01-31-2003 EAGLE FIRE PROTECTION DISTRICT LIMITED LICENSE AND INDEMNITY AGREEMENTIf 0M I N S V, I''
LIMITED LICENSE AND INDEMNITY AGREEMENT
WHEREAS the Town of Avon is the owner of real property in Avon, Colorado
commonly known as Nottingham Lake (the "Property"), and
WHEREAS the Eagle River Fire Protection District ("Fire Department") wishes
to engage in training exercises on the Property on the night of February 15th, 2003, such
exercises to consist of the Fire Department conducting ice rescue training scenarios on
the Property, and
WHEREAS the Town of Avon has agreed to permit the Fire Department and its
personnel to conduct its exercises on the Property under the circumstances specified
herein.
NOW THEREFORE the parties hereto agree as follows.
1. The Town of Avon grants to the Fire Department and its personnel a license to
enter onto the Property February 15'h, 2003, for the purpose of conducting the above
mentioned training exercises.
2. The Eagle River Fire Protection District hereby agrees to indemnify, defend,
and hold the Town of Avon harmless from and against any and all claims of liability
relating to damages, of any kind, to property or persons, suffered as a result of the above
mentioned exercises of the Fire Department.
Name
Title
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Eagle River Fire Protection District
By: C rles Moore
Fire Chief
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DATE: . ( 3 DATE: `
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POST OFFICE Box 7950 • 0351 BENCHMARK ROAD • AvON, COLORADO 81620-7980
PHONE: 970-745-9665 • FAX: 970-949-0310 0 EMAIL: INFO@ERFPD.ORG
It
LICENSE FOR INSTALLATION OF COIN OPERATED MACHINE(S)
AGREEMENT made and entered into this 17th day of July 9
2003 , by and between Avon Recreation Center, Avon Town Hall, Avon Public
Works Facility , having its principal place of business at P.O. Pox 975,
Avon, Colorado 816:0 hereinafter referred to as the Proprietor, and
Alpine Vending & Video, Inc., having its principal place of business at
P.O. Pox 133, Avon, Colorado 81620, hereinafter called the Operator.
In consideration of the Mutual covenants and agreements herein
contained, the parties do agree as follows:
1. LICENSEE The Operator is granted the exclusive right and privilege
for a period of 5 years to provide snack and beverage vending
upon the premises of the Proprietor at such locations as mutually agreed
upon.
2. INSTALLATION AND SERVICE. Such vending machines shall be installed
by the Operator at its expense, and shall be placed, maintained, and
serviced by the Operator so as to insure that such machines are kept in
good working order and condition, and adequately stocked.
3. SERVICE PERSONNEL. The Operator's service personnel shall observe
all regulations in effect upon the premises of the Proprietor. The
Proprietor shall furnish to the Operator's service personnel necessary
identification passes required for entrance to or exit from the premises of
the Proprietor.
4. INSURANCE. The Operator, shall maintain such insurance as will hold
the Proprietor harmless against any claims arising out of the operation of
such vending machines upon the premises of the Proprietor and the sale of
food products therefrom.
5. COMPLIANCE WITH LAWS. The Operator shall comply with all laws,
ordinances, rules and regulations pertaining to the installation and
operation of such vending machines, and will hold the Proprietor harmless
against any fine, penalty, or damage for any actual or alleged failure on
the part of the Operator to comply therewith. The Operator will pay all
installation and license fees with respect to such vending machines.
6. STATEMENT OF SALES. Operator agrees to remit to Proprietor a
commission of $500.00 per month.
7. OWNERSHIP, OF MACHINE. The Proprietor acknowledges that such
vending machines are the sole property of the Operator, and that nothing in
this agreement or in the relationship between the parties will give the
Proprietor any proprietary interest in such vending machines.
8. RENEWAL. This agreement shall be automatically renewed for
successive 3 -year periods, unless either party gives written notice of
cancellation to the other party at least 30 days prior to the expiration of
the original term or of any renewal term.
Operator A01?5 Proprietor
9. REFUNDS. Operator will refund monies to Proprietor, which
Proprietor has advanced to customers for machine failures, upon
presentation of satisfactory evidence of same to Operator.
10. RIGHT TO CURE. In the event of a default under- any of the terms
and conditions set forth in this Agreement, the non-defaulting party shall
give wr-itten notice of the default. The defaulting par°ty shall then have
thirty (30) days to cure said default. In the unlikely event said default
is not cured at the end of the thirty day period, the non-defaulting party
has the option to cancel this Agreement.
11. OTHER PROVISIONS. Vending machines will be collected on a regular
basis, and may be witnessed by one of your employees. You will receive a
monthly statement with a breakdown of sales on a per machine basis.
This contract includes a community sponsorship for five major Town of Avon
events per year at no extra cost.
IN WITNESS THEREOF, the parties have signed this agreement as of the
date first written.
OPERATOR:
ALPINE VENDING & VIDEO, INC.
BY:
DANIEL F. SUNDAY
DATE:
POSITION:
MAILING ADDRESS:
P.O. Pox 975
Avon, Colorado 81620
DATE.
Z 63