12/29/2017 10:38:38 AM
12/29/2017 10:38:35 AM
Official Document Type
Agenda Item Number
Indian River Fairgrounds
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the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any <br /> other right the County may have at law or equity. The Damage Deposit, to the extent unused, <br /> shall be returned to Applicant within thirty (30) business days following the Event. <br /> (a) All buildings and facilities shall be left in the same condition it was received in. A <br /> cleaning fee shall be deducted from the damage deposit to cover the cost of <br /> cleaning/restoring the facilities to their original condition. <br /> (b) Any and all decorations must be approved prior to installation and removed completely at <br /> the conclusion of the event. <br /> (c) The Ag Expo Building should be left in a broom swept condition with any wet areas <br /> mopped and all garbage left in designated location. <br /> 4. CANCELLATION <br /> In the event that the Applicant cancels all or any time or portion of the Premises reserved for the <br /> Event, the County must receive written notice. Applicants may be entitled to a refund according <br /> to the following schedule: <br /> (a) Cancellation prior to 180 days from the first date of License Duration will receive a refund <br /> equal to 85% of the Event Deposit collected under Section D. 2. <br /> (b) Cancellation between 90-180 days of the first date of License Duration will receive a <br /> refund equal to 50% of the Event Deposit collected under Section D. 2. <br /> (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event <br /> Deposit collected under Section D. 2. <br /> 5. DECLARATION OF EMERGENCY <br /> Applicant acknowledges that the County may immediately terminate the Event if the National <br /> Weather Service issues a severe weather warning, or imminent severe weather conditions <br /> develop in the area indicating a risk to public safety, or a state of emergency has been declared. <br /> Applicant hereby waives any rights and all claims for damages against the County that may <br /> result from the exercise of the rights reserved herein. <br /> 6. CANCELLATION CAUSED BY DAMAGE/ACT OF GOD <br /> In the event that the Premises or any part thereof, or adjacent premises required for access <br /> thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, <br /> as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. <br /> In such event, the County shall be paid for all items of expense incurred by it under this License <br /> Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be <br /> relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not <br /> within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, <br /> hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, <br /> sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or <br /> events within Applicant's control, and thus not falling within this Section 6, shall include, <br /> without limitation, Applicant's financial inability to perform or comply with the terms and <br /> conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, <br /> and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, <br /> employees, contractors, or agents. <br /> 7. DEADLINES <br /> All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. <br /> Fairgro s License Agreement Page 3 of 10 <br /> Initial December 26,2017 <br />
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