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2017-138
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2017-138
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Last modified
1/2/2020 11:44:56 AM
Creation date
9/27/2017 3:24:42 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/25/2017
Control Number
2017-138
Agenda Item Number
Fairgrounds
Entity Name
Donna Chesser
Subject
Thunder on the Beach
Alternate Name
Pow Wow
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9.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, <br /> incurred by the County in the collection of any payment due hereunder shall be reimbursed by <br /> Applicant. <br /> 10. Applicant (including all artists, performers, entertainers, sound technicians, employees, and <br /> subcontractors of Applicant, and any other participating in the production of the Event) <br /> shall 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:OOam-6:OOpm with a minimum of one thirty (30) <br /> minute intermission. <br /> ii. Fridays and Saturdays from 10am-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 /> thirty (30) days prior to the Event and a final Stage Configuration Map and Site Plan no <br /> less than fifteen (15) days prior to the Event. <br /> (d) Sound attenuation blankets or sound walls may be required to be erected at the rear of <br /> any temporary stages. Such temporary stage installations shall be installed in such a <br /> manner 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 within 24 hours of Event. Applicant shall also allow the County to inspect <br /> the stage construction. Such inspection shall occur no later than 24 hours prior to the <br /> Event. Any cost associated by the County's inspection shall be at the sole cost of the <br /> County. The County shall make inspector(s) available at a mutually agreeable time. <br /> Failure to timely inspect the Stage by the County shall not preclude Applicant from <br /> proceeding with the Event. <br /> 11. 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 /> 12. 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 /> 13. In the event that the Premises or any other portion of the Fairgrounds are not vacated and <br /> cleaned by Applicant at the end of the License Duration, the County is hereby authorized to <br /> remove from the Premises or any other portion of the Fairgrounds, at the expense of Applicant, <br /> Fairgroun License Agreement Page 5 of 12 <br /> Initials , September 25,2017 <br />
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