07-18-2016 2016 Lake Street Union FestivalAvon;
206 LAKE STREET UNION FESTIVAL
THIS AGREEMENT is made and entered into on July 18, 2016, 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, 81620 and Pine Productions,
hereinafter referred to as ( "PINE"), a Colorado Limited Liability Corporation with its principal offices at Post Office Box 5o83,
Vail CO 81658.
In consideration of the mutual promises and agreements herein contained and for other good and valuable consideration, and
on behalf of themselves, their successors and assigns, the parties hereto agree as follows:
RECITALS
WHEREAS, the parties recognize the mutual benefits of PINE producing and AVON hosting the 2016 Lake Street Union Festival on
September 17, 2016 ( "EVENT "). It is the parties' intention that this Agreement define the duties, obligations and conditions with
respect to the production of the EVENT so that it is conducted in a manner and direction which meets the needs of the
community as established by both parties, and so that this Agreement is consistent with and governed bly the provisions of the
Avon Municipal Code, as may be applicable; and,
WHEREAS, the parties desire to set forth the terms and conditions of a Special Event Permit to use a portion of Harry A.
Nottingham Park and Pavilion as defined below in paragraph 1 as the PREMISES.
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. PREMISES & RIGHTS OF USE - Execution of this Agreement shall constitute issuance of a Special Event Permit. AVON
waives the $loo application fee pursuant to Avon Municipal Code Section 9.40. This permit grants PINE the right, and
imposes the duty, to use the PREMISES as defined in this Agreement for the purpose of producing the EVENT on September
17, 2o16, subject to compliance with the terms and conditions of this Agreement.
1.1 The proposed production of the EVENT is provided in Exhibit A (Lake Street Union Event Proposal: September 17, 2016).
1.2 The site of the EVENT is depicted on Exhibit B (herein referred to as the "ALL PREMISES ") and includes the Pavilion
(stage deck, event terrace, viewing plaza, green room and scissor lift room), all paths of access leading to and from the
Pavilion, Picnic Shelter and adjacent grassy area and Nottingham Lake. The ALL PREMISES do not include the Avon
Recreation Center, Lower Athletic Field, Basketball Courts, Sand Volleyball Courts, Tennis or Pickleball Courts. PINE
acknowledges the renovation of the park restrooms are expected to be under construction during the period of the
EVENT.
1.3 PINE is granted an exclusive right of use of the YOGA /SUP PREMISES and DOGA CLASS PREMISES on September 17,
2016, from 6:00 a.m. through 6:oo p.m. PINE is granted a non - exclusive use of the LAKE PREMISES on September 17,
2016, from 6:oo a.m. through 6:oo p.m. PINE may request, as a result of weather or catastrophic events, an extension or
delay of the aforementioned timelines, after which AVON may approve the request in writing. Approval of the request
from PINE for an extension or delay of the agreed upon timelines will not be unduly withheld by AVON.
2. PERFORMANCE HOURS - AVON and PINE agree the EVENT may conduct Yoga and SUP Workshops, DJ Music and Doga
Classes from 8:00 a.m. through 5:00 p.m. on September 17, 2016. Should PINE plan to use amplified or acoustic sound,
2o16 LAKE STREET UNION FESTIVAL AGREEMENT
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PINE shall apply for an Outdoor Use of Amplified Sound Permit, from AVON. PINE shall complete and submit a Sound
Permit Application pursuant to Avon Municipal Code 5.24 by not later than August 15, 2016. AVON agrees to waive the $25
Sound Permit Application Fee.
3. ESTIMATED ATTENDANCE SIZE —PINE estimates the EVENT may attract up to one hundred sixty -five (165) persons on the
EVENT day. PINE shall provide for the services described in Section 4 below for the estimated attendance of 165 persons.
4. PINE RESPONSIBILITIES
4.1 EVENT MARKETING, PHOTOGRAPHYIVIDEO & SUCCESS METRICS —PINE shall provide the following services for the
EVENT during the term of this Agreement for the successful production of the EVENT:
4.1.1 EVENT Marketing - PINE, in any of its marketing and advertising, shall notify attendees about alcohol and
recreational marijuana restrictions, resource recovery priorities, that no pets are allowed (with the exception
of Doga Class Premises) and all other matters deemed necessary by the Town Manager or designee for the
advance informational needs of EVENT attendees. The Town Manager or designee is available to review
marketing materials upon request.
4.1.2 Photography/Video —PINE agrees to provide AVON not fewer than five (5) professional quality reproducible
photographs and not less than ninety (9o) seconds of unedited video, if available of the EVENT for use in any
and all AVON marketing and or promotions to include but not limited to print, web, social channels,
television, etc..
4.1.3 Success Metrics - Event Intercept Survey /Post -Event Survey - PINE shall conduct survey of its attendees. The
survey instrument, at a minimum shall ask participants his or her home town, number of nights attendees
stayed in local paid lodging, if not a local attendee. The survey results shall be provided to AVON by not later
than September 22, 2016.
4.2 PAYMENT OF ADMISSION TICKET FEE - PINE shall meet the requirements of Resolution 15 -08 and attached hereto as
Exhibit C. By not later than September 19, 2o16, PINE shall provide a summary of tickets sold and pay at that time a
$3.00 per ticket as required by Resolution 15 -o8.
4.2.1 Up to twenty (20) complimentary single -day or single event admissions for PINE guests.
4.3 ALL PREMISES SET -UP & TEAR DOWN PLAN - PINE shall provide an ALL PREMISES set -up and tear down plan to the
Town Manager or designee by 5:00 p.m., August 22, 2016. The plan shall include a schedule for ADA areas, vendor
spaces, tables, seating, Workshops, Doga Classes and other areas of EVENT elements. Limited vehicular travel lanes
to the ALL PREMISES will be designated by the Public Works Director or designees with set load -in and tear down
times. Vendors will not be allowed to re -entry the ALL PREMISES with a vehicle outside of the set load -in and tear
down times. No vendor may bring more than one vehicle to the ALL PREMISES. In the event of rain, the Public Works
Director or designee may limit vehicle access onto the field at any time to protect the field from damage.
4.4 LIQUOR- PINE shall be not serving alcohol at any time on September 17, 2016.
4•5 VENDOR & LICENSING — PINE shall provide a list of vendors to the Town Manager or designee by S:oo p.m. on August
22, 2016. The vendor list shall include the business names /dba, physical address, mailing address, phone number,
email address, contact name, type of activity, how the Avon Special Event Vendor License payment will be received,
selling or not selling, and if the business is an existing Avon business.
4.5.1 In selecting vendors and sponsors, PINE acknowledges and shall abide by AVON's restrictions to
Marijuana Businesses as outlined on Exhibit D.
4.5.2 PINE shall provide the following sales tax filing instructions to all selling vendors:
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4.5.2.1 Go to www.avon.org and click on the "Online Payments" button located at the bottom of the
home.page;
4.5.2.2 Vendors who have not been on MuniRevs before will need to register by clicking "New User"
to apply for an account; then follow the online steps provided. If a vendor needs assistance
they should contact support@munirevs.com or call 888 -751 -1911.
4.5.2.3 Vendors that are currently registered, will access by clicking "Existing Users "; they will login
to their account and access "Manage Your Business" to register for a Special Event Vendor
License account. if a vendor needs assistance, they should contact support@munirevs.com
or call 888 -751 -1911.
4.6 STAFFING — PINE shall be responsible for all staffing and volunteer needs of the EVENT. PINE agrees to make every
effort to retain volunteers and paid staff from qualified persons residing in the Town of Avon or Eagle County.
4.7 OPERATIONS & EQUIPMENT - PINE shall be responsible for all EVENT operations, equipment, and all equipment
rentals for the EVENT.
4.8 SECURITY PLAN — PINE, at its option, may retain security services. AVON shall not increase the Avon Police
Department's routine patrol staffing on September 17, 2o16.
4.9 MEDICAL AND EMERGENCY RESPONSE — PINE, at its option, may retain medical and /or emergency response agencies
to assist with the EVENT.
4.10 SANITATION & RESOURCE RECOVERY -PINE shall provide a statement for its sanitation facilities, resource recovery
(composting and recycling) and cleaning program by August 22, 2o16. The plan shall cover the ALL PREMISES, and
pedestrian pathways to and from the Pavilion. The number and location of portable sanitation facilities, dumpsters,
and trash cans shall be provided, with times of placement and removal.
4.11 PARKING & TRANSPORTATION PLAN — PINE has estimated its attendance of not more than 165 persons. No parking
or transportation plan is required for this sized event.
4.12 INTERNET ACCESS -AVON contracts with Comcast for all wireless services related to Town business. PINE may use
Comcast provided internet service for lawful purposes only. Any transmission or re- transmission of material in
violation of any federal or state laws or regulations is expressly prohibited. This extends to and includes, but is not
limited to, any copyrighted materials, content communications deemed to be abusive, threatening or obscene, or any
content or communications prohibited by trade secrets.
Through Comcast, AVON shall provide access to the internet for the ALL PREMISES only, through TOA- Public secured
with an EVENT password for the express use of EVENT merchandise sales, vendor booth sales and media only. TOA-
Public bandwidth is loo megabits down /20 megabits up. Under no circumstances shall PINE share the passcode with
the general public.
4.13 PAVILION USAGE & ALL PREMISES INSPECTION — PINE and AVON shall jointly perform and document a pre -EVENT
inspection of the ALL PREMISES not later than 4:00 p.m. on Friday, September 16, 2o16, and a post -EVENT inspection
of the ALL PREMISES on Sunday, September 18, 2016, by not later than at 1o:oo a.m. PINE shall notify the Avon Town
Manager or designee of any problems or damage that may have occurred during the EVENT during the post -EVENT
inspection.
4.13.1 PINE agrees to abide by the guidelines detailed in the Avon Performance Pavilion Technical Specifications
and attached as Exhibit E.
4.13.2 In addition, the following guidelines shall be observed for usage of the Pavilion:
4.13.2.1 Use the Pavilion only in the manner permitted by this Agreement and shall not use or permit the use
of the Pavilion for any other purpose or any other reasonably objectionable or unlawful act.
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4.13.2.2 PINE shall not install, place, inscribe, paint or otherwise attach and shall not permit any banner, sign,
advertisement, notice, marquis, or awning on or within the Pavilion, without the prior review and
consent of AVON in each instance. PINE shall, at its own expense, provide and maintain in first -class
condition all permitted signs and shall, upon the expiration of this Agreement, at its own expense,
remove all such permitted signs and repair any damage caused by such installation and/or removal.
AVON shall have the right to remove all non- permitted signs without notice to PINE, at the expense
of the PINE.
4.13.2.3 By Order of the Eagle River Fire Protection District, PINE will ensure that NO THEATRICAL SMOKE
without approval is blown on the Pavilion and NO PYROTECHNICS OF ANY SORT are to be detonated.
Decorative open flame, fire pits, patio style heaters and /or fire performers are only permissible if
permitted through, and approved by Eagle River Fire Protection District. Cooking of any sort by hot
plate, open flame, grill, etc. is not allowed in the Green Room (including restroom).
4.13.2.4 PINE acknowledges and agrees that AVON is permitting PINE to use the Pavilion in its "as is"
condition and AVON shall be under no obligation to replace, upgrade or otherwise modify the facility.
4.13.2.5 PINE shall not make alterations, additions or improvements on or to the Pavilion without the prior
written consent of AVON, to include, but not limited to tenting, catering equipment and portable
facilities. All such work shall be performed in a good and workmanlike manner. All alterations,
additions or improvements upon the Pavilion shall be removed from the Pavilion by September 17,
2o16, at tt:oo p.m. PINE shall be liable for any damage to the Pavilion or adjacent Town Property
caused by the installation or removal of any alteration, addition or improvement. AVON may take
action to repair and restore any damage caused by PINE and PINE shall be liable for such costs,
including reasonable attorneys' fees and costs to enforce this Agreement.
4.13.2.6 PINE shall complete the Avon Pavilion Stage Curtain Wind Management Plan and attached as Exhibit
F, by not later than August 22, 2016, at 5:00 p.m. and provide to the Town Manager or designee.
4.14 CERTIFIED CHECK — PINE shall deposit a certified check to the Town Manager or designee and payable to the Town of
Avon in the amount of $1,000. The funds are to secure payment for damages, repairs, clean -up, or any other payment
or penalty due AVON under the terns of this Agreement. The certified check is due no later than 5 :00 p.m. on
September 10, 2016. The funds, less any appropriate funds for payment, if any, shall be refunded to PINE by
September 24, 2o16.
4.15 INSURANCE & INDEMNIFICATION
4.15.1 PINE agrees to indemnify the Town of Avon, its officers, agents and employees, and to hold them
harmless against any and all claims, actions, demands or liabilities, including attorney fees and court
costs, for injury, death, damage or loss to person(s) or property arising out of or directly or indirectly
resulting from PINE'S actions or omissions in connection with the conduct of the EVENT.
4.15.2 AVON agrees to indemnify PINE, its officers, agents and employees, and to hold them harmless against
any and all claims, actions, demands or liabilities, including attorney fees and court costs, for injury,
death, damage or loss to person(s) or property arising out of or directly or indirectly resulting from
AVON'S' actions or omissions in connection with the conduct of the EVENT
4.15.3 PINE shall obtain general liability insurance coverage within the minimum limits set below naming
AVON as an additional insured and AVON and its officers, agents and employees against any and all
liability and damages which may arise out of or directly or indirectly result from the conduct of the
EVENT. The policy dates shall include the entire range of dates for which AVON property is used. The
minimum limits and requirements of the coverage shall include. $2,000,000 per occurrence primary
coverage, and $2,000,000 annual aggregate; and 3o days' notice of cancellation; $1,000,000 personal
and advertising injury coverage; and $50,000 fire damage.
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4.15.4 PINE shall provide to AVON proof of Comprehensive Automobile Liability insurance for any private
motor vehicles owned by PINE or its officers, agents, or employees that are used as part of the EVENT.
The insurance policy shall provide that it is primary insurance and that its coverage will apply prior to
utilization of AVON's general liability coverage.
4.15.5 Written evidence of such general liability coverage shall be provided to the Town Manager no later
than August zz, 2016, at 5:00 p.m. All insurance policies shall be non - cancelable without thirty (30)
days prior notice to AVON.
4.15.6 The parties hereto understand and agree that AVON is relying on, and does not waive or intend to
waive by any provision of this Agreement, the monetary limitations (presently $150,000 per person
and $600,000 per occurrence) or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, Section 24 -10-101 et seq., 10 C.R.S., as from time to time
amended, or otherwise available to AVON, its officers, agents, or employees.
4.15.7 PINE shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
paragraph 8 of this Agreement by reason of its failure to procure or maintain insurance or by reason of
its failure to procure or maintain insurance in sufficient amounts, duration, or types.
5. AVON TRADEMARKS
5.1 AVON's Marks, including EVENT logos, are and shall remain the sole and exclusive property of AVON. PINE shall
not hold itself out as having any ownership rights with respect to AVON's Marks or, except as may be specifically
granted hereunder, any other rights herein. Any and all goodwill associated with any such rights shall inure
directly and exclusively to the benefit of AVON.
5.2 Subject to the terms and conditions of this Agreement, AVON hereby grants to PINE a non - exclusive, non-
transferable, revocable and limited license to reproduce AVON's Marks in connection with (1) the EVENT, and, (z)
carrying out any other PINE obligations under this Agreement. Except as expressly permitted hereunder, PINE
hereby covenants and agrees that it will make no use of Avon's Marks. PINE shall have no right to sublicense its
rights under this license.
5.3 PINES use of AVON's Marks shall be strictly subject to the prior written approval of the Town Manager, which
approval may be granted or withheld in Town Manager's discretion. Notwithstanding any provisions hereof to
the contrary, prior to the printing or reproduction of any AVON Marks pursuant to this agreement, PINE shall
provide AVON with samples of all such materials for AVON's review and approval or disapproval.
5.4 Any trademarks, logos or other intellectual property developed by PINE in connection with this EVENTor services
provided hereunder shall be the property of PINE.
6. AVON RESPONSIBILITIES
6.1. AVON will deliver a prepared ALL PREMISES with clean facilities and include the Pavilion (stage deck, event terrace,
viewing plaza, green room, and scissor lift room), all paths of access leading to and from the Pavilion, Picnic Shelter
and adjacentgrassy area, and recreational path adjacentto the ALL PREMISES.
6.2. AVON shall provide financial support to PINE as described in Exhibit A. The total AVON financial support shall not
exceed Fifteen Hundred ($1,500.00).
6.3. Payments shall be made as follows: Payment of One Thousand Five Hundred ($1,500.00) shall be made within ten (10)
business days after execution of this Agreement.
6.4. AVON shall provide in -kind support to include the delivery and removal of event assets to include but is not limited to
tables, chairs, power distribution equipment, signage, stadium barricade fencing and tents. in -kind support does not
include the distribution, set -up or strike of event assets.
6.5. If PINE produces a banner for promotional purposes, AVON shall install and remove it from the Avon Road Bridge.
2016 LAKE STREET UNION FESTIVAL AGREEMENT
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AVON agrees to waive the $100 temporary sign application fee.
6.6. AVON will ensure that by September 15, 2016, the electrical stubs and outlets on the ALL PREMISES are in good
working order.
7. EVENT CANCELLATION —This EVENT may not be cancelled in whole or in part by either party unless, due to any Act of God
or force majeure, including, without limitation, fire, weather, flood, natural disaster or similar cause beyond the control of
the parties, PINE shall be entitled to work to date performed on behalf of AVON and EVENT, for its time investment in the
EVENT, as well as for any item which may be considered a direct line -item of the Financial Support defined in Exhibit A,
provided that such line -item has been approved in advance in writing by AVON.
The EVENT may be canceled by the Town Manager if the terms of this Agreement are not substantially fulfilled in a timely
manner or in the event of an unforeseen catastrophic event, subject to a right to cure. Should AVON deem any term or
terms of this Agreement unfulfilled and wish to base cancellation thereon, AVON shall give PINE written notice and PINE
shall have five (5) business days to cure the term or such longer time as mutually agreed by the parties. Should PINE cure,
this Agreement shall continue in full force and effect.
8. RELEASE OF LIABILITY
8.1 AVON assumes no responsibility whatsoever for any non - municipal property placed in said ALL PREMISES. AVON is
hereby expressly released and discharged from any and all liabilities for any loss, injury or damages to any person or
property of PINE, its employees, agents, and concessionaires or of any performer or spectator that may be sustained
by reason of the occupancy of the ALL PREMISES under this License Agreement, except for the sole negligence of
AVON or its officers, agents, employees.
8.2 In the event the ALL PREMISES or any part thereof is damaged by fire or other natural causes or if for any other
reason, including strikes, failure of utilities, which results in cancellation of the EVENT, or which in the judgment of the
Town Manager and Mayor, renders the fulfillment of this Agreement by AVON impossible, PINE hereby expressly
releases and discharges AVON and its officers, agents and employees from any and all demands, claims, liabilities, and
causes of actions arising from any of the causes aforesaid, except for monies already earned or expended in
accordance with provision of Section 7 (EVENT CANCELLATION).
9. NOTICES -Any notice to either party under this Agreement shall be in writing to the following addresses:
PINE PRODUCTIONS
Lauren Ciarallo, Owner
P. O. Box 5o83
Vail, CO 81658
Via email: LAUREN@APINEPRODUCTION.COM
TOWN OF AVON
Town Manager, Town of Avon
P. 0. Box 975
Avon, CO 8162o
Via email: vegger @avon.org
COPY TO: Director of Festivals & Special Events, Town of Avon, P.O. Box 975, Avon, CO 81620
Via email: ddemRsey&v_oo._Qrg
io. NO THIRD PARTY BENEFICIARIES - Nothing contained in this Agreement is intended to or shall create a contractual
relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub - consultant or
sub - contractor of PINE. Absolutely no third party beneficiaries are intended by this Agreement. Any third -party receiving a
benefit from this Agreement is an incidental and unintended beneficiary only.
1i. ARTICLE X, SECTION 2o/TABOR - The parties understand and acknowledge that the Avon is subject to Article X, § 20 of the
Colorado Constitution ( "TABOR "). The parties do not intend to violate the terms and requirements of TABOR by the
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execution of this Agreement. It is understood and agreed that this Agreement does not create a multi- fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the
contrary, all payment obligations of the Avon are expressly dependent and conditioned upon the continuing availability of
funds beyond the term of the Avon's current fiscal period ending upon the next succeeding December 31. Financial
obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town
of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated.
12. GOVERNING LAW, VENUE, AND ENFORCEMENT - This Agreement shall be governed by and interpreted according to the law
of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle
County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this
Agreement, the parties hereby waive any and all right either may have to request a jury trial in any civil action relating
primarily to the enforcement of this Agreement. The Parties agree that the rule that ambiguities in a contract are to be
construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between
the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern.
13. SURVIVAL OF TERMS AND CONDITIONS - The parties understand and agree that all terms and conditions of the Agreement
that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive
such termination date and shall be enforceable in the event of a failure to perform or comply.
ASSIGNMENT AND RELEASE - All or part of the rights, duties, obligations, responsibilities, or benefits set forth in this
Agreement shall not be assigned by PINE without the express written consent of Avon. Any written assignment shall
expressly refer to this Agreement, specify the particular rights, duties, obligations, responsibilities, or benefits so assigned,
and shall not be effective unless approved by Avon. No assignment shall release the Applicant from performance of any
duty, obligation, or responsibility unless such release is clearly expressed in such written document of assignment.
15. SEVERABILITY - Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word
herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this
Agreement.
16. INCORPORATION OF ATTACHMENTS -Unless otherwise stated in this Agreement, attachments, applications, or documents
referenced in this Agreement shall be incorporated into this Agreement for all purposes. In the event of a conflict between
any incorporated exhibit and this Agreement, the provisions of this Agreement shall govern and control.
17. EMPLOYMENT OF OR CONTRACTS WITH ILLEGAL ALIENS - PINE shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement. PINE shall not contract with a subcontractor that fails to certify that the
subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, PINE
certifies as of the date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform
work under the public contract for services and that the PINE will participate in the e- verify program or department
program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform
work under the public contract for services. The PINE is prohibited from using either the e- verify program or the
department program procedures to undertake pre - employment screening of job applicants while this Agreement is being
performed. If the PINE obtains actual knowledge that a subcontractor performing work under this Agreement knowingly
employs or contracts with an illegal alien, the PINE shall be required to notify the subcontractor and the Town within three
(3) days that the PINE has actual knowledge that a subcontractor is employing or contracting with an illegal alien. The
PINE shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien
within three (3) days of receiving the notice regarding PINE's actual knowledge. The PINE shall not terminate the
subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. The PINE is required to comply with any reasonable request made
by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance
with this provision and applicable state law. If the PINE violates this provision, Avon may terminate this Agreement, and
the PINE may be liable for actual and/or consequential damages incurred by Avon, notwithstanding any limitation on such
damages provided by such Agreement.
18. DISPUTES -In the event that suit is brought (or arbitration instituted) or any attorney is retained or employed by any party
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to this Agreement to enforce the terms of this Agreement, to collect any money due hereunder, or to collect any money
damages for breach thereof, the prevailing party shall be entitled to recover, in addition to any other remedy,
reimbursement for reasonable attorney's fees or the reasonable value of salaried attorney's time incurred in connection
therewith. Venue for any action of proceeding that arises out of any dispute under this agreement shall be in Eagle County,
Colorado.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written.
TOWN OF AVON
By and Through Its Town Manager
BY _ Date 7 /
Virginia C. Egger, Town a a r
PINE PRODUCTIONS
BY: Date:!
Lauren Ciarallo, Owner
2o16 LAKE STREET UNION FESTIVAL AGREEMENT
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ovo n
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EXHIBIT F
Avon Pavilion Stage Curtain
Wind Management Agreement
RECITALS
WHEREAS, PINE shall be using the Avon Pavilion, which has retractable stage curtain, which may be opened or
closed during the EVENT; and,
WHEREAS, the parties desire to set forth the terms and conditions of how the stage curtain shall be managed and
used during the EVENT.
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. PINE and AVON have agreed that: (Check one box)
PINE will not require AVON Wind Management Protocol described in Section 2 below for the
Pavilion stage curtain and will accept the stage curtain in an as is condition under the terms of
Paragraph 1 Pavilion Usage & Premises. PINE 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 2 below for the
stage curtain for PINE as described below, but no Pre -wind Wall ( "PWW ") shall be installed.
❑ AVON shall install a PWW for the EVENT for each day PINE has the exclusive or nonexclusive use of
the PREMISES and shall participate in the Wind Management Protocol as described in Section 2
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.
2. Wind Management Protocol
2.1 AVON has designated the Town Engineer or his designee(s) as the on -site Avon Wind Monitor
(AW M ).
2.2 EVENT shall designate the stage manager (SM) or other representative to be solely responsible to
the AWM by not later than September u, 2o16.
Avon Pavilion Curtain - Wind Management Agreement
Page i of 3
2.3 If a PWW has not been installed, PINE will provide to the AWM the daily schedule for the curtain to
be open or closed by not later than September 12, 2o16. The AWM will be responsible for the
implementation of the curtain plan, subject to the conditions in Sections 2.5 — 2.7.
2.4 The AWM shall place an anemometer on the Pavilion not later than September 16, 2o16, 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 PINE 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 20 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 20
mph the AWM shall provide to the SM 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:
Virginia C. Egge , o Manager
DATE: V 1'%5 '2016
Avon Pavilion Curtain -Wind Management Agreement
PINE PRODUCTIONS LLC
By:
Lauren Ciarallo, Owner
DATE•! / 15-
'2o16
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