HomeMy WebLinkAboutC25-017 Town of Avon_facility use agreement Avon Recreation Department Facility Use Agreement Eagle County Healthy Aging | January – December 2025
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Avon Recreation Department
Facility Use 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. (“User”). This Agreement is effective
upon execution by the User and following execution by the Recreation Director on the date
indicated below.
2.0 FACILITY USE. The Town hereby allows the User 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
and participating in Older Adult programming in accordance with the following schedule:
Mondays, Move It Class 10:30am-11:30am and Tuesdays, Shallow Water Aquatone Class
11:00am-12:00pm.
Older Adult Field Trips 1x per month from January - December. The Recreation Department
will provide van(s) and driver(s) as needed.
Any additional dates and times for facility use or program participation must be submitted in writing to the Recreation Department two weeks prior to desired use.
3.0 TERM. This Agreement shall commence on January 1, 2025 and shall expire on December 31,
2025.
4.0 PAYMENT. Facility use payment shall be $35.00 per week for the Move It and Shallow Water
Aquatone Classes which will be taught by the Town of Avon Recreation Department employees.
Program payment shall be $10 per person per trip for Older Adult Field Trips. An invoice will be
sent to Eagle County and payment will be due within 30 days of receipt.
5.0 MAINTENANCE. Town reserves the right to close the Facility for maintenance at its sole
discretion. Town will attempt to give reasonable notice of closure.
6.0 INSURANCE. User 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
cancelled without thirty (30) days prior written notice to the Town. User 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.
7.0 ADDITIONAL REQUIREMENTS.
Docusign Envelope ID: D59A9DC1-A8B7-461F-BF7A-5F2B39EE40E6
Avon Recreation Department Facility Use Agreement Eagle County Healthy Aging | January – December 2025
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7.1. User had inspected the Facility and accepts the Facility in such condition at the commencement of
the Agreement.
7.2. User shall immediately report to the Town any observed hazards, dangerous conditions or other
conditions that may pose a risk of personal injury.
7.3. Town reserves right to enter, at any time, to enter the Facility to review User’s actions and conduct
and/or any other reasonable purpose.
7.4. User 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.
8.0 INDEMNITY: To the fullest extent permitted by law, User 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.
9.0 TERMINATION. Town or User may terminate this Agreement without cause upon delivery of
written notice to the User at least seven (7) days prior to the effective date of termination or may
terminate this Agreement immediately upon delivery of written notice if User fails to comply with or
perform any term or condition of this Agreement.
10.0 ASSIGNMENT. This Agreement shall not be assigned by the User and any assignment without
the prior written consent of the Town shall be void.
11.0 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.
12.0 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.
13.0 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.
14.0 MODIFICATION. Any modification of this agreement or additional obligation assumed by either
party in connection with this agreement shall be binding only if evidenced in writing signed by each
party or an authorized representative of each party.
Docusign Envelope ID: D59A9DC1-A8B7-461F-BF7A-5F2B39EE40E6
Avon Recreation Department Facility Use Agreement Eagle County Healthy Aging | January – December 2025
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TOWN OF AVON:
By: ________________________________ By: _______________________________________
Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: _____________________________
Jeff Shroll, County Manager
Docusign Envelope ID: D59A9DC1-A8B7-461F-BF7A-5F2B39EE40E6
