07-21-2016 Lease Agreement Backporch Productions, LLCLEASE AGREEMENT
FOR TOWN OWNED EQUIPMENT
TO BE USED BY BACKPORCH PRODUCTIONS, LLC
AT THE AVON PERFORMANCE PAVILION
TOWN OF AVON, CO
,7,1
THIS LEASE AGREEMENT ( "Agreement ") is entered into on July 1,5 2016, between
Backporch Productions, LLC ("Lessee "), doing business as a Texas Limited Liability Company
with its principal offices at 4318 La Hacienda Drive, Abilene, TX 79602 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 Backporch Productions, LLC to operate
the following Equipment: One (1) Lift Truck (Model 1999 International) and One (1) Genie
(Model GS -3246) (`Equipment ") and owned by the Lessor.
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
Backporch Productions, LLC and the Town of Avon, the Parties do hereby agree as follows:
1. Term. The term (`Term ") of this Agreement shall be for four (4) consecutive days,
commencing July 28, 2016 at 8:00 a.m. and ending July 31, 2016 at 5:00 p.m., unless earlier
terminated as hereinafter provided.
2. Lease. Avon agrees to lease the Equipment to Backporch Productions, LLC for the
purpose of installing truss, sound, and lighting Equipment on the Avon Performance Pavilion
and 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 delivery, training and removal of Equipment will be provided by Avon.
4. Limits on Use. No other services by Avon are included other than those explicitly listed
herein. Other uses of the Equipment 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) Backporch Productions, LLC agrees that use of the Equipment is "at your own risk ".
(b) Avon will provide training on the Equipment to each operator to include general use
of all controls and visual inspection, safety including use of harness, bucket operation
during arm extension and retraction, and best practices. After Avon training is
complete, Avon will require each operator participate in a practical training of the
Equipment.
(c) Backporch Productions, LLC agrees that only those operators trained by Avon will
operate the Equipment and the operator of Equipment will comply with the training
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July 15, 2016
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provided by Avon.
(d) Backporch Productions, LLC agrees that the Equipment will only be driven by
trained operators between the Avon Performance Pavilion and the Town Hall West
parking lot and not on public streets.
(e) Backporch Productions, LLC agrees that the trained operators of the Equipment will
have a Class B CDL if driving on public streets.
(f) Backporch Productions, LLC agrees that the trained operators of the Equipment will
have a heavy equipment and /or SPRAT certification.
5. Maintenance. Avon agrees that the Equipment is fully functional and up to date on
maintenance and inspections. Backporch Productions, LLC agrees to immediately notify
Avon of any defects or damages to the Equipment of which Backporch Productions, LLC
becomes aware.
6. Facilities. Avon represents that the Equipment is capable of the use described in Section
2 above.
7. Termination. Backporch Productions, LLC 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 Backporch Productions, LLC,
the Avon may terminate this Agreement immediately upon providing written notice of
termination to Backporch Productions, LLC.
8. Liability and Indemnification. Backporch Productions, LLC, 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 Backporch Productions, LLC or by any officer or employee thereof. Backporch
Productions, LLC 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 Backporch Productions, LLC 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, Backporch Productions, LLC, 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. Backporch Productions, LLC must carry valid insurance for any individuals
and property that are involved in use of the Equipment. Backporch Productions, LLC is liable
for damage to Avon owned property while using the Equipment and the Equipment itself,
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. Backporch
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July 15, 2016
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Productions, LLC must 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
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 Avon Elementary School: Backporch Productions, LLC
Attn: Mark Powell
4318 La Hacienda Drive
Abilene, TX 79602
Ph.: (325) 660 -8458
E -Mail: mark @backporchftexas.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 Backporch
Productions, LLC. 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 //
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and
year first above written.
TOWN OF AVON
By:
Virginia Egg 'r, wn Manager
Date: July 1 6
NS LLC, By and Through Its Owner /Founder
Date: ' " 21-- /4'
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