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Valley Rally -Vail Veterans Avon Facilities Rental Agreement Avon Recreation Center Facility Rental Agreement 1.0 PARTIES. The parties to this agreement (“Agreement”) are the Town of Avon, Colorado, a Colorado home rule municipality (“Town”) and Vail Veterans Foundation, Inc. (“Renter”). This Agreement is effective upon execution by the Renter and following execution by the Recreation Director on the date indicated below. 2.0 FACILITY USE. The Town hereby rents to Renter the use of the Town of Avon Outdoor Pickleball Courts (Courts1, 2, 3, 4, 5 and 6) located at 850 West Beaver Creek Blvd, Avon, CO (“Facility”) for the purposes of in accordance with the following schedule: Saturday, August 5, 2023, from 8:30am -3:00pm. 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 August 5, 2023, at 8:30am and shall expire on August 5, 2023 at 3:00pm. 4.0 PAYMENT. Rental fees are waived, and space is provided in kind at no cost. 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 DocuSign Envelope ID: D3824659-9AA3-4E59-AE29-D7A775B5D338 Avon Facilities Rental Agreement 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 Agr eement except as otherwise expressly authorized herein. TOWN OF AVON: By: ________________________________ Attest: ________________________________ Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent Vail Veterans Foundation, Inc. By: _____________________________ Cheryl Jensen DocuSign Envelope ID: D3824659-9AA3-4E59-AE29-D7A775B5D338 06/01/2023 RSC Insurance Brokerage, Inc. 333 W. Wacker Drive Suite 1200 Chicago IL 60606 Diane Walsh dwalsh@risk-strategies.com Vail Veterans Foundation, Inc. P.O. Box 6473 Vail CO 81658 Philadelphia Indemnity Insurance Company 18058 CL22103105986 A Y PHPK2469243 11/11/2022 11/11/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 RE: Pickleball tournament on August 5th. The Town of Avon is included as an additional insured as respects the General Liability. The Town of Avon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY