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25.08.12 MA EFEC-Avon Elementary Pickleball Avon Recreation Department Facility Rental Agreement Education Foundation of Eagle County | August 2025 – October 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 Education Foundation of Eagle County (“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 4, 5 and 6) located at 850 West Beaver Creek Blvd, Avon, CO (“Facility”) for the purposes of a private event. Current reservation dates: o Renter has confirmed use of courts 4, 5 and 6 for Wednesday, August 13, 2025, 3:30 – 5:30 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 August 12, 2025 and shall expire on October 31, 2025. 4.0 PAYMENT. Rental fees will be waived and include paddles and pickleballs if needed. 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 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. 7.0 ADDITIONAL REQUIREMENTS. 7.1. Renter had inspected the Facility and accepts the Facility in such condition at the commencement of the Agreement. 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. Avon Recreation Department Facility Rental Agreement Education Foundation of Eagle County | August 2025 – October 2025 Page 2 of 3 7.3. 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. 7.4. Renter shall be responsible for the conduct and control of participants; 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 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 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. Avon Recreation Department Facility Rental Agreement Education Foundation of Eagle County | August 2025 – October 2025 Page 3 of 3 TOWN OF AVON: By: ________________________________ By: _______________________________________ Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent EDUCATION FOUNDATION OF EAGLE COUNTY: By: _______________________________________ Wendy Rimel, President and Executive Director Michael Labagh (Aug 12, 2025 19:57:34 MDT)Jerrica Miller (Aug 12, 2025 20:10:31 MDT) Jerrica Miller Wendy Rimel (Aug 20, 2025 11:23:46 MDT) Wendy Rimel EFEC Avon Facility RENTAL Agreement 08.12.2025 Final Audit Report 2025-08-20 Created:2025-08-13 By:Michael Labagh (mlabagh@avon.org) Status:Signed Transaction ID:CBJCHBCAABAAZIcZ67mX0XJQEiDrBv7xnmyfLDihmja2 "EFEC Avon Facility RENTAL Agreement 08.12.2025" History Document created by Michael Labagh (mlabagh@avon.org) 2025-08-13 - 1:56:22 AM GMT Document emailed to Michael Labagh (mlabagh@avon.org) for signature 2025-08-13 - 1:57:21 AM GMT Document e-signed by Michael Labagh (mlabagh@avon.org) Signature Date: 2025-08-13 - 1:57:34 AM GMT - Time Source: server Document emailed to Jerrica Miller (jmiller@avon.org) for signature 2025-08-13 - 1:57:36 AM GMT Email viewed by Jerrica Miller (jmiller@avon.org) 2025-08-13 - 2:09:34 AM GMT Document e-signed by Jerrica Miller (jmiller@avon.org) Signature Date: 2025-08-13 - 2:10:31 AM GMT - Time Source: server Document emailed to Wendy Rimel (wendyr@efec.org) for signature 2025-08-13 - 2:10:33 AM GMT Email viewed by Wendy Rimel (wendyr@efec.org) 2025-08-20 - 5:23:32 PM GMT Document e-signed by Wendy Rimel (wendyr@efec.org) Signature Date: 2025-08-20 - 5:23:46 PM GMT - Time Source: server Agreement completed. 2025-08-20 - 5:23:46 PM GMT 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 SUBRWVDADDLINSD 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 belowIf 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) 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 HIREDAUTOS ONLY National Specialty Insurance Company 22608 A X X 100,000 5,000 https://www.thimble.com/check-policy-status/ (con't on form Acord 101) support@thimble.com COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X OCCUR $ $ $ $ 08/12/2025 Verifly Insurance Services, LLC DBA Thimble Insurance Services 174 West 4th Street, Suite 204 New York, NY 10014 https://support.thimble.com/ THIMBLE https://support.thimble.com/ Education Foundation of Eagle County 1121 Miller Ranch Road, Edwards, CO, 81632 wendyr@efec.org 1,000,000 Y Y 1,000,000 1,000,000 1,000,000 HBL-4KFJPA 08/13/2025 3:00 PM MDT 08/13/2025 6:00 PM MDT Number of Attendees: 50, Type of Event: Racquet Ball effective 08/13/25 03:00 PM MDT to 08/13/25 06:00 PM MDT The Liquor Liability exclusion does not apply to this policy. Town of Avon 850 W Beaver Creek Blvd Avon, CO 81620 Description of Operations (con't) Episodic Coverage (THSN CG 02 03 02 21) for policy number HBL-4KFJPA until 08/13/2026 6:00 PM MDT ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 Education Foundation of Eagle County 1121 Miller Ranch Road, Edwards, CO, 81632 wendyr@efec.org HBL-4KFJPA 08/13/2025 3:00 PM MDT wendyr@efec.org Verifly Insurance Services, LLC DBA Thimble Insurance Services National Specialty Insurance Company 22608 Acord 25 Certificate of Liability Insurance ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 Education Foundation of Eagle County 1121 Miller Ranch Road, Edwards, CO, 81632 wendyr@efec.org HBL-4KFJPA 08/13/2025 3:00 PM MDT wendyr@efec.org Verifly Insurance Services, LLC DBA Thimble Insurance Services National Specialty Insurance Company 22608 Acord 25 Certificate of Liability Insurance Page 1 of 1 THSN IL 20 20 10 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THSN IL 20 20 10 20 © Verifly Insurance Services, Inc. 2020 Includes materials copyrighted by Insurance Services Office, Inc., used with its permission Page 1 of 1 DESIGNATED ADDITIONAL INSURED A.SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for "bodily inju- ry", "property damage", "personal and advertising injury" or “wrongful acts” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional ins ured. B.With respect to the insurance afforded to these additional insureds, the following is added to LIM- ITS OF INSURANCE section of the coverage form If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance shown in the Declarations; whichever is less. C.If this policy is cancelled or nonrenewed for any reason, we will deliver notice of the cancellation or non-renewal to any Designated Person or Organization shown in the SCHEDULE above at the e- mail address shown above. D.This endorsement shall not increase the applicable limits of insurance shown in the De claration All other terms and conditions remain unchanged. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Designated Person or Organization (including its departments and attached agencies, its directors, officers, officials, employees, representatives and agents): E-Mail Address: Any venue(s), lessor(s) or municipality for whom you have agreed in writing in a contract or agreement that such organization(s) be added as an additional insured on your policy. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Any person(s) or organization(s) for whom you have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. HBL-4KFJPA THSN IL 20 20 10 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THSN IL 20 20 10 20 © Verifly Insurance Services, Inc. 2020 Includes materials copyrighted by Insurance Services Office, Inc., used with its permission Page 1 of 2 DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Designated Person or Organization (including its departments and attached agencies, its directors, officers, officials, employees, representatives and agents): E-Mail Address: A.SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for "bodily inju- ry", "property damage", "personal and advertising injury" or “wrongful acts” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. Town of Avon lherron@avon.org THSN IL 20 20 10 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THSN IL 20 20 10 20 © Verifly Insurance Services, Inc. 2020 Includes materials copyrighted by Insurance Services Office, Inc., used with its permission Page 2 of 2 However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to LIM- ITS OF INSURANCE section of the coverage form If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance shown in the Declarations; whichever is less. C.If this policy is cancelled or nonrenewed for any reason, we will deliver notice of the cancellation or non-renewal to any Designated Person or Organization shown in the SCHEDULE above at the e- mail address shown above. D.This endorsement shall not increase the applicable limits of insurance shown in the Declaration All other terms and conditions remain unchanged. COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Town of Avon lherron@avon.org HBL-4KFJPA