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2019-004B
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2019-004B
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Last modified
12/27/2019 11:58:40 AM
Creation date
1/23/2019 1:01:05 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/11/2019
Control Number
2019-004B
Agenda Item Number
Fairgrounds
Entity Name
Florida Indian Heritage Association
Subject
Thunder on the Beach Pow Wow
Area
Indian River County Fairgrounds
Alternate Name
License Agreement
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(a) Rental fee will be $2,852.00 plus any additional charges imposed at the request of the <br />Applicant to be reconciled at the end of License Duration, based on the calculations on the <br />attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%) of the entire rental <br />fee, $713.13 ("Event Deposit") is due upon execution of this License Agreement. The <br />balance of the rental fee set forth above and any remaining payments, including any <br />expenses, charges or other fees described in this License Agreement shall be due thirty <br />(30) days prior to the Event. Any incidental charges or fees not included in this <br />Agreement at the time of execution shall be due within five (5) business days of the <br />conclusion of the Event as described in B.1.b. <br />(b) A Damage Deposit of $250.00 shall be submitted no later than 30 days prior to the Event. <br />The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or <br />delinquent payments described herein, and against any costs of repair or replacement of <br />damages to the Fairgrounds that directly or indirectly result from the Event, whether <br />caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, <br />contestants, exhibitors or performers, or others on the Premises at Applicant's direction or <br />invitation. The County's use of the Damage Deposit or any other sum described herein <br />shall' in no way constitute a waiver of any other right the County may have at law or <br />equity. The Damage Deposit, to the extent unused, shall be returned to Applicant within <br />thirty (30) business days following the Event. <br />4. Applicant shall be financially responsible for all charges for all materials, personnel, services <br />and equipment that the county furnishes for the Event. Applicant shall also be financially <br />responsible for all charges for all materials, personnel, services and equipment that are <br />provided by non -county agencies associated with this Event (i.e., stagehands, sound/light <br />companies, ushers). <br />5. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 <br />(Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the <br />Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds <br />use permit and alcohol permit, which collectively require the Applicant to timely obtain <br />approvals of plans, including but not limited to, adequate sanitation facilities and sewage <br />disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate <br />security and traffic control. Applicant shall be responsible for all costs associated with such <br />facilities and services. <br />6. The County shall have the right, after coordination with the Applicant's authorized <br />representative, to determine in its sole discretion the level of County staff necessary to service <br />the facilities during the License Duration. Applicant shall be responsible for all additional <br />costs 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, <br />incurred by the County in the collection of any payment due hereunder shall be reimbursed by <br />Applicant. <br />Fairgroun nse Agreement Page 4 of 12 <br />Int January 7, 2019 <br />
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