08-15-2017 MOU Salvation Army Canteen StorageMEMORANDUM OF UNDERSTANDING
FOR VEHICLE AND EQUIPMENT STORAGE AT ANNEX BUILDING,
TRACT N, TOWN OF AVON, CO
THIS LEASE AGREEMENT ("Agreement") is entered into on August 15, 2017, between the
Vail Salvation Army ("Lessee"), doing business as a Colorado non-profit, whose address is P.O.
Box 2183, Edwards, Colorado 81632 and the Town of Avon, as Lessor ("Avon"), a Colorado
Home rule municipality, located at One Lake Street, Avon, Colorado (individually at "Party" and
collectively, the "Parties").
This Agreement sets forth the terms and conditions for Salvation Army to lease vehicle storage
for a 2008 GMC vehicle, License Plate No. CO 948504J ("Vehicle"), and equipment storage
space from Avon for storage use at the Annex Building, located at Tract N, Avon, CO
("Premises").
In consideration of the mutual promises and covenants herein contained, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Salvation Army and Avon, the Parties do hereby agree as follows:
1. Term. The term ("Term") of this Agreement shall be for three (3) months, commencing
August 15, 2017 and ending October 14, 2017, with automatic renewals for continuing three (3)
month periods, unless earlier terminated as hereinafter provided.
2. Lease. Avon agrees to lease the Premises to Salvation Army for the Vehicle and
equipment storage subject to the terms and conditions of this Agreement.
3. Lease Payment Amount. During the term of this Agreement the following stipulations
are set forth,
a. Rent shall be $0.00 per month; and
b. The utility charges, including water, sewer and natural gas, and electricity will be
paid by Avon.
4. 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 Agreement. The following additional limitations on use apply:
(a) Salvation Army agrees that use of the Premises is "at your own risk".
(b) The Vehicle and equipment storage area shall as designated by Avon in accordance
with this Agreement. Equipment storage shall be limited to two refrigerators and such
other equipment as Avon may approve in writing.
(c) Salvation Army agrees to immediately notify Avon of any defects or dangerous
conditions in and about the Premises of which Salvation Army becomes aware.
Salvation Army agrees to reimburse Avon, upon demand by Avon, for the cost of
repairing any damage to the Premises caused by acts or omissions of Salvation
Army.
Avon-salvation Army Storage Lease
August 15, 2017
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5. Access. Avon shall provide an access code or key to Mr. Dan Smith as the only
designated representative of Salvation Army, who may have access to the Vehicle and
equipment storage space at any time for vehicle maintenance and emergency response. Any
other Salvation Army personnel, who may require access to the Vehicle and equipment storage
space, shall first receive prior approval by providing the Public Works Director no Jess than
twenty-four (24) hours' notice either by phone or email for approval. The access control is not to
deny the needs of the Salvation Army but rather to recognize that the Town has publically
owned equipment and vehicles in the facility and, as part of the Town's responsibility to the
public, access must be controlled to the facility.
6. Facilities. Avon represents that its facilities are adequately equipped to offer the
services described herein.
7. Termination. Salvation Army or Avon may terminate this Lease Agreement without
cause by providing a minimum of three (3) months' prior written notice to the other Party. In the
event of any material breach of this Agreement by Salvation Army, the Avon may terminate this
Agreement immediately upon providing written notice of termination to Salvation Army.
8. Liability and Indemnification. Salvation Army, its officers and employees, shall not be
deemed to assume any liability for intentional or negligent acts, errors, or omissions of Avon or
of any officer or employee thereof. Likewise, Avon, its officers and employees, shall not be
deemed to assume any liability for intentional or negligent acts, errors or omissions of Salvation
Army or by any officer or employee thereof. Salvation Army agrees to indemnify, defend and
hold harmless to the extent allowed by law, Avon, its respective agents, officers, servants and
employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands,
action and causes of action whatsoever, arising out of or related to Salvation Army's intentional
or negligent acts, errors, or omissions or that of its agents, officers, servants, and employees,
whether contractual or otherwise. Likewise, Avon agrees to indemnify, defend and hold
harmless to the extent allowed by law, Salvation Army, its respective agents, officers, servants
and employees of and from any and all loss, costs, damage injury, liability, claims, liens,
demands, action and causes of action whatsoever arising out of or related to Avon's intentional
or negligent acts errors or omissions or that of its agents, officers, servants and employees,
whether contractual or otherwise.
9. lnsuranca_ The Parties must carry valid insurance for any individuals and property that
are involved in use of the Premises. Avon is not liable for damage to Salvation Army owneo
property while located on the Premises, including acts of vandalism, theft, or comprehensive
damage of same vehicles, unless such damage or theft is caused by the negligent operation or
management of Avon. The Parties must each carry property damage and general liability
insurance policies, each in the amount of $1,000,000 per occurrence and $2,000,000
aggregate.
10. 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.
I l. No Waiver of Governmental Immunity. Nothing in this IGA 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
Avon-salvation Army Storage Lease
August 15, 2017
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Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
12. 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, c;>r given by electronic e-mail provided that e-mail shall not be deemed
delivered until acknowledged by recipient, addresses as follows:
To Avon: Town of Avon
Attn: Town Clerk
One Lake Street
P.O. Box 975
Avon, CO 81620
Ph.: 970-748-4000
E-Mail: dhoppe@avon.org
To Salvation Army: Salvation Army
Attn: Dan Smith
322 E. Beaver Creek
Blvd. P.O. Box
Avon, CO 81620
Ph.: (970) 748-
0704
E-Mail: terry-dan@comcast.net
13. 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 Salvation Army.
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.
Avon-salvation Army Storage Lease
August 15, 2017
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II Signature Page Follows II
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and
year first above written.
TOWN OF AVON
ATTEST:
~SE AL~ . . . . . .
SALVATION ARMY
Avon-salvation Army Storage Lease
August 15, 2017
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SALVATION ARMY, By and Through Its
Advisory Board Chairman
By: ~ IU r1Nxs ,
Dan Smith
Date: 6f7g(J7