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25.03.05 MA Vail Club 50 Avon Recreation Department Facility Rental Agreement Vail Club 50 June – December 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 Vail Club 50 (“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 (Courts 1, 2 and 3) located at 850 West Beaver Creek Blvd, Avon, CO (“Facility) for the purposes of a pickleball court rental. o Vail Club 50 has confirmed two (2) court uses for Tuesday, June 10- September 30, 2025, 7:30 – 8:45 a.m. o Vail Club 50 has confirmed three (3) court uses for Thursday, June 10 - September 30, 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 June 1, 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 Vail Club 50 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 Vail Club 50 June – December 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 facility’s 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 an y 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 Agreement 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 bind ing only if evidenced in writing signed by each party or an authorized representative of each party. Avon Recreation Department Facility Rental Agreement Vail Club 50 June – December 2025 Page 3 of 3 TOWN OF AVON: By: ________________________________ By: _______________________________________ Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent VAIL CLUB 50: By: _____________________________ Alan Solow, Vail Club 50 President Michael Labagh (Feb 26, 2025 11:15 MST) Michael Labagh Jerrica Miller (Feb 26, 2025 12:31 MST) Jerrica Miller Alan Solow (Mar 5, 2025 16:47 PST) 1001486 2005 155279 205 01-19-2023 INSR LTR TYPE OF INSURANCE ADD INSD SUB WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY)POLICY EXP (MM/DD/YYYY)LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: Y N 96-CC-N308-7 09/01/2024 09/01/2025 EACH OCCURRENCE 2,000,000$ DAMAGE TO RENTED PREMISES (Ea occurrence)1,000,000$ MED EXP (Any one person)5,000$ PERSONAL & ADV INJURY 2,000,000$ GENERAL AGGREGATE 4,000,000$ PRODUCTS - COMP/OP AGG 4,000,000$ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOSHIRED AUTOS ONLY NON-OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident)$ BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION AUTHORIZED REPRESENTATIVE 02/26/2025This form was system-generated on . E-MAIL ADDRESS:cathy.thompson.coq1@statefarm.com CONTACT NAME:Cathy Thompson PHONE (A/C, No, Ext):970-926-1600 FAX (A/C, No): INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :State Farm Fire and Casualty Company 25143 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : PRODUCER INSURED Cathy Thompson 27 Main Street Suite 108 Edwards CO 816328111 VAIL CLUB 50 PO BOX 6016 AVON CO 816206016 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. 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. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/26/2025 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER TOWN OF AVON PO BOX 975 AVON CO 81620-0975 The ACORD name and logo are registered marks of ACORD