04-21-2014 June 27-28, 2014 Avon Reds,Whites & Brews Festival AgreementAVOW
C 0 L0 R A D O
2014 AVON REDS, WHITES 81 BREWS FESTIVAL AGREEMENT
THiS AGREEMENT is made and entered into the
1 day of April, 2014, 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 RADIATE LiVE, a Colorado Limited Liability Company, with its principal offices at
Radiate Live, 5670 Greenwood Plaza Blvd., Suite 5o6W, Greenwood Village, Colorado, 8o111
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
I. The parties recognize the mutual benefits of RADIATE LIVE producing and AVON hosting the "3rd Annual
Reds, Whites & Brews Festiva I" on June 27-28,2014 (hereafter "FESTIVAL "). It is the parties' intention
that this Agreement defines the duties, obligations and conditions with respect to the production of the
FESTIVAL so that It is conducted in a manner and direction to be established by both parties, and so that
this Agreement is consistent with and governed by the provisions of the Avon Municipal Code, as may be
applicable.
2. Execution of this Agreement shall constitute issuance of a Special Event Permit to RADIATE LIVE pursuant
to Avon Municipal Code Section 9.40. This permit grants RADIATE LiVE the right, and Imposes the duty, to
use the premise defined in this Agreement for the purpose of producing the FESTIVAL on June 27 -28,
2014, subject to compliance with the terms and conditions of this Agreement.
TERMS AND CONDITIONS
t. PREMISES
1.1 The FESTIVAL begins on Friday, June 27th, in various restaurants and bars in the Town of Avon,
between the hours of 5:00 P.M. and 12:00 a.m. Live music and wine and beer tastings are planned in
these businesses, which shall hold a current Avon Business License. The areas where these businesses
are located herein shall be referred to as "RESTAURANT PREMISES ". RESTAURANT PREMISES shall
be identified by business name not later than May 1, 2014.
1.2 The site of the FESTIVAL on June 28th (herein referred to as the "PARK PREMISE ") shall be Harry A.
Nottingham Park, including the Pump House Deck and Picnic Shelter, but not the Avon Recreation
Center, Lower Athletic Field, Basketball Courts, Sand Volleyball Courts, Tennis Courts and Nottingham
Lake and Beach. RADIATE LIVE is granted an exclusive right of use of the PARK PREMISE on June 28,
2014, from 7:00 a.m. through 11:00 p.m.; RADIATE LIVE shall also have rights to the PREMISE on June
27, 2014 from 9:00 a.m. to 7 :00 P.M. and on June 29, 2014 from 7:00 a.m. to 12:oo p.m. for the sole
purposes of FESTIVAL set -up, break -down and site clean -up.
1.3 The RESTAURANT PREMISES and PARK PREMISE shall herein be referred to as "ALL PREMISES"
2014 AVON REDS, WHITES & BREWS FESTIVAL AGREEMENT
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2. PERFORMERS - RADIATE LIVE agrees to contract with a Tier One or Tier Two performer(s) for acts
produced in the PARK PREMISE on June 28, 2014, and Town of Avon restaurants and bars on Friday, June
27, 2014.
3. PERFORMANCE HOURS - AVON and RADIATE LIVE agree that FESTIVAL stage acts may be performed only
on Saturday, June 28 from 9:0o a.m, to 9:00 p.m. RADIATE LIVE shall complete and submit a Sound Permit
Application ($100 application fee waived) pursuant to Avon Municipal Code 5.24. It is further agreed that
the dates and times are to be strictly adhered to. RADIATE LIVE shall pay a penalty of one hundred dollars
($100.00) per minute for music, public address announcements, or sound checks that occur before or after
anytime period in which such music or announcements are permitted.
4• MAXIMUM CROWD SiZE
4.1 RADIATE LIVE agrees the daily number of persons paying for admission shall not exceed twenty -five
hundred (2,500) on June 28"' of the FESTIVAL. This includes children age 13 and older. Children ages
twelve and under shall be Issued a wristband but shall not be counted as part of the 2,50o paid
admissions and are not subject to the Admission Ticket Fee. Twenty -five hundred persons paying for
admission may be exceeded with the written consent of the Town Manager.
4.2 In addition, up to two hundred (too) complimentary or free admissions for staff, performers, guests,
and concessionaires shall be allowed on June 28`I'.
4.3 Should RADIATE LiVE be unable to provide for those services described in Section 4 below for 2,500
Persons, RADIATE LIVE shall limit ticket sales to the number of people able to be accommodated by
the services provided. RADIATE LIVE shall submit evidence to the Town Manager of available services
for the number of tickets allowed. RADIATE LIVE may be required to limit complimentary tickets
and /or ticket sales to adjust for any disparity.
4.4 RADIATE LIVE shall provide to the Town Manager a manifest of all types of attendees prior to RADIATE
LiVE placing order for tickets /wristbands or by not later than May 1, 2014. Included with the count will
be the script for each type. A distinct wristband for those 21 and over shaft also be described by
number needed, logo and script. RADIATE LIVE shall provide a plan to the Town Manager for release
of the wristbands before and during the event. AVON's control of the wristbands e the
is to ensur
attendance count within the PARK PREMISES and to account for the AVON ticket admission fees.
5. RADIATE UVE RESPONSIBILITIES
5.1 PARK PREMISE SETUP & TEAR DOWN PLAN -RADIATE LIVE shall provide a park set -up and tear down
plan to the Town Manager or designee by 5:00 p.m., May 1, 2014. The plan shall Include a schedule for
installation /removal and a map of all proposed structures including but not limited to gates
(entrance /exit and emergency blow -out), fences, tents, portable facilities, stage and lighting/sound
Systems, and crowd management areas.
5.2 PARKING & TRANSPORTATION PLAN - RADIATE LIVE shall provide to the Town Manager or designee,
by 5:00 p.m., May 2, 2014, a plan which details mass transportation needs and parting locations for all
attendees at ALL PREMISES. In addition, the plan shall provide for parking lot lighting and the
volunteer /paid staffing for all parking lots.
5.2.1 The transportation plan shall detail what transit services are required to be provided by AVON,
including hours of service and estimated frequency of trips. AVON shaft work with RADIATE
LIVE to finalize the parking and transportation plans by not later than May 15, 2014.
5.2.2 Agreements with property owners for the use of parking lots shall be provided by not later than
May 15, 2014, to the Town Manager or designee by RADIATE LIVE.
5.2.3 Agreements with ECO Transit to accommodate FESTIVAL goers going to/from the Vail
Transportation Center and those traveling east bound from Eagle, Gypsum, etc. during the
2014 AVON REDS, WHITES& BREWS FESTIVAL AGREEMENT
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FESTIVAL shall be provided by not later than May 15, 2014, to the Town Manager or designee by
RADIATE LIVE.
5.2.4 RADIATE LiVE shall provide directional signage plan by not later than May 15, 2014 which shall
detail the direction provided to both vehicular and pedestrian traffic. This plan shall include
types of signage used, quantity, location and installation /removal dates.
5.3 PEDESTRIAN TRAFFIC PLAN - RADIATE LiVE shall provide to the Town Manager or designee a plan
which details pedestrian ingress and egress from all parking lots utilized for the FESTIVAL by May 1,
2014. In addition, the plan shall provide for lighting of public pathways, where applicable, and the
volunteer /paid staffing for needed for safe ingress /egress to FESTIVAL at ALL PREMISES.
5.4 SECURITY PLAN — RADIATE LiVE shalt provide to the Town Manager or designee a plan which details
the security and law enforcement needs for the FESTIVAL at ALL PREMISES by May 1, 2014. The plan
shall announce which performers have been booked and shall include, but not be limited to, security
needs for alcohol sales, crowd management, entry gate security checks, communication plan for law
enforcement and emergency response agencies, chain of command, and external support from AVON
and Eagle County Sheriff's office. Contracts for services with security agencies shall be presented or a
date to have such contracts shall be provided.
5.4.1 Based upon the plan, the AVON Town Manager shall determine in its sole discretion the
number of law enforcement officers it shall provide for the event. RADIATE LiVE shall
provide all security, as approved by the Town Manager, for the FESTIVAL, including
requirements for communication radios for AVON staff and RADIATE LIVE personnel to be
identified by shirts or hats, if needed, to fully implement the security needs of the
FESTIVAL.
5.4.2 RADIATE LIVE shall provide adequate proof to the Town Manager or designee that through
fencing, crowd management measures, or other means, the main athletic fields and other
facilities in Nottingham Park are protected from damage.
5.5 MEDICAL AND EMERGENCY RESPONSE PLAN — RADIATE LIVE shall provide to the Town Manager or
designee a plan which details the medical response and emergency response agencies and protocols
for the FESTIVAL at ALL PREMISES by May 1, 2014. Contracts for services with emergency response
agencies shall be presented or a date to have such contracts shall be provided to the Town of Avon.
5.6 SANITATION & RESOURCE RECOVERY - RADIATE LIVE shall provide to the Town Manager or designee
a plan which details the sanitation facilities and resource recovery (reduction and recycling) program
by May 1, 2014. The plan shall cover the ALL PREMISES, parking lots and pedestrian pathways to and
from parking lots. The number and location of portable sanitation facilities, dum sters, trash
recycling bins shall be provided as well as the timeframes detailed. Avon shall rep quire copies of all cans,
contracts for services by not later than June 1, 2014.
5.7 INSURANCE & INDEMNIFICATION
5.7.1 RADIATE LIVE agrees to indemnify the Town of Avon, its officers, agents and employees, and to
hold them harmless against any and ali clalms, actions, demands or liabilities, including attorney
fees and court costs, for injury, death, damage or loss to persons) or property arising out of or
directly or Indirectly resulting from RADIATE LIVE' actions or omissions in connection with the
conduct of the FESTIVAL.
5.7.2 RADIATE LIVE 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 FESTIVAL. The policy dates shall include the entire range of dates for
which Town property is used. The minimum limits and requirements of the coverage shall
include: $i,000,000 per occurrence primary coverage, and $3,000,000 annual aggregate; 3o
days' notice of cancellation; host and general liquor liability insurance in the same amounts
listed above; $3,000,000 personal and advertising injury coverage; and $50,000 fire damage.
2014 AVON REDS, WHITES & BREWS FESTIVAL AGREEMENT
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5.73 RADIATE LIVE shall provide to AVON proof of Comprehensive Automobile Liability Insurance for
any private motor vehicles owned by RADIATE LiVE or Its officers, agents, or employees that are
used as part of the FESTIVAL. 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.
5.7.4 Written evidence of such general liability and alcohol liability policies and coverage shall be
provided to the Town Manager no later than June 1, 2014, at 5 :00 p.m. All insurance policies shall
be non - cancelable without thirty (30) days prior notice to AVON.
5.7.5 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.
5.7.6 RADIATE LIVE shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to paragraph 7.1 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.
5.8 MISCELLANEOUS
5.8.1 LIQUOR LICENSE: RADIATE LIVE shall be solely responsible for identifying a nonprofit to
acquire a liquor license for the FESTIVAL. Application for the license and all insurance and
indemnification requirements pursuant to AVON Municipal Code 5.08.170 shall be the
responsibility of RADIATE LIVE and its' nonprofit. The application will be due to the Avon Town
Clerk not later than May 5, 2014
5.8.2 RADIATE LIVE shall ensure there is adequate fighting on the perimeter fence, along the
recreational path to backstage, behind concessions, to the VIP tents, portable restrooms,
public pathways to /from parking lots, parking lots and to the Box Office.
5.8.3 RADIATE LIVE shall provide signs at the entrance to Lake Street stating the rules for use of the
street, from Thursday, June 26, 2014 at 6:oo a.m. to Saturday, June 28, 2014, at To:oo p.m.
Signage for FESTIVAL rules and attendee information at the PARK PREMISE shalt be reviewed by
AVON prior to posting.
5.8.4 Stakes are not to be driven into the ground along any pathways, athletic fields, parking lots or
grassy areas with underground sprinkler systems without prior permission from the Town
Manager or designee.
5.8.5 RADIATE LIVE in its marketing and advertising shall notify attendees about alcohol restrictions,
resource recovery priorities, parking and transportation systems, no dogs allowed and all other
matters deemed necessary by the Town Manager or designee for the advanced informational
needs of FESTIVAL attendees.
5.8.6 To the extent licensed personnel, such as electricians, medical, emergency response or health
official, are required to conduct certain services or inspections, RADIATE LIVE shall abide by
these local and State requirements.
5.8.7 RADIATE LIVE acknowledges and understands that all rules outlined in Resolution 13 -26 and
attached hereto, shalt apply to the 2014 RADIATE LiVE event.
5.8.8 RADIATE LIVE agrees to make every effort to retain volunteers and paid staff from qualified
persons residing in the Town of Avon or Eagle County.
5.8.9 BOND —RADIATE LiVE shall deposit a bond or other security Instrument in a form acceptable to
the Town Manager and payable to the Town of Avon in the amount of $5,000. The bond is
Payment or penalty due AVON under the terms of this Agre
intended to secure payment of actual admissions' fees, damages, repairs, clean-up, or any other
ement. The bond is due at the Town
of Avon Finance office no later than 5:00 p.m. on June 1, 2014. The bond, less any appropriate
funds for payment, if any, shall be refunded to RADIATE LIVE by July 31, 2014.
6. AVON RESPONSIBILITIES
2014 AVON REDS, WHITES & BREWS FESTIVAL AGREEMENT
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6.1 AVON shall provide financial support in the amount of $15,000 to RADIATE LIVE. Payment shall be
made within thirty (3) days of execution of this Agreement.
6.2 AVON shall provide in kind support to RADIATE LIVE in the amount not to exceed $7,500. in -kind
support includes, but is not limited to staff staging assistance, police, transit operations, traffic
control, and banner installation /removal.
6.3 AVON agrees and hereby waives the Town of Avon Special Event fee.
6.4 AVON shall cooperate with the marketing of the event by supporting the use of the Town of Avon
name and logo brands.
6.5 AVON shall to the greatest extent possible assist RADIATE LiVE with leveraging existing Town
sponsorships and relationships in helping RADIATE LIVE find hotel rooms in Avon lodging properties at
discounted rates.
6.6 If RADIATE LiVE produces banners for promotional purposes, AVON shall install /remove them in the
following locations: Avon Road Bridge Banner (2 banners; $100 application fee waived), Lake Street
(42 banners) and Avon Road Round -a -bouts (# to be determined), after May 15, 2014.
6.7 AVON shall provide portable fence materials (stadium barricade - approx. 900 linear feet), not already
in use, located in Town Park for use by RADIATE LIVE.
6.8 AVON will ensure that the electrical stubs and outlets in the Park and along Lake Street are in good
working order for the concessionaires. AVON shall provide 3 -phase power originating from the
Pump house for the stage, sound and lighting needed for live entertainment.
6.9 AVON agrees to provide transportation services tolfrom designated parking lots within Town limits
during the FESTIVAL as part of its in -kind support.
7• EVENT CANCELLATION -Either party may cancel the FESTIVAL in whole or in part, for any substantial
reason beyond either party's control. in the event of cancellation, neither party shall be liable to the other
for any lost profits, lost revenues or consequential damages.
7.1 The FESTIVAL maybe canceled by the Town Manager if the terms of this Agreement are not
substantially fulfilled in a timely manner Orin 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 RADIATE LIVE written notice and RADIATE LiVE shall have 5
business days to cure the term or such longer time as mutually agreed by the parties. Should RADIATE
LIVE cure, this Agreement shall continue in full force and effect.
7.2 in the event of cancellation, AVON shall remit to RADIATE LIVE all bonds minus any FESTIVAL related
expenditure incurred by AVON. If RADIATE LIVE cancels the FESTIVAL after AVON has dedicated
resources toward production and notice of such cancellation is not given prior to May 27, 2014,
RADIATE LIVE shall pay AVON five thousand dollars ($5,000) as liquidated damages within 30 days of
the previously scheduled production date.
S. 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 RADIATE LIVE, its employees, agents, and
concessionaires or of any performer or spectator that may be sustained by reason of the occupancy of
the PREMISES under this License Agreement, except for the sale negligence of AVON or its officers,
agents, employees.
8.2 in the event 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 FESTIVAL, or
which in the judgment of the Town Manager and Mayor, renders the fulfillment of this Agreement by
2014 AVON REDS, WHITES & BREWS FESTIVAL AGREEMENT
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AVON impossible, RADIATE LIVE hereby expressly releases and discharges AVON and its officers,
agents and employees from any and all demands i
any of the causes aforesaid. , c alms, liabllltees, and causes of actions arising from
NOTICES - Any notice to either party under this Agreement shall be in writing to the following addresses:
REDS, WHITES & BREWS
Ms. Jen Radueg
5670 Greenwood Plaza Blvd.
Suite 506W
Greenwood Village, Colorado, 80ll,
COPY TO:
AVON
Town Manager, Town of Avon
P. O. Box 975
Avon, CO 8162o
COPY TO: Special Events Supervisor, Town of Avon, P.O. Box 975, Avon, CO 81620
:'o. DISPUTES - In the event that suit is brought (or arbitration instituted} or any attorney is retained or
employed by any party to this Agreement to enforce the terms of this Agreement, to collect party shall money
a
due hereunder, or to collect any money damages for breach thereof, the prevailing g be entitled
to recover, in addition to any other remedy, reimbursement for reasonable attorney's fees 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
ATTEST:
Debbie Hoppe, Acting Town Clerk
Radiate Live
J adueg
By: ` -- - –!� —
Virginia C. Egger, To n Manager
Date: G l
Date:`
2014 AVON REDS, WHITES & BREWS FESTIVAL AGREEMENT
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