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05-03-2017 Cover Rock Wind Management AgreementAvon C O L O N A b O Avon Pavilion Stage Curtain Wind Management Agreement THIS AGREEMENT is made and entered into on May 3, 2017, 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, 8162o and True Local EVENT, LLC ("PRODUCER"), a Colorado Limited Liability Company, with its principal offices at 275 Main Street Garnet, U2o1 Edwards, Colorado, 81632. RECITALS WHEREAS, PRODUCER shall be using the Avon Pavilion, which has retractable stage curtain, which may be opened or closed on June 21— 25, 2017, for production of the Cover Rock Music Festival (EVENT); and WHEREAS, the parties desire to set forth the terms and conditions for how the stage curtain shall be managed and used during each 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. PRODUCER and AVON have agreed that: 1. AVON shall install a PWW for the EVENT on June 21, 2017, by 5:00 p.m. and shall remove the PWW on June 25, 2017. The location of the PWW is depicted in the attached EXHIBIT. 2. Once the PWW is constructed, the stage curtain shall remain open throughout the EVENT, with the curtain stored in the curtain storage closets. 2. Wind Management Protocol 1. AVON has designated the Town Engineer or his designee(s) as the on-site Avon Wind Monitor (AWM). 2. PRODUCER shall designate the stage manager (SM) or other representative to be solely responsible to the AWM by not later than June 1, 2017. 3. The AWM shall place an anemometer on the Pavilion not later than 24 hours before EVENT date, and review its working condition with the SM. 4. The AWM shall review the wind speed forecasts as produced by the National Weather Service (NWS) for each EVENT date, and provide to the SM the 24-hour wind speed ("24HWS") forecast by not later than 9:00 a.m. of each EVENT day. 5. If the NWS has issued a wind advisory for sustained winds of 31 to 39 mph and/or wind gusts Of 46 — 57 mph, the AWM, SM, PRODUCER and Town Manager shall consult and decide how to' manage the Pavilion and the Premises for the safety of the crew and all attendees, including Premises evacuation, if warranted. Avon Pavilion Curtain - Wind Management Agreement Page 1 of 3 3. SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. TOWN OF AVON By: By: /;�o ( )", ""9, ��3 gini Tom Dobrez Vir. Egger, Tov anager I DATE: ?2017 DATE: 1 g 12017 TRUE LOCAL EVENT LLC Avon Pavilion Curtain;- Wind Management Agreement Page 2 of 3 04. eZ . K { - .. # t Aa