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26.01.05 MA Eagle County Healthy Aging- Facility Use Agreement Avon Recreation Department Facility Use Agreement Eagle County Healthy Aging | January 2026 – December 2026 Page 1 of 3 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 Eagle County, Colorado a body corporate and politic (“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 West Studio Room at the Avon Recreation Center, located at 90 Lake Street, Avon, CO (“Facility”) for the purposes of conducting and participating in Older Adult programming in accordance with the following schedule: • Mondays, Move It Class 10:30 a.m. - 11:30 a.m. • Older Adult Field Trips 1x per month from January – December 2026. The Recreation Department will provide van(s) and driver(s) as needed. 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 January 1, 2026 and shall expire on December 31, 2026. 4.0 PAYMENT. Facility use payment will be $35.00 per week for the Move It Class which will be taught by Town of Avon Recreation Department employees . Program payment shall be $12 per person per trip for Older Adult Field Trips. If other types of facility use are added to this agreement, the payment will be subject to change. An invoice will be sent monthly to Eagle County Healthy Aging 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. 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. Avon Recreation Department Facility Use Agreement Eagle County Healthy Aging | January 2026 – December 2026 Page 2 of 3 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 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 Use Agreement Eagle County Healthy Aging | January 2026 – December 2026 Page 3 of 3 TOWN OF AVON: By: ________________________________ By: _______________________________________ Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent COUNTY OF EAGLE, STATE OF COLORADO: By: _____________________________ Jeff Shroll, County Manager Michael Labagh (Dec 18, 2025 09:37:03 MST)Jerrica Miller (Jan 5, 2026 15:49:03 MST) Jerrica Miller Jeff Shroll (Jan 5, 2026 16:13:30 MST) Jeff Shroll 2026 Facility Use Agreement - EC Healthy Aging 12.16.25 Final Audit Report 2026-01-05 Created:2025-12-16 By:Jerrica Miller (jmiller@avon.org) Status:Signed Transaction ID:CBJCHBCAABAAJ1jAzC6H_mkzJxbTLGvxJ45pxjfRUjoU "2026 Facility Use Agreement - EC Healthy Aging 12.16.25" Hist ory Document created by Jerrica Miller (jmiller@avon.org) 2025-12-16 - 7:43:33 PM GMT Document emailed to Michael Labagh (mlabagh@avon.org) for signature 2025-12-16 - 7:48:33 PM GMT Document e-signed by Michael Labagh (mlabagh@avon.org) Signature Date: 2025-12-18 - 4:37:03 PM GMT - Time Source: server Document emailed to Jerrica Miller (jmiller@avon.org) for signature 2025-12-18 - 4:37:05 PM GMT Document e-signed by Jerrica Miller (jmiller@avon.org) Signature Date: 2026-01-05 - 10:49:03 PM GMT - Time Source: server Document emailed to jeff.shroll@eaglecounty.us for signature 2026-01-05 - 10:49:04 PM GMT Email viewed by jeff.shroll@eaglecounty.us 2026-01-05 - 11:12:56 PM GMT Signer jeff.shroll@eaglecounty.us entered name at signing as Jeff Shroll 2026-01-05 - 11:13:28 PM GMT Document e-signed by Jeff Shroll (jeff.shroll@eaglecounty.us) Signature Date: 2026-01-05 - 11:13:30 PM GMT - Time Source: server Agreement completed. 2026-01-05 - 11:13:30 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) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/6/2026 Alliant Insurance Services,Inc. 18100 Von Karman Ave 10th Fl Irvine CA 92612 Angela Hunter 949-527-9844 Angela.Hunter@alliant.com License#:0C36861 Travelers Indemnity Company 25658 EAGLCOU-01 Eagle County,CO 500 Broadway Street Eagle CO 81631 941748319 A X 1,000,000 X 300,000 Excluded 1,000,000 2,000,000 X Y ZLP51N9912626PA 1/1/2026 1/1/2027 2,000,000 RE:Use of Avon Recreation Center for older adult specific programming in partnership with Eagle County Healthy Aging on Mondays. Certificate Holder is an Additional Insured as respects General Liability policy,pursuant to and subject to the policy's terms,definitions,conditions and exclusions. Avon Recreation Center Town of Avon PO Box 975 Avon,CO 81620