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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 -county <br />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 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 />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 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 />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 />8. 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 location and arrangement of the stages and sounds systems shall be in accordance with <br />the Stage Configuration Map as detailed by Applicant and approved by the County. The <br />preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty <br />(30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than <br />fifteen (15) days prior to the Event. <br />(b) Sound attenuation blankets or sound walls may be required to be erected at the rear of any <br />temporary stages. Such temporary stage installations shall be installed in such a manner so <br />as to minimize the noise impact on surrounding residential properties. <br />(c) 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 cost <br />associated by the County's inspection shall be at the sole cost of the County. The County <br />shall make inspector(s) available at a mutually agreeable time. Failure to timely inspect the <br />Stage by the County shall not preclude Applicant from proceeding with the 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 />Fairgr License Agreement <br />Initia <br />Date <br />Page 4 of 11 <br />November 17, 2021 <br />