Loading...
Vail Club 50 Pickleball Court Agreement 2024 DocuSign Envelope ID: 13E77787-1C89-465D-B4A6-352660C59492 Avon Recreation Center A\/' Facility 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 Vail Club 50 ("Renter"). This Agreement is effective upon execution by the Renter and following execution by the Recreation Director on the date indicated below. 2.0 FACILITY USE. The Town hereby rents to Renter the use of the Town of Avon Outdoor Pickleball Courts (Courts 4, 5 and 6) on Thursdays and courts 5, and 6 on Tuesday mornings with the option of purchasing an additional court (court 4). Avon Courts are located at 850 West Beaver Creek Blvd, Avon, CO ("Facility") for the purposes of in accordance with the following schedule: Thursdays, June 11 -September 26, 2024 (No rental on Thursday, July 4, 2024), from 3:00pm -5:00pm. Tuesdays, June 11-September 26, from 7:30am-8:45am. 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 June 11, 2024 and shall expire on September 26, 2024. Courts will not be available on Thursday July 4, 2024. PAYMENT. Rental fees will be $20 per court per hour. If there is inclement weather, Renter would not be charged for that day. A monthly invoice will be sent to Vail Club 50 and payment will be due within 30 days of receipt. 4.0 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. 5.0 ADDITIONAL REQUIREMENTS. 5.1. Renter had inspected the Facility and accepts the Facility in such condition at the commencement of the Agreement. 5.2. Renter shall immediately report to the Town any observed hazards, dangerous conditions or other conditions that may pose a risk of personal injury. 5.3. 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. Avon Facilities Rental Agreement DocuSign Envelope ID: 13E77787-1C89-465D-B4A6-352660C59492 5.4. 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 court rules. 6.0 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. 7.0 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. 8.0 ASSIGNMENT. This Agreement shall not be assigned by the Renter and any assignment without the prior written consent of the Town shall be void. 9.0 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. 10.0 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. 11.0 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: DocuSigned by: pDocuSigned by: 11tiait� Alta 111: By. 02,AF81Wn134AC Attest.'-E8BEC1E4B9B740A Michael Labagh, Recreation Director Jerrica Miller, Recreation Services Superintendent Vail Club 50: DocuuSignneed by: "v By' 83558g^85g73neg Alan Solow, President of Vail Club 50 Avon Facilities Rental Agreement DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 01/31/2024 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 Robert Mitchell NAME: StateFarm Cathy Thompson State Farm Insurance PHONr EXt): 970-926-1600 FA/c,No): 970-926-1658 27 Main St.Suite 108 E-MAIL robert.a.mitchell.va ut statefarm.com 0 ADDRESS: Edwards,CO 81632 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: State Farm Fire and Casualty Company 25143 INSURED INSURER B: Vail Club 50 INSURER C: PO BOX 2789 INSURER D: Avon,CO 81620-2789 INSURER E: 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RETE CLAIMS-MADE X OCCUR PREMISES Ea occur ence) $ 1 000 000 MED EXP(Any one person) $ 5,000 96-CC-N308-7 09/01/2023 09/01/2024 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X PRO- LOC PRODUCTS-COMP/OP AGG $ 4,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE 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 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Avon ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 975 Avon,CO 81620 AUTHORIZED REPRESENTATIVE /CNT6)•f ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-16-2016