10-15-2016 Lease Agreement for Vehicles and Equipment Storage at the ARTF, 200 Swift Gulch RoadLEASE 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 October 15, 2016, between the
Eagle River Water and Sanitation District ( "Lessee "), whose address is 845 Forest Road, 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 seven (7) months, commencing
October 1, 2016 and ending April 30, 2017, 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 Four Hundred Seventy One Dollars ($471.00) assessed monthly for
the storage of one (1) thirty two (32) foot vehicle; 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) 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
caused by acts or omissions of Lessee.
Avon -Town of Vail Vehicle and Equipment Storage Lease
September _, 2016
Page 1 of 4
5. Access. Avon shall provide an access code or key to Glen Phelps as the only designated
representative 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.
S. 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, liens, 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 carry 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. Relationshila 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 ImmunittV. 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
Avon -Town of Vail Vehicle and Equipment Storage Lease
September , 2016
Page 2 of 4
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
P.O. Box 975
Avon, CO 81620
Ph.: 970 - 748 -4120
E -Mail: jburden @avon.org
To Eagle River: Eagle River Water and Sanitation
Attn: Linn Brooks
Physical.4ddress
845 Forest Road
Vail, CO. 81657
Ph.: (970)476 -7480
E -Mail : lbrooks@erwsd.org
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.
//Signature Page Follows //
Avon -Town of Vail Vehicle and Equipment Storage Lease
September _, 2016
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:
EAGLE RIVER WATER and SANITATION
Avon -Town of Vail Vehicle and Equipment Storage Lease
September _ , 2016
Page 4 of 4
By: _2� —
Virginia C. Ea g r, Town M
Date: 14-17. 16
APPROVED AS TO FORM;
,dII"r •
Eaglq River Water and Sanitation, By and
T 6itLM a;er
Name
Date: \O . t '? . t 4