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21.07.06 FRA Andy Potts Racing Avon Recreation Center A\/' Facility Rental Agreement COLORADO 1.0 PARTIES. The parties to this agreement ("Agreement") are the Town of Avon, Colorado, a Colorado home rule municipality ("Town") and AP Racing ("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. 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 in accordance with the following schedule: July 11, 2021, 4:00pm-5:00pm MST, 4 lanes July 13, 2021, 6:30am-7:30am MST, 4 lanes Any other dates and times for facility rental must be submitted in writing to the Recreation Department two weeks prior to desired use. 3.0 TERM. This Agreement shall commence on July 2, 2021 and shall expire on July 1, 2022. 4.0 PAYMENT. Rental payment shall be $15 per lane per hour. An invoice will be sent to AP Racing and payment will be due within 30 days of receipt. 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. Avon Facilities Rental Agreement AP Racing I July 2021—June 2022 Page 1 of 2 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 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: Eric Heil, Town Manager Brenda Torres, Town Clerk AP RACING: By: Z7ai J th4;T Avon Facilities Rental Agreement AP Racing I July 2021—June 2022 Page 2 of 2 DATE(MM/DD/YYYY) ARLP® CERTIFICATE OF LIABILITY INSURANCE 07/05/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hiscox Inc. PHONE (888)202-3007 FAX (A/C.No,Ext): (NC,No): 520 Madison Avenue ADDRESS: contact@hiscox.com 32nd Floor New York,NY 10022 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: Andy Potts Racing 884 Black Arrow Dr INSURER C: Colorado Springs,CO 80907 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IADDL NSD SUBR WVD POLICY NUMBER WPOLICY EFF POLICY EXP LIMITS (MM/DD/YY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE RENTE CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y UDC-1986628-CGL-21 05/26/2021 05/26/2022 PERSONAL BADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY PECOT- LOC PRODUCTS-COMP/OP AGG $ S/T Gen.Agg OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Reserve and use swim lanes at the aquatic facility for swim practice. CERTIFICATE HOLDER CANCELLATION Town of Avon 100 Mikaela Way,P.O.Box 975 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Avon CO 81620 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD