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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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8. 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 l0am-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 />9. 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 />10. 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 />11. 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 />all goods, wares, merchandise and property of any and all kinds and descriptions placed or <br />permitted therein by Applicant and which may be then occupying the same, and County shall <br />not be liable for any damage or loss to such goods, wares, merchandise or other property which <br />may be sustained either by reason of such removal or of the place to which itmay be removed. <br />Applicant hereby expressly releases County from any and all such claims for damages of <br />whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at <br />Fairgrou'tids icense Agreement Page 5 of 12 <br />Initis January 7, 2019 <br />
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