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2017-014
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River County Board of County Commissioners may waive or defer the fee or a portion <br /> thereof described in this section in the event of extenuating circumstances which result <br /> in an aggregate net loss for the County Fair for that year. <br /> 11. Trash/Traffic Control Devices. The County will provide trash containers <br /> and garbage collection. The Associations will pay for water service and sewage pickup <br /> for the County Fair. The County may provide up to thirty (30) traffic barricades and up to <br /> thirty (30) traffic cones with four (4) lighting trees for the Associations' use exclusively in <br /> connection with the County Fair if, in the County's Public Works Director's sole <br /> discretion, such traffic barriers and traffic cones and lighting trees are available for such <br /> use. If the County's Public Works Director provides such traffic barricades, traffic cones <br /> and lighting trees for use in connection with the County Fair, the Associations shall <br /> retrieve them from the County's storage location, and then return them to the same <br /> storage location or where the County's Public Works Director otherwise directs, within <br /> five (5) days following conclusion of such year's County Fair. The Associations shall <br /> replace, at the Associations' expense, within thirty (30) days following conclusion of <br /> such year's County Fair, any of the County's lighting trees, traffic barricades and traffic <br /> cones that are damaged, lost, or stolen while in the Associations' custody. <br /> 12. Sanitation. The Associations shall provide sanitation and adequate <br /> restroom facilities, in accordance with all applicable laws and regulations and to the <br /> County's satisfaction, for persons attending the County Fair. <br /> 13. Staffing. The Associations shall endeavor in good faith to procure a <br /> midway and provide staff to operate the County Fair. However, in the event that the <br /> Associations fail to enter into a contract to provide a midway or if the Associations <br /> determine that the Associations cannot adequately staff the County Fair, then <br /> Associations shall provide written notice to County at least sixty (60) days before the <br /> County Fair is to open that it will not manage the County Fair, in which case the County <br /> may take whatever steps it deems appropriate. <br /> 14. First Amendment Activities. The Associations agree to provide <br /> reasonable accommodation for any activities which are protected by the First <br /> Amendment of the United States Constitution. Such accommodation may be in <br /> accordance with existing Fair rules, provided that such rules are consistent with the First <br /> Amendment and applicable law. <br /> 15. Termination. Any party may terminate this Agreement or propose <br /> amending this Agreement by providing written notice to the other party by November 1 <br /> of the year preceding the following year's County Fair. The term of this Agreement shall <br /> be from January _, 2017 through October 31, 2019, unless sooner terminated as <br /> provided herein. <br /> 16. Governing Law/Venue/Liability. This Agreement shall be governed by <br /> the laws of the State of Florida. Venue for any lawsuit brought by either party against <br /> the other party or otherwise arising out of this Agreement shall be in Indian River <br /> Page 4 of 5 <br />
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