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2018-076
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2018-076
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Last modified
12/29/2020 11:20:20 AM
Creation date
4/30/2018 11:16:08 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/25/2018
Control Number
2018-076
Agenda Item Number
Fairgrounds
Entity Name
Under the Sun Promotions
Larry Burdgick
Subject
Treasure Coast Boat Show, Marine Flea Market and Seafood Festival
Area
Fairgrounds
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Applicant must maintain continuation of the required insurance throughout the Event, which <br />includes load -in, setup, tear down, and load -out. <br />(j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to <br />the County's Risk Manager, demonstrating the maintenance of the required insurance <br />including the additional insured endorsement 30 days prior to the Event Date. Upon written <br />request, the Applicant shall make its insurance policies and endorsements available to the <br />County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance <br />if it complies with this License Agreement's requirements, including, if any, additional <br />insurance coverages deemed necessary by the Risk Manager. No material alteration or <br />cancellation, including expiration and non -renewal of Applicant's insurance, shall be <br />effective until 30 days after receipt of written notice by the County from the Applicant or the <br />Applicant's insurance company. <br />(k) Discretionary Authority — Depending upon the nature of any aspect of any event and its <br />accompanying exposures and liabilities, the County may, at its sole option, require additional <br />insurance coverages not listed above, in amounts responsive to those liabilities, which may or <br />may not require that the County also be named as an additional insured. <br />(1) Applicant is required to immediately notify the County of any incident, accident, occurrences <br />and/or claims made in connection with the Event. <br />16. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section <br />205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less <br />than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant <br />shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and <br />insurance certificate in accordance with Section B. 17 to the County. <br />17. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or <br />conditions, including the timely submittal of all documents set forth in Section B, of this <br />License Agreement, the County may terminate this License Agreement and decline to issue any <br />and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any <br />other charges hereunder, whether accruing before or after such termination, shall be considered <br />part of and inclusive of the County's damages resulting from Applicant's default. Applicant's <br />default hereunder shall be considered a default of any and all agreements by and between <br />Applicant and the County, and any amounts due, Applicant under its other agreements with the <br />County may be used by the County to remedy Applicant's defaults hereunder. Any remedy <br />granted in this License Agreement to County shall be in addition to all other remedies available <br />to County in law or equity, and not exclusive of such remedies. <br />18. 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 1.80 days from the first date of License Duration will receive a refund <br />equal to 85% of the Event Deposit collected under Section B.4.(a). <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 B.4.(a). <br />Fair n i reement <br />In_ <br />Page 9 of 12 <br />April 7, 2017 <br />
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