04-11-2006 WESTIN RIVERFRONT RESORT & SPA SALUTE TO THE USA1
LETTER OF AGREEMENT
Between
Town of Avon Presenting Sponsor
P.O. Box 975
Avon, Colorado 81620 Westin Riverfront Resort and Soa
970 748 4032
This Agreement is entered Into by and between Town of Avon (the "TOA"), an incorporated
Spoor"
Town of the State of Colorado and Westin RiyeLfrgnt_Re~ortgfT ns
WITNESSET14:
Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A."
("the Event") within Nottingham Park and has scheduled activities as part of its summer
programs on July 3, 2006 and
Whereas, Sponsor is interested in providing financial support for the Event in exchange for certain
promotional rights to be provided by the TOA for Sponsor's interests;
NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and
sufficiency of which is herby acknowledged, the parties hereby agree as follows:
1. Term
This term of this Agreement begins on the date the Agreement is signed by both parties and shall
continue in full force and effect through July 3, 2006, except the provisions of Paragraph 13
hereof, which provisions shall be effective as provided in that paragraph,
2. Nature of Services
The services are described in this Agreement and the related Attachments. The TOA hereby
grants Sponsor the exclusive rights to the Sponsorship acknowledgments and benefits as outlined
herein and in Attachment A. Sponsor shall have exclusive rights for this category level.
3. Compensation and Commitments
Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined
in Attachment B in exchange for the Sponsorship and benefits promised herein and in related
Attachments. Should the Sponsorship Fee not be paid in full by the date specified in Attachment
B, the TOA has the right to ban all Sponsor's activities and signage from setting up on Event
grounds. Sponsor agrees to fulfill its pre-event and on-site obligations and commitments as
outlined herein and in related Attachments.
4. Reference to Sponsorship in Advertising
Subject to the TOA's rights of approval as described in this Agreement, during the term of this
Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the
event or location in its advertising.
6. Use of Trademarks
Sponsor grants the TOA the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and
otherwise promote the fact that It is a Sponsor of the Event. This license specifically authorizes
the TOA to refer to "Sponsor" as a Sponsor of the Event.
The TOA grants Sponsor the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the TOA's trademarks to advertise, publicly represent and
Please acknowledge that each page is satisfactory by initialing: lCM
TOA Sponsor
Page 1
~ Deleted:
otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes
Sponsor and/or "Sponsor" to refer to itself as a Sponsor of the Event.
Before either party may use the trademark licenses referred to in this Agreement, it shall first
submit the concept or a sample of the proposed use to the other party, for approval, which
approval shall not be unreasonably withheld.
Sample of the TOA's trademark:
r
VON
Sample of the Sponsors's trademark:
I To . s~bmiif c at a,lat .I_dczt ,
7. Signage and Banners
All Sponsor signage at the Event must represent Sponsor, and be approved by the TOA in
advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no
responsibility in case of loss or damage to Signage submitted for use during the Event. No third
party or handwritten signage is allowed and all signage must be of professional quality. Signage
of designated media Sponsors Is allowed, subject to approval by the TOA and Sponsor. Sponsor
must make best efforts to ensure that handbills/flyers/posters etc, created for the Event are
distributed legally and with proper approval.
8. Fulfillment/ Force Ma}eure Events
In the event that any scheduled performance or activity is subject to cancellation by illness,
accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes,
labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which
is beyond control of the parties, both shall be relieved of their respective obligations for the
performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of
the Sponsorship fee. In the event that the event is postponed for one day due to rain, the
Sponsorship lee will not be refunded.
9. Discretionary Matters
It is agreed that the TOA 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
Please acknowledge that each page is satisfactory by Initialing: L_
TOA Sponsor
Page 2
activities presented, and persons employed by the TOA. Sponsor has no right to control or direct
the result of or the details, methods, manner or means by which the TOA manages or operates
its business or performs the services related to transportation, facilities, equipment and supplies
needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with
Sponsor when Sponsor's actions are 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 the TOA.
10. Notices
All notices, payments and statements provided for herein shall be in writing and shall be
deemed given if sent by Registered or Certified Mail, postage prepaid, by express delivery
service (receipt requested), or by verifiable facsimile transmission, 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:
The TOA: Town of Avon
Town Clerk
P.O. Box 975
Avon, Colorado 81620
970 748 4032
Sponsor:
11. Indemnify
TOA will Indemnify Sponsor and hold Sponsor harmless against any loss, claim, damage, liability
or expense that Sponsor may suffer or that may be asserted against Sponsor in connection with
any injury, death or property damage resulting from the Event, subject to the limitations of the
Colorado Governmental Immunity Act.
12. Law
This Agreement shall be construed, governed and interpreted pursuant to the laws of the State
of Colorado applicable to agreements only to be performed therein.
12. Venue
Venue for any legal proceeding arising from this agreement shall be proper in any court of
competent jurisdiction located in the County of Eagle, State of Colorado.
13. Future Years
As a sponsor for the current year 2006, Sponsor is entitled to "first right of refusal" of Presenting
Sponsor category (Attachment A) for the following year (2007) at the cost set for that category
for that year. Such first right of refusal shall be exercised only in writing and only on or before
December 29, 2006.
In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first
written above.
Please acknowledge that each page is satisfactory by initialing:
TOA Sponsor
Page 3
t
own of Avon
Ron Wolfe
Mayor +
Sponsor Signature
V«~ S6-N~
Title
N
Date
„t
Date
Please acknowledge that each page Is satisfactory by iniflaling!
TOA Sponsor
Page 4
Definition of Sponsorship:
Sponsor shall be the Presenting Sponsor of Salute to the U.S.A. to be held in Avon, Colorado.
The TOA will provide Sponsor with the following event-related acknowledgements and benefits:
1. Sponsor Will be Recognized as the Presenting Sponsor:
• The name of the event will appear as follows in all promotions, (including print materials,
advertising, radio ads, web submissions and signage):
"Title Sponsor's" Salute to the USA in Avon, CO presented by "presenting sponsor",
• Event name will be included in event press release.
Event name will be featured on TOA website - event name will scroll on avon.org homepage for
two weeks prior to event.
2. Sponsor Name/Logo Promineni Placement In/On,.
• All print and web related marketing developed in support of the Event.
• Bridge Banner to hang on Railroad Bridge in Avon for one month prior to Salute.
• Posters to be distributed prior to event in local and regional businesses.
• Radio Advertising for the event.
3. Sponsor On-Site Exposure:
• Sponsor will be thanked during stage announcements made prior to artists performing on
the stage, during set breaks, and prior to fireworks show.
• Placement of 12 Sponsor banners prominently throughout event site. Sponsor and TOA
will mutually agree upon a venue signage planSignage costs are not Included in the
Sponsorship fee.
4. Sponsor Promotions:
• Sponsor has the opportunity to develop, produce, and implement promotions related to
the Event with prior approval by The TOA. The TOA must have the opportunity to review
and authorize any promotions or advertisement utilizing the Event name, likeness, or logo
during the conceptual stage, and then again prior to final production. Such authorization
shall not be unreasonably withheld.
• Sponsor has the opportunity to develop Product placement/display on site in
Nottingham Park during the event and possibly In Avon Rec Center lobby prior to event.
The TOA must have the opportunity to review and authorize any promotions during the
conceptual stage, and then again prior to final production. Such authorization shall not
be unreasonably withheld.
5. VIP Passes/Additional Benefits:
The TOA will provide 15 VIP passes to the Sponsor, and 5 parking passes.
Sponsor will receive either one annual passes or three 25-punch admission cards to the
Avon Rec Center.
Please acknowledge Shat each page is saiisfaciory by lnitloiing: Cv v l
TOA Sponsor
Page 5
1
ATTACHMENT B
• SPONSORSHIP FEES & ADVERTISING COMMITMENTS
)Sponsor) agrees to pay the TOA 20,000 dollars by May 10, 2006.
Sponsorship fee entitles the Sponsor to the terms listed in the above agreement.
Please acknowledge that each page is satisfactory by Initiating: -41
TOA Sponsor
Page 6
MEMO
TO: HONORABLE MAYOR & TOWN COUNCIL O
THRU: LARRY BROOKS/TOWN MANAGER
FROM: MERYL JACOBS/DIRECTOR OF RECREATION
DATE: APRIL 4, 2006
RE: PRESENTING SPONSORSHIP AGREEMENT FOR AMERICAN
NATIONAL BANK'S SALUTE TO THE USA.
SUMMARY: Staff is pleased to announce the agreement with East West Partners for
presenting sponsorship to the town's Independence Day celebration on
July 3, 2006. East West Partners, on behalf of the Westin Riverfront
Resort and Spa has agreed to support this event at the $20,000 level.
Attached for signature is the agreement between the Town of Avon and
East West Partners. Upon signing, the event will be called American
National Bank's Salute to the USA, presented by the Westin Riverfront
Resort and Spa, in Avon, Colorado!
TOWN MANAGER COMMENTS:
ain AA1