25.01.16 MA Eagle River Water & Sanitation District
Avon Recreation Department Facility Rental Agreement
Eagle River Water & Sanitation District 2025
Page 1 of 3
Avon Recreation Department
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 Eagle River Water & Sanitation District (“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 Indoor Pickleball
Courts (Courts 1, 2 and 3) located at 850 West Beaver Creek Blvd, Avon, CO (“Facility) for the
purposes of a pickleball outing.
Eagle River Water & Sanitation District has confirmed court use for Saturday, January 25, 2025,
3:00 – 5:00 p.m.
Any additional 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 January 25, 2025, and shall expire on December 31,
2025.
4.0 PAYMENT. Rental fees will be $20.00 per court per hour and includes paddles and pickleballs. An
invoice will be sent to Eagle River Water & Sanitation District and payment will be due within 30
days of receipt.
5.0 MAINTENANCE. Town reserves the right to close the Facility for maintenance at its sole
discretion. Town will attempt to give reasonable notice of closure.
6.0 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
canceled 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.
7.0 ADDITIONAL REQUIREMENTS.
7.1. Renter had inspected the Facility and accepts the Facility in such condition at the commencement
of the Agreement.
Avon Recreation Department Facility Rental Agreement
Eagle River Water & Sanitation District 2025
Page 2 of 3
7.2. Renter shall immediately report to the Town any observed hazards, dangerous conditions or other
conditions that may pose a risk of personal injury.
7.3. Town reserves right to enter, at any time, to enter the Facility to review Renter’s action s and
conduct and/or any other reasonable purpose.
7.4. 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.
8.0 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.
9.0 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.
10.0 ASSIGNMENT. This Agreement shall not be assigned by the Renter and any assignment without
the prior written consent of the Town shall be void.
11.0 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.
12.0 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.
13.0 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 Ag reement except as
otherwise expressly authorized herein.
14.0 MODIFICATION. Any modification of this agreement or additional obligation assumed by either
party in connection with this agreement shall be binding only if evidenced in writing signed by each
party or an authorized representative of each party.
Avon Recreation Department Facility Rental Agreement
Eagle River Water & Sanitation District 2025
Page 3 of 3
TOWN OF AVON:
By: ________________________________ By: _______________________________________
Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent
Eagle River Water & Sanitation District:
By: _____________________________
Tracy Rymph: Eagle River Water & Sanitation District People Operations
Michael Labagh (Jan 16, 2025 10:32 MST)
Michael Labagh
Jerrica Miller (Jan 16, 2025 13:14 MST)
Jerrica Miller