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11-15-2013 Starting Hearts Use of Lot 5 Parking AgreementLETTER OF AGREEMENT FOR USE {DF PARKING SPACE AT PUBLIC WORKS STORAGE LOT THIS LETTER OF AGREEMENT is entered into on November 15, 20113, between "Starting Hearts", doingbuxinessasaCo|VradoNonProf1Corponstion,PO8ox4J`8'Avon'[u|orado,andtheTuvvnof Avon (''Avon")' a Colorado Home rule municipality, located at One Lake Street, Avon. Colorado {individuaUyat"Party'' and collectively, the ''Rart(es"l The Town of Avon has received a request to support Starting Hearts, a nonprofit agency dedicated to saving lives of Sudden Cardiac Arrest victims through free CPR and AED training and programs, by permitting the use of one parking space on Tovvn of Avon Lot 5. The Town of Avon agrees to sUppob this request by n||ovvin� Starting Hearts to park their''Heart Rod" bus at 0375 Yoder Avenue, (LOT 5), Avon, Colorado as outlined in the following terms: Term. The 1enn shall be for one h` year, cornnnencincrNovember ,2013 and ending November 14,2o14' unless earlier terminated ashereinaf ter provided. I^ Renewal Term. -1 he of this Agnaernent shall automatically renew onthe same terms and, cnnditionsforuptotvvo /z)additinna|one'yearTenns,eachTenncnnnrnencingonNovember 5 and ending on November 14of the succeeding ca|endaryear. I Prennises, Lot 5 is currently dedgnated for Public Works Use and Vehicle Storage, and per this letter of agreement the Town shall lease one parking space tobe used to stone the bus used by Starting Hearts at the cost ofS�.00 per year. The parking location shall be determined bythe Road 8^ Bridge Superintendent and may be changed on occasion in order to manage and accommodate the various uses all the site. 6.1 Starting Hearts agrees that use of the Premises is "at your own risk". 6.2 The vehicle perked on the Premises included under this Letter of Aj�reennent shall be maintained in full running order. Axon reserves the right to rennovefnznn the Premises, at Starting Hearts cost, any vehicle that has not been restored to full running order by Letter of Agreement for Use of Parking Space at Town of Avon Lot 5 November 15,2013 Starting Hearts or their assigns for a, period of more than thirty (3o" days. 6.3 Starting Hearts aQreesbo immediately notify Avon ufaoy defElCtS or dangerous conditions in and about the Premises of which Starting Hearts becornes aware. 5tartingr Hearts agrees to reimburse Avon, upon demand bv Avon, for the cost mfnepair|ng any dannageto the Pren-flses caused by act's qr omissions of, Starting Hearts, I Premises. Avon represents that its tmcU|ties are adequately equipped to offer the services described herein. @. Termination. Starting Hearts orAvon may ��naeh Let�roA�ael�ntatnytne by providin-r written notice to Avon and Avon may terminate this LE,tter of Agreement at any time by providin'g,vvdtten notice. The Heart Rod shall be removed from the Premises in three (3) business days upon termination. 9' Indemnification. To the -fullest extent permitted by |avv, the Starting Hearts agrees to indemnify hold hanons 'he of�von, and its off�ers and its employees, 'from and against oU and ni liability, claims, and demands, on account of anv in/ury, loss, or da nacre, vvhich arise out of or are connec'ed with the use of the parking space, if such injurv, loss, or darnage, or any portion thereof, is caused by, or clairned to be caused by, the act, ornission, or othe,-faUlt of the Starting Hearts, or any officer, employee, or agent of the StartinIgHearts,orany other person for whom the 5tartin� Mearts is nasDons|b/e. The Starting Hearts shall investigate, hand|e, respond to, and provide defense for and defend against any such liability, claims, and demsnds, and to bear all other costs, and expenses re|ated thereto, including cOurt costs and avorneys' fees. Starting Hearts indennnificationobUpratiun shall not be construed tu extend- tmany injury, loss, or damage whichis caused bythe act, omission, or other fault of the Town, ofAvon. 10. Insurance Requirements. At all times during the term of this Agreement, Starting Hearts shaU carry and maintain in Full force, atStartinD7 Hearts" expense, the foUuvv|n� insurance coverage. Such policies shall include a provision requiring annininnurnof thirty (30) days' notice to Avon of substantial change or cancellation of coverage or insurance puOdes. General Comprehensive Liability insurance i1r an arnount Of $350,000 fM any injury per person In any single occurrence and s9go'000 for an injury �o tm/u or more persona in any single occurrence, fnc|ud/ng -the following coverage: property dannalge: underground explosion and collapse hazard; and Personal iniury. ComprehensiveAutornobi|e Liability insurance on a|| owned vehices used in connection with the services in an amount nf$35o,Oon per person and Sgg0.008 per occurrence combined single |innitf for bodily iniury and prope�ydarn��e. l%. Relationship of the Partie,5. The relationship between the Parties is that of independent contractor, and nothing herein shall be deemed or construed as creating m relationship nf principal and a�ent'partnership, iuint venture, orownership interest in the real property. 11 No Waiver of Governmenta[Imnnunity. Nothin, in this Agreement shaU be construed to waive Unnit' or otherwise modify any<lovernmento| immunity that rnay :)e avai|ab|e by |avvtmAvon its respective officials, employees, contractors. orac�ents` oranyother person acting on behalf o! Avon.and'inparticu|ar,governrnentalinnnnunityaffmrdedoravai|ab|e pursuant to the Colorado Governmental immunity Act, Title 24' Artide lo, Part uftho Colorado Revised Statutes. Letter of Agreement for Use ofParking Space at Town of Avon Lot5 wcmmmber§,zoi3 Page 2 Of 3 13. Notice. Any nmdce'dennond,or other cornrnunica�onrequ�edorpenn�tedtobe�venbyany Provision of the Lease shall be given in writing, delivered personally or sent by certified or registered mail, postage prepaid and return receipt reques1ed, or by overnight courier, vv|th shipping charges prepaid, address asfollows: To Avon: Town ofAvon Attn: Town Clerk One LakeStreet P1}. Box 975 Avon, CO 8182u Phone: 97o-748-4ouo TuStartincrHearts: Starting Hearts Attn: Lynn Blake PO Box 4]18 Avon, CO 81620 Phone: 971/0-3311-3983 14. 0oTh Beneficiaries. Nothing contained in this Agreemen- is intended to or shall create a contractual re|adonshipvvith' cause of action in favor of, ordaini for relief for, any third-party, indodingany agent' sub-consultant orsub-contractorofAvon or r-StarLing Hearts. Absolutely no th(rd1oarty beneficiaries are intended by ihisA-greennent. Any third'partyrecek/ing a benefit trom this |6Aisan incidental and unintended benef|ciaryon|y. I N WITN ESS WH EREC) F, the Parties hereto have executed this Letter of Agreement the day and year first above written. TOWN OF AVON, COLORADO By and, thirough its Town Manager STARTING HEARTS By and through its Founder Lynn Blak�o, Founder Starting Hear's Date: Letter of Agreement for Use of Parking Space atTown of Avon LOt9 November `5,2o13 /4C ®Rff CERTIFICATE ®F LIABILITY INSURANCE �.--� DATE (MM /DD 11/20/2013 013 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 Alpine Insurance Agency of Edwards, Inc. 0225 Main Street, 0-205 P.O. Box 2240 Edwards CO 81632 CONTACT NAME: Nicole Het zer ONE (970) 926 -1717 FAX (970)926 -1722 PH A/C No ADRESS:nicole @aiaedwards.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Genesee General of Colorado INSURED Starting Hearts, Inc. PO BOX 4318 Avon CO 81620 -4318 INSURER B Artisan & Truckers Casualty Co 10194 INSURERC: INSURER D: EACH OCCURRENCE INSURER E : A INSURER F: COVERAGES CERTIFICATE NUMBER:CL13111911261 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR 1550699 /12/2013 /12/2014 DAMAGE To N PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) _ $ 5,000 PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ X POLICY PRO LOC $ AUTOMOBILE LIABILITY O sBINEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS 01624157 -3 11/23/2013 5/23/2019 BODILY INJURY Per accident ( ) $ HIRED AUTOS -OWNED AUTOS PROPERTY DAMAGE (P are ccident $ BED $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNERIEXECUTIVE OFFICER /MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION (970)949 -5749 Town of Avon PO Box 975 Avon, CO 81620 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J McGalliard /NICOLE �— ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD