01-01-2018 Avon Live! Concerts in the ParkAvo n
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2o18 TOWN OF AVON SPECIAL EVENT AGREEMENT
FOR THE
AVON LIVE! CONCERTS IN THE PARK
THIS AGREEMENT ("Agreement") is made and entered into on January 1, 2018, 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 Peak Performances, Inc. ("PRODUCER") with its
principal offices at 44o D Street, Golden, Colorado 80401.
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
WHEREAS, the PRODUCER filed a 2o18 Special Event Application ("2oM PRODUCER APPLICATION"), for
producing the Avon LIVE! Concerts in the Park("EVENT"), and the Avon Ad Hoc Special Events
Committee reviewed the 2018 PRODUCER APPLICATION, and recommended dates and/or funding for
the EVENT to the Avon Town Council, which were approved by the Avon Town Council by
Resolution 17-26, on November 15, 2017; and
WHEREAS, the parties recognize the mutual benefits of PRODUCER producing and AVON hosting the
EVENT; and,
WHEREAS, it is the parties' intention that this Agreement define the duties, obligations and conditions
with respect to the production of the EVENT so that it is conducted in a manner and direction to be
established by both parties, and so that this Agreement is consistent with the 2018 PRODUCER
APPLICATION filed with the Town and governed by the provisions of the Avon Municipal Code, as may
be applicable; and,
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
i. SPECIAL EVENT PERMIT
Execution of this Agreement shall constitute issuance of a Special Event Permit. AVON waives the
$loo application fee pursuant to Avon Municipal Code Section 9.40.
1.1. This Permit grants PRODUCER the right, and imposes the duty, to use the PREMISES as
defined in this Agreement for the purpose of producing the EVENT, subject to compliance
with the terms and conditions of this Agreement.
1.2. A Producer Toolkit has been prepared, which includes numerous resource documents for
AVON producers to assist them when planning and producing an EVENT. The Producer Toolkit
can be found at www.avon.org/specialevents.
1.3. All references to the Town Manager in this Agreement may also include the Town Manager's
designee(s). AVON'S chain of command shall be provided by the Town Manager to the
PRODUCER within ten (1o) business days of execution of this Agreement
1.4. PRODUCER shall provide to the Town Manager the PRODUCER'S chain of command within
ten (1o) business days of execution of this Agreement.
2. ATTENDANCE ESTIMATE & SERVICES TO MEET ATTENDANCE
2.1 ATTENDANCE ESTIMATE
The PRODUCER'S 2018 PRODUCER APPLICATION estimated total attendance at the EVENT per
day to equal up to 1,5oo, based upon the following types of attendees:
Number participants as paid or free ticket buyers, registered competitors, etc.: up to 1,500
Number of spectators, if applicable: Non -applicable
Number of artists, exhibitors, vendors, etc.: up to 15
Number of event staff — paid or volunteer, including contractors: up to 15
Total Attendance Per Day: up to 1,500
2.2 SERVICES TO MEET ATTENDANCE
PRODUCER shall provide those services and meet the PRODUCER responsibilities described in
this Agreement for each day's total attendance as estimated in Section 2.1. Should PRODUCER,
at any time, estimate that greater than the total daily attendance is likely, the Town Manager
shall be promptly noticed, and PRODUCER will be responsible to meet any new service
demands prior to the start of the EVENT.
3. PREMISES
The PREMISES for the EVENT are depicted on Attachment A and are defined as a portion of Harry
A. Nottingham Park, including the Pavilion (stage deck, event terrace, viewing plaza, green room,
basement), all paths of access leading to and from the Pavilion, and the Park Log Cabin and
Playground, but not including the Avon Recreation Center, Picnic Shelter, Lower Athletic Field,
Nottingham Lake/Beach, Basketball Courts, Sand Volleyball Courts, Tennis or Pickleball Courts.
PREMISES will also include any public or private parking lots made available to the PRODUCER (See
Section 1o).
4. DATES AND HOURS OF USE
4.1 EXCLUSIVE USE
PRODUCER is granted an exclusive use of the PREMISES on each of the EVENT days, from 11:oo
a.m. to 11:oo p.m. for set-up, EVENT production, and clean-up. EVENT days are July 11, 18, 25,
2o18 and August 1, 2018. PRODUCER has agreed to allow AVON access to the PREMISES to host
a community picnic August 1, 2o18 as detailed in Attachment E.
4.2 CHANGE OF DATES AND HOURS OF USE
PRODUCER may request, as a result of weather or catastrophic events, a change to the
PREMISES, and/or an extension or delay of the aforementioned timelines, after which AVON
may approve the request in writing. Approval of the request from PRODUCER for an extension
or delay of the agreed upon timelines will not be unduly withheld by AVON.
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5. PREMISES SET-UP & TEAR DOWN PLAN
5.1 PRODUCER RESPONSIBILITIES
PRODUCER shall provide a PREMISES set-up and tear down plan to the Town Manager by 5:00
p.m., not later than fourteen (14) business days prior to the first day of the EVENT.
The plan shall include:
5.1.1 A schedule (dates and times) for installation/removal of all proposed structures;
5.1.2 A detailed 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, ADA areas, addition of a plywood road for heavy trucks,
vendor spaces, adequately sized boneyard (i.e. storage and staging area), crowd
management areas and designated smoking area.
5.2 AVON RESPONSIBILITIES
AVON shall review the set-up and tear down plan within five (5) business days of receipt and
notice the PRODUCER of any concerns that may need to be addressed.
6. PREMISES INSPECTION & USAGE
6.1 PRE -EVENT INSPECTION
PRODUCER and the Town Manager shall jointly perform and document a pre -EVENT inspection
of the PREMISES not later than 1:30 p.m. on each of the EVENT days before the PREMISES are
released to PRODUCER.
6.1.1 PRODUCER, by attending the pre -EVENT inspection, verifies that the Avon
Performance Pavilion Technical Specifications, provided in the Producer Toolkit, have
been reviewed, are understood, and will be followed as presented.
6.1.2 PRODUCER acknowledges and agrees that AVON is permitting PRODUCER to use the
PREMISES, including the Avon Pavilion, in its "as is" condition and that AVON shall be
under no obligation to replace, upgrade or otherwise modify the facilities.
6.2 PREMISES USAGE
The following guidelines shall be observed for usage of the PREMISES, including the Pavilion:
6.2.1 Use the Pavilion only in the manner permitted by this Agreement and do not allow or
permit the use of the Pavilion for any other purpose or any other reasonably
objectionable or unlawful act.
6.2.2 PRODUCER shall not install, place, inscribe, paint or otherwise attach and shall not
permit any banner, sign, advertisement, notice, marquis, or awning on or within the
Pavilion, without the prior review and consent of Avon in each instance.
6.2.3 PRODUCER shall, at its own expense, provide and maintain in first-class condition all
permitted signs and shall, upon the expiration of this Agreement, at its own expense,
remove all such permitted signs and repair any damage caused by such installation
and/or removal. AVON shall have the right to remove all non -permitted signs without
notice to PRODUCER, at the expense of the PRODUCER.
6.2.4 PRODUCER will respect and utilize PREMISES improvement locates and stakes shall
not 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
3 1 P a g e
Manager.
6.2.5 PRODUCER shall not make alterations, additions or improvements on or to the Pavilion
without the prior written consent of Avon, to include, but not limited to tenting,
catering equipment and portable facilities. All such work shall be performed in a good
and workmanlike manner.
6.2.6 By order of the Eagle River Fire Protection District, PRODUCER will ensure that NO
THEATRICAL SMOKE, without approval, is blown on the Pavilion and NO
PYROTECHNICS OF ANY SORT are to be detonated. Decorative open flame, fire pits,
patio style heaters and/or fire performers 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).
6.2.7 To the extent licensed personnel, such as electricians, medical, emergency response
or health official, are required to conduct certain services or inspections, PRODUCER
shall abide by these local and State requirements.
6.2.8 PRODUCER agrees to make every effort to retain volunteers and paid staff from
qualified persons residing in the Town of Avon or Eagle County.
6.2.9 Internet - AVON contracts with Comcast for all wireless services related to Town
business. PRODUCER may use Comcast --provided internet service for lawful purposes
only. Any transmission or re -transmission of material in violation of any federal or state
laws or regulations is expressly prohibited.
Through Comcast, AVON shall provide access to the internet for the PREMISES only,
through TOA -Public secured with an EVENT password for the express use of
PRODUCER's box office/ticket sales, EVENT merchandise sales, vendor booth sales and
media only. TOA -Public bandwidth is loo megabits down/2o megabits up. Under no
circumstances shall PRODUCER share the password with the general public.
PRODUCER shall advise AVON by not later than fifteen (15) business days prior to the
EVENT of the desired EVENT Wi-Fi password.
6.3 POST -EVENT INSPECTION
PRODUCER and the Town Manager shall jointly perform and document a post -EVENT
inspection of the PREMISES not later than 11:oo p.m. on each of the EVENT days before the
PREMISES are returned to AVON.
PRODUCER shall notify the Town Manager of any problems or damage that may have occurred
during the EVENT during the post -EVENT inspection. PRODUCER shall be liable for any damage
to the PREMISES and any adjacent Town Property caused by the installation or removal of any
alteration, addition or improvement. AVON may take action to repair and restore any damage
caused by PRODUCER and PRODUCER shall be liable for such costs, including reasonable
attorneys' fees and costs to enforce this Agreement.
7. SECURITY SERVICES
7.1 PRODUCER RESPONSIBILITIES
PRODUCER shall assure the EVENT will be operated in a safe and secure manner and provide
for all security needs for the EVENT.
7.1.1 Contracts for services with the PRODUCER'S security agency(s) shall be provided to
the Town Manager forty-five (45) days prior to the first date of the EVENT.
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7.1.2 Security requirements shall meet the audience profile.
7.1.3 Requirements include, but are not limited to, security needs for alcohol sales,
enforcement of marijuana restrictions, crowd management, lost children protocol,
lost and found protocol, entry gate security checks, trespassing, and a communication
protocol for law enforcement and emergency response agencies, including a chain of
command.
7.1.4 When necessary, security for traffic management may be required, including external
support from the Colorado Department of Transportation, Colorado Highway Patrol
and/or Eagle County Sheriff's office.
7.1.5 PRODUCER security personnel shall be identified by shirts and/or hats.
7.2 AVON RESPONSIBILITIES
The Town Manager shall review the contract(s) for security services, within fifteen (15)
business days of receipt and notice the PRODUCER of any concerns, which may need to be
addressed.
Upon final acceptance of the security contract(s), the Town Manager, in her/his sole
discretion shall determine the number of law enforcement officers AVON shall provide for
the EVENT. AVON law enforcement costs may be included, in part or in whole, in the in-kind
services provided by AVON, if applicable.
8. MEDICAL AND EMERGENCY RESPONSE SERVICES
8.1 PRODUCER RESPONSIBILITIES
PRODUCER shall assure the EVENT shall provide for on-site medical and emergency needs and
response requirements of the EVENT.
8.1.2 Contracts for services with the PRODUCER'S emergency response agencies shall be
provided to the Town Manager forty-five (45) days prior to the first date of the EVENT.
8.1.3 Contracts must be able to address on-site response for attendees who are
experiencing heat exhaustion, dehydration, severe intoxication and/or are under the
influence of drugs, are injured on site or any other medical need.
8.2 AVON RESPONSIBILITIES
The Town Manager shall review the contract(s) for service, within fifteen (1 5) business days of
receipt, and notice the PRODUCER of any concerns, which may need to be addressed.
9. SANITATION & RESOURCE RECOVERY
9.1 PRODUCER RESPONSIBILITIES
PRODUCER shall provide for the sanitation facilities, resource recovery (composing and
recycling) cleanliness and cleaning needs of the EVENT.
9.1.2 Contracts for services with the PRODUCER'S sanitation and recovery agencies shall be
provided to the Town Manager forty-five (45) days prior to the first date of the EVENT.
9.1.3 Contract services shall cover refuse management, recycling, composting, portable
restrooms, grounds and Pavilion cleaning and all parking lots included in the defined
PREMISES.
9.2 AVON RESPONSIBILITIES
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AVON shall review the contracts for service within fifteen (15) business days of receipt and
notice the PRODUCER of any concerns that may need to be addressed.
io. PARKING
AVON, based upon event experience in the town, to date, has determined that parking space
requirements for events shall be as follows:
Attendance Parking Space Estimate
1500 or fewer persons
388
3,501-2,000 persons
250
Z001-3,000
375
3,001or greater
TBD
io.i Public parking lots, owned by AVON, the Avon Elementary School parking lot, and Town
streets are the primary parking areas for the EVENT, accounting for 270 spaces, within walking
distance to the PREMISES. When required to meet parking demand beyond these parking
spaces, the Town Manager will make a best effort to secure private lots to meet parking
demand or provide shuttle service to the Traer Creek Plaza underground parking lot. AVON
shall notice the PRODUCER of all available parking lots and street parking estimates not less
than sixty (6o) days prior to the first date of the EVENT.
10.2 Once parking lots are secured, the PRODUCER will be responsible for staffing,
signage, and sanitation, and any insurance requirements.
10.3 Should a private parking lot owner or manager require payment for use of a lot, the
PRODUCER shall negotiate with parking lot owner the fee and pay the amount required not
less than forty-five (45) days before the first day of the EVENT. The Town Manager may serve
as a facilitator during the fee negotiation or negotiate the fee, when requested, on behalf of
the PRODUCER. Certificates of insurance for any and all private parking lot owners shall be
provided to the Town Manager not later than ten (1o) business days prior to the first day of
the EVENT. Producer has the option to decline use of a private parking lot if the fees are
deemed unacceptable; however, the PRODUCER is not relieved of the responsibility of
ensuring the event has enough parking for the estimated number of people in attendance.
ii. MULTIMODAL TRANSPORTATION SERVICES
The Avon Town Council's adopted Climate Action Plan emphasizes the importance of walking,
biking, carpooling and using bus transit. AVON and the PRODUCER agree to encourage attendees,
staff, volunteers, etc. to take public transportation, bike, walk and carpool.
AVON will be responsible for providing bike racks on-site for the EVENT. Extended in -town bus
service may be provided when the Beaver Creek and/or Traer Creek Plaza lots are included in the
EVENT parking.
12. AMPLIFIED SOUND PERMIT
12.1 PRODUCER RESPONSIBILITIES
PRODUCER will submit an Application for Outdoor Use of Amplified Sound System
(Application), pursuant to Avon Municipal Code 5.24, by not later than 5:00 p.m. forty-five (45)
mom.
days prior to the first day of the EVENT. The Application will include, if applicable:
12.1.1 SOUND CHECKS — Dates and times of sound checks will be listed. Duration is limited
to a three -song sound check lasting no more than twenty (20) consecutive minutes for
each artist.
12.1.2 PERFORMANCE TIMES — Dates and times of all performances and/or announcements
will be listed.
12.1.3 CHANGE OF TIMES - PRODUCER may request, as a result of weather or catastrophic
events, an extension or delay of the aforementioned timelines, after which AVON may
approve the request in writing. Approval of the request from PRODUCER for an
extension or delay of the agreed upon timelines will not be unduly withheld by AVON.
12.1.4 SOUND VOLUME
PRODUCER agrees the volume for any sound check and during performance times
will be moderated to achieve the sound quality needed for the EVENT and shall be
considerate of the surrounding neighborhoods. The Town Manager may request
the volume be reduced at any time during the EVENT.
12.1.5 SOUND PENALTY
PRODUCER acknowledges and agrees that strict adherence to the sound check and
performance times approved in the Sound Permit and are a material term of this
Agreement. PRODUCER shall pay a penalty of one hundred dollars ($1oo.00) per
minute for music, public address announcements, sound check, or any other
amplified sound that occurs before or after any time period in which amplified sound
is permitted.
PRODUCER acknowledges and agrees to pay the sound penalty assessed, by not later
than 5:00 p.m., thirty (3o) days after the last day of the EVENT. Payment will be
received prior to release of the EVENTS final payment as set forth in Section 18.1.3, if
applicable.
12.2 AVON RESPONSIBILITIES
12.2.1 The Town Manager, within five (5) business days of receiving the Sound Permit
application, will notify the PRODUCER whether review and action will be done
administratively or require action by the Town Council. If action is required by the
Town Council, the Town Manager will notify the PRODUCER of the meeting date
before the Town Council.
12.2.2 If action on the Sound Permit is administrative, the Town Manager shall take action
within ten (1o) business days.
12.2.3 AVON agrees to waive the $25 Sound Permit Application Fee.
13. VENDOR LICENSING & PAYMENT OF SALES TAXES
13.1 PRODUCER RESPONSIBILITIES
13.1.1 PRODUCER shall provide a list of vendors to the Town Manager by not later fifteen (15)
business days prior to the first day of the EVENT. AVON recognizes this list may be
subject to change until the day of the event; however, the PRODUCER will work with
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AVON to provide up to date information as available and follow up after each EVENT
to verify what vendors were in attendance for sale tax purposes.
The list shall include: All vendors, sponsors and non -profits, engaged in selling food,
beverage, merchandise, wares, admissions, etc. during the EVENT and will include: The
business names/dba, physical address, mailing address, phone number, email address,
contact, and type of activity.
13.1.2 PRODUCER shall register for a Sales Tax License with the Town of Avon; there is not a
fee assessed for this license. The Sales Tax License, and instructions, can be found at
www.avon.or , "On -Line Payments" button, located at the bottom of the screen.
A PRODUCER, who has not been on MuniRevs before, will need to register by clicking
"New User" to apply for an account; then follow the online steps provided. If a
PRODUCER needs assistance, contact support@munirevs.com or call 888-751-1911.
A PRODUCER, who is currently registered, will access by clicking "Existing Users"; they
will login to their account and access "Manage Your Business" to register for a Sales
Tax License. If a PRODUCER needs assistance, the PRODUCER should contact
support@munirevs.com or call 888-751-1911.
13.1.3 The PRODUCER shall collect and remit sales tax for any vendor engaged in selling at
the EVENT.
13.1.4 PRODUCER acknowledges and shall abide by AVON's Prohibition of Marijuana
Businesses at Town Owned Venues for Town of Avon Permitted or Sponsored Festivals
and Special Events, which can be found in the Producer Toolkit.
13.2 AVON RESPONSIBILITIES
AVON contracts with MUNIRevs for management of the Town's sales tax licensing and
collection needs. AVON shall ensure all information is up-to-date on the Town's website
portal and MUN[Revs shall assist PRODUCER's new to the process, as needed.
14. SPECIAL EVENT LIQUOR PERMIT
14.1 PRODUCER RESPONSIBILITIES
PRODUCER shall be solely responsible for identifying a local non-profit to acquire a Special
Event Liquor Permit for the EVENT, and is asked to consider one or more of the local non-
profits as the Liquor Permit applicant.
14.1.1 Application for the Liquor Permit and all insurance and indemnification requirements
pursuant to AVON Municipal Code 5.o8.170 shall be the responsibility of PRODUCER
and its nonprofit. The requirements can be found in the Producer Toolkit.
14.1.2 PRODUCER shall submit to the Town Clerk a Special Event Liquor Application by not
later than 5:00 p.m., forty-five (45) days prior to the EVENT date.
14.2 AVON RESPONSIBILITIES
AVON shall maintain a list of local non -profits, for consideration by the PRODUCER. The list
can be found in the Producer Toolkit.
15. MARKETING
15.1 PRODUCER RESPONSIBILITIES
15.1.1 PRODUCER shall implement the Marketing Plan, which was provided in the 2o18
PRODUCER APPLICATION, and is attached to this Agreement as Attachment B.
15.1.2 In addition, the PRODUCER shall advertise through all media outlets, and with signage
to be placed at PREMISES entrance/exit, Avon Transportation Center, pedestrians
paths of ingress/egress, and parking lots the following: i) no open containers are
allowed within Avon; z) there is no vending without a Town license; 3) there is no
parking on private property without permission of the property owner; 4) no loitering;
5) it is illegal to smoke marijuana out-of-doors in the Town of Avon, including the
PREMISES; and, 6) all parking and mobility information.
15.1.3 PRODUCER agrees to provide AVON, by not later than sixty (6o) days after the EVENT,
not fewer than five (5) professional quality reproducible photographs and not less
than ninety (go) seconds of edited video from the 2o18 EVENT for use by AVON in any
and all AVON marketing and or promotions, which may include, but is not limited to
print, web, social channels, etc.
15.2 AVON RESPONSIBILITIES
15.2.1 AVON will post on its website, content, provided from the PRODUCER, within five (5)
business days after receipt of "posting ready" materials from the PRODUCER. Content
may include a high-resolution EVENT logo and up to five (5) professional quality
reproducible photographs and edited video, not to exceed ninety (go) seconds.
15.2.2 AVON shall disseminate PRODUCER prepared press releases and Facebook postings,
as soon as possible, once received from the PRODUCER.
15.2.3 AVON will post the EVENT in its "all 2018 events" website postings and press releases.
15.2.4 In addition to the "Exempt Admissions" authorized by Resolution 15-o8, AVON will
make available up to three hundred (300) additional "Exempt" single -day admissions
(Complimentary Media) to the PRODUCER specifically for marketing purposes.
16. AVON CASH AND IN-KIND SPONSORSHIP & USE OF FUNDS
16.1 PAYMENT OF CASH FUNDS SCHEDULE
Cash funding of $67,500.00 was appropriated by the Avon Town Council to support the
EVENT. Funds will be released as follows:
16.1.1 Eighty percent (8o%) within ten (1o) business days of execution of this Agreement by
both parties.
16.1.2 Twenty percent (2o%) after post -EVENT inspection and payment for damage to Avon
assets or the PREMISES, if any, completion of after -EVENT staff and Ad Hoc Special
Event Committee review meetings, and receipt and approval of Post -Events Survey.
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16.2 USE OF CASH FUNDS
PRODUCER may use cash funds to defray the production costs of the EVENT, including
implementation of the PRODUCER'S Marketing Plan, which was provided in the 2oi8
PRODUCER'S APPLICATION.
16.3 IN-KIND SUPPORT
AVON shall provide in-kind support to PRODUCER as shown in Attachment C, in an amount
not to exceed $522.9o. The Town Manager shall track the in-kind expenses and notify the
PRODUCER at any time the award level is being approached.
17. AVON BENEFITS AS A SPONSOR
17.1 PRODUCER shall provide a complete list of sponsor benefits at a level commensurate to other
EVENT sponsors and list of fulfillment benefits, which AVON shall receive on May 1, 2018.
Should AVON be entitled to complimentary advertising, photography or other media
exposure in any of the EVENT program or other informational materials, PRODUCER shall
provide AVON all production specifications and deadlines a minimum of forty-five (45) days in
advance of the publication.
17.2 COMPLIMENTARY ADMISSIONS
PRODUCER shall provide complimentary admission for the following attendees:
17.2A AVON staff providing services, in-kind and/or paid, as approved by the Avon Town
Manager.
17.2.2 Transferable VIP Full Pass for the Avon Town Council and Town Attorney, plus one
guest for each of the aforementioned, for a total of sixteen (16) VIP passes.
17.2.3 Transferable general admission passes for the Ad Hoc Special Events Committee, plus
one guest for a total of twenty (20) passes.
17.2.4 VIP All Access Pass Admission and credential (if applicable) for the Avon Town
Manager, Special Events Manager, Special Events Production Assistant and Town
Engineer.
18. SUCCESS METRICS —EVENT INTERCEPT SURVEY/POST-EVENT SURVEY
i8.i PRODUCER RESPONSIBILITIES
PRODUCER shall conduct on-site intercept survey or a post -event survey. The survey
instrument questions and final report shall be provided to AVON within thirty (3o) days of the
last day of the EVENT.
18.2AVON RESPONSIBILITIES
If AVON includes the EVENT in either an on-site intercept survey or a post -event survey via
email, PRODUCER shall grant access to AVON'S consultant firm. AVON shall retain and have
ownership of the data collected by AVON; and, the survey instrument questions and final
report shall be provided to the producer within sixty (6o) days of AVON receiving the final
report.
i9. POST EVENT REVIEWS
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The Town Manager and PRODUCER, and respective key staff, shall meet on August 7, 2018, at »:oo
a.m., in the Avon Town Hall to review the EVENT. The meeting date may be changed with
agreement by the parties.
The PRODUCER shall meet with the Ad Hoc Special Events Committee at its regular meeting
following the completion of the post -event survey, or as soon as practicable.
20. DAMAGE DEPOSIT
20.1 PRODUCER RESPONSIBILITIES
PRODUCER has asked to forgo providing a damage deposit. In doing so, the PRODUCER
recognizes all liability of damages occurred via negligence or willful misconduct during usage
of the PREMISES are entirely the PRODUCER's responsibility and PRODUCER shall cover all
costs of repairs and replacements.
23. INSURANCE & INDEMNIFICATION
23.1 PRODUCER RESPONSIBILITIES
PRODUCER agrees to indemnify the Town of Avon, its officers, agents and employees, and to
hold them harmless against any and all claims, actions, demands or liabilities, including
attorney fees and court costs, for injury, death, damage or loss to person(s) or property arising
out of or directly or indirectly resulting from PRODUCER's actions or omissions in connection
with the conduct of the EVENT.
PRODUCER shall obtain general liability insurance coverage within the minimum limits set
below naming AVON as an additional insured and insuring 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 EVENT. The policy dates shall include the entire range
of dates for which Town property is used.
The minimum limits and requirements of the coverage for less than 1,000 in attendance shall
include: $i,000,000 per occurrence primary coverage, and $2,000,00o annual aggregate; 30
days' written notice of cancellation; host and general liquor liability insurance in the same
amounts listed above if applicable; $1,000,000 personal and advertising injury coverage; and
$50,000 fire damage. For attendance greater than 1,000, the requirements are as follows"
23.1.1 PRODUCER shall provide to AVON proof of Comprehensive Automobile Liability insurance
for any private motor vehicles owned by PRODUCER or its officers, agents, or employees
that are used as part of the EVENT. 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.
23.1.2 PRODUCER shall provide written evidence of all insurance coverage required in this
paragraph 23.1.2 to the Town Manager no later than thirty (30) days prior to the first day
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23.1.1 PRODUCER shall provide to AVON proof of Comprehensive Automobile Liability insurance
for any private motor vehicles owned by PRODUCER or its officers, agents, or employees
that are used as part of the EVENT. 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.
23.1.2 PRODUCER shall provide written evidence of all insurance coverage required in this
paragraph 23.1.2 to the Town Manager no later than thirty (30) days prior to the first day
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of the EVENT. All required insurance policies shall be non -cancellable without thirty (30)
days prior written notice to AVON.
23.1.3 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
$350,000 per individual claim and $ggo,000 for multiple claims arising from a single
incident) or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, Section 24-10-1ol et seq., 10 C.R.S., as from time to time
amended, or otherwise available to AVON, its officers, agents, or employees.
23.1.4 PRODUCER shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to paragraph 25.1 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.
23.1.5 All subcontractors of PRODUCER shall be required to list the Town of Avon, its elected
officials, officers and employees as additional insured and provide the appropriate
certificate of insurance to Avon upon request.
24. EVENT CANCELLATION
Either party may cancel the EVENT 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.
24.1 The EVENT may be canceled by the Town Manager if the terms of this Agreement are not
substantially fulfilled in a timely manner or in 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 PRODUCER written notice and
PRODUCER shall have fifteen (15) business days to cure the term or such longer time as
mutually agreed by the parties. Should PRODUCER cure, this Agreement shall continue in full
force and effect.
24.2 In the event of cancellation, AVON shall remit to PRODUCER all deposits less any EVENT
related expenditure incurred by AVON. If PRODUCER cancels the EVENT after AVON has
dedicated resources toward production and notice of such cancellation is not given ninety
(go) days prior to the first day of the EVENT, PRODUCER shall pay AVON five thousand dollars
($5,000) as liquidated damages within thirty (30) days of the previously scheduled production
date. Notwithstanding any other provision to the contrary, if PRODUCER cancels the EVENT,
PRODUCER shall return to AVON all funds provided by AVON for the EVENT within fifteen (15)
days of cancellation and any funds not returned to and received by AVON shall bear interest
at the rate set forth in Avon Municipal Code Chapter 3.32 — Interest on Past Due Accounts.
25. RELEASE OF LIABILITY
25.1 AVON assumes no responsibility whatsoever for any non -municipal property placed in said
PREMISES. PRODUCER hereby expressly releases discharges Avon from any and all liabilities
for any loss, injury or damages to any person or property of PRODUCER, its employees,
agents, concessionaires, performer, attendee, spectator or other invitee that may be
sustained by reason of the occupancy of the PREMISES under this Agreement, except for the
negligent acts of AVON or its officers, agents, employees. To the fullest extent permitted by
law, PRODUCER shall indemnify, defend and hold harmless Avon, its members, affiliates,
officers, directors, partners, employees, and agents from and against all claims, damages,
121 Page
losses and expenses, including but not limited to reasonable attorney's fees, arising out of
the performance of this Agreement, provided that any such claim, damage, loss or expense is
caused by any negligent act or omission of PRODUCER, anyone directly or indirectly employed
by PRODUCER or anyone for whose acts PRODUCER may be liable, except to the extent any
portion is caused in part by a party indemnified hereunder.
25.2 In the event the 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
EVENT, or which in the judgment of the Town Manager, renders the fulfillment of this
Agreement by AVON impossible, PRODUCER hereby expressly releases and discharges AVON
and its officers, agents and employees from any and all demands, claims, liabilities, and causes
of actions arising from any of the causes aforesaid.
26. AVON TRADEMARKS
26.1 Avon's Marks, including EVENT logos, are and shall remain the sole and exclusive property of
AVON. PRODUCER shall not hold itself out as having any ownership rights with respect to
AVON's Marks or, except as may be specifically granted hereunder, any other rights herein.
Any and all goodwill associated with any such rights shall inure directly and exclusively to the
benefit of AVON.
26.2 Subject to the terms and conditions of this Agreement, AVON hereby grants to PRODUCER a
non-exclusive, non -transferable, revocable and limited license to reproduce AVON's Marks in
connection with (1) the EVENTS; and, (2) carrying out any other PRODUCER obligations under
this Agreement. Except as expressly permitted hereunder, PRODUCER hereby covenants and
agrees that it will make no use of Avon's Marks. PRODUCER shall have no right to sublicense
its rights under this license.
26.3 PRODUCER'S use of AVON's Marks shall be strictly subject to the prior written approval of the
Town Manager, which approval may be granted or withheld in Town Manager's discretion.
Notwithstanding any provisions hereof to the contrary, prior to the printing or reproduction
of any AVON Marks pursuant to this agreement, PRODUCER shall provide AVON with samples
of all such materials for AVON's review and approval or disapproval.
26.4 Any trademarks, logos or other intellectual property developed by AVON or by PRODUCER in
connection with its EVENTS services provided hereunder shall be the property of AVON.
27. NOTICES
Any notice to either party under this Agreement shall be in writing to the following addresses:
PRODUCER
Michael O'Brien, President/CEO
44o D Street
Golden, CO 80401
Via Email: mike _ gigdiger.com
AVON
Town Manager, Town of Avon
Post Office Box 975
Avon, CO 81620
Via Email: vegger@avon.org
28. No Third Party Beneficiaries - Nothing contained in this Agreement is intended to or shall create a
13 1 Page
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 PRODUCER. 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.
29. Article X, Section 20/TABOR - The parties understand and acknowledge that the Avon is subject to
Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the
terms and requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi -fiscal year direct or indirect debt or obligation
within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the
contrary, all payment obligations of the Avon are expressly dependent and conditioned upon the
continuing availability of funds beyond the term of the Avon's current fiscal period ending upon
the next succeeding December 31. Financial obligations of the Town payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available in accordance with the rules, regulations, and resolutions of Town of
Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall
be terminated.
3o. 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.
31. Survival of Terms and Conditions -The parties understand and agree that all terms and conditions
of the Agreement that require continued performance, compliance, or effect beyond the
termination date of the Agreement shall survive such termination date and shall be enforceable in
the event of a failure to perform or comply.
32. Assignment and Release - All or part of the rights, duties, obligations, responsibilities, or benefits
set forth in this Agreement shall not be assigned by PRODUCER without the express written
consent of Avon. Any written assignment shall expressly refer to this Agreement, specify the
particular rights, duties, obligations, responsibilities, or benefits so assigned, and shall not be
effective unless approved by Avon. No assignment shall release the Applicant from performance
of any duty, obligation, or responsibility unless such release is clearly expressed in such written
document of assignment.
33• Severability - Invalidation of any of the provisions of this Agreement or any paragraph sentence,
clause, phrase, or word herein or the application thereof in any given circumstance shall not affect
the validity of any other provision of this Agreement.
34• Incorporation of Exhibits - Unless otherwise stated in this Agreement, all exhibits, applications, or
documents referenced in this Agreement, shall be incorporated into this Agreement for all
purposes. In the event of a conflict between any incorporated exhibit and this Agreement, the
141 Page
provisions of this Agreement shall govern and control.
35• Employment of or Contracts with Illegal Aliens - PRODUCER shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. PRODUCER shall not contract
with a subcontractor that fails to certify that the subcontractor does not knowingly employ or
contract with any illegal aliens. By entering into this Agreement, PRODUCER certifies as of the
date of this Agreement it does not knowingly employ or contract with an illegal alien who will
perform work under the public contract for services and that the PRODUCER will participate in the
e -verify program or department program in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under the public contract for
services. The PRODUCER is prohibited from using either the e -verify program or the department
program procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed. If the PRODUCER obtains actual knowledge that a subcontractor
performing work under this Agreement knowingly employs or contracts with an illegal alien, the
PRODUCER shall be required to notify the subcontractor and the Town within three (3) days that
the PRODUCER has actual knowledge that a subcontractor is employing or contracting with an
illegal alien. The PRODUCER shall terminate the subcontract if the subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving the notice
regarding PRODUCER's actual knowledge. The PRODUCER shall not terminate the subcontract if,
during such three days, the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. The PRODUCER is
required to comply with any reasonable request made by the Department of Labor and
Employment made in the course of an investigation undertaken to determine compliance with this
provision and applicable state law. If the PRODUCER violates this provision, Avon may terminate
this Agreement, and the PRODUCER may be liable for actual and/or consequential damages
incurred by Avon, notwithstanding any limitation on such damages provided by such Agreement.
36. Non -Liability of Town for Indirect or Consequential Damages or Lost Profits - The parties agree
that Avon shall not be liable for indirect or consequential damages, including lost profits that result
from Avon's declaration that the PRODUCER is in default of the Agreement, so long as Avon acts
in good faith.
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
BY: DATE: ZU/�
Virginia C. Egger, T n anager
PRODUCER
BY: 7'✓l�clla.�� ��3uarL
PRODUCER
DATE: March 13, 2018
151 Page
ATTACHMENT A
Premise and Parking Lots
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ATTACHMENT B
Marketing Plan as Presented in M8 Special Event Application
MARKETING & SPONSORSHIPS:
a. We found in 2015 & 2o16 that a robust print & radio marketing campaign, executed early (a
month or more before the first concert), and often (weekly for each platform) makes all the
difference. Full-page print ads, press releases, reportorial articles, radio ads, radio interviews
with the artists, and interviews with the Mayor or equivalent on TVB, will have additional
significant impact. Further, promotions offering a Family Happy Hour (1/2 price meals for the ist
hour), and a raffle giveaway, proved successful in 2017.
The proposed budget includes $6,750 per year committed to the marketing and promotional
campaign. The campaign includes the following media platforms and budget allocation:
o Art concepts and design = $650
o Avon LIVE website = $goo
o Social media = $500
o Print campaign (Vail Daily/Weekly) _ $2,500
o TV (TV8) _ $500
o Radio (KZYR) _ $500
o Promotions (VIP, raffle giveaways, Family Happy Hour)_ $z000
b. The 300 "free from admission fee" tickets will be utilized to reduce and/or extend the
marketing dollars and reach across all media platforms aforementioned, and to offer as part of
sponsorship packages.
c. Sponsorship deck design, elements and pricing would take place simultaneously and in
concert with the aforementioned creative design phase to enable the solicitation process in the
spring of 2o18.
We obtained $1500 in cash and $7000 in-kind sponsorships ion 2017, including Westin, KZYR, US
Bank, and Mountain Beverage. This was our first full sponshrip pursuit effort. We expect to
substantially increase the total in 2o18 and beyond.
The targeted sponsor categories will be in alignment with the brand and may include but are not
limited to the following:
Hospitality
• Financial Institutions
• Cellular Service Providers
• Automobile
• Malt Beverage
2o18 Special Event Application — AvonLIVE! — Peak Performances
18 1 Page
• Distilled Spirits
Media Partners
• Insurance — Medical and Other
• Clothing / Apparel
• Sports Services / Apparel
• Activity and Leisure Service Providers
Furthermore, the media exposure received by and offered to sponsors will be dependent on the
elements, pricing, exclusive arrangements and private negotiations with individual sponsors.
191 Page
ATTACHMENT C
2018 In -Kind Grant Benefits
The Town of Avon is committed to assisting producers, who are staging events at any one of Avon's
publicly -owned venues. As such, the Town may grant in-kind benefits to a producer to help facilitate use
of any facility. In-kind support includes the following:
• Facilities: Facilities are made available, at no charge to the producer, but do require a damage
deposit. Avon's Facilities include: Avon Performance Pavilion, Harry A. Nottingham Park lower
and upper fields, Nottingham Lake, the Recreation Cabin, Town Hall meeting rooms, Possibility
and Lettuce Shed Lane Plazas, the Main Street Mall and public right-of-ways and parking lots.
Assets: Assets made available to reduce the costs of production in Town venues. No fee is
charged for use, but a damage deposit is required. Examples include: tents, electric cords, turtle
boxes, stadium barricade, zero hero tents, coolers, chairs, signage, etc. Town equipment,
including use of a gator and/or lift truck, are also made available, when required, for venue set-
up/tear-down and on-site operations.
Services: Many of the service requirements for any event can be met with the producer's own
crew and volunteers, ranging from sound and light staging to trash and recycling. The Town
recognizes, however, certain venue set-up requirements, use of assets and on-site information is
needed to help producers use the outdoor venues successfully. Common services provided by
the Town include: Facility operations information, delivery of assets, instruction on asset
utilization and placement, closing of roads and parking lots, delivery of VMS boards for event
information.
Volunteers: The Town solicits volunteers each year to help with events directly produced by the
Town. At the time of recruitment, Town volunteers are asked if they would like her or his name
made available to private event producers. The Town makes those persons contact information
to private event producers on a request only basis. Town staff also can make recommendations
to producers on how best to recruit volunteers in the region.
Based upon the 2018 Special Event Application filed with the Town of Avon, the following In-kind
grant benefits are being provided:
I. Facility(s) — No Charge
FACILITY(S): DATES AND HOURS: See Section 3
• Avon Performance Pavilion Parking Lots shown on Attachment A and
• Avon Upper Field
• Avon Cabin
listed in Section 10
• Recreation Center — 40 spaces
• Avon Elementary School Parking Lot
II. Assets —No Charge
ASSETS
RESOURCE RECOVERY
QUANTITY AVAILABLE
QUANTITY GRANTED
Zero hero tents
14
14
Nifty nabber cans
35
35
RRR flag banners
89
89
Weighted stand for flag banners
6
6
Wire recycle center
4
4
ELECTRICAL SUPPLIES
QUANTITY AVAILABLE
QUANTITY GRANTED
50 ft. 6/4 spider box cord
22
22
3ft. 3 channel cable protector
26
26
Turtle Boxes — 6/ 110 outlets each
8
8
Tuff Box Feed Thru 400 Amps 120/208V - 4 x
50A California style (125/250v)
2
2
50 ft. Cords (50 amps)
3
3
50 ft. Cords (400 amp)
3
3
100 ft. Cords (50 amps)
11
11
100 ft. Cord (200 amp)
1
1
Tails (400 amp)
5
5
Cable ramps — 3 ft.
40
40
Other: Patio Heaters (Does not include
propane)
4
4
SOUND EQUIPMENT
QUANTITY AVAILABLE
QUANTITY GRANTED
Sound board**
1
Microphone **
1
Speakers
3
Movie screen
1
Projector
1
Scaffolding for Projector
1
TENTS
QUANTITY AVAILABLE
QUANTITY GRANTED
White Tents 10 x 10
4
10x10 Air Dome Tent
5
211I,a
17x17 Air Dome Tent
1
Air Dome Weights
24
Tent weights
60
ASSETS
CHAIRS/TABLES
QUANTITY AVAILABLE
QUANTITY GRANTED
Adirondack chairs
30
Birchwood Folding Banquet Table — 8ft.
(30" x 96")
4
Birchwood Folding Banquet Table — 6ft.
(30" x 72")
4
Cocktail Tables (30" round; 42" pole)
10
Orange water coolers
4
Coolers
10
Resin folding chairs
70
Birchwood round tables (72")
10
FENCING
QUANTITY AVAILABLE
QUANTITY GRANTED
Stadium Barricade (8ft/section)
170 sections
Blue Scrim (ft)
2,000
Green scrim (ft)
1,050
TOWN EQUIPMENT
QUANTITY AVAILABLE
HOURS GRANTED
Genie Lift Truck
1
Street Sweeper
1
Gator/Golf Cart
1
CONDITIONS
1. Delivery times of assets and return times are set once the Town Manager receives the Set -Up
and Tear -down plans (See Section 5).
2. Once assets are delivered to the PRODUCER, the PRODUCER shall have sole responsibility for
the assets. Assets are generally delivered to the Avon Performance Pavilion's west event plaza.
3. Following the EVENT, all assets shall be returned to the Avon Performance Pavilion's west event
plaza or a previously designated return location. Staff will be available to check in the assets,
with the PRODUCER, and review for lost or damaged assets.
4. Producer of Town Equipment requires that PRODUCER crew be adequately trained and
adequate liability insurance.
5. Any damage to in-kind assets will be deducted from the final cash payment and/or Damage
Deposit.
221 Page
III. Services — No Charge
SERVICES
TOTALVALUE
HOURS
SERVICE
SEFMCE DESCFAFMON
COST/HOUR
HOURS
GRANTED
GRANTED
Special Events Manager
EVENT ADMINISTRATION, COORDINATION,
N/A
AS NEEDED
NOT CALCULATED
ON-CALL
Special Events Production Assistant
EVENT ADMI NI STRATI ON, COORDINATION,
N/A
AS NEEDED
NOT CALCULATED
ON-CALL
Public Works Management
EVE NT ADMINISTRATION, COORDINATION,
$58.57
AS NEEDED
AS NEEDED
ON-CALL
Internet Service
Pre -event internet password and check; On -
$1.00
AS NEEDED
AS NEEDED
Call
Fad lltyOperations/Town Engineer
Pre -event operational check, On -Call
$1.00
AS NEEDED
AS NEEDED
Locate Irrigation System
Mark irrigation with cones and paint to
$36.22
4
$144,88
ensure safe ingress/egress.
Snow Fence Install
Drilling holes and securing fencing.
$36.22
0
0
Drop and Program VMS Boards
Location and messagingto be determined
$36.22
1
$36.22
in transportation plan.
Close Parking Lots (Map of Parking
dosed with signage; Staffed by PRODUCER
$36.22
4
$144.88
Lots included on Schematic)
crew orvolunteers
Close Lake Street
dosed with barrels. Staffed by PRODUCER
$36.22
0
0
crew orvolunteers.
Instruction onElectricAssetsand
Instruction oneled:ricassetsand
$52.04
1
$52.04
Locations
specifications.
Drop cones, barrels, etc.
Does not include setting -up.
$36.22
4
$144.88
Call in locates to Colorado 611
Dependenton an accurate site -map of
$1.00
0
0
tents, stakes, etc.
Shuttle Services
Bus service, when needed, for private
$83.00
0
0
parkinglots
TOTAL VALUE GRANTED:
$522.90
CONDITIONS
Service dates and hours are established by AVON once the Set-up and Tear -down Plans are
received (See Section 5).
AVON On -Call: Staff is available by call/text to troubleshoot and assist producers during the
EVENT. The primary contact for all on-call staff will be the Special Events administrator on call.
231 Page
ATTACHMENT D
Avon Pavilion Stage Curtain
Wind Management Agreement
RECITALS
WHEREAS, PEAK shall be using the Avon Pavilion, which has retractable stage curtain, which may be
opened or closed during the EVENTS; and,
WHEREAS, the parties desire to set forth the terms and conditions of how the stage curtain shall be
managed and used during the EVENTS.
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. PEAK and AVON have agreed that: (Check one box)
€ PEAK will not require AVON Wind Management Protocol described in Section 2 below for
the Pavilion stage curtain and will accept the stage curtain in an as is condition under the
terms of Paragraph 1 Premises & Rights of Use. PEAK agrees that the opening and closing
of the curtain will be done in the sole discretion of the Producer, using not less than two
persons at all times for opening and/or closing of the stage curtain.
€ AVON shall participate in the Wind Management Protocol as described in Section 2 below
for the stage curtain for PEAK as described below, but no PWW shall be installed.
€ AVON shall install a PWW for the EVENTS for each day PEAK has the exclusive or
nonexclusive use of the PREMISES and shall participate in the Wind Management Protocol
as described in Section 2 below. The location of the PWW is depicted in the attached
EXHIBIT. Once the PWW is constructed, the stage curtain shall be closed and remain
closed, unless wind speeds mandate the curtain be open, as described in Section 2.7 below.
2. Wind Management Protocol
2.1 AVON has designated the Town Engineer or his designee(s) as the on-site Avon Wind
Monitor (AWM).
2.2 EVENTS shall designate the stage manager (SM) or other representative to be solely
responsible to the AWM by not later than June 1, 2o18.
2.3 If a PWW has not been installed, PEAK will provide to the AWM the daily schedule for the
curtain to be open or closed by not later than 48 hours prior the each CONCERT date. The
AWM will be responsible for the implementation of the curtain plan, subject to the
conditions in Sections 2.5 — 2.7.
2.4 The AWM shall place an anemometer on the Pavilion not later than 48 hours before each
CONCERT date, and review its working condition with the SM.
2.5 The AWM shall review the wind speed forecasts as produced by the National Weather
Service (NWS) for each day PEAK has the exclusive or nonexclusive use of the PREMISES,
241 Page
and provide to the SM the 24-hour wind speed ("24HWS") forecast for each day of Pavilion
use, by not later than g:oo a.m. of the use day.
2.6 If the 24HWS forecasts wind speeds of 15 mph or less and/or wind gusts of less than 20
mph, the stage curtain shall remain open, unless the plan presented in Section 2.3 requests
that the curtain is to be closed at any time. AWM shall review the 24HWS forecast
periodically, but take no action to close the curtain for wind speeds, should the forecast
remain the same.
2.7 If the 24HWS NWS forecasts wind speeds of 15 mph or higher; or wind gusts greater than
20 mph the AWM shall provide to the SP a curtain management plan for the day, which
may include the opening of the curtain by AVON. As a general practice, while the
manufacturer has stated the curtain, when closed, can be expected to withstand a wind
speed of 45 mph, AVON has determined, at this time, that the curtain shall always be
opened when the forecast is for sustained wind or gusts of wind at or above 30 mph.
3. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written.
TOWN OF AVON
By:
Virginia C. Egger, T nager
DATE: 3 / , 2o18
PEAK PERFORMANCES
By:
Mike O'Brien, President
DATE: March 13, .2018
251 Page
EXHIBIT
LOCATION OF PRE -WIND WALL
261 Page
Attachment E
Community Picnic Details
The PRODUCER has agreed to allow AVON to host a community picnic on August 1, 2018 before Avon
LIVE! concerts. AVON will secure the picnic vendor and be responsible for marketing efforts
associated with the community picnic.
271 Page