09-21-2015 MOU For Vehicle & Equipment Storage at the Annex Building Tract NMEMORANDUM OF UNDERSTANDING
FOR VEHICLE AND EQUIPMENT STORAGE AT ANNEX BUILDING,
TRACT N, TOWN OF AVON, CO
THIS LEASE AGREEMENT ( "Agreement ") is entered into on September 21, , 2015, between
the Vail Salvation Army ( "Lessee "), doing business as a Colorado non - profit, whose address is
P.O. Box 2183, Edwards, Colorado 81632 and the Town of Avon, as Lessor ( "Avon "), a
Colorado Home rule municipality, located at One Lake Street, Avon, Colorado (individually at
"Party" and collectively, the "Parties ").
This Agreement sets forth the terms and conditions for Salvation Army to lease vehicle storage
for a 2008 GMC vehicle, License Plate No. CO 948504J ( "Vehicle "), and equipment storage
space from Avon for storage use at the Annex Building, located at Tract N, Avon, CO
( "Premises ").
In consideration of the mutual promises and covenants herein contained, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Salvation Army and Avon, the Parties do hereby agree as follows:
1. Term. The term ( "Term ") of this Agreement shall be for two (2) years, commencing
September 1, 2015 and ending August 31, 2017, unless earlier terminated as hereinafter
provided.
2. Lease. Avon agrees to lease the Premises to Salvation Army for the Vehicle and
equipment storage subject to the terms and conditions of this Agreement.
3. Lease Payment Amount. During the term of this Agreement the following stipulations
are set forth,
a. Rent shall be $0.00 per month; and
b. The utility charges, including water, sewer and natural gas, and electricity will be
paid by Avon.
4. Limits on Use. No other services by Avon are included other than those explicitly listed
herein. 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) Salvation Army agrees that use of the Premises is "at your own risk".
(b) The Vehicle and equipment storage area shall as designated by Avon in accordance
with this Agreement. Equipment storage shall be limited to two refrigerators and
such other equipment as Avon may approve in writing.
(c) Salvation Army agrees to immediately notify Avon of any defects or dangerous
conditions in and about the Premises of which Salvation Army becomes aware.
Salvation Army agrees to reimburse Avon, upon demand by Avon, for the cost
of repairing any damage to the Premises caused by acts or omissions of Salvation
Army-
Avon-Salvation Army Storage Lease
August 1, 2015
Page 1 of 4
5. Access. Avon shall provide an access code or key to Mr. Dan Smith as the only
designated representative of Salvation Army, who may have access to the Vehicle and equipment
storage space at any time for vehicle maintenance and emergency response. Any other Salvation
Army personnel, who may require access to the Vehicle and equipment storage space, shall first
receive prior approval by providing the Public Works Director no less than twenty -four (24)
hours' notice either by phone or email for approval. The access control is not to deny the needs
of the Salvation Army but rather to recognize that the Town has publically owned equipment and
vehicles in the facility and, as part of the Town's responsibility to the public, access must be
controlled to the facility.
6. Facilities. Avon represents that its facilities are adequately equipped to offer the services
described herein.
7. Termination. Salvation Army or Avon may terminate this Lease Agreement without
cause by providing at least five (5) days prior written notice to the other Party. In the event of
any material breach of this Agreement by Salvation Army, the Avon may terminate this
Agreement immediately upon providing written notice of termination to Salvation Army.
8. Liability and Indemnification. Salvation Army, its officers and employees, shall not be
deemed to assume any liability for intentional or negligent acts, errors, or omissions of Avon or
of any officer or employee thereof. Likewise, Avon, its officers and employees, shall not be
deemed to assume any liability for intentional or negligent acts, errors or omissions of Salvation
Army or by any officer or employee thereof. Salvation Army agrees to indemnify, defend and
hold harmless to the extent allowed by law, Avon, its respective agents, officers, servants and
employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands,
action and causes of action whatsoever, arising out of or related to Salvation Army's intentional
or negligent acts, errors, or omissions or that of its agents, officers, servants, and employees,
whether contractual or otherwise. Likewise, Avon agrees to indemnify, defend and hold
harmless to the extent allowed by law, Salvation Army, its respective agents, officers, servants
and employees of and from any and all loss, costs, damage injury, liability, claims, liens,
demands, action and causes of action whatsoever arising out of or related to Avon's intentional
or negligent acts errors or omissions or that of its agents, officers, servants and employees,
whether contractual or otherwise.
9. Insurance. The Parties must carry valid insurance for any individuals and property that
are involved in use of the Premises. Avon is not liable for damage to Salvation Army owned
property while located on the Premises, including acts of vandalism, theft, or comprehensive
damage of same vehicles, unless such damage or theft is caused by the negligent operation or
management of Avon. The Parties must each carry property damage and general liability
insurance policies, each in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
10. Relationship of the Parties. The relationship between the Parties is that of independent
contractor, and nothing herein shall be deemed or construed as creating a relationship of
principal and agent, partnership, joint venture, or ownership interest in the real property.
11. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to
waive limit, or otherwise modify any governmental immunity that may be available by law to
Avon, its respective officials, employees, contractors, or agents, or any other person acting on
Avon - Salvation Army Storage Lease
August 1, 2015
Page 2 of 4
behalf of Avon, 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.
12. Notice. Any notice, demand, or other communication required or permitted to be given
by any provision of the Lease shall be given in writing, delivered personally or sent by certified
or registered mail, postage prepaid and return receipt requested, or by overnight courier, with
shipping charges prepaid, or given by electronic e-mail provided that e-mail shall not be deemed
delivered until acknowledged by recipient, addresses as follows:
To Avon: Town of Avon
Attn: Town Clerk
One Lake Street
P.O. Box 975
Avon, CO 81620
Ph.: 970 - 748 -4000
E -Mail: dhoppe @avon.org
To Salvation Army: Salvation Army
Attn: Dan Smith
322 E. Beaver Creek Blvd.
P.O. Box
Avon, CO 81620
Ph.: (970) 748 -0704
E -Mail: terry- dan @comcast.net
13. No Third -Party Beneficiaries. Nothing contained in this Agreement is intended to or
shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any
third - party, including any agent, sub - consultant or sub - contractor of Avon or Salvation Army.
Absolutely no third -party beneficiaries are intended by this Agreement. Any third -party
receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
/ /Signature Page Follows //
Avon - Salvation Army Storage Lease
August 1, 2015
Page 3 of 4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and
year first above written.
TOWN OF AVON
ATTEST:
Debbie Hoppe, Town Clefk
SALVATION ARMY
Avon - Salvation Army Storage Lease
August 1, 2015
Page 4 of 4
By: —�
Virginia Egger Tc t n anager
Date: q. z - 30
APPROVED AS TO FORM:
O
By:
Eric J. HeiltjAn Attorney
SALVATION ARMY, By and Through Its
Advisory Board Chairman
a IV 445w""
By:_
Dan Smith
Date: 9/1/2015
SALVARM -01 TAWDEOF
A`"J? CERTIFICATE OF LIABILITY INSURANCE
DATE (M
9/28//201201YYY)
5
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
Willis Insurance Services of California, Inc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 37230 -5191
CONTACT
NAME: Willis Certificate Center
PHONE //877 945 -7378 FAX (888) 467 -2378
Ext :l )
A/C No A/C No
ADDRESS: certificates @willis.com
MM DDY EXP
/YYYY
LIMITS
A
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Lexington Insurance Company
19437
027712409
INSURED
INSURER B:
EACH OCCURRENCE
INSURER C:
The Salvation Army - Division 7
INSURER D:
180 East Ocean Blvd.
Long Beach, CA 90802
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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.
INTR
R
TYPE OF INSURANCE
NSD
WVD
POLICY NUMBER
POLICY EFF
MM DDY EXP
/YYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE FXI OCCUR
027712409
1010112014
10101/2015
EACH OCCURRENCE
$ 2,000,00
PREMISES Ea occurrence)
$ 1,000,00'
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY ❑ JE C LOC
GENERAL AGGREGATE
$ 4,000,001
PRODUCTS - COMP /OP AGG
$ 4,000,00
$
OTHER:
AUTOMOBILE
LIABILITY
ANY AUTO
d
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY (Per person)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY Per accident)
$
HIRED AUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
Per accident
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION $
$
WORKERS COMPENSATION
PER OTH-
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? F—]
NIA
STATUTE ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Division #07 -115
Re: Annex Building, Tract N Avon, CO, 81620
own of Avon is included as an Additional Insured as respects to General Liability where required by written contract.
CERTIFICATE HOLDER CANCELLATION
City of Avon
1 Lake Street
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ 1988 -2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD