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06-23-2016 Third Amendment to the 2016 Coverrock Festival Agreement - Avon Pavilion Stage Curtain Management AgreementII THIRD AMENDMENT TO THE 2o16 COVERROCK AND TOWN OF AVON FESTIVAL AGREEMENT Avon Pavilion Stage Curtain Management Agreement THIS THIRD AMENDMENT ( "Amendment ") to the 2016 COVERROCK FESTIVAL AGREEMENT, originally dated January 15, 2015 ( "Agreement "), and amended on February 10, 2o16, is made and entered into this 23rd day of June, 2oi6, 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, 8162o and TRUE LOCAL EVENTS, LLC, a Colorado Limited Liability Company, which is producing the CoverRock Tribute Festival ( "COVERROCK "), with its principal offices at 275 Main Street Garnet U2oi Edwards, Colorado, 81632. AMENDMENT Pursuant to the above referenced Agreement, AVON and TRUE LOCAL EVENTS, LLC agree to amend the 2o16 COVERROCK FESTIVAL AGREEMENT as set forth herein. All other terms of the Agreement shall remain in full force and effect, including but not limited to provisions concerning insurance and indemnification. RECITALS WHEREAS, TRUE LOCAL EVENTS, LLC shall be using the Avon Pavilion, which has a retractable stage curtain, which shall be open during the COVERROCK; and, WHEREAS, the parties desire to set forth the terms and conditions of how the stage curtain shall be managed and used during the COVERROCK. NOW, THEREFORE, for good and valuable consideration, including the mutual promises contained herein, the sufficiency of which is acknowledged and accepted by the parties, the parties agree as follows: TERMS AND CONDITIONS 1. TRUE LOCAL EVENTS, LLC and AVON have agreed that: 1.1 AVON shall install and wrap a Pre -wind Wall (PWW) on the western side of the stage curtain for COVERRROCK on June 23, 2o16, by not later than 5:oo PM. Location of the PWW is shown in the Exhibit below. 1.2 COVERRROCK shall review the PWW with the Town Engineer or his designee and accept as constructed or with mutually agreed to changes to the construction. 1.3 AVON shall have no responsibility to maintain or monitor the PWW after COVERROCK accepts the PWW, as constructed, through Monday, June 27, 2o16, at 5:oo PM. 1.4 Once COVERROCK accepts the PWW as constructed, COVERROCK may add additional materials to the PWW in any manner it desires and agrees any additional materials shall include wind slits to allow the flow of breezes and /or wind through the additions. 1.5 COVERROCK has stated to AVON and AVON has agreed the stage curtain shall be open beginning on June 23, 2o16 at g:oo AM and shall not be closed during COVERRROCK at any time under any weather condition through Monday, June 27, 2ol6, at 5:oo PM. Avon Pavilion Stage Curtain Page i of 3 z. Signatures IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Z i 1� i �l ►[ i I y �l � I ►1 f .gFj4Mgjf.Aj :jTl4 kII Avon Pavilion Stage Curtain Page 2 of 3 EXHIBIT LOCATION OF PRE -WIND WALL Avon Pavilion Stage Curtain Page 3 of 3