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9377First Amendment Rent Support Agreement – Vail Valley Art Guild October 7, 2026 Page 1 of 2 FIRST AMENDMENT TO THE RENT SUPPORT AGREEMENT VAIL VALLEY ART GUILD THIS FIRST AMENDMENT TO THIS RENT SUPPORT AGREEMENT (“Agreement”) dated as of October 2, 2026 (“Effective Date”), by and between the Town of Avon, a Colorado home rule municipality (“Avon”), and the Vail Valley Art Guild, a Colorado not for profit corporation (“VVAG”). RECITALS WHEREAS, Avon and VVAG desire to promote art in the Avon community and support local artists; and, WHEREAS, GAC Avon LP, LLC, (the Seasons ground floor commercial owner) desires to support arts in the Avon community and has offered a lease of ground floor commercial space to VVAG known as Unit C2, Seasons Building, 137 Benchmark Rd, Avon, CO 81620 (“Premise”); and, WHEREAS, Avon and VVAG find that establishing a location for VVAG that is centrally located in Avon and adjacent to the Main Street Pedestrian Mall will promote activation of this area and will better facilitate Community interest and involvement in the VVAG and arts in general. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, AVON AND VVAG AGREE AS FOLLOWS: 1. RENT SUPPORT: Town of Avon agrees to contribute $1,925 per month ($23,100.03 per year) (“Rent Support”) commencing on January 1, 2027, continuing for two (2) years and expiring on December 31, 2028. Rent support shall increase 3.5% per year as follows: Year 2 = $1,992.38 per month. Avon’s commitment to Rent Support shall not exceed 24 total monthly payments and shall expire on December 1, 2028. Avon’s commitment to Rent Support shall be conditioned on VVAG renting the Premise from GAC Avon LP, LLC. 2. ACTIVATION OF PREMISE: VVAG agrees to activate the Premise through the following minimum activities: a. Board Meetings: VVAG shall hold its VVAG Board of Directors meetings at the Premise, provided that VVAG may hold its Board of Directors meeting at other locations if needed for community outreach and may conduct virtual video meetings when appropriate. b. Gallery Display: VVAG shall utilize the Premise as an art gallery and display art. c. Work Shops and Seminars: VVAG shall routinely organize and host work shops and seminars for all levels of artist proficiency and interest. (at least 6 per year). d. Events: VVAG shall organize and host events that promote appreciation and awareness of arts (at least 2 per year). 3. COLLABORATION: VVAG agrees to collaborate with Avon to promote art in Avon, including but not limited to the following: First Amendment Rent Support Agreement – Vail Valley Art Guild October 7, 2026 Page 2 of 2 a. Art District: Coordinating and supporting efforts with Avon to pursue “art district” designation, including efforts to develop a strategic plan for Art in Avon. b. Art Activations: Coordinating and supporting efforts by Avon to host art shows and art related activations on the Main Street Pedestrian Mall. c. Board of Directors: Inviting and appointing two Avon officials to be members of the VVAG Board of Directors. Avon Town Council shall designate the Avon officials to participate on the VVAG Board of Directors. Avon officials may include elected or appointed officials or full-time employees of Avon. d. Rebranding: VVAG agrees to consider rebranding the organization name to reference Avon. 4. INDEMNIFICATION: VVAG agrees to indemnify and defend Avon from any claims arising from VVAG’s lease and occupation of the Premises, except those claims which arise from negligence by Avon. 5. DEFAULT, TERMINATION: In the event of default by VVAG, Avon may provide a written Notice of Default to VVAG with thirty (30) days to cure. If such default is not cured within 30 days, Avon may elect to terminate this Agreement in writing and shall have no further obligations to make payments as described herein. 6. NO WAIVER OF GOVERNMENTAL IMMUNITY: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 7. NO THIRD-PARTY BENEFICIARIES: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub-consultant or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. VAIL VALLEY ART GUILD BY:__________________________________ President TOWN OF AVON BY:__________________________________ ATTEST:__________________________________ Eric Heil, Town Manager Miguel Jauregui Casanueva, Town Clerk Eric Heil (Oct 7, 2026 14:03:24 MDT) Eric Heil Danita Dempsey (Oct 7, 2026 15:42:43 MDT) Danita Dempsey First Amendment to the Rent Support Agreement Final 10.7.2026 Final Audit Report 2026-10-08 Created:2026-10-07 By:Danita Dempsey (ddempsey@avon.org) Status:Signed Transaction ID:CBJCHBCAABAAKsL4PBmX_Uq1VSKiD791LzR2dvZ35Ium "First Amendment to the Rent Support Agreement Final 10.7.20 26" History Document created by Danita Dempsey (ddempsey@avon.org) 2026-10-07 - 6:48:12 PM GMT Document emailed to Eric Heil (eheil@avon.org) for signature 2026-10-07 - 6:50:14 PM GMT Email viewed by Eric Heil (eheil@avon.org) 2026-10-07 - 8:03:07 PM GMT Document e-signed by Eric Heil (eheil@avon.org) Signature Date: 2026-10-07 - 8:03:24 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to service@vvagco.org for signature 2026-10-07 - 8:03:25 PM GMT Email viewed by service@vvagco.org 2026-10-07 - 9:42:15 PM GMT Signer service@vvagco.org entered name at signing as Danita Dempsey 2026-10-07 - 9:42:41 PM GMT Document e-signed by Danita Dempsey (service@vvagco.org) Signature Date: 2026-10-07 - 9:42:43 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Document emailed to Miguel Jauregui Casanueva (mjauregui@avon.org) for signature 2026-10-07 - 9:42:44 PM GMT Email viewed by Miguel Jauregui Casanueva (mjauregui@avon.org) 2026-10-08 - 3:56:57 PM GMT Document e-signed by Miguel Jauregui Casanueva (mjauregui@avon.org) Signature Date: 2026-10-08 - 3:57:27 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Document emailed to Danita Dempsey (ddempsey@avon.org) for approval 2026-10-08 - 3:57:28 PM GMT Document approved by Danita Dempsey (ddempsey@avon.org) Approval Date: 2026-10-08 - 5:02:13 PM GMT - Time Source: server Agreement completed. 2026-10-08 - 5:02:13 PM GMT