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06-01-2016 Lease Agreement Vehicles and Equipment storage at the Avon Regional Transportation FacilityLEASE AGREEMENT FOR VEHICLES AND EQUIPMENT STORAGE AT THE AVON REGIONAL TRANSPORTATION FACILITY, 200 SWIFT GULCH ROAD, TOWN OF AVON, COLORADO THIS LEASE AGREEMENT ( "Agreement ") is entered into on June 1, 2016, between the Veil Public Safety Communications Center ( "Lessee "), a Colorado Home Rule municipality, whose address is 75 South Frontage Road West, Vail, Colorado 81657 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 the Lessee to lease vehicles and equipment storage as listed in Attachment A ( "Vehicles and Equipment "), from Avon for storage use at the Avon Regional Transportation Facility, 200 Swift Gulch Road, Avon, Colorado, ( "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 the Lessee and Avon, the Parties do hereby agree as follows: 1. Term. The term ( "Term ") of this Agreement shall be for six (6) months, commencing June 1, 2016 and ending October 31, 2016, unless earlier terminated as hereinafter provided. 2. Lease. Avon agrees to lease the Premises to the Lessee 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 "in kind service" with an assessed fine of $100 per day for vehicle storage beyond October 31, 2016; and b. The utility charges, including water, sewer and natural gas, and electricity will be paid by Avon; and c. A damage deposit of $500.00 is due at the signing of this agreement. 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) Lessee 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. (c) Lessee agrees to immediately notify Avon of any defects or dangerous conditions in and about the Premises of which Lessee becomes aware. Lessee agrees to reimburse Avon, upon demand by Avon, for the cost of repairing any damage to the Premises Avon -Town or Vail Vehicle and )equipment Storage Lease April _, 2016 Page 1 of caused by acts or omissions of Lessee. 5. Access. Avon shall provide an access code or key to Marc Wentworth, James Hubbard, and Amber Droegemeier as the only designated representatives of Lessee, who may have access to the Vehicle and Equipment storage space at any time for vehicle maintenance and emergency response. Any other Lessee personnel, who may require access to the Vehicle and Equipment storage space, shall first receive prior approval by providing the Transit 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 Lessee 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. Lessee 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 Lessee, the Avon may terminate this Agreement immediately upon providing written notice of termination to Lessee. 8. Liability and Indemnification. Lessee, 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 Lessee or by any officer or employee thereof. Lessee 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, Iiens, demands, action and causes of action whatsoever, arising out of or related to Lessee'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, Lessee, 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 cant' valid insurance for any individuals and property that are involved in use of the Premises. Avon is not liable for damage to Lessee 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 -Town of Vail Vehicle and Equipment Storage Lease April _, 2016 Page 2 or4 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: Transit Director One Lake Street F.O. Box 975 Avon, CO 81620 Ph.: 970- 748 -4120 E -Mail: jburden @avon.org To Town of Vail: Town of Vail — Vail Public Safety Communications Attn: Marc Wentworth Physical Address P.O. Box 75 South Frontage Road West Vail, CO. 8I657 Ph.: (970)479 -2231 E -Mail: mwentworth @vailgov.com 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 Lessee. 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. ll Signature Page Folloits 1P' Avon -Town or Vail Vehicle and Equipment Storage Lease April 2016 Page 3 of IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. TOWN OF AVON ATTEST: TOWN OF VAIL Avon-Town of Vail Vehicle and Equipment Storage Lease April _, 2016 Page 4 of 4 By: 2 - Virginia C. Egger o 1 Manager Date: APPROVED AS TO FORM: TOWN OF VAIL, By and Through Its Interim Communications Center Director By: 12 arc Wenmorth Date: 1101/0.