09-18-2015 NY@MX Productions,Inc AgreementAvon
COLORADO
September 19, 2015
LETTER OF FACTS, UNDERSTANDINGS AND AGREEMENTS
We, the undersigned agree to the following facts, understandings and agreements:
1. On the evening of September 18, 2015, the Avon Town Manager Virginia Egger was asked by
Mr. Scotty Stoughton, representing Mr. Carlos Mercado, who is authorized agent for
NY @MX Productions, Inc., to release $15,000 of Mr. Mercado's security deposit held by the
Town for the Cielito Lindo Festival. The funds were needed to pay the band Primavera,
which Mr. Mercado was not able to do at the time.
2. The Town Manager released the funds under the terms set forth in a letter dated September
18, 2015, which is attached.
3. Mr. Mercado has returned the $15,000 advance release today, September 191h, with a check in
the amount of $15,0oo. A copy of the check is attached.
4. Mr. Mercado and Mr. Stoughton, operating as Bonfire Entertainment, LLC, have told the
Town Manager that they have agreed between themselves on certain gate receipts for today
to meet the outstanding contractor costs owed to Bonfire Entertainment, LLC. It is not
known whether the gate receipts will meet the obligations. As a result, the Town, Mr.
Mercado and Mr. Stoughton have agreed:
5.1 The Town will deposit the $15,000 check, provided as a security deposit
reimbursement by Mr. Mercado, on Monday, September 21'.
5.2 The Town will conduct its review of the festival grounds on Sunday, September Zorn
and the morning of September 21't. Should the grounds be found to be without
damage, the Town may release up to $15,000 of the security to deposit directly to
Bonfire Entertainments, LLC for any balance of services still owed by NY @MX
Productions, Inc. to Bonfire Entertainment, LLC. The release of funds will be done
based upon a written statement to the Town from Mr. Stoughton calculating the
outstanding charges. Mr. Mercado will sign the written statement indicating the
accounting is correct.M1
5.3 The Town of Avon will promptly prepare a check to Bonfire Entertainment, LLC
should funds be owed, and reduce the security deposit in like amount.
5.4 The Town will not release any other security funds to NY @MX Productions, Inc. until v
all allowable costs, including but not limited to full payment of the Admission Ticket
Fee, have been satisfied.
Post Office Box 975 1 One Lake Street I Avon, CO 81620 970 -748 -4000 1 www.avon.org
As a condition of these agreements, it is explicitly understood that all parties will fully meet all
obligations to each other as agreed to production of the Festival, whether agreements are in writing
or verbal.
SIGNATURES:
My signature verifies that I have read the above letter and agree and will carry out all conditions as
stated above.
Mr. Carlos Mercado, NY@a MX Productions, Inc.
My signature verifies that I have read the above letter and agree and will carry out all conditions as
stated above.
Mr. sK6y-Ai6 ht ire Entertainment, LLC
My signature verifies that I have read the above letter and agree and will carry out all conditions as
stated above.
Ms. Virginia C. Egger on Town Mang r
Page 2 of 2
A
Avon
COLORADO
September 18, 2015
Mr. Pedro Barajas
Primavera
Re: Release of security deposit to Carlos Mercado for payment of Primavera band fee
Dear Mr. Barajas,
This letter verifies that I am releasing $15,00o of the security deposit held by the Town of Avon with
the permission of Mr. Carlos Mercado for direct payment to you for fees owed to your band for
tonight's performance by Primavera. Mr. Mercardo has signed this letter verifying that I may release
security deposit funds directly to you. It is explicitly understood that you will take the stage and
perform promptly and play to 10:15 p.m. A full stop must be made at 10:15 p.m.
Sincerely,
Virginia Egger, Town Manager
My signature verifies that I agree and will carry out all conditions as stated above.
Mr. Carlos Mercado
Post Office Box 975 1 One Lake Street I Avon, CO 81620 1970-748-40001 www.avon.org
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