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2023-FG51
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2023-FG51
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Last modified
5/26/2023 11:27:43 AM
Creation date
5/26/2023 11:26:17 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/24/2023
Control Number
2023-FG51
Entity Name
IRC Toys for Tots
Subject
Christmas in July, July 22, 2023
Area
Fairgrounds
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4. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 <br />(Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the <br />Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds <br />use permit and alcohol permit, which collectively require the Applicant to timely obtain <br />approvals of plans, including but not limited to, adequate sanitation facilities and sewage <br />disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate <br />security and traffic control, Applicant shall be responsible for all costs associated with such <br />facilities and services. <br />5. The County shall have the right, after coordination with the Applicant's authorized <br />representative, to determine in its sole discretion the level of County staff necessary to set -vice <br />the facilities during the License Duration. Applicant shall be responsible for all additional costs <br />for County 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 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 />10. 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 />Fairgrorurs License Agreement Page 4 of 11 <br />
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