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2018-175
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Last modified
1/4/2021 11:27:33 AM
Creation date
9/20/2018 2:48:07 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/18/2018
Control Number
2018-175
Agenda Item Number
Fairgrounds
Entity Name
Stellar Entertainment
Garden Brothers Circus
Subject
Garden Brothers Circus
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(h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a <br />statement of self-insurance for liability as allowed by the applicable state or federal statute. <br />Such statement will be acceptable in place of insurance requirements defined herein. <br />(i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current <br />certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared <br />as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall <br />be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain <br />continuation of the required insurance throughout the Event, which includes load -in, setup, tear <br />down, and load -out. <br />(j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the <br />County's Risk Manager, demonstrating the maintenance of the required insurance including the <br />additional insured endorsement 30 days prior to the Event Date. Upon written request, the <br />Applicant shall make its insurance policies and endorsements available to the County's Risk <br />Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies <br />with this License Agreement's requirements, including, if any, additional insurance coverages <br />deemed necessary by the Risk Manager. No material alteration or cancellation, including <br />expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after <br />receipt of written notice by the County from the Applicant or the Applicant's insurance <br />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 License <br />Agreement, the County may terminate this License Agreement and decline to issue any and all <br />permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges <br />hereunder, whether accruing before or after such termination, shall be considered part of and <br />inclusive of the County's damages resulting from Applicant's default. Applicant's default <br />hereunder shall be considered a default of any and all agreements by and between Applicant and <br />the County, and any amounts due Applicant under its other agreements with the County may be <br />used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License <br />Agreement to County shall be in addition to all other remedies available to County in law or <br />equity, and not exclusive of such remedies. <br />Fairgrou Vense Agreement Page 9 of 12 <br />Initials Date: August 31, 2018 <br />
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