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25.09.04 MA Slifer Smith & Frampton Real Estate Avon Recreation Department Facility Rental Agreement Slifer Smith & Frampton Real Estate | September 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 Slifer Smith & Frampton Real Estate (“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) and Tennis Courts (Court 1) 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 Pickleball Courts 4, 5, 6 and Tennis Court 1, for Friday, September 12, 2025, 2:00 – 4:00 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 September 5, 2025 and shall expire on October 31, 2025. 4.0 PAYMENT. Rental fees are $20.00 per court per hour. An invoice will be sent to Slifer Smith and Frampton Real Estate 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 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. Avon Recreation Department Facility Rental Agreement Slifer Smith & Frampton Real Estate | September 2025 – October 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 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 Slifer Smith & Frampton Real Estate | September 2025 – October 2025 Page 3 of 3 TOWN OF AVON: By: ________________________________ By: _______________________________________ Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent SLIFER SMITH & FRAMPTON REAL ESTATE: By: _______________________________________ Lisa Wilkes, Slifer Smith & Frampton Operations Manager Michael Labagh (Sep 5, 2025 10:24:23 MDT)Jerrica Miller (Sep 5, 2025 10:28:47 MDT) Jerrica Miller Lisa Wilkes (Sep 5, 2025 10:30:56 MDT) 25.09.04 Slifer Smith & Frampton Real Estate - Avon Facility RENTAL Agreement - FINAL Final Audit Report 2025-09-05 Created:2025-09-05 By:Jerrica Miller (jmiller@avon.org) Status:Signed Transaction ID:CBJCHBCAABAA8wiwo2w2hF3Wsvchd9CILYlim2ZDszFg "25.09.04 Slifer Smith & Frampton Real Estate - Avon Facility R ENTAL Agreement - FINAL" History Document created by Jerrica Miller (jmiller@avon.org) 2025-09-05 - 4:20:50 PM GMT Document emailed to Michael Labagh (mlabagh@avon.org) for signature 2025-09-05 - 4:22:54 PM GMT Email viewed by Michael Labagh (mlabagh@avon.org) 2025-09-05 - 4:23:40 PM GMT Document e-signed by Michael Labagh (mlabagh@avon.org) Signature Date: 2025-09-05 - 4:24:23 PM GMT - Time Source: server Document emailed to Jerrica Miller (jmiller@avon.org) for signature 2025-09-05 - 4:24:25 PM GMT Document e-signed by Jerrica Miller (jmiller@avon.org) Signature Date: 2025-09-05 - 4:28:47 PM GMT - Time Source: server Document emailed to lwilkes@slifer.net for signature 2025-09-05 - 4:28:48 PM GMT Email viewed by lwilkes@slifer.net 2025-09-05 - 4:29:54 PM GMT Signer lwilkes@slifer.net entered name at signing as Lisa Wilkes 2025-09-05 - 4:30:54 PM GMT Document e-signed by Lisa Wilkes (lwilkes@slifer.net) Signature Date: 2025-09-05 - 4:30:56 PM GMT - Time Source: server Agreement completed. 2025-09-05 - 4:30:56 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 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Willis Towers Watson Midwest, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA East West Partners, LLC P.O. Drawer 2770 Avon, CO 816202770 Town of Avon, its officers and employees is an Additional Insured with respect to General Liability only, where required by written contract with the Named Insured or as their interests may appear. Town of Avon, its officers and employees 11/05/2024 1-877-945-7378 1-888-467-2378 certificates@wtwco.com ACE American Insurance Company 22667 Indemnity Insurance Company of North Ameri ACE Property & Casualty Insurance Company 43575 20699 W36162286 A 1,000,000 1,000,000 0 1,000,000 10,000,000 2,000,000 Y HDO G48923185 11/01/2024 11/01/2025 B 1,000,000 11/01/202511/01/2024 Comp/Coll Ded.$1,000 CAL H10838654 C 10,000,000 25,000 XEU G71835984 005 11/01/2024 11/01/2025 10,000,000 RWC C72626461A 1,000,000No11/01/2024 11/01/2025 1,000,000 1,000,000 369120226711443SR ID:BATCH: WTW Certificate Center Page 1 of 1