Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutGE22-05 Alpine Vending and VideoLicense for Installation of Coin Operated Machine(s)
THIS AGREEMENT made and entered into this ___ day of ______________, 2022 by and
between Golden Eagle Elderly Housing Corporation, having its principal place of business at 700
Broadway Street, Eagle CO 81631; hereinafter referred to as the Proprietor, and Alpine Vending &
Video, Inc., having its principal place of business at P.O. Box 5160 Avon, Colorado 81620, hereinafter
called Operator.
In consideration of the mutual covenants and agreements herein contained, the parties do agree as
follows:
1. License. Operator is granted the exclusive right and privilege for a period of seven (7) years
beginning with the date first written above to provide Laundry Machines, including two (2) washers and
two (2) dryers (the “Machines”), for Proprietor’s property located at 700 Broadway Street, Eagle,
Colorado consisting of 36 apartment units and associated facilities (the “Premises”) of Proprietor in an
area designated by Proprietor, and any other such locations as mutually agreed upon.
2. Installation and Services. The Machines shall be installed by Operator at its expense, and shall
be placed, maintained, and serviced by Operator so as to ensure that the Machines are kept in good working
order and condition, and adequately stocked.
3. Service Personnel. Operator’s service personnel shall observe all regulations in effect upon
the Premises of the Proprietor. Proprietor shall furnish to Operator’s service personnel necessary
identification passes required for entrance to or exit from the premises of Proprietor.
4. Insurance and Indemnification. Operator shall maintain such insurance as will hold
Proprietor harmless against any claims arising out of the operation of the Machines upon the Premises.
Operator shall indemnify and hold harmless Proprietor, and any of its officers, agents, and employees
against any losses, claims, damages, or liabilities for which Proprietor may become subject to insofar
as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or
are based upon any performance or nonperformance by Operator.
5. Compliance with Laws. Operator shall comply with all laws, ordinances, rules, and regulations
pertaining to the installation and operation of such vending machines, and will hold Proprietor harmless
against any fine, penalty, or damage for any actual or alleged failure on the part of Operator to comply
therewith. Operator will pay all installation fees and license fees with respect to the Machines.
6. Statement of Sales. Operator agrees to remit to proprietor a 20% commission of the gross
revenue so long as the washing fee remains at $2.00 per cycle and the drying fee remains at $1.50 per cycle,
less applicable state and local sales and use tax and Credit/Debit Card usage fees, if any, from all the
Machines, payable once per month. No monies are due, and no commission amounts will be sent if the total
commission due for any given month is less than 25.00.
7. Ownership of Machine. Proprietor acknowledges that the Machines are the sole property of
Operator, and that nothing in this Agreement or in the relationship between parties will give the Proprietor
any proprietary interest in the Machines.
8. Refunds. Operator will refund monies to Proprietor, which Proprietor has advanced to
customers for machine failures, upon presentation of satisfactory evidence of same to Operator.
DocuSign Envelope ID: 18A138FC-358D-400A-8D2D-FAC0DFC8A06C
10 November
2
9. Renewal and Termination. This Agreement shall be automatically renewed for successive
one-year periods, unless either party gives written notice of cancellation to the other party at least 30 days
prior to the expiration of the original term or of any renewal term.
10. Right to Cure. In the event of a default under any of the terms and conditions set forth in this
Agreement, the non-defaulting party shall give written notice of the default. The defaulting party shall then
have thirty (30) days to cure said default. In the unlikely event said default is not cured at the end of the
thirty-day period, the non-defaulting party has the option to cancel this Agreement.
11. Other Provisions.
a. The parties hereto understand and agree that Proprietor is relying on, and does not waive or
intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and
protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or
otherwise available to Proprietor, its affiliated entities, successors or assigns, its elected officials, employees,
agents and volunteers.
b. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall
be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for
such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws
of the State of Colorado.
c. This Agreement constitutes an agreement for provisione of the machines by Operator as an
independent contractor and not as an employee of Proprietor. Nothing contained in this Agreement shall be
deemed to create a relationship of employer-employee, master-servant, partnership, joint venture, or any other
relationship between Proprietor and Operator except that of independent contractor. Operator shall have no
authority to bind Proprietor.
d. This Agreement contains the entire agreement between the parties with respect to the subject
matter hereof and supersedes all other agreements or understanding between the parties with respect thereto.
e. Operator shall not assign any portion of this Agreement without the prior written consent of
Proprietor. Any attempt to assign this Agreement without such consent shall be void.
f. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect
the validity or enforceability of any other provision hereof.
[Signature Page to Follow]
DocuSign Envelope ID: 18A138FC-358D-400A-8D2D-FAC0DFC8A06C
3
IN WITNESS THEREOF, the parties have signed this Agreement as of the date below.
OPERATOR: Alpine Vending & Video, Inc.
By:____________________________
Daniel F. Sunday, President
Date:__________________________
PROPRIETOR: Golden Eagle Elderly Housing Corporation
By:__________________________
Date:_________________________
DocuSign Envelope ID: 18A138FC-358D-400A-8D2D-FAC0DFC8A06C
11/8/2022
11/10/2022
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
11/2/2022
(303) 237-5445 (303) 239-8807
20443
Alpine Vending & Video, Inc.
PO Box 5160
Avon, CO 81620
20478
A 2,000,000
2099632131 10/19/2022 10/19/2023
10,000
2,000,000
4,000,000
4,000,000
1,000,000B
2072560894 10/19/2022 10/19/2023
Golden Eagle Elderly Housing Corporation, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and
volunteers are Additional Insureds under the Commercial General Liability and Auto policy of insurance.
Golden Eagle Elderly Housing Corporation
700 Broadway St
PO Box 850
Eagle, CO 81631
ALPIVEN-01 KSTEFANSKI
MHIA, LLC
4704 Harlan St., Unit 660
Denver, CO 80212
Continental Casualty
National Fire Insurance Company of Hartford
X
X
X
X
X
X
X
DocuSign Envelope ID: 18A138FC-358D-400A-8D2D-FAC0DFC8A06C