25.05.01 MA Nikohl Miller Chair Massage Avon Recreation Department Facility Use Agreement Nikohl Miller | May 2025 – December 2025
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Avon Recreation Department
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 Nikohl Miller (“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 Lobby at the Avon Recreation
Center, located at 90 Lake Street, Avon, CO (“Facility”) for the purposes of conducting and
Massage Chair appointments:
Eagle County Seniors from 11:30 A.M-12:30 P.M on the following Mondays:
• May 12, 2025
• May 26, 2025
• June 9, 2025
• June 30, 2025
• July 1,2025
• July 21, 2025
• August 11, 2025
• September 1, 2025
• September 15, 2025
Three (3) Town of Avon Staff wellness – dates and times to be determined.
Renter can use the lobby area two nights a week with the use fee waived between the hours
of 4:00 P.M- 8:00 P.M. The desired nights each week must be confirmed by the Recreation
Services Supervisor.
Any other dates and times, or changes to 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 May 1, 2025 and shall expire on December 31, 2025.
4.0 PAYMENT. Facility use payment is waived. If other types of facility use are added to this
agreement, the payment will be subject to change.
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.
Avon Recreation Department Facility Use Agreement Nikohl Miller | May 2025 – December 2025
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6.0 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.
7.0 ADDITIONAL REQUIREMENTS.
7.1. User has inspected the Facility and accepts the Facility in such condition at the commencement of
the Agreement.
7.2. User 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 User’s actions and conduct
and/or any other reasonable purpose.
7.4. 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 facility’s rules.
8.0 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.
9.0 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.
10.0 ASSIGNMENT. This Agreement shall not be assigned by the User and any assignment without
the prior written consent of the Town shall be void.
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
Avon Recreation Department Facility Use Agreement Nikohl Miller | May 2025 – December 2025
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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 binding only if evidenced in writing signed by each
party or an authorized representative of each party.
TOWN OF AVON:
By: ________________________________ By: _______________________________________
Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent
NIKOHL MILLER:
By: _____________________________
Nikohl Miller
Michael Labagh (May 5, 2025 09:40 MDT)
Michael Labagh
Jerrica Miller (May 5, 2025 09:49 MDT)
Jerrica Miller
Nikohl Miller (May 8, 2025 21:08 MDT)
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