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AGREEMENT BETWEEN <br />PCP TACTICAL, LLC <br />AND <br />THE BOARD OF COUNTY COMMISSIONERS <br />INDIAN RIVER COUNTY FLORIDA <br />THIS AGREEMENT ("Agreement") is entered into as of July 11, 2023, by and between PCP Tactical, <br />LLC, a Florida limited liability company whose address is 10315 102nd Terrace <br />Sebastian, FL 32958; and Gorilla Ammunitions, LLC, a Florida limited liability company, whose address is <br />10315 102"d Terrace, Sebastian, FL 32958; collectively referred to as "PCP Tactical" and Indian River County, <br />a political subdivision of the State of Florida, whose address is 180127' St., Vero Beach, FL 32960 hereinafter <br />referred to as "County". <br />WHEREAS, the County maintains and operates a Public Shooting Range ("Range") in Indian River <br />County; and <br />WHEREAS, PCP Tactical is a manufacturer of high end ammunition whose main business operations <br />take place on property adjacent to the Range; and <br />WHEREAS, PCP Tactical desires to use the range for the purpose of fulfilling their corporate mission <br />to conduct testing, training and shooting demonstrations of various ammunition products by PCP Tactical staff, <br />customers and, in the future, extend invitations to similar industry groups, affiliates, organizations and <br />professional associations in order to defray the fees paid to the County under this agreement; and <br />WHEREAS, the parties desire to enter into this Agreement setting forth certain terms and conditions <br />relating to the use of the Range by PCP Tactical; <br />NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable <br />consideration, the parties agree as follows: <br />1. The above whereas clauses are true and correct and incorporated into this agreement by reference. <br />2. EXCLUSIVE USE: PCP Tactical shall have exclusive use of the Range for training purposes on <br />Tuesdays and Wednesdays excepting special events properly noticed by the County under Section 3 of this <br />Agreement. PCP Tactical will be responsible for providing National Rifle Association Certified Range Safety <br />Officer Instructors to supervise all Range activity. PCP Tactical will not utilize or deplete any Range inventory <br />including but not limited to targets and ammunition belonging to the Range. PCP Tactical shall ensure that <br />the public does not access the facilities at the Range during PCP Tactical's use under this Agreement. <br />Shooting shall be restricted to the designated Range Line and Clays Course areas unless approved in advance <br />by the Range Manager. <br />3. RANGE USAGE AND CLOSURE: PCP Tactical will provide a quarterly training schedule to the <br />Range Manager prior to utilizing the Range. The Range shall be closed to the public on Tuesdays and <br />Wednesdays for the duration of this Agreement except when the Range Manager provides thirty (30) days <br />written notice to PCP Tactical of a conflicting special event scheduled by the County during which the Range <br />will not be available for use by PCP Tactical. Prior to each use of Range, PCP tactical shall verify there are no <br />maintenance workers located in the section PCP Tactical is utilizing. <br />4. FEE: PCP Tactical shall pay an annual flat fee of $52,000 payable in quarterly installments due on <br />or before the 15a` day of July, October, January and April respectively. Payment due must be received in full <br />and in advance of using of the Range. The annual fee for subsequent fiscal years shall be due in quarterly <br />