07-11-2015 Team Evergreen Triple Bypass Festival/on
COLORADO
2015 TEAM EVERGREEN 'TRIPLE BYPASS FESTIVAL AGREEMENT
THIS AGREEMENT is made and entered into on 4 :. 2015, by and between the Town of Avon ("AVON"), a
home rule municipality of the State of Colorado, with its principal offices at One Lake Street, Avon, Colorado,
81620 and TEAM EVERGREEN Bicycle Club, Inc., hereinafter referred t0 as the ("TEAM EVERGREEN"), a
Colorado Limited Liability Company with its principal offices at 1202 Bergen Parkway, Suite Soo, c/o Felde
Associates, Evergreen, Colorado 8o439•
in consideration of the mutual promises and agreements herein contained and for other good and valuable
consideration, and on behalf of themselves, their successors and assigns, the parties hereto agree as follows;
RECITALS
WHEREAS, the parties recognize the mutual benefits of TEAM EVERGREEN producing and AVON hosting the
4�25'h Annual Triple Bypass Finish Celebration" in .July 2015 ("FESTIVAL") it is the parties' intention that this
Agreement define the duties, obligations and conditions with respect to the production of the FESTIVAL so
that it is conducted in a manner and direction to be established by both parties; and so that this Agreement is
consistent with and governed by the provisions of the Avon Municipal Code, as may be applicable; and,
WHEREAS, the parties desire to set forth the terms and conditions of a Special Event Permit to use a portion of
Nottingham Park as defined below in paragraph 1 as the Premises; and,
NOW, THEREFORE, for good and valuable consideration, ncludingthe mutual promises contained herein, the
sufficiency of which is acknowledged and accepted by the parties, the parties agree as follows:
TERMS AND CONDITIONS
1. PREMISE - Execution of this Agreement shall constitute issuance of a Special Event Permit. This permit
grants TEAM EVERGREEN the right, and imposes the duty, to use the Premise as defined in this paragraph
for the purpose of producing the FESTIVAL on July 11, 2015, subject to compliance with the terms and
conditions of this Agreement. The "PREMISE" is defined as a portion of Harry A. Nottingham Park (as
depicted on Attachment A), but not including the Performance Pavilion, Picnic Shelter, Avon Recreation
Center, Lower Athletic Field, Basketball Courts, Sand Volleyball Courts, or "Tennis Courts. TEAM
EVERGREEN Is granted an exclusive right of use of the PREMISE from July 11, 2015 at boo a.m. through
10:00 p.m., July 11, 2015. TEAM EVERGREEN shall also have non-exclusive rights to access the PREMISE for
setup from July 10, at 7:00 a.m. through July to, 2015 at 7:00 p.m. TEAM EVERGREEN shall also have non-
exclusive rights to access the PREMISE on July 12, 2015 from 7.ao a.m. to 5:00 P.M. for the sole purpose of
FESTIVAL break -down and site clean-up.
2. MAXIMUM CROWD SIZE- TEAM EVERGREENagrees that the maximum crowd size will not exceed 5,000
people including paid participants, rider support, vendor and subcontractors, volunteers and event staff.
TEAM EVERGREEN will accurately and appropriately manage the crowd size through wristbands, counters
ora combination of both.
3. TEAM EVERGRE£NRESPONSIBILITIES
2015 TEAM EVERGREEN TRIPLE BYPASS FESTIVAL AGREEMENT
Page 1 of 5
3.1 PARK PREMISE SET-UP & TEAR DOWN PLAN — TEAM EVERGREEN shall provide a park set-up and tear -
down plan to the Town Manager or designee by 5:00 p.m., May 4, 2015, The plan shall include a
schedule for installation/removal and a map of all proposed structures including but not limited to
gates (entrance/exit and emergency blow-out), fences, catering kitchen, tents, portable facilities,
sound systems, and crowd management areas.
3.2 PARKING & TRANSPORTATION PLAN — TEAM EVERGREEN shall provide to the Town Manager or
designee, by 5:00 P.m., May 4, 2015, a plan which details mass transportation needs and parking
locations for all attendees.
3.2-1 The transportation plan shall detail what type transit services vvitIl be offered to paid participants
which need access to the PREMISE, including hours of service, length of vehicle, the number of
vehicles and estimated frequency of trips. AVON shall work with TEAM EVERGREEN to finalize
the parking and transportation plans by not later than May 25, 2015.
3.2.2 The transportation plan shall detail road closures requested for the bike course including hours
of closure and points/intersections of closures.
3.2.3 The transportation plan shall detail parking lots to be utilized for paid participants, rider
support, vendor and subcontractors, volunteers and event staff including hours of use and
number of volunteer/paid staffing for all parking lots.
3.2.4 Agreements with property owners for the use of parking lots shall be provided by not later
than May 4, 2015, to the Town Manager or designee
3.2.5 TEAM EVERGREEN shall provide directional signage plan by not later than May 4, 2015 which
shall detail the direction provided to both vehicular and pedestrian traffic. This plan shall
include types of signage used, quantity, location and installation/removal dates.
3.3 PEDESTRIAN TRAFFIC PLAN — TEAM EVERGREEN shall provide to the Town Manager or designee a
plan which details pedestrian ingress and egress from all parking lots utilized for the FESTIVAL by May
4, 2015. In addition, the plan shall provide for lighting of public pathways, where applicable, and the
volunteer/paid staffing for needed for safe ingress/egress to FESTIVAL.
3.4 ALCOHOL SECURITY PLAN — TEAM EVERGREEN shall provide to the Town Manager or designee a plan
which details the security and/or law enforcement needs for the FESTIVAL by May 4, 2015. The plan
shall include, but not be limited to, security needs for alcohol sales, crowd management, entry gate
security checks, communication plan for law enforcement and emergency response agencies, chain of
command, and external support from AVON and Eagle County Sheriff's office. Contracts for services
with security agencies shall be presented or a date to have such contracts shall be provided.
3-4.1 TEAM EVERGREEN shall provide adequate proof to the Town Manager or designee that
through fencing, crowd management measures, or other means, the main athletic fields
and other facilities in Nottingham Park are protected from damage.
3.5 ROUTE SAFETY PLAN — TEAM EVERGREEN shall provide to the Town Manager or designee a plan
which detail the law enforcement needs for route safety forthe FESTIVAL by May 4, 2015. The plan
shall include, but not be limited to number of law enforcement requested, hours of services and
location of officers. TEAM EVERGREEN shall be required to complete an Avon Police Department
Extra Duty Agreement in order to facilitate the procurement of law enforcement.
3.6 MEDICAL AND EMERGENCY RESPONSE PLAN — TEAM EVERGREEN shall provide to the Town Manager
or designee a plan which details the medical response and emergency response agencies and
protocols for the FESTIVAL by May 4, 2015. Contracts for services with emergency response agencies
shall be presented or a date to have such contracts shall be provided to the Town of Avon.
3.7 SANITATION& RESOURCE RECOVERY —TEAM EVERGREEN shall provide to the Town Manager or
designee a plan which details the sanitation facilities and resource recovery (reduction and recycling)
program by May 4, 2015. The plan shall cover the PREMISES, parking lots and pedestrian pathways to
and from parkiing lots. The number and location of portable sanitation facilities, clumpsters, trash cans,
recycling bins shall be provided as well as the timeframes detailed. Avon shall require copies of all
2015 TEAM EVERGREEN TRIPLE BYPASS FESTIVAL AGREEMENT
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contracts for services bynot later than July 1, 2015
3,8INSWRANCE& INDEMNIFICATION
3.8.1 TEAM EVERGREEN agrees toindeo1nif
ythe Town ofAvon, its officers, agents and employees,
and to hold them harmless against any and all claims, actions, demands or liabilities, including
attorney fees and court costs, for Injury, death, damage or loss to peoon(s)orproperty arising
out ofordirectly orindirectly resulting from TEAM EVERGREENS' actions oromissions in
connection with the conduct ofthe FESTIVAL.
3'8.2 TEAM EVERGREEN shall obtain generalliability insurance coverage within the minimum limits
set below naming AVON esanadditional insured and AVON and its officers, agents and
againstemployees any and all liability and damages which may arise out mfordirectly or
indirectly result from the conduct ofthe FESTIVAL. The policy dates shall include the eutilre
range wfdates for which Town property |sused. The minimum limits and requirements ofthe
coverage shall include: $*,00n,000per occurrence primary coverage, and$3o, ua|
aggregate; 3o days' notice of cancellation, host and general liquor liability insurance in the same
amounts listed above; $3"000*nbopersonal and advertising injury coverage, and $5u,0oofire
damage.
3.8.3 TEAM EVERGREEN shall provide to AVON proof of Comprehensive Automobile Liability
insurance for any private motor vehicles owned bYTEAM EYERCREEK8orits officers, agents, or
employees that are used as part of the FESTIVAL The insurance policy shall provide that it is
primary insurance and that its coverage will apply prior to utilization of AVON's general liability
coverage.
3.8,4 Written evidence of such general liability and alcohol liability policies and coverage shall be
provided to the Town Manager no later than June 1, 2015, at 5:00 p.m. All insurance policies shall
'benon-cancelable without thirty (3n) days prior notice toAVON.
3-8.5 The parties hereto understand and agree that AVON is relying on, and does not waive or intend
to waive by any provision of this Agreement, the monetary limitations (presently $150,000 per
person and $600,000 per occurrence) or any other rights, immunities, and protections provided
bythe Colorado Governmental Immunity Act, Section 24-lo-linutseq`loC.R^S.,asfrom time to
time amended, orotherwise available toAVON, its officers, agents, or employees.
3.8.6 TEAM EVERGREEN shall not berelieved ofany liability, claims, demands, orother obligations
assumed pns ntto paragraph6.1nfthis Agreement byreason ofits failure toprocure - or
maintain insurance or by reason of its failure to procure or maintain insurance in sufficient
amounts, duration, ortypes.
3.9 MISCELLANEOUS
3.9.1 UQUOR LICENSE: TEAM EVERGREEN shall besolely responsible for identifying a nonprofit to
acquire a liquor license for the FESTIVAL. Application for the license and all insurance and
indemnification requirements pursuant to AVON Municipal Code 5.o8.170 shall be the
responsibility of TEAM EVERGREEN and its'nonprofit. The application will be due to the Avon
Town Clerk not later than May 4, 2015
3.9.2 TEAM EVERGREEN shall provide signs at the entrance to the PREMISE statingthe rules for use
from Saturday, July 11, 2015 at,6:oo a.m. to Saturday, July 11, 2015, at lo:oo p.m. Signage for
FESTIVAL rules and attendee information at the PARK PREMISE shall be reviewed by AVON prior
to posting.
3�.3 Stakes are not tobodriven into the groundalon pathways,athletic fieldor
grassy areas with underground sprinkler -
own
Manager or designee.
3.9.4 TEAM EVERGREEN in its marketing and advertising shall notify attendees about alcohol and
marijuana restrictions, resource recovery priorities, parking and transportation systems, no
dogs allowed and all other matters deemed nec�ss�ryby$henow
Town Manager ordesignee for the
advanced informational needs ofFESTIVAL attendees.
3.9.5 Tothe extent licensed personnel, such aselectricians, medical, emergency response orhealth
2015 TEAM EVERGREEN TRIPLE BYPASS FESTIVAL AGREEMENT
official, are required to conduct certain services or inspections, TEAM EVERGREEN shall abide bv
these local and State/
3.9.6 TEAM EVERGREEN agrees tomake every effort toretain volunteers and paid staff
from qualified
persons residing
3.9,7 BOND - TEAM EVERGREEN shall deposit abond urother security instrument inaform
acceptable to the Town Manager and payable to the Town of Avon in the amount of $2,000.
The bond isintended tpsecure payment ofdamages, repairs, clean-up, or any other payment or
penalty due AVON under the terms of this Agreement. The bond is due at the Town of Avon
Finance office no later than 5:00 p.m. on July 1, 2015. The bond, less any appropriate funds for
payment, |fany, shall berefunded toTEAM EVERGREEN byJuly 3t2o15'
4. AVON RESPONSIBILITIES
^pAVON shall provide financial support in the amount of TEAM
EVERGREEN. Payment shall 6emade within thirty (3u) days ufexecution ofthis Agreement.
4.2 AVON shall provide in kind support to TEAM EVERGREENIn the amount not to exceed
hundred ($2,Soo.0o).In-kind support include:
4.2x Uptogoo linear feet ofstadium barricade fencing, not already ynuse and staff labor tninstall
and remove the fencing,
4-2.2 Uptoten ) Zero Hero stations bninclude tent, collapsible bins and all liners,
4.2.3 Uptofour &lportable VMS boards, 1mxxntents with s|devva|L
4.2.4 One Avon special event volunteer tpassist vvifthcommunity information,
4,16 Traffic control personnel to manage vehicular traffic between Avon Road, Riverfront Lane, Lake
Street and Benchmark Road, and
4.2.6 Traffic control material and devices.
4.3 AVON shall cooperate vvitbthenmarketingoftheeventbvsupport|ngtheusepftheTovvnofAvon
name and logo brands.
4.4 AVON will ensure that the electrical stubs and outlets in the Park and along Lake Street are in good
working order for the concessionaires. AVON shall provide 3-phasepower originating from the Avon
Performance Pavilion and/or Town Hall building onthe northern exterior wall
5. EVENT CANCELLATION -Either party may cancel the FESTIVAL in whole prinpart, for any substantial
reason of cancellation, neither party shall beliable tothe other
for any lost profits, lost revenues orconsequential damages.
5.1 The FESTIVAL may becanceled bythe Town Manager |fthe terms of this Agreement are not
substantially fulfilled lnatimely manner or in the event of an unforeseen catastrophic event, subject
toarighttomre' Should AVON deem any term or terms of this Agreement unfulfilled and wish .o
base cancellation thereon, AVON shall give TEAM EVERGREEN written notice and TEAM EVERGREEN
shall have 5business days tocure the term orsuch longer time asmutually agreedbythe parties.
Should TEAM EVERGREEN cure, this Agreement shall continue in full force and effect.
5^2 In the event of cancellation, AVON shall remit to TEAM EVERGREEN all bonds minus any FESTIVAL
related expenditure incurred AVON. cancels the FESTIVAL after AVON has
dedicated resources toward production and notice ofsuch cancellation b not given prior toJune x1,
2o1S°TEAM EVERGREEN shall pay AVON five thousand dollars ($5,uQo��sliquidated -danlagesvv�hn
3odmysoftheprevhmus�schedu|edpnoducdondat�
6~ RELEASE OFLIABILITY
6.1 AVON assumes ooresponsibility whatsoever for id | property placed in said ALL
PREMISES. AVON is hereby expressly released and discharged from any and all liabilities for any loss,
injury or damages to any person or property of TEAM EVERGREEN, its employees, agents, and
concessionaires or of any performer or spectatorthat may be sustained by reason of the occupancy of
2015 TEAM EVERGREEN TRIPLE BYPASS FESTIVAL AGREEMENT
the PREMISES under this License Agreement, except for the sale negligence of AVON or its officers,
agents, employees.
6.2 In the event PREMISES or any part thereof is damaged by fire or other natural causes or if for any
other reason, including strikes, failure of utilities, which results In cancellation of the FESTIVAL, or
which in the judgment of the Town Manager and Mayor, renders the fulfillment of this Agreement by
AVON impossible, TEAM EVERGREEN hereby expressly releases and discharges AVON and its officers,
agents and employees from any and all demands, claims, liabilities, and causes of actions arising from
any of the causes aforesaid.
7. NOTICES - Any notice to either party under this Agreement shall be in writing to the following addresses:
TEAM EVERGREEN BICYCLE CLUB, INC.
Ms. Jenny Anderson, Triple Ride Director
P.O. Box 3804
Evergreen, Colorado, 8o437-3804
COPY TO:
AVON
Town Manager, Town of Avon
P. O. Box 975
Avon, CO 8162o
COPY TO: Special Events Supervisor, Town of Avon, P.O. Box 975, Avon, CO, 8162o
S. DISPUTES - In the event that suit Is brought (or arbitration instituted) or any attorney is retained or
employed by any party to this Agreement to enforce the terms of this Agreement, to collect any money
due hereunder, or to collect any money damages for breach thereof, the prevailing party shall be entitled
to recover, In addition to any other remedy, reimbursement for reasonable attorney's fees or the
reasonable value of salaried attorney's time incurred in connection therewith. Venue for any action of
proceeding that arises out of any dispute under this agreement shall be in Eagle County, Colorado.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above
written.
TOWN OF AVON
By and Through its Town Manager
ATTEST:
By.
Debbie Hoppe, Tow iliclerk
By:
Virginia C. Egger, To / n f nager
Date:
te1,31 SD —
2015 TEAM EVERGREEN TRIPLE BYPASS FESTIVAL AGREEMENT
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