|
2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the
<br />Premises the following sums:
<br />(a) Rental fee will be $1559.16, which includes tax, plus any additional charges imposed at the
<br />request of the Applicant to be reconciled at the end of License Duration, based on the
<br />calculations on the attached Fee Schedule. A minimum of TWENTY-FIVE percent (251/o)
<br />of the entire rental fee, $389.79 ("Event Deposit") is due upon execution of this License
<br />Agreement. The balance of the rental fee set forth above and any remaining payments,
<br />including any expenses, charges or other fees described in this License Agreement shall
<br />be due thirty (30) days prior to the Event. Any incidental charges or fees not included in
<br />this 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.l.b.
<br />(b) A Damage Deposit of $500.00 shall be submitted no later than 45 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 />3. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and 3
<br />days prior to the Event. The County reserves the right to cap ticket sales depending on the
<br />capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic
<br />control or due to other public safety issues.
<br />4. 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 -
<br />county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers).
<br />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
<br />permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of
<br />plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking
<br />facilities, transportation of patrons, adequate medical facilities, adequate security and traffic
<br />control. Applicant shall be responsible for all costs associated with such facilities and services.
<br />6. 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
<br />during the License Duration. Applicant shall be responsible for all additional costs for County
<br />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, incurred
<br />by the County in the collection of any payment due hereunder shall be reimbursed by Applicant.
<br />Applicant (including all artists, performers, entertainers, sound technicians, employees, and
<br />subcontractors of Applicant, and any other participating in the production of the Event) shall
<br />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 10:00am-6:OOpm with a minimum of one thirty (30)
<br />minute intermission.
<br />ii. Fridays and Saturdays from 10am-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 with
<br />
|