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2019-203B
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2019-203B
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Last modified
12/17/2019 11:21:32 AM
Creation date
12/17/2019 11:14:58 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/17/2019
Control Number
2019-203B
Agenda Item Number
Fairgrounds
Entity Name
West Palm Beach Antiques Festival
Subject
Vero Beach Antiques Extravaganza
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Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) <br />business days following the Event. <br />3. Applicant shall be financially responsible for all charges for all materials, personnel, services and <br />equipment that the county furnishes for the Event. Applicant shall also be financially responsible <br />for all charges for all materials, personnel, services and equipment that are provided by non -county <br />agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). <br />4. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 (Sale <br />and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian <br />River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit <br />and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, <br />including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, <br />transportation of patrons, adequate medical facilities, adequate security and traffic control. <br />Applicant shall be responsible for all costs associated with such facilities and services. <br />5. The County shall have the right, after coordination with the Applicant's authorized representative, <br />to determine in its sole discretion the level of County staff necessary to service the facilities during <br />the License Duration. Applicant shall be responsible for all additional costs for County staff and <br />Applicant may request additional staff as needed. <br />6. 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, incurred <br />by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. <br />7. 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 damages, <br />penalties and other legal and equitable remedies including, but not limited to full payment under <br />this License Agreement. <br />8. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises <br />without the express prior written consent of the Assistant County Administrator or his/her <br />designee. <br />9. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned <br />by Applicant at the end of the License Duration, the County is hereby authorized to remove from <br />the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods, wares, <br />merchandise and property of any and all kinds and descriptions placed or permitted therein by <br />Applicant and which may be then occupying the same, and County shall not be liable for any <br />damage or loss to such goods, wares, merchandise or other property which may be sustained either <br />by reason of such removal or of the place to which it may be removed. Applicant hereby expressly <br />releases County from any and all such claims for damages of whatsoever kind or nature and agrees <br />to defend, indemnify and hold County harmless at Applicant's expense as to any claims for <br />damages by third parties having interests in such goods, wares, merchandise and property, <br />including costs and attorney's fees. <br />Fairgroun icense Agreement Page 4 of 11 <br />Initials <br />
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