02-19-2016 U.S. Bank Parking License Agreement(Avon, Colorado]
PARKING LICENSE AGREEMENT
This Parking License Agreement (tile '*Agreement") is entered into this Vqtday of
February —, 2016, between U.S. BANK NATIONAL ASSOCIA] ION ("U.S. Bank")
and the Town or Avon ("Licensee").
WHEREAS, Licensee wishes to obtain a license for the use of up to twenty (20) parking
spaces in the parking lot located at 15 East Benchmark Road, Avon.. Colorado (the
"Parking Lot") as further set forth herein.
NOW THEREFORE, in consideration of the mutual covenants contained herein the
parties hereto agree as follows:
I Tcrrn of Agreement. This agreement shall commence on January 1, 2016, and shall
expire on December 31, 2016, and may be terminated by either party at any time
provided, however, that the terminating party provides the other party with at least
thirty (30) days advance written notice.
Premises. Subject to the terms, covenants and conditions contained herein, U.S.
Bank grants to Licensee the right to use, in common with others, up to seventeen
(17) parking spaces in the Parking Lot as identified on the attached JLL_xhibit A, as
well as reasonable access over and across the Parking Lot to access the parking
spaces (collectively, the "Premises"), Three (3) spaces, as shown on the attached
Exhibit A, will remain dedicated to U.S. Bank.
3. Ilse of Premises. 'Flie Premises shall be used by Licensee only upon request and
solely for the parking of automobiles (including cars, trucks, box trucks, trailers
and/or semi's), for vehicular and pedestrian ingress and egress to the parking
spaces, acid for no other purpose. Such permitted use shall be limited to the hours
of 6:00 P.M. through 11:59 P.M. Monday through Friday, from 12:00 P.M. through
11 :59 P.M. on Saturdays, and firom 7:00 AM. To 11:59 P.M. on Sundays. Licensee
may request the use of the Premises for use by attendees of events sponsored and
hosted bv Licensee. U.S. Bank does not guarantee the availability of the Premises
for any such use. Licensee may request in writing the use of the parking for these
times on at least two weeks prior notice. Licensor shall grant such use at its sole
discretion and that such use shall be subject to all of the terms of the License, and
anv other such conditions that U.S. Bank shall reasonably impose
4. License Payments. Licensee shall pay U.S. Bank a license fee equal to $N/A per
stall, per month for a monthly total of $N1A, which shall be payable oil the first day
of each month during the term of this Agreement, in advance, in lawful motley of
the United States. without demand, reduction or offset to U.S. Bank Corporate
Properties at SDS 12- 1716,1'.0. Box 86, Minneapolis, MN 55486-1716.
(Avon, Coloradol
Non - assignment. Licensee's interest herein shall not be assigned, transferred, or
granted to any other party. The foregoing notwithstanding, some events may be
coordinated through the License by a third party. Any third party use shall be
bound to all terns and conditions contained herein.
Default. In addition to the termination rights provided herein, U.S. Bank may
immediately terminate this Agreement without notice in the event that Licensee
defaults on any terms or conditions of the Agreement. In the event Licensee
defaults on any terms or condition of this Agreement, U.S. Bank may physically
remove any persons, personal property and/or vehicles of Licensee, its employees,
customers or guests remaining on the Premises. Said removal shall be at the
expense of Licensee.
7. Alterations; Clean -up. Licensee shall not alter, improve, or in any way change or
modify the contour or appearance of the Premises. Licensee is responsible for
security and clean up related to its use of the Premises, including providing trash
receptacles during the any use and walking the Premises after each use in order to
remove and trash. Any damage done to the Premises during any use of the
Premises by Licensee or its employees shall be repaired at Licensee's sole cost and
expense to its original condition or, if necessary, replaced.
8. Hazardous Substance. Licensee shall not place, generate, use or dispose of any
Hazardous Substances (defined below) at or upon the Premises or Parking Lot and
shall undertake reasonable precautions and actions to insure that no one using the
Premises within its authority places, generates, uses or disposes of any Hazardous
Substances at or upon the Premises or Parking Lot. Licensee will indemnify and
hold U.S. Bank hannless from and against any costs (including reasonable legal
costs) arising in connection with the existence of Hazardous Substances that arise
out of Licensee's use of the Premises and Parking Lot (whether or not such
materials or substances were Hazardous Substances at the time they were brought
upon the Premises). The term "Hazardous Substances" includes any substance
considered hazardous or toxic under any law or regulation now or hereafter brought
into force by any governmental authority having jurisdiction over the Premises.
This indemnity shall survive the expiration or other termination of this Agreement.
Indemnity. Licensee agrees to indemnify U.S. Bank and hold U.S. Bank harmless
from and against any losses, damages or claims, including attorney fees and costs
incurred by U.S. Bank for any breach of this Agreement or damage to the Premises
arising out of the use of the Premises by Licensee, its customers, invitees,
employees, contractors or agents. The terms of this Section 9 shall survive the
termination of this Agreement.
10. LigE t . At all times during the term of this Agreement, Licensee shall maintain at
its own cost and expense, a policy of commercial general liability insurance,
including contractual liability covering its obligations under this Agreement, with a
minimum coverage of $1,000,000 per occurrence and not less than $2,000,000
[Avon, Colorado)
annual aggregate as to the Premises. The policy shall name U.S. Bank as an
additional insured. Such insurance shall be purchased from an insurance company
licensed to do business in Colorado, with an A.M. Best rating of not less than A -X,
and shall be placed with such company and upon such forms as U.S. Bank shall
reasonably approve. Licensee shall promptly provide U.S. Bank with a certificate
of insurance as evidence of the above insurance, which shall provide that the insurer
will give U.S. Bank at least thirty (30) days written notice prior to any cancellation,
non - renewal or material change in coverage.
11. U.S. Bank Not Responsible. U.S. Bank shall not be liable for any losses, damages
or claims of Licensee, or its customers, invitees, employees, contractors or agents of
Licensee arising out of the use of the above licenses or the use of the Premises.
This Agreement shall not constitute a bailment nor shall it create the relationship of
bailor and bailee. U.S. Bank shall have the right to post notices of non -
responsibility on and about the Premises. Licensee shall reimburse U.S. Bank for
the costs of such notices and their installation (and, when appropriate, their
removal) within ten (10) days after receiving U.S. Bank's invoice).
12. 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 Licensee, its officials, employees, contractors, or
agents, or any other person acting on behalf of the Licensee 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.
13. Notices. Any notice or demand permitted or required hereunder shall be deemed
given or made if it is deposited in the United States mails certified, return receipt
requested, postage prepaid, addressed as follows or sent via facsimile followed by
mailed notice:
If to U.S. Bank: U.S. Bank National Association
2555 S Colorado Blvd
Denver, CO 80222
Attn: Chris Coufal
1 f to Licensee: Town of yori
r1 � oZd
Attn: -f
[Remainder of page intentionally left blank. Signature page follows.]
[Avon, Colorado]
U.S. Bank and Licensee have executed this Agreement as of the date identified above.
U.S. BANK NATIONAL ASSOCIATION
By:
Its:
TOWN OF AVON