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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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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 />15. 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 />16. 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 180 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 />(c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event <br />Deposit collected under Section B.4.(a). <br />17. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 <br />administrative fee for each modification or addendum to the License Agreement. <br />18. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, <br />should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent <br />the use of the Premises for the Event, then this License Agreement shall terminate. In such event, <br />the County shall be paid for all items of expense incurred by it under this License Agreement and <br />any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying <br />rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's <br />control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other <br />natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints <br />imposed by order of a governmental agency or court. Causes or events within Applicant's control, <br />and thus not falling within this Section 12, shall include, without limitation, Applicant's financial <br />inability to perform or comply with the terms and conditions hereof, economic hardship, a featured <br />act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of <br />Applicant's directors, officers, employees, contractors, or agents. <br />19. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and <br />Regulations which are attached hereto as Exhibit C and incorporated by reference. <br />Fairgrounds License Agreement Page 9 of 11 <br />Initials_ P <br />
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