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25.01.30 MA High Five Media Private Event Rental Agreement July 17-18 Avon Performance Rental Agreement for Private Events - 2025 Page 1 of 8 Avon Pavilion Rental Agreement for Private Events The Town of Avon is pleased to offer the Avon Pavilion facility for private event rentals. The Avon Pavilion is a cherished facility and substantial investment by the Avon community. We hope that your use of this facility will create lasting memories for your private event. 1.0 PARTIES. The parties to this agreement (“Agreement”) are the Town of Avon, Colorado, a Colorado home rule municipality, (“Town”) and _____________________ (“Renter”). This Agreement is effective upon execution by the Renter and following execution by the Event Manager on the date indicated below. 2.0 PREMISE. The Town hereby rents to Renter the use of the Pavilion Stage Deck, and/or Green Room, and/or Terrace, w/ or w/o use of Green Room at the Avon Performance Pavilion, located in Harry A. Nottingham Park, Avon, Colorado (“Premise”) for the purposes of [__________________] (“Private Event”). The Premise is more specifically described in Exhibit A Premises. Renter shall not be entitled to use any other portion of the Avon Performance Pavilion Facility. Please indicate requested spaces by checking appropriate boxes provided below: W/ Green Room W/Out Green Room 2.1. Stage Deck ☐ ☐ 2.2. Terrace ☐ ☐ 2.3. Green Room ☐ 3.0 RENTAL PERIOD. The Rental Period shall commence at ________ [indicate AM or PM] on ___________, 2025 and shall expire at ________ [indicate AM or PM] on _____________, 2025. 4.0 RENTAL PAYMENT. Rental Payment shall be $___________ [to be completed by Town] and shall be due upon Renter executing this Agreement. Rental Fee is described in Exhibit B: Rental Fee 5.0 DAMAGE DEPOSIT. Renter shall provide a Damage Deposit in the amount of $_________ [to be completed by Town] and based on the number of people as outlined on Exhibit B. Any damage to Town property resulting from the Private Event or clean-up required from the Private Event shall be deducted from the Damage Deposit. Renter shall remain liable for any and all costs of damage to Town property caused by the Private Event or clean-up required from the Private Event that exceeds the Damage Deposit. The Damage Deposit shall be returned within thirty (30) days following the Private Event, less any deductions for damage or clean-up, unless more time is required by Town to determine the cost of repairing damage or conducting clean-up. High Five Access Media Summer Camp 4 8AM July 17 5PM July 18 0.00 50.00 Avon Performance Rental Agreement for Private Events - 2025 Page 2 of 8 6.0 CANCELLATION BY RENTER. Renter may cancel this Agreement prior to the Private Event date. If Renter cancels the Agreement thirty (30) days or more prior to the Private Event date, then the Rental Payment and Damage Deposit shall be returned in full. If the Renter cancels the Agreement less than thirty (30) days prior to the Private Event than the Town shall return the Rental Payment less 60% of the Rental Payment and shall return the Damage Deposit. 7.0 CANCELLATION BY TOWN. Town reserves the right to cancel this Agreement at any time for the following reasons: (1) Imposition of a Public Health Order which does not permit the Private Event, gather or proposed use of the Premises; (2) Unplanned disruption or disrepair of the Premise, or utilities serving the Premise, which renders the Premise unsafe or unusable for its proposed use and which cannot be reasonably repaired prior the Private Event date; or (3) Force Majeure events, including by not limited to Acts of Nature, Wildfire Emergencies, Emergency Declarations, War, or Terrorism. The Town shall promptly notify the Renter of Cancellation and shall return the Rental Payment and Damage Deposit. Renter agrees the Town shall not have any liability for cancellation for the reasons stated above and agrees to release any and all claims for direct, indirect, and consequential damages. 8.0 LIABILITY. Renter hereby assumes personal and individual liability for him/herself and on behalf of Renter’s invitees for any damages to the Premise occurring through or during the occupancy or use of the Facility by Renter or Renter’s invitees. Renter personally and individually accepts liability for all repairs to the Facility and/or repair or replacement of equipment in the event of damage. 9.0 INSURANCE. At all times during the term of this Agreement, Renter shall carry and maintain in full force, at its sole expense, the following insurance policies through Avon’s insurance provider, or obtaining insurance through comparable companies satisfactory to Avon. Such policies shall include a provision requiring a minimum of thirty (30) days written notice to Avon of any change or cancellation. 9.1. ONLY if you wish to obtain insurance through Avon’s provider, CIRSA and their Special Event coverage, complete the CIRSA SHORT FORM EVENT HOLDER QUESTIONNAIRE form. 9.2. Property damage insurance in the amount of $1,000,000.00. 9.3. Public liability insurance in the amount of $1,000,000.00, for any one incident; and $2,000,000.00 in the aggregate. 9.4. When liquor is served and/or sold at the Event, minimum liquor liability coverage in the amount of $1,000,000.00. 9.5. Renter shall provide Avon with certificate(s) of additional insured evidencing the policies listed above ten (10) days prior to Renter’s occupancy of the Premises. Town of Avon, its elected officials, officers, and employees shall be listed as additional named insured as its interest may appear for the policies described in Subparagraphs 5(a) and 5(b) herein. 10.0 ALCOHOL SERVICE AT EVENT. In the event alcohol is served at the Private Event, Renter shall observe and comply with all Colorado State Liquor Laws, Avon Municipal Code Chapter 9.40.040(e)(3), and all other applicable rules and regulations concerning the service and consumption of alcohol on Town property. Renter shall not permit any person to take any open container with an alcoholic beverage off the Premises. Renter acknowledges it is illegal for any Avon Performance Rental Agreement for Private Events - 2025 Page 3 of 8 person over 21 years of age to possess or attempt to purchase beer, wine, or spirits for any person less than 21 years of age. Fines and/or imprisonment may be imposed for violation of these provisions. If Renter is selling and serving alcohol at the Private Event, the Renter has an obligation to hire a third-party vendor to provide these services including related security needs. 10.1. ALCOHOL PROVIDED FREE OF CHARGE: If alcohol is to be served for free at the Event, Licensee shall observe and comply with all Colorado State Liquor Laws, Avon Municipal Code Chapter 9.40.040 and other rules and regulations adopted by the Town concerning service and consumption of alcohol on Town property. Subject to applicable open container rules and regulations, Licensee shall not permit any person to take any open container with an alcoholic beverage off the Premises. Licensee acknowledges it is illegal for any person over 21 years of age to possess or attempt to purchase beer, wine, or spirits for any person less than 21 years of age. Fines and/or imprisonment may be imposed for violation of these provisions. If Licensee is selling and serving alcohol at the Event the Licensee has the obligation to hire a third-party vendor to provide these services including related security needs. 10.2. ALCOHOL PROVIDED FOR A FEE (“SOLD”): If alcohol is to be sold at the Event, Special Event Liquor Permits are only granted to Colorado based non-profit organizations. Beer and wine may be served and consumed by people aged 21 years or older. The designated areas in Nottingham Park where alcohol can be consumed shall include the Premises boundaries. Alcohol is not permitted on Nottingham Lake. 10.3. The Special Event Liquor Permit applicant is responsible and assumes all risk regarding liabilities that may arise from those attending the Event and drinking alcohol during Premises use. The applicant is responsible for ensuring that all persons who drink alcohol are of legal age and that all state alcohol laws are obeyed. 10.4. Should Licensee desire to sell alcohol at the Event, they must discuss alcohol guidelines with Avon Town Clerk (970-748-4001). 10.5. After a Special Event Permit application is received, the Town Clerk will review it and will present it to Avon’s Liquor Licensing Authority for approval. 10.6. If approved, the Town Clerk will send the approval notice to the Department of Revenue Liquor Enforcement Division. A minimum of two months prior to the Event is recommended to obtain the necessary permits. 11.0 NOISE ORDINANCE. The Town of Avon requires an amplified sound permit prior to the use and operation of amplified sound outdoors in the Town of Avon, including use and operation of a loudspeaker. The Town Manager may approve an Amplified Sound permit for the Premises for amplified sound use Sunday through Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and Thursday through Saturday between the hours of 9:00 a.m. and 10:00 p.m. Any other use of amplified sound must be approved by Town Council through a special hearing pursuant to Section 5.24.020 of the Avon Municipal Code. 12.0 ADDITIONAL REQUIREMENTS. Avon Performance Rental Agreement for Private Events - 2025 Page 4 of 8 12.1. Renter acknowledges that no smoking is permitted in the Premise area or anywhere in Nottingham Park. 12.2. Renter acknowledges that diving or jumping off the Terrace railing into Nottingham Lake is strictly prohibited; and Renter shall not permit their participants to dive or jump off the Terrace. 12.3. Avon supports a strong recycling ethic and requires all events to use recyclable or compostable materials for events and prohibits the use of single-use plastic bottles. 12.4. Renter has inspected the Premise and accepts the Premise in such condition for the Rental Period. 12.5. Renter shall immediately report to the Town any observed hazards, dangerous conditions or other conditions that may pose a risk of personal injury. 12.6. Town reserves right to enter the Premises at any time to review Renter’s actions and conduct and/or any other reasonable purpose. 12.7. Renter shall be responsible for the conduct and control of participants; to ensure that all Federal, State, County, Municipal and other applicable regulations are followed. 12.8. Renter shall obtain Town approval prior to erecting any tent, portable facilities, or catering equipment on the Premises. 12.9. By Order of the Eagle River Fire Protection District, Renter will ensure that NO THEATRICAL SMOKE is blown on the Premise and NO PYROTECHNICS OF ANY SORT are to be detonated. Decorative open flame, fire pits, and/or patio style heaters 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). 13.0 INDEMNITY: To the fullest extent permitted by law, Renter shall indemnify, defend, and hold harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees, arising out of this Agreement, or related to the activities permitted in this Agreement. 14.0 ASSIGNMENT. This Agreement shall not be assigned by the Renter and any assignment without the prior written consent of the Town shall be void. 15.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado and venue for any action arising under this agreement shall be in the appropriate court for Eagle County, Colorado. 16.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 17.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that Avon Performance Rental Agreement for Private Events - 2025 Page 5 of 8 nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. TOWN OF AVON: By: ___________________________________________________ Date: ____________________ Danita Dempsey, Chief Cultural Officer RENTER: Name: _________________________________________ Signature: ______________________________________ Date: __________________________________________ Address: _______________________________________ _______________________________________ Phone: ________________________________________ Email: _________________________________________ Casey Russell (Jan 30, 2025 15:23 MST) Casey Russell Casey Russell Jan 30, 2025 970.949.5657 casey@highfivemedia.org anita empsey (Jan 31, 2025 08:58 MST) *aQLWa *ePSsey 01/31/2025 Avon Performance Rental Agreement for Private Events - 2025 Page 6 of 8 EXHIBIT A PREMISES [Town completes this section by inserting image of Premises] Avon Performance Rental Agreement for Private Events - 2025 Page 7 of 8 EXHIBIT B 2025 PAVIILION RENTAL FEES FOR PRIVATE EVENTS Avon Performance Pavilion at Harry A. Nottingham Park 1. Bookings are available seven days a week in 4-hour or 8-hour blocks. The hours allotted include set-up, event hours and tear down. 2. Additional hours may be purchased in two-hour increments for $100 per two-hour increment. 3. Four-hour blocks are 60% of the 8-hour block pricing listed below. Peak Season: Monday of Memorial Day Weekend through Monday of Labor Day Weekend Off Peak Season: Tuesday after Labor Day Weekend through Tuesday after Memorial Day Weekend 1. The Pavilion is not available from July 2 through July 4 on any given year. 2. Published rates are non-negotiable. Time Periods Peak Season Off Peak Stage / Green Room / Terrace Stage / Green Room / Terrace 8-Hour Blocks (Fri. – Sun.) $1,200 $800 8-Hour Blocks (Mon. – Thurs.) $900 $600 Non-Profit Private or Public 10% discount 10% discount Time Periods Peak Season Off Peak Terrace / Green Room Terrace / Green Room 8-Hour Blocks (Fri. – Sun.) $1,000 $600 8-Hour Blocks (Mon. – Thurs.) $800 $500 Non-Profit Private or Public 10% discount 10% discount Time Periods Peak Season Off Peak Stage / Green Room Stage / Green Room 8-Hour Blocks (Fri. – Sun.) $1,000 $600 8-Hour Blocks (Mon. – Thurs.) $800 $500 Non-Profit Private or Public 10% discount 10% discount Time Periods Peak Season Off Peak Green Room Green Room 8-Hour Blocks (Fri. – Sun.) $700 $300 8-Hour Blocks (Mon. – Thurs.) $400 $100 Non-Profit Private or Public 10% discount 10% discount Avon Performance Rental Agreement for Private Events - 2025 Page 8 of 8 Time Periods Peak Season Off Peak Terrace Terrace 8-Hour Blocks (Fri. – Sun.) $700 $300 8-Hour Blocks (Mon. – Thurs.) $400 $100 Non-Profit Private or Public 10% discount 10% discount Time Periods Peak Season Off Peak Stage Only Stage Only 8-Hour Blocks (Fri. – Sun.) $700 $300 8-Hour Blocks (Mon. – Thurs.) $400 $100 Non-Profit Private or Public 10% discount 10% discount Fees & Damage Deposit: 1. The facility rental fee deposit is 50% of total facility rental fee, applies towards total facility rental fee and is non-refundable. 2. Damage deposit is based on number of people and refundable 30 days following event date. a. 1-50 people $100 b. 51-100 people $200 c. 101-175 people $275 3. Final payment of remaining facility rental fee (50%) is due in full 14 days prior to rental date High Five Media Private Event Rental Agreement - July 17-18 Final Audit Report 2025-01-31 Created:2025-01-30 By:Emily Dennis (edennis@avon.org) Status:Signed Transaction ID:CBJCHBCAABAAYYs8QldpK6zplSJvFBEH5xUWMZ4zurgq "High Five Media Private Event Rental Agreement - July 17-18" History Document created by Emily Dennis (edennis@avon.org) 2025-01-30 - 4:36:47 PM GMT Document emailed to casey@highfivemedia.org for signature 2025-01-30 - 4:38:31 PM GMT Email viewed by casey@highfivemedia.org 2025-01-30 - 10:18:18 PM GMT Signer casey@highfivemedia.org entered name at signing as Casey Russell 2025-01-30 - 10:23:17 PM GMT Document e-signed by Casey Russell (casey@highfivemedia.org) Signature Date: 2025-01-30 - 10:23:19 PM GMT - Time Source: server Document emailed to Danita Dempsey (ddempsey@avon.org) for signature 2025-01-30 - 10:23:21 PM GMT Email viewed by Danita Dempsey (ddempsey@avon.org) 2025-01-31 - 3:57:42 PM GMT Document e-signed by Danita Dempsey (ddempsey@avon.org) Signature Date: 2025-01-31 - 3:58:09 PM GMT - Time Source: server Agreement completed. 2025-01-31 - 3:58:09 PM GMT