11-15-2014 Starting Hearts Parking Space at Lot 5LETTER OF AGREEMENT
FOR USE OF PARKING SPACE AT PUBLIC WORKS STORAGE LOT 5
AVON, COLORADO
THIS LETTER OF AGREEMENT is entered into on November 15, 2014, between "Starting Hearts ", doing
business as a Colorado Non Profit Corporation, PO Box 4318, Avon, Colorado,and the Town of Avon
( "Avon "), a Colorado Home rule municipality, located at One Lake Street, Avon, Colorado (individually
at " Party "and collectively, the "Parties ").
The Town of Avon has received a request to support Starting Hearts, a nonprofit agency dedicated to
Saving Lives of Sudden Cardiac Arrest victims through free CPR and AED training and programs, by
permitting the use of one parking space on Town of Avon Lot 5- The Town of Avon agrees to support
this request by allowing Starting Hearts to park their "Heart Rod" bus at 0375 Yoder Avenue, (LOT 5), Avon,
Colorado asoutlined in the foilowingterms:
1. Term. The term shall be for one (1)year, commencing November 15, 2o14and ending November
14, 2015, unless earlier terminated as hereinafter provided.
2. Renewal Term. The Term of this Agreement shall automatically renew on the same terms and
conditions for up to two (2) additional one -year Terms, each Term commencing on November 15 and
ending on November 14 of the succeeding calendar year.
3. Premises. Lot 5 is currently designated for Public Works Use and Vehicle Storage, and per this letter
of agreement t he Town shall lease one parking space to be used to store the bus used by Starting
Hearts at the cost of $1.00 per year. The parking location shall be determined by the Road & Bridge
Superintendent and may be changed on occasion in order to manage and accommodate the various
uses at the site.
4. Use of Electricity. Starting Hearts has the option to use an electrical plug -in outlet on the premises as
an engine heater with reimbursement to the Town for the estimated electricity costs of the outlet.
Unless notified otherwise Starting Hearts shall pay $75.00 per month for the use of the plug -in for the
months of December, January, February and March. Notification that any month or months will not be
used shall be done in writing to the Town Clerk. The Town shall invoice Starting Hearts each month
for payment. The Town retains the right to change the monthly amount for use of the plug -in with 30
days' notice.
5. Payment Location. Electricity payment shall be made payable to Town of Avon Finance Department and
tendered at the Avon Town Hall, One Lake Street, Avon, CO 81620, or maybe mailed to Town of Avon,
P-0. 975, Avon, CO 8162o, Attention Town Clerk.
6. Limits on Use. No other services by Avon are included other than those explicitly listed herein. Other
uses of the Premises are not permitted without Avon's written consent and will be considered
a breach of this Letter of Agreement. The following additional limitations on use apply:
6.1 Starting Hearts agrees that use of the Premises is "at your own risk ".
6.2 The vehicle parked on the Premises included under this Letter of Agreement shall be maintained
in full running order. Avon reserves the right to remove from the Premises, at Starting Hearts cost, any
vehicle that has not been restored to full running order by Starting Hearts or their assigns for a period
of more than thirty (3o) days.
Letter of Agreement for Use of Parking Space at Town of Avon Lot 5
November 15, 2014
Page i of 3
6.3 Starting Hearts agrees to immediately notify Avon of any defects or dangerous conditions in and
about the Premises of which Starting Hearts becomes aware. Starting Hearts agrees to reimburse
Avon, upon demand by Avon, for the cost of repairing any damage to the Premises caused by acts
or omissions of Starting Hearts.
7. Premises. Avon represents that its facilities are adequately equipped to offer the services described herein.
8. Termination. Starting Hearts or Avon may terminate this Letter of Agreement at any time by providing
written notice to Avon and Avon may terminate this Letter of Agreement at any time by providing
written notice. The Heart Rod shall be removed from the Premises in three (3) business days upon
termination.
9. Indemnification. To the fullest extent permitted by law, the Starting Hearts agrees to indemnify and
hold harmless the Town of Avon, and its officer s and its employees, from and against all liability,
claims, and demands, on account of any injury, loss, or damage, which arise out of or are connected with
the use of the parking space, if such injury, loss,or damage, or any portion thereof, is caused by, or
claimed to be caused by, the act, omission, or other fault of the Starting Hearts, or any officer, employee,
or agent of the Starting Hearts, or any other person for whom the Starting Hearts is. responsible. The
Starting Hearts shall investigate, handle, respond to, and provide defense for and defend against
any such liability, claims, and demands, and to bear ail other costs and expenses related thereto,
including court costs and attorneys' fees_ Starting Hearts indemnification obligation shall not be
construed to extend to any injury, loss,or damage which is caused by the act, omission, or other fault of
the Town of Avon.
to. Insurance Requirements. At all times during the term of this Agreement, Starting Hearts shall carry
and maintain in full force, at Starting Hearts' expense, the following insurance coverage. Such policies
shall include a provision requiring a minimum of thirty (3o) days' notice to Avon of substantial change
or cancellation of coverage or insurance policies.
General Comprehensive Liability insurance in an amount of $350,000 for any injury per person in any
single occurrence and s99o,000 for an injury to two or more persons in any single occurrence,
including the following coverage: property damage underground explosion. and collapse hazard;
and personal injury.
Comprehensive Automobile Liability insurance on all owned vehicles used in connection with the
services in an amount of $350,000 per person and $990,000 per occurrence combined single limits for
bodily injury and property damage.
ii. Relationship of the Parties. The relationship between the Parties is that of independent contractor, and
nothing herein shall be deemed or construed as creating a relationship of principal and agent,
partnership, joint venture, or ownership interest in the real property.
12. 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 Avon its respective
officials, employees, contractors, or agents, or any other person acting on behalf of Avon, and, in
particular, governmental immunity afforded or available pursuant to the Colorado Governmental
immunity Act, Title 24, Article io, Part i of the Colorado Revised Statutes.
Letter of Agreement for Use of Parking Space at Town of Avon Lot 5
November i5, 2014
Page 2 of 3
13. Notice. Any notice, demand, or other communication required or permitted to be given by any
provision of the Lease shall be given in writing, delivered personally or sent by certified or
registered mail, postage prepaid and return receipt requested, or by overnight courier, with
shipping charges prepaid, address asfollows:
To Avon: Town of Avon
Attn: Town Clerk
One Lake Street
P.O. Box 975
Avon, CO 81620
Phone: 970 -748 -4000
To Starting Hearts. Starting Hearts
Attn: Lynn Blake
PO Box 4318
Avon, CO 81620
Phone: 970 -331-3983
14. 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 Avon or Starting Hearts. Absolutely no third -
party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this IGA is
an incidental and unintended beneficiary only.
IN WITNESS WHEREOF, the Parties hereto have executed this Letter of Agreement the day and year first
above written.
TOWN OF AVON, COLORADO
By and through its Town Manager
Virginia Egger, T i anager
Date: // ' S
STARTING HEARTS
By and through its Founder
v � �
Lynn Bla ,Founder Starting Hearts
Date:,,' S " 1 L l
Letter of Agreement for Use of Parking Space at Town of Avon Lot 5
November 15, 2014
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