02-01-2018 2018 Salute to the USA Sponsorship AgreementAIM
2018 SALUTE TO THE USA SPONSORSHIP AGREEMENT
THIS AGREEMENT ("Agreement") is made, by and between the Town of Avon ("AVON"), an
incorporated town of the State of Colorado, with its principal offices at One Lake Street, Avon,
Colorado, 81620, and Alpine Bank, with its offices at 10 West Beaver Creek Boulevard, Avon,
Colorado, 81620 ("ALPINE BANK").
RECITALS
Whereas, AVON will develop, organize and produce Salute to the USA ("EVENT") on July 3, 2018, at
Harry A. Nottingham Park and the Avon Pavilion; and,
Whereas, ALPINE, as the Title Sponsor ("SPONSOR") has agreed to provide financial support
through the purchase and distribution of recycled/reusable bags, in exchange for certain
promotional rights from AVON.
NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
1. Term - The term of this Agreement shall begin on February 1, 2o18, and shall continue in full force
and effect through July 14, 2o18.
2. Title Sponsor
2.1. ALPINE BANK shall have the exclusive right as the EVENT's Title Sponsor, which is the
EVENT's highest level of sponsorship support.
2.2. For the right as Title Sponsor, ALPINE BANK agrees to purchase and provide to AVON
recycled/reusable bags, by not later than April 1, 2o18. The committed purchase amount by
ALPINE BANK for bags shall not be less than $15,000.00. Attachment 1 details the number,
type, delivery and distribution of bags to AVON, as part of this Agreement.
2.3. AVON may solicit and accept other sponsorships below a contribution level of fifteen
thousand dollars ($15,000) from businesses, corporations and/or individuals and agencies.
No other bank will be solicited or accepted as a sponsor of the EVENT.
2.4. AVON shall retain the sole right to name contribution levels and determine benefits to all the
sponsors.
3. Benefits Provided -AVON grants exclusive sponsorship benefits to the ALPINE BANK, as listed in
Attachment 2, Title Sponsorship Benefits, Salute to the USA —July 3"; 2018.
4. Reference to Sponsorship in Advertising - Subject to AVON's rights of approval as described in
this Agreement, during the term of this Agreement, ALPINE BANK may identify itself as a
SPONSOR of EVENT and may use the name of the EVENT or location in its advertising.
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2018 Salute to the USA Title Sponsorship Agreement
5. Use of Trademarks — ALPINE BANK grants AVON the right and non-exclusive license, worldwide
and royalty free, during the term of this Agreement, to use the SPONSOR's trademarks, including
logo, solely to advertise, publicly represent and otherwise promote the fact that it is a SPONSOR
of the EVENT. This license specifically authorizes AVON to refer to the July 3'd EVENT as ALPINE
BANK'S SALUTE TO THE USA.
AVON grants ALPINE BANK the right and non-exclusive license, worldwide and royalty free,
during the term of this Agreement, solely to use AVON's logo, to advertise, publicly represent
and otherwise promote the fact that it is a sponsor of the EVENT. This license specifically
authorizes ALPINE BANK to refer to itself as Title Sponsor or sponsor of the EVENT.
6. Fulfillment/ Force Majeure Events - Should the EVENT be postponed or cancelled for any reason,
the recycled/renewable bags described in Attachment 1 shall be provided to AVON.
7. Discretionary Matters - It is agreed that AVON enters into this Agreement as the producer of the
EVENT, and it has sole and exclusive control over the production and presentation of scheduled
EVENT performances or activities, including but not limited to, details, means and methods of
performances and activities presented, and persons employed by AVON.
ALPINE BANK has no right to control or direct the result of or the details, methods, manner or
means by which AVON manages or operates its business or performs the services related to
transportation, facilities, equipment and supplies needed to fulfill this Agreement.
AVON reserves the right to terminate this Agreement with ALPINE BANK when ALPINE BANK's
actions are reasonably and in good faith determined to be materially detrimental to the good
image of the EVENT. Any decision affecting any matter not expressly provided herein or attached
hereto shall rest solely with AVON; provided, however, that any such decision shall not materially
and adversely affect the rights or benefits of SPONSOR under this Agreement.
8. Notices - All notices, payments and statements provided for herein shall be in writing and shall be
deemed given if sent by regular U.S. Postal Service mail, by express delivery service (receipt
requested), or by verifiable email, addressed to the parties at their respective address set forth
below, or at such other addresses as either party may from time to time specify to the other in
writing:
AVON:
Virginia Egger, AVON Manager
One Lake Street
P.O. Box 975
Avon, Colorado 81620
Via Email: vegger@avon.org
Copy to:
Louise Duncan, Interim Special Events Manager
Phone: 970-748-4032
Via Email: cwillis@avon.org
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2018 Salute to the USA Title Sponsorship Agreement
ALPINE BARK:
Brian Nestor, Executive Vice -President
io West Beaver Creek Boulevard
P.O. Box 7330
Avon, Colorado, 81620
Via Email: BrianNestor@alpinebank.com
g. 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.
10. No Waiver of Governmental Immunity - Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to AVON, its
officials, employees, contractors, or agents, or any other person acting on behalf of AVON of
Avon and, in particular, governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article lo, Part i of the Colorado Revised Statutes.
11. 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 SPONSOR. 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.
12. Damages - The parties agree that AVON shall not be liable for incidental, indirect or
consequential damages and that any liability of AVON for monetary damages shall be limited to
the amount of sponsorship value received by the Town of Avon.
PAGE AREA LEFT INTENTIONALLY BLANK
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2018 Salute to the USA Title Sponsorship Agreement
13. Signatures
In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first
written above.
AVON:
n
AVON of AvoDate
Virginia Egger, Town Manager
SY—Ohs-OJ :
ALPINE BANK
By: (y/
[Name, Title] up
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Date
2018 Salute to the USA Title Sponsorship Agreement
ATTACHMENT 1
RECYLED/RENEWABLE BAGS
1. ALPINE BANK shall produce recycled/renewable bags for free distribution in Avon.
2. ALPINE BANK shall spend no less than $15,000.00 for the production of the bags and provide
no less than 8,000 bags for AVON.
3• 50% of the bags purchased shall be provided to AVON by not later than April 1, 2o18. AVON
may distribute the bags in any manner it desires to residents or guests of the town.
4. ALPINE BANK shall distribute 50% of the bags purchased without charge to residents and
guests of the town.
5. AVON may assist ALPINE BANK with the storage of the bags prior to distribution.
6. All bags shall be distributed by AVON and ALPINE BANK by not later than July 15, 2o18.
7. The bag design and make shall be as follows:
02.15.18
Specialty Incentives
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2018 Salute to the USA Title Sponsorship Agreement
ATTACHMENT 2
2o18 TITLE SPONSORSHIP BENEFITS
SALUTE TO THE USA - JULY 300
TITLE SPONSORSHIP: $15,000.00
PRE -EVENT BENEFITS:
1. ALPINE BANK shall have the exclusive right as the EVENT's "Title Sponsor", which is the EVENT's
highest level of sponsorship support. No other "Title Sponsor" shall be solicited for the "Salute
to the USA" on July 3rd, 2018
2. EVENT name will be "Alpine Bank's Salute to the USA" in the title position.
3. EVENT name will be included in:
3.1 All town press releases.
3.2 On the Town website via a graphic button and EVENT landing page.
3.3 On all Town credentials and parking passes.
3.4 All print, including but limited to posters, plus web, radio and social media related
marketing developed in support of the EVENT.
3.5 Town's "Alpine Bank's Salute to the USA" bridge banner, which will hang from or about
June 6, 2o18, through or about July 5, 2ot8, on the north side of the Railroad Bridge on
Avon Road. AVON will pay for this banner; design and message shall be approved by
ALPINE BANK.
3.6 ALPINE BANK may produce signage/banners as the Title Sponsor to be hung on light pole
on Avon Road and Post Boulevard roundabouts from about June 6 — July 5, 2018, as
approved by the TOWN and in alternating form with any TOWN and/or TOWN sponsored
festival banners during the period. The TOWN shall provide up to ten (1o) light pole
banner locations accommodating two (2) banners per location. Signage/banner
production costs are not included in the sponsorship fee and_must be appr-oved by_the
lQwn of fton.
3.7 Four (4) Variable Message Boards in conjunction with EVENT announcement and
promotion.
EVENT DAY BENEFITS:
1. ALPINE BANK will be thanked during the open narration and close narration of the fireworks.
2. One 1o' x 1o' ALPINE BANK display space, with tent to be provided by ALPINE BANK.
3. Placement of up to four (4) ALPINE BANK banners throughout EVENT venue. Three (3)
ALPINE BANK banners may be placed at each of the three (3) main entrances to the EVENT
and one (1) ALPINE BANK banner may be placed at the VIP area. Signage production/banner
costs are the responsibility of ALPINE BANK.
4. VIP Credentials, Parking Permits and Catered Meal
4.1 Twenty (20) VIP credentials.
4.2 Ten (1o) parking credentials. Parking for VIP's shall be in any of the close -in lots which
are identified by the Town.
4.3 A catered meal, beer, wine and soda/water at the VIP area for all twenty (20) VIP
admissions.
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2018 Salute to the USA Title Sponsorship Agreement