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ROTHBURY signs for 2009

Sunday, January 04, 2009
By Dave Alexander
dalexander@muskegonchronicle.com

Get ready for ROTHBURY 2009.

A U.S. Bankruptcy Court trustee and AEG Live have come to an agreement on the lease of Double JJ Resort next summer for the second year of the ROTHBURY Festival.

One possible glitch: Federal bankruptcy Judge Jeffrey R. Hughes must approve the camp-in, environmentally themed music festival at the Double JJ in a court ruling.

Financial problems led Double JJ to file Chapter 11 bankruptcy reorganization after last July's first ROTHBURY, which was by all accounts a commercial success and a popular hit. The resort is poised to be sold through the bankruptcy proceedings, but not in time for the 2009 version of ROTHBURY to be planned with a new owner.

Hughes has a motion approving the lease with the festival promoters before him Monday afternoon in federal bankruptcy court in Grand Rapids.

The judge's go-ahead is needed for bankruptcy Trustee Thomas A. Bruinsma to sign the contract with AEG Live, which is a leading global entertainment company that co-produced the first-year festival with Madison House Productions of Boulder, Colo.

So far, a creditor and a land-contract holder have objected to the festival lease with the resort's trustee.

"The festival was widely heralded as a success, and concert-goers are eagerly anticipating the 2009 event," Bruinsma's attorney Stephen Grow wrote the court over the Christmas holiday. ROTHBURY drew approximately 40,000 fans and nearly 80 acts including The Dave Matthews Band.

"Organizing a mega-event like the festival typically begins a year in advance," Grow wrote in court documents. "The trustee believes that the wide acclaim of the festival enhances the value of the (Double JJ) assets. The uncertainty concerning the timing of a sale of the resort has left the producer unable to commit resources and capital to produce the festival in 2009 without certain assurances from the debtors."

Grow went on to tell the court that Bruinsma and AEG Live officials have been negotiating the 2009 festival lease for several weeks. AEG Live Chief Operating Officer Thomas Miserendino of Los Angeles signed the agreement and Bruinsma needs Judge Hughes' approval to execute the contract.

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