Avon Facility Rental Agreement - Beaver Divers 2022 AvonFacility Rental Agreement
COLORADO
1.0 PARTIES. The parties to this agreement ("Agreement") are the Town of Avon, Colorado, a
Colorado home rule municipality ("Town") and Beaver Divers, Inc. ("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 lap pool at the Avon Recreation
Center, located at 90 Lake Street, Avon, CO ("Facility") for the purposes of conducting scuba
instruction with the following schedule:
January 15 & 16
February 2& 7
April 2&3
May 21 &22
June 4 &5
July 9& 10
August 13& 14
Any other 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 January 1, 2022 and shall expire on December 31,
2022.
4.0 PAYMENT. Rental payment shall be $15 per lane per hour. An invoice will be sent to Beaver
Divers, Inc. 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.
Avon Facilities Rental Agreement
Beaver Divers I January 2022—December 2022
Page 1 of 2
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.
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 shall be construed to permit the assignment of this Agreement except as
otherwise expressly authorized herein
TOWN OF . •N:
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By: Attest: fl
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Beaver Divers, Inc:
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Avon Facilities Rental Agreement
Beaver Divers I January 2022—December 2022
Page 2 of 2
COMMERCIAL GENERAL LIABILITY INSURANCE
UNDERWRITER: DAN RISK RETENTION GROUP,INC.
\D�� offered through
RISK RETENTION GROUP DAN SERVICES,INC.
NAIC NO.15928 - SC COMPANY CODE:207640
6 W.Colony Place,Suite 200,Durham,NC 27705
DECLARATIONS PAGE
Named Insured Beaver Divers,Inc. Policy Number: GL108-111322
DBA:Beaver Divers
Policyholder ID: 2977570
Address P.O.Box 3743 See Policy for a full description of terms,
City,State,Zip Vail,Colorado 81658 conditions,limitations&exclusions.
DESCRIPTION OF OPERATIONS:
This policy consists of the following coverage parts for which a premium is indicated.
The premium may be subject to adjustment.
Commercial General Liability US$1,911.00 POLICY PERIOD
Lakes and Quaries Endorsement Not Included Effective Date: Expiration Date:
Tour and Travel Agent Liability Endorsement US$143.00
Terrorism Endorsement US$60.00
30-Sep-2021 30-Sep-2022
12:01AM ET 12:01AM ET
Taxes and Administrative Fee US$146.00
TOTAL PREMIUM US$2,260.00 Minimum/Retained-100%
In exchange for the payment of the preimum and subject to all terms of this policy,
we agree to provide the insurance as stated in this policy.
LOCATIONS TO WHICH THIS POLICY APPLIES: FORM OF BUSINESS:
P.O.Box 3743,Vail CO 81658; Other
LIMITS OF LIABILITY SCHEDULE OF DEDUCTIBLES
General Aggregate $2,000,000
Each Occurrence $1,000,000
Products&Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Damage to Premises Rented to You $100,000 CGL Deductible $0 Per Occ.
Medical Expense Per Person(Any One Person) $10,000
SCHEDULE OF RIDERS AND
ENDORSEMENTS:
DAN Services,Inc.
SEND CLAIM NOTIFICATIONS TO: Fax: (919)490-2935
E-Mail:liabilityclaims@dan.org
Notice:This policy is issued by your Risk Retention Group.Your Risk Retention Group may not be subject to all of
the insurance laws and regulations of your state.State insurance insolvency guaranty funds are not available for
your Risk Retention Group.
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Date: 30-Sep-2021 Per:
William M.Ziefle,DAN Services,Inc.
Date: 30-Sep-2021 Agent/Broker
Rochelle L.Wright,6 W.Colony Place,Durham,NC 27705
License#W151191
The insured is requested to read this declarations page,and if incorrect,return it immediately for alteration.
THIS POLICY CONTAINS A CLAUSE(S)WHICH MAY LIMIT THE AMOUNT PAYABLE.
THIS POLICY DOES NOT AUTOMATICALLY RENEW
COMMERCIAL GENERAL LIABILITY INSURANCE
\DAN- UNDERWRITER: DAN RISK RETENTION GROUP,INC.
(hereinafter called the"Insurer")offered through
RISK RETENTION GROUP DAN SERVICES,INC.
NAIC NO.15928 - SC COMPANY CODE:207640
6 W.Colony Place,Suite 200,Durham,NC 27705
DECLARATIONS PAGE
Named Insured Beaver Divers,Inc. d Policy Number: GL108-111322
DBA:Beaver Divers
Policyholder ID: 2977570
Address P.O.Box 3743 See Policy for a full description of terms,
City,State,Zip Vail,Colorado 81658 conditions,limitations&exclusions.
Schedule of additional Insured ii
NAME ADDRESS CITY STATE ZIP
Town of Avon 1 Lake Street Avon CO 81620
Silverthorne Recreation Center 430 Rainbow Drive Silverthorne CO 80498
Avon Recreation Center 90 Lake Street Avon CO 81620
Nottingham Lake 90 Lake Street Avon CO 81620
Homestead Crater 700 North Homestead Drive Midway UT 84049
Sylvan Lake State Park 10200 Brush Creek Road Eagle CO 81631
Scuba Diving International 1321 SE Decker Ave Stuart FL 34994
Emergency Response Diving 1321 SE Decker Ave Stuart FL 34994
Technical Diving International 1321 SE Decker Ave Stuart FL 34994