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Facility Use AgreementSHOULD 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 1/4/2024 Arthur J.Gallagher Risk Management Services,LLC 6300 South Syracuse Way Suite 700 Centennial CO 80111 Nathan Kathol 303-889-2532 Nathan_Kathol@ajg.com Travelers Indemnity Company 25658 EAGLCOU-04 Eagle County,Colorado P.O.Box 850 500 Broadway Eagle CO 81631 630239425 A X 1,000,000 X 300,000 Excluded 1,000,000 1,000,000 X ZLP91N37268 1/1/2024 1/1/2025 1,000,000 RE:Use of Avon Recreation Center for older adult specific programming in partnership with Eagle County Healthy Aging on Mondays.Certificate Holder is an Additional Insured as respects General Liability policy,pursuant to and subject to the policy's terms,definitions,conditions and exclusions. Avon Recreation Center Town of Avon PO Box 975 Avon,CO 81620 USA Avon Facility Use Agreement Eagle County Healthy Aging | January 2024 – December 2024 Page 1 of 2 Avon Recreation Center Facility Use Agreement 1.0 PARTIES. The parties to this agreement (“Agreement”) are the Town of Avon, Colorado, a Colorado home rule municipality (“Town”) and Eagle County, Colorado a body corporate and politic (“User”). This Agreement is effective upon execution by the User and following execution by the Recreation Director on the date indicated below. 2.0 FACILITY USE. The Town hereby allows the User the use of the West Studio Room at the Avon Recreation Center, located at 90 Lake Street, Avon, CO (“Facility”) for the purposes of conducting and participating in Senior programming in accordance with the following schedule: Mondays, Move It Class 10:30am-11:30am and Tuesdays, Shallow Water Aquatone Class 11:00am- 12:00pm Any other dates and times, or changes for the facility use agreement must be submitted in writing to the Recreation Department two weeks prior to desired use. 3.0 TERM. This Agreement shall commence on January 2, 2024 and shall expire on December 31, 2024. 4.0 PAYMENT. Facility use payment will be $35.00 per week for the Move It and Shallow Water Aquatone Classes which will be taught by Town of Avon Recreation Department employees . If other types of facility use are added to this agreement, the payment will be subject to change. An invoice will be sent monthly to Eagle County Healthy Aging and payment will be due within 30 days of receipt. 5.0 INSURANCE. User 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. User 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. User has inspected the Facility and accepts the Facility in such condition at the commencement of the Agreement. 6.2. User shall immediately report to the Town an y observed hazards, dangerous conditions or other conditions that may pose a risk of personal injury. DocuSign Envelope ID: 40DDAD3B-8C54-4173-80C7-284F060B89A1 Avon Facility Use Agreement Eagle County Healthy Aging | January 2024 – December 2024 Page 2 of 2 6.3. Town reserves right to enter, at any time, to ente r the Facility to review User’s actions and conduct and/or any other reasonable purpose. 6.4. User 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, User 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 User at least seven (7) days prior to the effective date of termination or may terminate this Agreement immediately upon delivery of written notice if User fails to comply with or perform any term or condition of this Agreement. 9.0 ASSIGNMENT. This Agreement shall not be assigned by the User 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 assign s; 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: ________________________________ By: _______________________________________ Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: _____________________________ Jeff Shroll, County Manager DocuSign Envelope ID: 40DDAD3B-8C54-4173-80C7-284F060B89A1