06-29-2016 Settlement and Release Agreement Wondergrass LLC and SynaesthesiaxSettlement and Release Agreement
This Settlement and Release Agreement ( "Agreement') is entered into by and between the Town of Avon, a
Colorado home rules municipal corporation ( "Town "), Wondergrass LLC, a Colorado Limited Liability Company
( "Wondergrass "), Symbiotic Events ( "Symbiotic "), and Synaesthesiax ( "Synaesthesiax ") on June 29, 2016,
collectively referred as the "Parties ".
WHEREAS, certain damage to lighting equipment rented by Symbiotic from Synaesthesiax for the benefit of
Wondergrass occurred at the Winter Wondergrass Festival held at the Avon Pavilion on or about February 18, 2016,
due to the failure of a curtain wall during a wind event; and,
WHEREAS, the Parties have discussed potential liability, cost contribution and resolution of potential claims related
to the damage to lighting equipment and desire to settle and release any and all claims related to the damage to the
lighting equipment.
NOW, THEREFORE, the Town, Wondergrass, Symbiotic and Synaethesiax agree as follows:
1. Town agrees to pay to Synaesthesiax THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500.00)
('Payment') as full and complete settlement of any and all claims which Wondergrass, Symbiotic and Synaesthesiax
may potentially assert against Town related to damage to the lighting equipment. Wondergrass, Symbiotic and
Synaesthesiax each agrees that receipt of the Payment by Synaesthesiax shall constitute full and complete
satisfaction of any claims which Wondergrass, Symbiotic and Synaesthesiax may assert, or could have potentially
asserted, against the Town arising in any manner from the damage to the lighting equipment and that the Town, its
officials, employees and agents, shall be forever released by Wondergrass, Symbiotic and Synaesthesiax from any
potential claims against the Town arising in any manner from the damage to the lighting equipment.
2. Wondergrass, Symbiotic and Synaesthesiax each agree to indemnify and defend the Town from any claims
against the Town asserted by any third party arising from damage to the lighting equipment.
3. The Town does not admit any liability or fault concerning damage to the lighting equipment by entering into
this Agreement and does not in fact waive any defense that the Town may be able to assert for any claims arising
from the damage to the lighting equipment.
4. Town, Wondergrass, Symbiotic and Synaesthesiax each acknowledge that each party has been advised by
its respective legal representative prior to executing this Agreement. Town, Wondergrass, Symbiotic and
Synaesthesiax each represent to the other Parties that the party signing this Agreement is properly authorized to
represent and bind the respective party to the terms of this Agreement.
AGREEMENT READ, UNDERSTOOD AND ACCEPTED:
Town of Avon
By: v6-%
Virginia C. Ec
Wondergrass, LLC
2
I
Attest: 0" )- & lLa
Manager Debbie Hoppe, Town CIA
Scotty Stouftonja,% manager of Wondergrass LLC
Symbiotic Events Synaesthesiax
By: By:
CWN '
Jeffrey S4 ager Matthew C. Jones