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Last modified
3/5/2021 1:38:50 PM
Creation date
11/10/2020 1:02:32 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/06/2020
Control Number
2020-230
Entity Name
Under the Sun Promotions
Subject
Treasure Coast Boat Show, Marina Flea Market and Seafood Festival
October 2, 2020 - October 4, 2020
Area
Fairgrounds
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(e) Applicant shall obtain stage inspection, documentation and certification in accordance with <br />industry standard. Applicant shall provide copies of documentation reflecting certification <br />within 24 hours of Event. Applicant shall also allow the County to inspect the stage <br />construction. Such inspection shall occur no later than 24 hours prior to the Event. Any <br />cost associated by the County's inspection shall be at the sole cost of the County. The <br />County shall make inspector(s) available at a mutually agreeable time. Failure to timely <br />inspect the Stage by the County shall not preclude Applicant from proceeding with the <br />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 damages, <br />penalties and other legal and equitable remedies including, but not limited to full payment under <br />this License Agreement. <br />10. 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 />11. 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, <br />wares, merchandise and property of any and all kinds and descriptions placed or permitted <br />therein by Applicant and which may be then occupying the same, and County shall not be liable <br />for any damage or loss to such goods, wares, merchandise or other property which may be <br />sustained either by reason of such removal or of the place to which it may 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 />Applicant's expense as to any claims for damages by third parties having interests in such goods, <br />wares, merchandise and property, including costs and attorney's fees. <br />12. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not <br />limited to properly covering any and all power cords; (ii) comply with all federal, state and local <br />laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes <br />provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful <br />purpose or in any manner that may result in or cause harm and/or damage to persons or property; <br />(v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, <br />lithographs, posters or cards of any description inside or in front of, or on any part of the <br />Premises, except with the prior written consent of County, which consent shall not be <br />unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as <br />good a condition and repair, including all necessary trash or waste removal, as the same shall be <br />found at the beginning of the License Duration. Additionally, Applicant: <br />(a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, <br />equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of <br />the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's <br />expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, <br />Fairgroun greement <br />Inti <br />Page S of 12 <br />
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