02-17-2018 Avon Recreation Center Rental AgreementFACILITY RENTAL AGREEMENT
Town of Avon, Colorado
Avon Recreation Center
This Facility Rental Agreement ("Rental Agreement") is effective on February 2, 2018, by
and between the Town of Avon, a Colorado Home Rule Community ("Town') and New
Creative Mix Inc. at 1515 Broadway, New York, NY 10036 ("Renter").
WHEREAS, Town owns and operates the Avon Recreation Center ("ARC") and desires to rent
portions of the ARC to Renter for a private event, such portions of the ARC are described in
Paragraph i as the premises ("Premises") and Renter desires to rent the Premise according to the
terms contained in this Rental Agreement;
NOW THEREFORE, 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 the Town and Renter, the Party do hereby agree as follows:
1. Premises. Town rents to Renter the first floor of the Avon Recreation Center, including
the lobby area, pool area, locker rooms, yoga room, and ingress and egress to the first floor
from the west door. In case of an emergency, egress may also be used from the north door.
The second floor shall be cordoned off and is not available to the Renter.
2. Rental Period. This Rental Period shall be from 4:00 p.m. to 6:00 p.m., for set-up and
non-exclusive use of the lobby, and exclusive use of the Premises from 6:00 p.m. to 10:00
p.m. on Saturday, February 17, 2018 ("Rental Period").
3. Rental Payment. The Renter shall pay to the Town a rental fee in the amount of
Ten Thousand Dollars ($10,000.00) ("Rental Payment"). Payment shall be tendered, not
later than February 16, 2018, at the Avon Town Hall, One Lake Street, Avon, CO 81620,
or may be mailed to Town of Avon, P.O. 975, Avon, CO 81620, attention Mr. Scott
Wright, Finance Director. Payment is subject to Town complying with returning and
Renter's acceptance of all necessary payment forms. If Renter fails for any reason (unless
otherwise stated herein) to possession and use the Premises for the Purpose stated herein
during the Term, no Rental Payment refund shall be made and the Rental Payment shall be
retained by Town as liquidated damages and not by way of penalty.
4. Security Deposit. The Renter shall also pay to Town a deposit of Three Thousand Dollars
($3,000.00) ("Security Deposit"). The Security Deposit shall be returned to the Renter
within thirty (30) days following the Rental Period, less the cost of any and all repairs or
other maintenance performed by the Town as required to return the Premises to the
condition it was in prior to the commencement date of this Rental Agreement. Any repairs
determined by Town will be discussed with Renter, prior to such deduction from Security
Deposit.
5. Access. The Renter shall have only Iimited access to the Premises during the Rental
Period, as described in Paragraph 1 above.
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6. Purpose. Renter represents that the Premises are being rented for the purpose of hosting a
private social event for a limited maximum number of persons, as described in Exhibit A,
and shall not use the Premises for any other purpose whatsoever without the prior written
consent of Town.
7. Quiet Enioyment. Town agrees to permit Renter, upon faithful performance of the terms
and covenants of this Rental Agreement, to peaceably and quietly have, hold, and enjoy use
of the Premises for the Term and Purpose stated herein.
8. Waiver and Release. Renter expressly assumes all such risks of injury, loss, or damage to
Renter, to members, guests or invitees of Renter, arising out of or in any way related to the
above-described activities By signing this Rental Agreement, Renter waives, and exempts,
releases, and discharges the Town, its officers, and its employees from, any and all claims,
demands, and actions for such injury, loss, or damage, arising out of or in any way related
to the above-described activities, whether or not caused by the act, omission, negligence, or
other fault of the Town, its officers, its employees, or by any other cause, excepting only
the willful and wanton conduct of the Town's officers or employees.
9. Inspection. Renter agrees Renter agrees and represents that Renter has inspected the
Premises and ARC and that Renter accepts the Premises and ARC as safe and reasonably
suited for the Purpose and use of its members, guests and invitees, to the extent Renter can
reasonably assess any such danger as a layperson with no formal safety inspection training.
10. Surrender of Premises. Renter shall quit and surrender the Premises and all equipment
contained on and in the Premises to Town at the end of the Term in the same condition as
of the date and time of commencement of the Term. If at the conclusion of Term, a
condition exists that varies from the commencement of the Term, Renter will be provided a
reasonable amount of time to reconcile.
11. Rules and Regulations. Renter shall abide by and conform to the rules and regulations
from time to time adopted by or proscribed by Town for use and management of the ARC.
12. Non -Smoking Facility. Renter acknowledges and agrees that smoking of tobacco,
marijuana, or anything else is illegal on Town property, including the Premises, ARC and
parking area for the ARC, and that any smoking on the Premises or adjacent Town property
shall be a default of this Rental Agreement.
13. Intoxicating Liquors. Service or consumption of intoxicating liquors is only permitted if
Renter complies with the following additional standards:
(1) The Renter shall comply with all Colorado State Liquor Laws.
(2) The Renter shall admit only invited guests.
(3) Alcohol must be served by a TIPS trained person who is not a guest at the event.
(4) Alcohol must be consumed at the Premises during the private event times.
Consumption of alcohol is not permitted during set-up and break -down of the private
event.
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(5) The Renter shall not permit guests to leave with open containers of alcohol
(6) The Renter must abide by an alcohol management plan submitted to and approved by
the Town Manager.
14. Fire Hazard. Renter shall not do, or permit to be done, anything in or on any part of the
Premises, or bring or keep anything in or on the Premises, which will in any way increase
fire hazard conditions of any portion of the Premises, or which would affect in any way
Town's insurance policy or public liability. Renter shall not bring any fuels or other
combustible materials onto the Premises and shall not operate any engine, combustible
motor, or machinery unless prior written consent is provided by Renter.
15. Compliance with Laws. Renter shall comply with all laws of the United States and of the
State of Colorado, all ordinances of the Town of Avon, and all rules, regulations and
requirements of the police and fire departments. Renter shall not do anything, or allow
anything to be done, on the Premises during the Term which is in violation of any such
laws, ordinances, rules or requirements. Renter shall immediately cease, or cause to cease,
any violation of any such laws, ordinances, rules or regulations upon notification and
request of Town. Town may declare any such violation is a default of this Rental
Agreement and may elect to terminate the Term immediately, and Town shall not be liable
to Renter for reimbursement of the Rental Payment or any portion thereof.
16. Lost Property. Town shall have the sole right to collect and have custody of articles left,
lost, or checked in the building by any persons attending the event at the Premises during
the Term.
17. Loss of Equipment. All equipment, furniture, gear, towels, toys, accessories and other
things owned by Town provided to Renter for use during the Term shall useduse with
reasonable care and returned in good condition. Renter is responsible for the reasonable
care and return in good condition such things provided by Town and shall be liable to pay
to Renter full replacement costs of any such things provided by the Town which are
damaged, broken or lost.
18. Control of Premises. Control of the Premises, including the ARC and the keys thereof,
shall be at times under the charge and control of the facility manager who shall be
appointed by Renter.
19. Staffing and Rental Inclusions. Town shall provide staffing and rental inclusions as
described in Exhibit A. Optional engagement Activities, listed on Exhibit A, may be
provided with notice to the Town by not later than February 9, 2018.
20. Premises Owned by the Town. The Premises, and any improvements made thereto by the
Town during the term of this Rental Agreement are and shall at all times remain the sole
property of the Town, and the Renter shall have no right, title, or interest therein.
21. Damage to Premises or Impossibility. In case the Premises, or any part of the Premises
or ARC is destroyed or damaged by fire or any other cause, or if any other casualty or
unforeseen occurrence renders fulfillment of this Rental Agreement by Town impossible,
including but not limited to: loss of electrical power, loss of water supply, flooding,
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requisition of the Premises by the United States government or any arm or instrumentality
of the United States government, this Rental Agreement shall terminate and Town shall
refund the Rental Payment less direct costs incurred by Town. Renter hereby waives any
claims for damages or compensation if this Rental Agreement is terminated pursuant to this
section.
22. Evacuation of Premises. Renter reserves the right to evacuate the Premises or ARC
during any activity in progress when Town deems evacuation necessary for general safety.
Renter hereby waives any claims for damages or compensation if Town, in good faith,
evacuates the Premises or ARC.
23. Media Permissions. Renter shall control all press and publicity relating to the event,
except that the Town may make public announcements about the closure of the Premises
for a private event as the Town deems appropriate. Town shall not take or use any
photographs, video, audio or other recordings of the event for promotion, advertising,
photographic contests, exhibitions, editorials, displays, or for any other purpose, except
security and public safety purposes, without permission of the Renter. Town can and will
use existing security cameras on the Premises, body cameras on law enforcement officials
and other recording devices as deemed appropriate by Town for security and public safety
purposes. Town agrees not to use of the name and logos of Renter, Viacom Media
Networks or its affiliates without the express written approval of Renter. Renter
acknowledges that Town is subject to the Colorado Open Records Act and nothing
contained in this paragraph shall construed to restrict Town from full compliance with the
Colorado Open Records Act. Renter acknowledges that this Rental Agreement is a public
record under the Colorado Open Records Act.
24. Indemnification. The Renter promises and covenants to hold harmless, defend and
indemnify the Town, its directors, employees, agents, representatives, successors and
assigns, from and against any and all liabilities, claims, penalties or damages of any nature,
whether present or future (including without limitation damages for personal injury, disease
and death; property damage; administrative or judicial penalties or fines; accountants fees,
consultants fees and attorneys' fees associated with or necessary for the Town's defense of
matters arising under this Rental Agreement), arising out of, or related directly or indirectly
to the use of the Premises by the Renter. Use of the Premises by Renter shall include any
use, activity or actions by employees, independent contractors, agents, customers, guests or
invitees of Renter.
25. Insurance. Renter shall maintain Comprehensive General Liability insurance with
minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars each
occurrence and of One Million Dollars ($1,000,000.00) aggregate. The policy shall be
applicable to all operations of Renter on the Premises. The policy shall include coverage
for bodily injury, broad form property damage (including completed operations), personal
injury (including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall contain a
severability of interests provision. Coverage shall be provided on an "occurrence" basis as
opposed to a "claims made" basis. Such insurance shall be endorsed to name the Town as
Certificate Holder and name the Town, and its elected officials, officers, employees and
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agents as additional insured party. Renter shall provide a copy of the insurance policy
naming the Town as additional insured by no later than February 9, 2018. Renter shall
provide at least seven (7) days prior written notice to Town of any change in the insurance
policy. Any failure of Renter to maintain the insurance policy or failure to provide the
minimum required notice shall be a default of this Rental Agreement by Renter. All
insurance policies carried by Renter, its officers or its employees shall be primary
insurance, and any insurance carried by Town, its officers or its employees or carried by or
provided by Town shall be excess and not contributory insurance to that provided by
Renter, except to the extent that a claim arises out of Town's negligence, willful
misconduct, violation of law or violation of this Rental Agreement.
26. Default. The failure of Renter to keep or perform any covenant or warranty, condition or
agreement on its part to be kept or performed according to the terms and provisions of this
Rental Agreement shall, upon the election of the Town, constitute a default. Upon an event
of default the Town may, at its discretion, terminate this Rental Agreement immediately by
giving written notice of such action to Renter, and may exercise all or any remedies
available to the Town at law or in equity by virtue of such default. In addition, upon
termination all right and interest of the Renter to the Premises shall be immediately
forfeited to the Town without right of reimbursement, compensation or set off. The failure
of the Town to terminate this Rental Agreement upon a default by Renter shall not in any
way constitute a waiver of the Town's right to terminate this Rental Agreement for future
defaults by Renter of the same or different type.
27. Notice. Any notice, demand, or other communication required or permitted to be given by
any provision of this Rental Agreement shall be given via e-mail or in writing and
delivered in person addressed as follows:
To the Town: Avon Town Manager
90 Lake Street
P.O. Box 975
Avon, CO 81620
Ph: (970) 748-4452
E -Mail: vicegger@avon.org
Copy: jcurutchet@avon.org
With copy to: Eric J. Heil., Esq., A.I.C.P.
1022 Summit Drive
Dillon, CO 80435
Ph: (303) 518-4678
E -Mail: ericheillaw@gmail.com
To Renter: Stephen Kipp
1515 Broadway
New York. NY 10036
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All notices, demands, requests or other communications shall be effective upon
acknowledgment of receipt of an e-mail by the recipient or upon personal delivery. Each
party may change its address by providing notice of the address change to the other party.
28. Assignment. Renter shall not in any manner transfer or assign this Rental Agreement
without the prior written consent of the Town and any attempt to do so without the Town's
prior written consent shall be null and void and confer no rights on third persons.
29. Binding Effect. This Rental Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and permitted assigns.
30. No Waiver of Governmental Immunity. Nothing in this Rental 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.
31. Governing Law. This Rental Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado. The parties agree that venue for any
dispute regarding this Rental Agreement shall be proper in Eagle County, Colorado.
32. Attorneys' Fees. In the event either party to this Rental Agreement commences an action
to enforce any of the provisions hereof, each party shall be responsible for its own attorney
fees and other legal costs.
33. Relationship of the Parties. Nothing contained in this Rental Agreement shall be deemed
or construed by the party hereto or by any third person to create the relationship of
employer and employee, principal and agent, or of a partnership or joint venture, or of any
association between Town and Renter.
34. Headings for Convenience Only. The headings, captions and titles contained herein are
intended for convenience and reference only and are not intended to define, limit, or
describe the scope or intent of any provision of this Rental Agreement.
35. Modification. This Rental Agreement and its attached exhibits set forth the entire
understanding and agreement between the party hereto with respect to the Premises.
Except as otherwise provided herein, this Rental Agreement may be modified, amended,
changed, or terminated, in whole or in part, only by an agreement in writing and duly
authorized and executed by the party hereto.
36. Execution in Counterparts. This Rental Agreement may be executed in counterparts and
transmitted electronically, each of which shall constitute an original, and when taken
together, shall constitute a single instrument.
[EXECUTION PAGE FOLLOWS]
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THIS RENTAL AGREEMENT is read, understood and executed by the parties as follows:
TOWN:
By:
Virgi is gger, Town Man
Attest: Z 1'� �'�
Debbie Hoppe, Town C er
RENTER:
Date: f-
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Date: b I
Signature
By: 57E�P+1::C-Pj g( ep
Print name
Title: SV P 1 3 PE C 1 ftz-- E�) E 1 S
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EXHIBIT A
Description of the Event
The group consists of 114 people total, that is made up of 58 adults and 56 kids. The kids range
from ages 2 to 17, but most are in an 8 to 14 -year-old range. This is a family program, so these
kids are all there with their parents. Set up will be from 4:00 — 6:00 p.m. Dinner is from 6PM-
1 OPM. Transportation will be via sprinter vans, which will be parked on the west side of the
Avon Recreation Center or other location, as directed by the Recreation Director.
Staffing
1. Five lifeguards 6:00 pm to 10:00 pm
2. One Facility Manager 6:00 pm to 11:00 pm
3. One Front Lobby/Bouldering wall attendant 6:00 pm to 10:00 pm
4. One Female, One Male, locker room and facility custodians 6:00 pm to 11:00 p.m.
Rental Inclusions
1. PG movies in the Yoga Studio, chairs, mats, blankets set up
2. Bouldering wall open; shoes
3. Inner tubes will be available and nets set up for open play
Optional Engagement Activities
1. Timed big slide races; all ages 48" height requirement. $30.00/hr.
2. Leisure pool games; Sharks and Minnows, Little Shark, etc., 5-8 years old. $30.00/hr.
3. Dive well contests; big splash, small splash, best trick. All ages, must be able to swim in
deep water. $30.00/hr.
4. Inner Tube Water Polo, age group teams. $30.00/hr.
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