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01-30-2015 Ramblin Express Bus Wash Agreement Per 2015 WASCBUS WASH AGREEMENT This Bus Wash Agreement ( "Agreement ") for access to the Town's bus wash facility is entered into by and between Town of Avon ( "Avon "), a Colorado home rule municipal corporation, and Ramblin Express, Inc., ( "Licensee ") on JAM 30-4t , 2015 (individually referred to as "Party" and collectively referred to as "Parties "). For good and valuable consideration and mutual promises, the sufficiency of which is acknowledged, the Parties agree as follows: 1. Services. During the term of this Agreement, Avon agrees to provide access to Avon's wash bay at the Avon Transportation Operation Facility located at 500 Swift Gulch Road, Avon, Colorado ( "Premises ") according to the following terms: (a) Licensee shall have non - exclusive access during the World Alpine Ski Championship from February 2, 2015 through February 15, 2015. (b) Automatic wash bay services are available for a maximum of ten buses per day during the hours of 1:30 p.m. to 5:30 a.m. Licensee shall be charged $47.00 per wash per vehicle. (c) An access card for the wash bay premises will be issued to Licensee staff member Rick Dauria for the exclusive use of Rick Dauria. This access card will track the number of bus washes incurred by Licensee during the time frame specified in Section 1(a). 2. Limits on Use. No other services by Avon are included other than those explicitly listed in this Agreement. Other uses of the Premises are not permitted without Avon's written consent and will be considered a breach of this Agreement. The following additional limitations on use apply: (a) Avon does not warrant or represent that Premises is secure. (b) Licensee accepts all risk for condition of the Premises as is. (c) All vehicles washed on the Premises included under this Agreement must be in full running order. Avon reserves the right to remove from the Premises at Licensee's cost any vehicle of Licensee on the Premises or any portion of the Avon Transportation Operation Facility that will not start run and move on its own. (d) Licensee agrees to keep the Premises clean, sanitary, and in good condition and, upon termination of the Agreement, vacate the Premises to Avon in a condition identical to that which existed when the Licensee initiated site use. (e) Licensee agrees to immediately notify Avon of any defects or dangerous conditions in and about the Premises of which Licensee becomes aware. (f) Licensee agrees to reimburse Avon, on demand by Avon, for the cost of any repairs to the Premises damaged by Licensee through misuse, neglect or recklessness. 3. Facilities. Avon represents that its facilities are adequately equipped to offer said services. Billing for Services. Licensee shall provide a down payment of $1,175.00 upon execution of this Agreement and shall provide the balance of the amount due for bus wash services by February 28, 2015. 5. Term and Termination. This Agreement commences on February 2, 2015 and automatically Town of Avon - Rambling Express, Inc. Bus Wash Agreement Page 1 of 2 terminates on February 15, 2015. Licensee is responsible to have all of Licensee's vehicles removed from the site upon termination of this Agreement. In the event of breach of this Agreement by Licensee, the Avon may terminate this Agreement immediately upon providing written notice to Licensee. 6. Indemnification. To the fullest extent permitted by law, Licensee shall indemnify, defend and hold harmless Avon, 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 the performance of this Agreement, provided that any such claim, damage, loss or expense is caused by any negligent act or omission of Licensee, anyone directly or indirectly employed by Licensee or anyone for whose acts Licensee may be liable, except to the extent any portion is caused by the willful or wanton acts of Avon. 7. Insurance. At all times while the Licensee is using the Premises, Licensee shall maintain commercial general liability coverage providing bodily injury and 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 Avon. Prior to entering the Premises, Licensee shall cause Avon to be named as an additional insured and shall provide Avon with evidence, acceptable to Avon, that the required insurance is in full force and effect. 8. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 9. Limitation of Damages. The parties agree that Licensee's remedies for any claims asserted against the Avon shall be limited to proven direct damages and that Avon shall not be liable for indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits. TOWN OF AVON BY: G" DATE: ATTEST: Virginia Egger, L n anager Debbie Hoppe, Town Clerk RAMBLIN EXPRESS, INC. General Manager Town of Avon - Rambling Express, Inc. Bus Wash Agreement Page 2 of 2 Ire at RAMBL -1 OP ID: JA CERTIFICATE OF LIABILITY INSURANCE 1 DATE 02103DNYYY) 02/03/15 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 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). PRODUCER Phone: 818- 246 -2800 TIB Transportation Ins Brokers Fax: 818 - 246 -4690 425 West Broadway, Suite 400 Glendale, CA 91204 NAME: Janette Monti PHONE 8 FAX A10 No Ext : 18- 246 -2800 (A/C No ; 818- 246 3690 ADDRE SS: jmonti tibinsurance.com INSURER(S) AFFORDING COVERAGE NAIC N INSURERA: Protective Insurance Company 12416 INSURED Ramblin' Express, Inc. 3465Astrozon Place Colorado Springs, CO 80910 -1028 INSURER B: INSURER C: INSURER D: INSURER E: $ 5,000,000 INSURER F X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBFR- 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WV POLICY NUMBER POLICY EF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X TDD00061 02/01/14 07/01/15 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,000 $10,000 DEDUCT. PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS- COMPIOP AGG $ 1,000,000 X POLICY PRO - J CT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) 5,000,000 BODILY INJURY (Per person) $ A X ANY AUTO X TD000061 02/01/14 07/01/15 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $10,000 DEDUCT. $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANT' PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? N I A RY IMIT R E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED. 0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Avon ACCORDANCE WITH THE POLICY PROVISIONS. Officers, employees and Agents Attn: Jane Burden AUTHORIZED REPRESENTATIVE P O Box 975 lkc_ Avon CO 81620 © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD