated Agreement Avon Recreation Center Facility Rental Agreement 1.0 PARTIES. The parties to this agreement (“ Agreement ”) are the Town of Avon, Colorado, a Colorado home rule municipality (“ Town ”) and Eagle County Healthy Aging (“ Renter ”). This Agreement is effective upon execution by the Renter and following execution by the Town Manager on the date indicated below. 2.0 FACILITY USE. The Town hereby rents to Renter the use of the West Studio Room at the Avon Recreation Center, located at 90 Lake Street, Avon, CO (“ Facility ”) for the purposes of conducting Senior programming for the Eagle County Healthy Aging in accordance with the following schedule: Mondays, 10:15am-12:15pm Any other dates and times, or changes for facility rental must be submitted in writing to the Recreation Department two weeks prior to desired use. 3.0 TERM. This Agreement shall commence on February 28, 2022 and shall expire on December 26 th , 2022. This Agreement shall supersede and replace the agreement executed by the parties on December 16, 2021. 4.0 PAYMENT. Rental payment shall be $25 per hour. An invoice will be sent to Eagle County Healthy Aging and payment will be due within 30 days of receipt. 5.0 INSURANCE. Renter shall maintain commercial general liability coverage providing primary bodily injury and primary property damage coverage with a combined single limit of at least $1,000,000 and a deductible of not more than $1,000. Such insurance shall provide that it may not be canceled without thirty (30) days prior written notice to the Town. Renter shall cause Town to be named as an additional insured and shall provide Town with evidence, acceptable to Town, that the required insurance is in full force and effect. 6.0 ADDITIONAL REQUIREMENTS. 6.1. Renter had inspected the Facility and accepts the Facility in such condition at the commencement of the Agreement. 6.2. Renter shall immediately report to the Town any observed hazards, dangerous conditions or other conditions that may pose a risk of personal injury. Avon Facilities Rental Agreement Eagle County Healthy Aging | February 2022 – December 2022 Page 1 of 2 DocuSign Envelope ID: BACA56EB-9379-4213-983C-3F8A065A8DE3 6.3. Town reserves right to enter, at any time, to enter the Facility to review Renter’s actions and conduct and/or any other reasonable purpose. 6.4. Renter shall be responsible for the conduct and control of participant; to ensure that all Federal, State, County, Municipal and other applicable regulations are followed; and to ensure that participants understand the pools rules. 7.0 INDEMNITY : To the fullest extent permitted by law, Renter shall indemnify, defend and hold harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney’s fees, arising out of this Agreement or related to the activities permitted in this Agreement. 8.0 TOWN UNILATERAL TERMINATION. Town may terminate this Agreement without cause upon delivery of written notice to the Renter at least seven (7) days prior to the effective date of termination or may terminate this Agreement immediately upon delivery of written notice if Renter fails to comply with or perform any term or condition of this Agreement. 9.0 ASSIGNMENT. This Agreement shall not be assigned by the Renter and any assignment without the prior written consent of the Town shall be void. 10.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado. 11.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 12.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. TOWN OF AVON: By: ________________________________ Attest: ________________________________ Eric Heil, Town Manager Brenda Torres, Town Clerk Eagle County Healthy Aging: By : _____________________________ Avon Facilities Rental Agreement Eagle County Healthy Aging | February 2022 – December 2022 Page 2 of 2 DocuSign Envelope ID: BACA56EB-9379-4213-983C-3F8A065A8DE3