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The Steadman Clinic Facility Rental Agreement ACCPRD® CERTIFICATE OF LIABILITY INSURANCE D TE(M DD/YYYY) 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. 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). PRODUCER CONTACT MARSH USAINC. PH ON: PHONE FAX 1225 17TH STREET,SUITE 13000 (A/C,No,Ext): (A/C,No): DENVER,CO 80202-5534 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102701121--21-22 INSURER A:West American Insurance Co 44393 INSURED INSURER B:Ohio Casualty Insurance Company 24074 The Steadman Clinic Professional I I CC Attn:Steve SevcikL INSURER C:Farmington Casualty Company 41483 181 WNbadowDr- INSURER D: Suite 400 Vail,CO 81657 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-003807682-02 REVISION NUMBER: 0 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. INSR TYPE OF INSURANCE INSD DDL S WUBR POLICY EFF POLICY EXP NSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY BZW57148694 02/01/2021 02/01/2022 EACH OCCURRENCEDAMAGE RETED $ CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BZW57148694 02/01/2021 02/01/2022 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR US057148694 02/01/2021 02/01/2022 EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION UB1S7723642142G 04/01/2021 04/01/2022 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Birds of Prey—December3-5,2021-Address:90 Benchmark Road,Suite 300,Avon,CO 8162071 II Vail Valley Foundation,Beaver Creek Resort,Vail Resorts,Inc.,the USFS,and their affiliates,and their respective owners,partners,employees,officers,directors,members,managers,agents,sponsors, volunteers,representatives,successors and assigns are included as additional insured where required by written contract with respect to General Liability and Auto Liability.This insurance is primary and non- contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions with respect to General Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION The Town ofAvonl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 100Maela WayL1 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Avon,CO 81620 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE :ZZ.41-)7- c 2€S,4 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Avon Recreation Center AvonFacility Rental Agreement COI ORADO 1.0 PARTIES. The parties to this agreement ("Agreement") are the Town of Avon, Colorado, a Colorado home rule municipality("Town") and The Steadman Clinic ("Renter"). This Agreement is effective upon execution by the Renter and following execution by the Town Manager on the date indicated below. 2.0 FACILITY USE. The Town hereby rents to Renter the use of the diving well and 1-2 lap lanes at the Avon Recreation Center, located at 90 Lake Street, Avon, CO ("Facility") for the purposes of aquatic therapy: Any dates and times for facility rental must be submitted in writing to the Recreation Department two weeks prior to desired use. 3.0 TERM. This Agreement shall commence on November 8, 2021 and shall expire on October 31, 2022. 4.0 PAYMENT. Rental payment shall be $15 per lane or diving well, per hour. An invoice will be sent to Steadman Clinic and payment will be due within 30 days of receipt. 5.0 INSURANCE. Renter 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. Renter 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. 6.0 ADDITIONAL REQUIREMENTS. 6.1. Renter had inspected the Facility and accepts the Facility in such condition at the commencement of the Agreement. 6.2. Renter shall immediately report to the Town any observed hazards, dangerous conditions or other conditions that may pose a risk of personal injury. 6.3. Town reserves right to enter, at any time, to enter the Facility to review Renter's actions and conduct and/or any other reasonable purpose. 6.4. Renter 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 pools rules. Avon Facilities Rental Agreement THE STEADMAN CLINIC I November 2022—October 2022 Page 1 of 2 7.0 INDEMNITY: To the fullest extent permitted by law, Renter 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. 8.0 TOWN UNILATERAL TERMINATION. Town may terminate this Agreement without cause upon delivery of written notice to the Renter at least seven (7) days prior to the effective date of termination or may terminate this Agreement immediately upon delivery of written notice if Renter fails to comply with or perform any term or condition of this Agreement. 9.0 ASSIGNMENT. This Agreement shall not be assigned by the Renter and any assignment without the prior written consent of the Town shall be void. 10.0 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. 11.0 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. 12.0 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 shah be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. TOWN OF AVON: oF,gG By: f tit A L c ell, Tow ManagerBrenda Torres, Town Cle ed. • /nRA 56 THE ST AD AN CLINIC: By Avon Facilities Rental Agreement THE STEADMAN CLINIC November 2022-0ctober2022 Page 2 of 2