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2017-043
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2017-043
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Last modified
3/29/2019 12:40:52 PM
Creation date
4/6/2017 11:15:40 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/04/2017
Control Number
2017-043
Agenda Item Number
8.J.
Entity Name
Beachtown LLC dba Beach Town Music Festival
Subject
IRC Fairgrounds License Agreement
Beach Town Music Festival
Area
IRC Fairgrounds
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INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT <br />the facilities during the License Duration. Applicant shall be responsible for all additional costs <br />for County staff and Applicant may request additional staff as needed. <br />7. Applicant's failure to make any of the payments required hereunder in a timely manner shall <br />constitute a material breach and shall result in the immediate termination of this License <br />Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred <br />by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. <br />8. Applicant (including all artists, performers, entertainers, sound technicians, employees, and <br />subcontractors of Applicant, and any other participating in the production of the Event) shall <br />comply and ensure compliance with the following during the Event: <br />(a) The hours of event production and sound checks utilizing amplified sound in the <br />Fairgrounds are restricted to: <br />i. Sunday thru Thursdays from 10:00am-8:00pm with a minimum of one thirty (30) <br />minute intermission. <br />ii. Fridays and Saturdays from 9am-10:59pm with a minimum of one thirty (30) <br />minute intermission. <br />(b) The starting hours listed above may be adjusted to begin earlier upon approval of the <br />County. <br />(c) The location and arrangement of the stages and sounds systems shall be in accordance <br />with the Stage Configuration Map as detailed by Applicant and approved by the County. <br />The preliminary Stage Configuration Map and a Site Plan shall be provided to the County <br />by October 27, 2017, and a final Stage Configuration Map and Site Plan by November 8, <br />2017. <br />(d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any <br />temporary stages. Such temporary stage installations shall be installed in such a manner <br />so as to minimize the noise impact on surrounding residential properties. <br />(e) Applicant shall obtain stage inspection, documentation and certification in accordance <br />with industry standard. Applicant shall provide copies of documentation reflecting <br />certification by 12 pm on December 8, 2017. Applicant shall also allow the County to <br />inspect the stage construction. Such inspection shall occur no later than 12pm on <br />December 8, 2017. Any cost associated by the County's inspection shall be at the sole <br />cost of the County. The County shall make inspector(s) available at a mutually agreeable <br />time. Failure to timely inspect the Stage by the County shall not preclude Applicant from <br />proceeding with the Event unless Applicant does not timely provide access for inspection. <br />9. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be <br />voidable by the County at any time during the License Duration. Undisclosed and unpermitted <br />activities shall be subject to cancellation of the Event, and Applicant shall be subject to <br />damages, penalties and other legal and equitable remedies including, but not limited to full <br />payment under this License Agreement. <br />10. Applicant shall not assign this License Agreement or any rights hereunder or sublet the <br />Premises without the express prior written consent of the Assistant County Administrator or <br />his/her designee. <br />Fairgrounds License Agreement Page 5 of 14 <br />Initials <br />
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