05-27-2016 Second Amendment to the 2016 Avon LIVE Concert Seriesril�a
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SECOND AMENDMENT TO THE
2o16 AVON LIVE CONCERT SERIES AGREEMENT
Avon Pavilion Stage Curtain
Wind Management Agreement
THIS AMENDMENT ( "Amendment ") to 2o16 Avon Live Concert Series Agreement, originally dated May 27, 2o16, is
made and entered into the 13T" day of June, 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 Peak
Performances (PEAK), which is producing the Avon Live Concert Series, including the Boulder Symphony
( "CONCERTS "), a Colorado Corporation with its principal offices at 44o D. Street, Golden, CO 80401.
AMENDMENT
Pursuant to the above referenced Agreement, AVON and PEAK agree to amend the 2o16 Avon Reds, Whites &
Brews 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.
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WHEREAS, PEAK shall be using the Avon Pavilion, which has retractable stage curtain, which may be opened or
closed 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 CONCERTS.
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. PEAK and AVON have agreed that: (Check one box)
❑ PEAK will not require AVON Wind Management Protocol described in Section z below for the
Pavilion stage curtain and will accept the stage curtain in an as is condition under the terms of
Paragraph 1 Premises & Rights of Use. PEAK agrees that the opening and closing of the curtain
will be done in the sole discretion of the Producer, using not less than two persons at all times for
opening and /or closing of the stage curtain.
AVON shall participate in the Wind Management Protocol as described in Section z below for the
stage curtain for PEAK as described below, but no PWW shall be installed.
❑ AVON shall install a PWW for the FESTIVAL for each day PEAK has the exclusive or nonexclusive
use of the PREMISES and shall participate in the Wind Management Protocol as described in
Section z below. The location of the PWW is depicted in the attached EXHIBIT. Once the PWW is
constructed, the stage curtain shall be closed and remain closed, unless wind speeds mandate the
curtain be open, as described in Section 2.7 below.
Avon Pavilion Curtain - Wind Management Agreement
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z. Wind Management Protocol
2.1 AVON has designated the Town Engineer or his designee(s) as the on -site Avon Wind Monitor
(AWM).
2.2 FESTIVAL shall designate the stage manager (SM) or other representative to be solely responsible
to the AWM by not later than June 14, 2o16.
2.3 If a PWW has not been installed, PEAK will provide to the AWM the daily schedule for the curtain
to be open or closed by not later than 48 hours prior the each CONCERT date. The AWM will be
responsible for the implementation of the curtain plan, subject to the conditions in Sections 2.5 —
z.7.
2.4 The AWM shall place an anemometer on the Pavilion not later than 48 hours before each
CONCERT date, and review its working condition with the SM.
2.5 The AWM shall review the wind speed forecasts as produced by the National Weather Service
(NWS) for each day PEAK has the exclusive or nonexclusive use of the PREMISES, and provide to
the SM the 24 -hour wind speed ( "24HWS ") forecast for each day of Pavilion use, by not later than
9:oo a.m. of the use day.
2.6 If the 24HWS forecasts wind speeds of 15 mph or less and /or wind gusts of less than zo mph,
the stage curtain shall remain open, unless the plan presented in Section 2.3 requests that the
curtain is to be closed at any time. AWM shall review the 24HWS forecast periodically, but
take no action to close the curtain for wind speeds, should the forecast remain the same.
2.7 If the 24HWS NWS forecasts wind speeds of 15 mph or higher; or wind gusts greater than zo
mph the AWM shall provide to the SP a curtain management plan for the day, which may
include the opening of the curtain by AVON. As a general practice, while the manufacturer
has stated the curtain, when closed, can be expected to withstand a wind speed of 45 mph,
AVON has determined, at this time, that the curtain shall always be opened when the forecast
is for sustained wind or gusts of wind at or above 30 mph.
3. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
TOWN OF AVON
By:
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Virginia C. Egger, To M nager
DATE: TO , 2016
Avon Pavilion Curtain - Wind Management Agreement
By:
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Mike O'Brien, President
DATE: 07/13/ , 2o16
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EXHIBIT
LOCATION OF PRE -WIND WALL
Avon Pavilion Curtain - Wind Management Agreement
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