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Hoop Vision Basketball DocuSign Envelope ID:CA83EFA0-0510-40E5-B0F6-5CBF7F4BB7OB AVon Avon Recreation CenterY cilit 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 Hoop Vision Basketball ("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 Outdoor Basketball Courts (Courts 1 and 2) at Harry A. Nottingham Park, located at 850 West Beaver Creek Blvd, Avon, CO ("Facility") for the purposes of Youth Basketball Clinics on June 12, 2023-June 14, 2023 from 8:00am- 3:00pm. 3.0 TERM. This Agreement shall commence on June 12, 2023, and shall expire on June 14, 2023. 4.0 PAYMENT. Rental payment shall be $20 per court per hour. An invoice will be sent to Hoop Vision Basketball 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. 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 Avon Facilities Rental Agreement Hoop Vision Basketball I January 2023—December 2023 Page 1 of 2 DocuSign Envelope ID:CA83EFA0-0510-40E5-B0F6-5CBF7F4BB7OB 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 AVON: r—DocuSigned by: By: Ati ,,,a�, 3/28/2023 Mich tl'rg�°° cr4eation Director Hoop Vision Basketball: r—DocuSigned by: By: kvitA, RISLiv. eln, 3/28/2023 -B98DC6D135914AE... Avon Facilities Rental Agreement Hoop Vision Basketball I January 2023—December 2023 Page 2 of 2 A CERTIFICATE OF LIABILITY INSURANCE DATE A E(MM/20/2 Y) 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 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 BOHART SCHOMBURG NAME: BOHART SCHOMBURG AGENCY PHONE 720-328-4983 FAX 720-328-4983 (A/C.No.Ext): (NC,No): 6810 N BROADWAY Unit B pDDRIESS: BSCHOMBURG@FARMERSAGENT.COM DENVER CO 80221 _ INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: State National Insurance Company 12831 INSURED INSURER B: HOOP VISION BASKETBALL INSURER C: 2295 E ASBURY AVE INSURER D: INSURER E: DENVER CO 80210 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE N W SR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ A X QGL001082 03/02/2023 03/020/2024 PERSONAL&ADV INJURY $ 1+000+000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Limit $ 25,000 A Accident&Health QAH000644 03/02/2023 03/02/2024 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION AVON RECREATION CENTER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OUTDOOR BASKETBALL COURTS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 850 W BEAVER CREEK BLVD ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ AVON CO 81620 BOHART SCHOMBURG ACORD 25(2010/05) ©1988-2010 0 D CO ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: OVE-0000429-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - AMATEUR SPORTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II — WHO IS AN INSURED is amended to include the following as additional insureds, but only with respect to the performance of their duties related to the conduct of your business and only at the direction of an insured: 1. Members of the governing body and/or its appointed officers; 2. Association, League,Team, Camp or School Officers or Officials; 3. Coaches, Managers,Trainers and their Assistants; 4. Game Officials and Referees, except for independent contractors who are paid a fee for their services; 5. Statisticians and scorers, except for independent contractors who are paid a fee for their services; 6. Groundskeepers and ushers; 7. Concession and refreshment stand workers, except for independent contractors who are paid a fee for their services; and 8. Individual participants and players, except that: a. No participant or player is an insured with respect to a claim or a "suit" brought by another participant or player covered under this policy. b. No "volunteer worker" is an insured for"bodily injury" or"personal and advertising injury" arising out of his or her providing or failing to provide professional health care services, Notwithstanding any other provision of this policy to the contrary, this coverage will be excess over any other valid and collectible insurance. SECTION V- DEFINITIONS, 20. "Volunteer Worker" is deleted in its entirety and replaced with the following: Volunteer worker" means a person who is not your"employee" and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid more than $5,000 per year as a fee, salary or other compensation by you or anyone else for their work performed for you. Independent contractors who are paid a fee, salary or other compensation are not considered "volunteer workers". All other terms and conditions remain unchanged. CG-GL-CW-0006(12/20) Includes material copyrighted by ISO Properties, Inc.,with its permission. Page 1 of 1 POLICY NUMBER: OVE-0000462-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NOTICE OF CANCELLATION (AMENDMENT OF CANCELLATION CONDITION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS and/or SECTION IV — PRODUCTS/COMPLETED OPERATIONS LIABILITY CONDITIONS is amended to include the following additional condition: In the event that we cancel this policy for any reason, other than for the nonpayment of premium, we will provide advance written notice of such cancellation to the entity(ies)or individual(s) shown in the Schedule below in accordance with the number of days stated. SCHEDULE Entity or Individual: Address: Number of Days Advance Written City of Scottsdale Preserve Director Notice of Cancellation 7447 East Indian School Road, Suite 300 (Other Than Scottsdale, AZ 85251 Ponpayment of Premium): 30 CG-GL-CW-0031 (12/20) Includes material copyrighted by ISO Properties, Inc., with its permission. Page 1 of 1 POLICY NUMBER: OVE-0000462-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: If, prior to the time of an `occurrence", you waive any right of recovery against a specific person or organization for injury or damage as required under an "insured contract", we will also waive any rights we may have against such person or organization. CG-GL-CW-0117(12/20) Includes material copyrighted by ISO Properties, Inc.,with its permission. Page 1 of 1