balance of the rental fee set forth above and any remaining payments, including any
<br />expenses, charges or other fees described in this License Agreement shall be due thirty
<br />(30) days prior to the Event. Any incidental charges or fees not included in this
<br />Agreement at the time of execution shall be due within thirty (30) business days of the
<br />conclusion of the Event as described in B. I .b.
<br />(b) A Damage Deposit of $5,000.00 shall be submitted no later than 30 days prior to the
<br />Event. The Damage Deposit shall be applied against the fees, costs, expenses, charges
<br />and/or delinquent payments described herein, and against any costs of repair or
<br />replacement of damages to the Fairgrounds, exclusive of natural wear and tear, that
<br />directly or indirectly result from the Event, whether caused by Applicant or Applicant's
<br />employees, invitees, licensees, contractors, assignees, contestants, exhibitors or
<br />performers, or others on the Premises at Applicant's direction or invitation. The County's
<br />use of the Damage Deposit or any other sum described herein shall in no way constitute a
<br />waiver of any other right the County may have at law or equity. The Damage Deposit, to
<br />the extent unused, shall be returned to Applicant within thirty (30) business days
<br />following the Event.
<br />(c) In addition to fees imposed by Section B.5.(a),Applicant shall pay the County two dollars
<br />($2.00) per ticket sold to the Event. Applicant shall account for all the tickets sold ten (10)
<br />days prior to the Event, and pay the aforementioned ticket fees sold up that point, at least
<br />five (5) days prior to the Event. The County shall have the right to inspect the Applicant's
<br />ticket records at any point during and up to thirty (30) business days after the License
<br />Duration. The Applicant shall make the payment for the remainder of the ticket fees
<br />within thirty (30) business days of the conclusion of the Event as described in B.1.
<br />5. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and
<br />3 days prior to the Event. The County reserves the right to cap ticket sales depending on the
<br />capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic
<br />control or due to other public safety issues.
<br />6. Applicant shall be financially responsible for all charges for all materials, personnel, services
<br />and equipment that the County furnishes for the Event, provided the aforementioned are
<br />requested by Applicant or agreed to by Applicant's authorized representative. Applicant shall
<br />also be financially responsible for all charges for all materials, personnel, services and
<br />equipment that are provided by non -county agencies associated with this Event (i.e., stagehands,
<br />sound/light companies, ushers).
<br />7. This License Agreement is not a permit. As set forth in sections 205.04 (Permits), 205.08
<br />(Festivals) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated
<br />Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must
<br />obtain the necessary fairgrounds use permit, festival permit and alcohol permit (in the case of
<br />alcohol, Applicant or Applicant's vendor(s)), which collectively require the Applicant to timely
<br />obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage
<br />disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate
<br />security and traffic control. Applicant shall be responsible for all costs associated with such
<br />Fa* Pon 'cease Agreement Page 4 of 1.3
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