CITY OF CLEARWATER SPECIAL EVENT AGREEMENTCITY OF CLEARWATER SPECIAL EVENT AGREEMENT
This Agreement ("Agreement") dated as of 04/28/26 2026 is by and between the
City of Clearwater, Parks and Recreation Department ("City"), P.O. Box 4748, Clearwater, FL
33758 and Country Thunder Holdings, LLC, owner and operator of Country Thunder, ("Country
Thunder" or "Partner"), 730 Gallatin Pike N, Madison, TN 37115, with respect to a venue and
certain production services for the Country Thunder ("Event"), scheduled to take place on May 8-
10, 2026 at Coachman Park, 300 Cleveland Street, Clearwater, FL 33756 ("Venue").
WITNESSETH:
WHEREAS, the City of Clearwater is a Florida municipal corporation authorized under
applicable law to enter into agreements for the use of its public parks and recreational facilities,
including Coachman Park; and
WHEREAS, Partner is in the business of producing and presenting large-scale outdoor country
music festivals under the Country Thunder brand and desires to produce the Event at the Venue;
and
WHEREAS, Partner will use the Venue on a fee-for-service basis and is solely responsible for
all costs associated with the production of the Event, the City providing no financial subsidy,
contribution, or in-kind support toward the production of the Event beyond those services for
which Partner has agreed to pay as set forth herein; and
WHEREAS, Partner and City desire to enter into an Agreement to develop and promote an
Event benefiting both Partner and City.
1. TERM.
The term of this Agreement ("Term") shall begin and continue through the later of the
conclusion of the Event, which is currently scheduled between setup and breakdown as May 4
through May 12, 2026, or the date on which all obligations of the parties set forth herein have
been fulfilled.
2. PARTNER RESPONSIBILITIES.
a. Partner agrees to and shall be responsible for producing, organizing, and coordinating
Event, including but not limited to, contracting and arranging artists; costs for backline,
sound, stage, roof, lighting, and stage crew; costs for event fencing through City's pre -
approved vendor(s); and as may be required by band riders or City, costs for police,
security, and paramedic/EMT services, costs for artist catering, costs for rider fulfillment,
and costs for backstage VIP/sponsor hospitality area(s) at Event.
b. Partner agrees that all backline, sound, stage, roof, lighting, and event fencing will not be
altered, or requested to be altered, in such a way as to not meet City and State requirements,
including safety and wind requirements set forth by City.
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c. Partner shall pay City the flat fee set forth and agreed to in Section 5(a) for use of the Venue
and for any other mutually agreed upon services requested by the Partner provided by City
hereunder ("Fee").
d. Partner shall be responsible for promoting Event.
e. Partner shall have the right to sell or obtain third -party sponsorships and vendors for
inclusion to Event, including onsite and pre -promotional partners; however, Partner is not
obligated to do so. Partner shall retain all gross revenues as outlined in Section 5e from
the sale of such third -party sponsorships or vendors.
f. Partner shall be responsible for all artists requests for accommodations, transportation,
catering, riders, production, and any other cost associated with the performing artists.
3. CITY'S RESPONSIBILITIES.
City agrees that it shall be responsible for the following:
a. City agrees to and shall provide the Venue (Coachman Park and areas included on the
Special Event Permit) to Partner for Event. Venue shall be in order and ready to be set up
for Event on May 4, 2026 at least three days prior to the Event.
b. City shall be available to help Partner in facilitating onsite logistics and for ensuring that
all backline, sound, stage, roof, and lighting meets or exceeds any and all City and State
requirements, including safety and wind requirements set forth by the City; that such
services are adequately insured and that any and all work to set up and maintain such will
be performed to the highest safety standards possible in order to minimize accidents and
injuries.
4. ADDITIONAL CONDITIONS.
a. It is understood by Parties that the City has a sound policy for concerts to which Partner
and Artists contracted by Partner must adhere. The law or policy set forth by City officials
mandates that the decibel level remains at or below 96db at all times for Event at Venue
and a measuring device must be present at the Front -of -House sound booth to monitor the
levels. There is also a hard curfew of 11:00 p.m. on May 8 and 9 and 10:00 p.m. on May
10, 2026.
b. It is understood that City officials have established safe capacity limits for the Venue for
the Event. The Clearwater Fire Marshall's office will set the maximum capacity after
reviewing the site plan. Capacity will apply to all advance purchase and onsite tickets
sold through the ticketing vendor, to credentials distributed, and to vendors/staff in the
Venue, as well as volunteers, staff, etc. that occupy the Venue.
c. Parties understand that neither Partner nor City will permit its staff, representatives or
agents, including DJ's, to encourage the audience to commit illegal or dangerous acts from
the stage.
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5. FEES/REVENUES.
The parties agree to the following:
a. Upfront Financial Commitments (Due Prior to Event)
i. Partner Obligations
ii. City Cost Deposit
1. Payment equal to 50% of total estimated City -related event costs (see table
below).
iii. Tickets / Access
1. Provision of:
a. Thirty (30) VIP passes for City Senior Leadership per each day of the event (90
VIP passes total).
b. Event access passes for City staff authorized to work the event.(quantity to be
finalized in advance)
b. Post -Event Reconciliation
i. Remaining balance of actual costs will be invoiced following the event once all final
expenses are confirmed. Payment will be received within 21 days of receipt of invoice.
ii. Final invoice will reflect:
1. Actual City service costs incurred
2. Less the deposit previously paid
c. Estimated Event City Costs
Category
Estimated C
Notes
Police Services
$ 65,000.00
--
Fire / Life Safety
$ 700.00
--
EMS - CFD
$ 37,600.00
--
Solid Waste
$ 1,000.00
--
Parks & Recreation
$ 3,600.00
--
Traffic Engineering
$ 1,900.00
--
Planning & Zoning (Permits)
$ 800.00
--
Parking (Drew Street)
$ 12,000.00
**Does Not Include VIP Parking (need to privately source)
Coachman Park Rental Fees
$ 16,000.00
--
Restroom Cleaning Services
$ 1,000.00
--
Estimated Total
$ 139,600
--
• Required 50 percent Deposit prior to event: $69,800. The total amount is an estimate
and may change. The City agrees to credit the full amount of the deposit to the total
regardless of whether the actual amount is greater or less than 50 percent.
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6. VENUE DAMAGE AND RESTORATION.
Partner shall be solely responsible for any and all damage to the Venue, including Coachman
Park and any City -owned facilities, structures, equipment, turf, landscaping, utilities, or
infrastructure located thereon, arising out of or resulting from the Event, including damage
caused by Partner's employees, agents, contractors, subcontractors, performers, vendors, or
Event attendees. Prior to the Event, the City and Partner shall jointly conduct a pre -event
inspection of the Venue and document its condition in writing, which documentation shall be
signed by representatives of both parties and shall serve as the baseline for assessing post -
Event damage. Within ten (10) business days following the conclusion of the Event, the City
and Partner shall jointly conduct a post -event inspection of the Venue. If the post -event
inspection reveals damage beyond ordinary wear and tear attributable to the Event, the City
shall provide Partner with a written itemized repair estimate within twenty-one (21) days of
the post -event inspection. Partner shall, at Partner's sole cost and expense, cause all such
repairs and restoration to be completed within thirty (30) days of receipt of the City's written
estimate, using contractors approved by the City, or shall reimburse the City for the reasonable
and documented cost of such repairs if the City elects to perform the repairs itself. Partner's
obligations under this Section are in addition to, and shall not be limited by, the insurance
coverage requirements set forth in Exhibit A or the indemnification obligations set forth in
Section 9 of this Agreement.
7. INTELLECTUAL PROPERTY.
Parties understand and agree that the other party has no right, license, title, interest and property
to use any names, designs, illustrations, logos, seals and trademarks of the other party except
as set forth in this Agreement. Each Party hereby grants to the other party the right to use such
Party's names, designs, illustrations, logos and trademarks in connection with the promotion
of Event; provided that each Party shall be bound by any restrictions imposed upon them in
writing by the granting Party with respect thereto.
8. RELATIONSHIP OF THE PARTIES.
This Agreement does not create a partnership or joint venture of the Parties, nor does it make
either Party the agent or representative of the other. Neither Party has the authority to bind the
other party or to incur any liability on behalf of the other party, nor to direct employees or
volunteers of the other party.
9. INSURANCE.
See Attachment A.
10. INDEMNIFICATION/LIABILITY.
See Attachment A.
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11. FORCE MAJEURE.
Failure by either Party to perform its duties and obligations will be excused by unforeseeable
circumstances beyond its reasonable control, including acts of nature, acts of the public enemy,
riots, fire, explosion, legislation, and governmental regulation. The Party whose performance
is so affected will within five (5) calendar days of the unforeseeable circumstance notify the
Other Party of all pertinent facts and identify the force majeure event. The Party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to
prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The
delivery or performance date will be extended for a period equal to the time lost by reason of
delay, plus such additional time as may be reasonably necessary to overcome the effect of the
delay, provided however, under no circumstances will delays caused by a force majeure extend
beyond one hundred -twenty (120) calendar days from the scheduled delivery or completion
date of a task unless agreed upon by the parties.
12. EXCLUSIVITY.
For a period of five (5) years from the date of this Agreement (the `Exclusivity Period"),
Partner agrees that it will not host, produce, present, or sponsor any country music festival or
substantially similar outdoor music event at any location within thirty (30) miles of the Venue
(the "Exclusivity Zone") without first providing the City of Clearwater written notice of the
proposed event and offering the City of Clearwater the first right of refusal to serve as the host
venue for such event on commercially reasonable terms (the "First Right of Refusal"). Upon
receipt of Partner's written notice, the City shall have thirty (30) days to accept or decline the
First Right of Refusal in writing. If the City declines or fails to respond within the thirty (30)
day notice period, Partner may proceed with the proposed event at an alternative location
within the Exclusivity Zone without further obligation to the City under this Section. If the
City accepts, the parties shall negotiate in good faith the terms of a venue agreement for such
event within thirty (30) days of the City's acceptance.
13. ENTIRE AGREEMENT; CHOICE OF LAW; SEVERABILITY.
This Agreement constitutes the entire Agreement between the parties and shall supersede any
and all other agreements, whether oral or otherwise, between the parties. Any amendment or
modification of this Agreement must be in writing and signed by authorized representative of
both parties. The Agreement will be governed by and construed according to the laws of the
State of Florida and the parties hereby consent to the exclusive jurisdiction of Pinellas County
and the Middle District of Florida, Tampa. If any item or provision of this Agreement, or the
application thereof to any person or circumstance shall, to any extent be held invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provisions
to persons or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and each such term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
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IN WITNESS WHEREOF, this Agreement is executed as of the date set forth above.
By:
Kim Blevins - Executive Director
Printed Name, Title
COUNTRY THUNDER, LLC
Countersigned: CITY OF CLEARWATER, FLORIDA
By:
Je . fe oirrier
City Manager
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Attachment A
CITY OF CLEARWATER
INSURANCE REQUIREMENTS
2025
The Contractor or Vendor referred to as "Contractor" shall, at its own cost and expense, acquire
and maintain (and cause any subcontractors, representatives, or agents to acquire and maintain
during the term with the City, sufficient insurance to adequately protect the respective interest of
the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better.
In addition, the City has the right to review the Contractor's deductible or self-insured retention
and to require that it be reduced or eliminated.
Specifically, the Contractor must carry the following minimum types and amounts of insurance on
an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
coverage can be obtained on a claims -made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to, bodily
injury, personal injury, death, property damage, advertising liability, premises operations,
products/completed operations, severability of interest, and contractual liability in the
minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two
million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non -owned, hired
or borrowed automobile for in state travel is required in the minimum amount of
$1,000,000 (one million dollars) combined single limit. For motor carriers traveling
interstate the limits are $1.5 million for 15 passengers or less or $5 million for 16
passengers or more.
c. Unless waived by the State of Florida and proof of waiver is provided to the City, Worker's
Compensation (WC) & Employer's Liability Insurance coverage for all employees
engaged under the Agreement, Worker's Compensation as required by Florida law and
Employer's Liability with minimum limits of:
(a) $500,000 bodily injury each employee and each accident, $500,000 bodily injury by
disease each employee, and $500,000 bodily injury by disease policy limit for quotes
or agreements valued at $50.000 and under or
(b) $1 million bodily injury each employee and each accident, $1 million bodily injury by
disease each employee, and $1 million bodily injury by disease policy limit for formal
solicitation and agreements exceeding $50,000.
Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and
Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees,
contractors, subcontractors, and volunteers, if any.
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WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third
party losses, Contractor hereby grants the City a waiver of any right to subrogation which any
insurer of the Contractor may acquire against the City by virtue of the payment of any loss under
such insurance for liability and workers compensation coverages.
Contractor agrees to obtain any endorsement that may be necessary to affect such waiver, but this
provision shall apply to such policies regardless of whether or not the city has received a waiver
of subrogation endorsement from each insurer.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s)
of the insurance policy's renewal date(s) for as long as this Agreement remains in effect,
the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate
ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing
all of the coverage set forth above and naming the City as an "Additional Insured" with
respect to general and auto liability coverages.
b. In addition, when requested in writing from the City, Contractor will provide the City with
certified copies of all applicable policies. The address where such certificates and certified
policies shall be sent or delivered is as follows:
City of Clearwater
Attn: Parks & Recreation Department
P.O. Box 4748
Clearwater, FL 33758-4748
c. Contractor shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
d. Contractor's insurance as outlined above shall be primary and non-contributory coverage
for Contractor's negligence.
e. Contractor reserves the right to appoint legal counsel to provide for the Contractor's
defense, for any and all claims that may arise related to Agreement, work performed under
this Agreement, or to Contractor's equipment, or service. Contractor agrees that the City
shall not be liable to reimburse Contractor for any legal fees or costs as a result of
Contractor providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and failure to request evidence of this insurance shall not be construed
as a waiver of Contractor's obligation to provide the insurance coverage specified.
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INDEMNIFICATION/LIABILITY:
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of
any issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold
Contractor or any third party harmless for claims based on this Agreement or use of Contractor -
provided supplies or services.
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