01-01-2016 Rec Center Facility Agreement Vail Hurricanes Swim SchoolAvon Recreation Center
Avon Facility Agreement
Rental 9
C O L O R A D O
1.0 PARTIES. The parties to this agreement ( "Agreement ") are the Town of Avon, Colorado, a
Colorado home rule municipality ( "Town ") and Vail Hurricanes Swim School, LLC. ('Renter "), This
Agreement is effective upon execution by the Renter and following execution by the Town Manager
on the date indicated below.
2.0 FACILITY USE AND SCOPE OF WORK PERFORMED. The Town hereby rents to Renter the use
of the lap pool at the Avon Recreation Center, located at 90 Lake Street, Avon, CO ( "Facility ") for
the purposes of conducting swim lessons and training for the USA swim team, Renter shall provide
the scope of work as shown in Attachment A.
3.0 TERM. This Agreement shall commence on January 1, 2016 and shall expire on October 31,
2016.
4.0 PAYMENT. Rental payment shall be $800 per month.
5.0 INSURANCE. Renter shall maintain commercial general liability coverage providing primary bodily
injury and primary 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 Town. Renter shall cause Town to be
named as an additional insured and shall provide Town with evidence, acceptable to Town, that
the required insurance is in full force and effect.
6.0 ADDITIONAL REQUIREMENTS.
6.1. Renter had inspected the Facility and accepts the Facility in such condition at the commencement
of the Agreement.
6.2. Renter shall immediately report to the Town any observed hazards, dangerous conditions or other
conditions that may pose a risk of personal injury.
6.3. Town reserves right to enter, at any time, to enter the Facility to review Renter's actions and
conduct and /or any other reasonable purpose.
6.4. Renter shall be responsible for the conduct and control of participant; to ensure that all Federal,
State, County, Municipal and other applicable regulations are followed; and to ensure that
participants understand the pools rules.
7.0 INDEMNITY: To the fullest extent permitted by law, Renter shall indemnify, defend and hold
harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from
and against all claims, damages, losses and expenses, including but not limited to reasonable
Avon Facilities Rental Agreement
Vail Swim School, LLC — January 1, 2016
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attorney's fees, arising out of this Agreement or related to the activities permitted in this
Agreement.
8.0 TOWN UNILATERAL TERMINATION. Town may terminate this Agreement without cause upon
delivery of written notice to the Renter at least seven (7) days prior to the effective date of
termination or may terminate this Agreement immediately upon delivery of written notice if Renter
fails to comply with or perform any term or condition of this Agreement.
9.0 ASSIGNMENT. This Agreement shall not be assigned by the Renter and any assignment without
the prior written consent of the Town shall be void.
10.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of
Colorado and venue for any action arising under this agreement shall be in the appropriate court
for Eagle County, Colorado.
11.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either party.
12.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties,
their respective legal representatives, successors, heirs, and assigns; provided, however, that
nothing in this paragraph shall be construed to permit the assignment of this Agreement except as
otherwise expressly authorized herein.
TOWN OF AVON:
By: Attest: 0. 121 I&D �L- n p:)
Virginia Egg r, Manager Debbie Hoppe, Tow lerk
Renter:
Vail Hurricanes wim School, LLC
Theresa Scala,LOwner
P.O. Box 1359 Phone: 970 - 376 -1074
Avon, CO 81620
Avon Facilities Rental Agreement
Vail Swim School, LLC — January 1, 2016
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