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07-11-2016 2016 Outlaws & Legends,ovo n FIRST AMENDMENT TO THE zo16 OUTLAWS & LEGENDS AND TOWN OF AVON FESTIVAL AGREEMENT Avon Pavilion Stage Curtain Management Agreement THIS FIRST AMENDMENT ( "Amendment ") to the 2016 OUTLAWS & LEGENDS FESTIVAL AGREEMENT, originally dated March 21, 2o16 ( "Agreement "), is made and entered into this 11th day of July, 2o16, 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 BACKPORCH PRODUCTIONS, LLC ( "BACKPORCH ") a Texas Limited Liability Company with its principal offices at 4318 La Hacienda Drive, Abilene, TX 79602. AMENDMENT Pursuant to the above referenced Agreement, AVON and BACKPORCH PRODUCTIONS, LLC agree to amend the 2o16 OUTLAWS & LEGENDS FESTIVAL AGREEMENT ( "FESTIVAL ") 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, BACKPORCH PRODUCTIONS, LLC shall be using the Avon Pavilion, which has a retractable stage curtain, which shall be open during the FESTIVAL; and, WHEREAS, the parties desire to set forth the terms and conditions of how the stage curtain shall be managed and used during the FESTIVAL; 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. BACKPORCH PRODUCTIONS, 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 the FESTIVAL on July 27, 2o16, by not later than 5:00 PM. Location of the PWW is shown in the Exhibit below. 1.2 BACKPORCH 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 BACKPORCH accepts the PWW, as constructed, through Sunday, July 31, 2o16, at 12:00 PM. 1.4 Once BACKPORCH accepts the PWW as constructed, BACKPORCH may add additional materials to the PWW in any manner it desires and agrees any additional materials shall include wind cuts to allow the flow of breezes and /or wind through the additions. 1.5 BACKPORCH has stated to AVON and AVON has agreed the stage curtain shall be open beginning on July 28, 2o16 at 7:oo AM and shall not be closed during the FESTIVAL at any time under any weather condition through Sunday, July 31, 2o16, at 12:00 PM. Avon Pavilion Stage Curtain Page 1 of 3 2. Signatures IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. TOWN OF AVON By: Virginia C. Egger, Tow a ager DATE: 7' // , 2016 BACKPORCH PRODUCTIONS, LLC By: 4� 4 Mark Powell, President /Owner DATE: 77— // , 2016 Avon Pavilion Stage Curtain Page 2 of 3 EXHIBIT LOCATION OF PRE -WIND WALL Avon Pavilion Stage Curtain Page 3 of 3