07-03-2017 Westin -2017 Salute to the USA Sponsorship AgreementAvon I Endless
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COLORADO
2017 SALUTE TO THE USA SPONSORSHIP AGREEMENT
THIS AGREEMENT ("Agreement") is made entered into, by and between the Town of Avon
("TOWN"), an incorporated Town of the State of Colorado, with its principal offices at One Lake
Street, Avon, Colorado, 8162o, and the Westin Riverfront Resort & Spa at Beaver Creek Mountain,
with its offices at 126 Riverfront Lane, Avon, Colorado, 81620 ("WESTIN").
RECITALS
Whereas, the TOWN will develop, organize and produce Salute to the USA ("EVENT") on July 3, 2017,
at Harry A. Nottingham Park and the Avon Pavilion; and,
Whereas, WESTIN, with the real estate company of Slifer Smith & Frampton, collectively known here
and hereafter as the Title/Presenting Sponsor ("SPONSOR") has agreed to provide financial support
for the EVENT in exchange for certain promotional rights from the TOWN.
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:
i. Term -The term of this Agreement shall begin on May 31, 2017, and shall continue in full force and
effect through July 14, 2017.
2. Sponsorship Payment Date & Exclusive Right to Title Sponsor -
2.1. WESTIN agrees to pay the TOWN a lump -sum sponsorship payment of ten thousand dollars
($io,000) and to collect and pay to the TOWN a lump -sum sponsorship payment of five
thousand dollars ($5,000) from Slifer Smith and Frampton, for a total of $15,Ooo, not later
than June 29, 2017, in exchange for the sponsorship and benefits promised herein, including
but not limited to the having the exclusive recognition as being the EVENT's Title/Presenting
Sponsor.
2.2. SPONSOR shall have the exclusive right as the EVENT's Title/Presenting Sponsor, which is the
EVENT's highest level of sponsorship support. The TOWN 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 lodging property will be
solicited or accepted'as a sponsor of the EVENT.
2.3. The TOWN shall retain the sole right to name contribution levels and determine benefits to
any and all the sponsors.
3. Benefits Provided - TOWN grants exclusive sponsorship benefits to the SPONSOR, as listed in the
2017 Title Sponsorship Benefits, Salute to the USA —July 3rd attachment to this Agreement.
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2017 Salute to the USA Title/Presenting Sponsorship Agreement
4. Reference to Sponsorship in Advertising - Subject to the TOWN'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.
5. Use of Trademarks - SPONSOR grants the TOWN 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 the TOWN to refer to WESTIN SALUTE TO THE USA
PRESENTED BY SLIFER SMITH & I=RAMPTON.
The TOWN grants SPONSOR the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, solely to use the TOWN's logo, to advertise, publicly represent and
otherwise promote the fact that it is a SPONSOR of the EVENT. This license specifically authorizes
SPONSOR to refer to itself as a SPONSOR of the EVENT.
6. Fulfillment) Force Majeure Events - In the event the EVENT or any scheduled performance or
activity is cancelled by the TOWN or 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. Should the EVENT be
postponed (but not cancelled) for any reason after June 1, 2017, the sponsorship fee will not be
refunded.
7. Discretionary Matters - It is agreed that the TOWN 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 the TOWN.
SPONSOR has no right to control or direct the result of or the details, methods, manner or means by
which the TOWN manages or operates its business or performs the services related to
transportation, facilities, equipment and supplies needed to fulfill this Agreement.
The TOWN reserves the right to terminate this Agreement with SPONSOR when SPONSOR'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 the TOWN; 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:
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2017 Salute to the USA Title/Presenting Sponsorship Agreement
TOWN:
Virginia Egger, Town Manager
One Lake Street
P.O. Box 975
Avon, Colorado 81620
Via Email: vegger@avon.org
COPY TO:
Casey Willis, Special Events Manager
Phone: 970-748-4032
Via Email: cwillis@avon.org
SPONSOR:
Kristen Pryor, General Manager
Chris Cofelice, Director of Sales & Marketing
Westin Riverfront Resort & Spa at Beaver Creek Mountain
126 Riverfront Lane
P.O. Box 9690
Avon, Colorado, 81620
Via Email: KPryor@westinriverfrontbeavercreek.com
CCofelice@westinriverfrontbeavercreek.com
9. 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.
io. 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 TOWN, its
officials, employees, contractors, or agents, or any other person acting on behalf of the Town of
Avon and, in particular, governmental immunity afforded or available pursuant to the Colorado
Governmental immunity Act, Title 24, Article To, Part 1 of the Colorado Revised Statutes.
ii. No Third Party Beneficiaries - Nothing containgd 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.
n. Damages - The parties agree that the Town of Avon shall not be liable for incidental, indirect or
consequential damages and that any liability of the Town of Avon for monetary damages shall be
limited to the amount of sponsorship funds received by the Town of Avon.
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2017 Salute to the USA Title/Presenting Sponsorship Agreement
In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first
written above.
TOWN:
Town of Avon Date
Virginia Egger, Town Ma ag r
SPONSOR:
Westin
Kristen Pryor �-e Date
Genera[ Manager
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2017 Salute to the USA Title/Presenting Sponsorship Agreement
2017 TITLE SPONSORSHIP BENEFITS
SALUTE TO THE USA - JULY 3RD
PRE -EVENT BENEFITS:
t. SPONSOR shall have the exclusive right as the EVENT's "Tittle Sponsor"r which is the EVENT$
Inighest level of sponsorship support. No other "Title Sponsor" shall be solicited for the "Salute
to the USA" on JulY3id . 207-
2. EVENT name Will be"[SPONSORNAME] Salute tothe USA'in the presenting position.
3. EVENT name will be included in:
3.t 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 passu
3.1 All print, including but limited to posters, plus web, radio and social media related
marketing developed in support of the EVENT.
3.5 Taavn"s "[SPONSOR NAME] Salute to the USA" bridge banner, which will hang from or
about June 6, 2ot7, through or about July 5,2o17, on the north side of the Railroad Bridge
on Avon Road. [Town will pay for this banner.]
3.6 SPONSOR may produce SPONSOR sWmgejhanners as the title sponsor to be hung on
light pole on Avon Road and Post Boulevard roundabouts from about June 6 — July 5,
2at7, as approved by the TOWN and in alternating form with any TOWN andlor TOWN
sponsored festival banners during the period. The TOWN shall provide up to twelve (tx)
light pole banner locations accoi rnnodating two (z) banners per location.
[Signagejbannerproduction costs are not included in thesponsorsNp fee.]
3.7 Four (,I) Variable Message Boards in conjunction with EVENT announcement and
promotion.
EVENT DAY BENEFITS:
t, SPONSOR will be thanked during the open narration and close narration of the fireworks.
z. One ta' x ta' SPONSOR display space, with tent to be provided by the SPONSOR.
3. Placement of up to ten (io) SPONSOR banners throughout EVENT venue. Three (_3) SPONSOR
banners shall be placed at each of the three (3) main entrances to the EVENT and one (t)
SPONSOR banner shall be placed at the VIP area. [Signage production costs are not included
in the sponsorship fee.]
g. VIP Credentials, Parking Pemdts and Catered Asea)
5.t Thirty (3o) VIP credentials.
5.2 Ten (to) parking credentials. Parking for VIP's shall be in any of the close -in lots which
are identified by theTown.
5-3 A catered meal, beer, wine and sodafwater at the VIP area for all thirty (3o) VIP
admissions.
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2017 Salute to the USA Title/Presenting Sponsorship Agreement