2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the V'
<br />Premises the following sums:
<br />(a) Rental fee will be $692.25 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 (25%)
<br />of the entire rental fee, $173.06 ("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.I .b.
<br />(b) A Damage Deposit of $250.00 shall be submitted no later than 30 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. 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 />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
<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 />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
<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 />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
<br />from 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 />
|