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Last modified
9/13/2024 10:43:03 AM
Creation date
9/13/2024 10:42:09 AM
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Official Documents
Official Document Type
Agreement
Approved Date
08/20/2024
Control Number
2024-178
Agenda Item Number
8.AJ.
Entity Name
United Way of Indian River County Inc.
Subject
Agreement for St. Paddy’s Day Pickleball Tournament March 15, 2025
at the Dick Bird Park (South County)
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loss and agrees to defend, indemnify and hold County harmless from all claims and actions for <br />damages as to such losses, including attorney's fees. <br />21. County and Applicant retain all television, film, recording and licensing rights as to any Event that <br />takes place in or on the Premises, provided such is permitted within the Artist Contract. County <br />will coordinate such recordings with Applicant's marketing representative. In the event of artist <br />recording restrictions, Applicant shall request the right to allow the County to take generic <br />production and still photographs of the Event. <br />22. Unless excused by impracticability or impossibility of performance or other lawful contractual <br />defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall <br />appear at the published time or within one hour thereafter. Applicant shall not advertise or permit <br />any advertising that a particular performer will appear for the Event until after a contract for the <br />performer's appearance has been executed and a copy thereof has been provided to the County; <br />otherwise, the County may terminate this License Agreement and cancel the Event. <br />23. No exception or waiver of any provision of this License Agreement shall be effective unless in <br />writing signed by the Deputy County Administrator. No such waiver shall be held to waive the <br />same provision on a subsequent occasion or be construed to constitute a waiver of any other <br />provision of this License Agreement. This License Agreement contains the entire agreement <br />between the parties, unless modified or amended by a subsequent written agreement executed by <br />the parties. This License Agreement shall be governed by the laws of the State of Florida, and <br />venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, <br />Florida. <br />24. When applicable, at least 14 days prior to each Event Date, Applicant shall submit proof of <br />application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County <br />Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 <br />& 102 and IRC Ordinance Section 208.11. <br />25. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses <br />for.the services provided at the Event. <br />26. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. <br />27. Animals will not be permitted onto the Courts during an event unless they are considered a <br />Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service <br />animal as "any dog that is individually trained to do work or perform tasks for the benefit of an <br />individual with a disability, including a physical, sensory, psychiatric, intellectual, or other <br />mental disability. Other species of animals, whether wild or domestic, trained or untrained, are <br />not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). <br />Indian River County Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in <br />any park or recreational facility unless specifically posted as allowable by the department. (205.3 <br />paragraph 22). <br />f <br />Indian Tifno, rks, Recreation & Conservation License Agreement <br />Page 9 of 10 <br />Initials <br />
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