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<br />Agreement for Use of Indian River County Fairgrounds
<br />between
<br />INDIAN RIVER COUNTY
<br />and INDIAN RIVER COUNTY FAIR ASSOCIATION, INC.
<br />THIS AGREEMENT for USE of INDIAN RIVER COUNTY FAIRGROUNDS,
<br />("Agreement") made this 12th day of February, 2008, is by and between INDIAN RIVER
<br />COUNTY, a political subdivision of the State of Florida, having an address of 1801 27th
<br />Street, Vero Beach, FL 32960 ("County") and the INDIAN RIVER COUNTY FAIR
<br />ASSOCIATION, INC., a Florida not-for-profit corporation, having an address of 1818
<br />Commerce Avenue, Vero Beach, FL 32960, ("Association").
<br />BACKGROUND RECITALS
<br />WHEREAS, the Association proposes to conduct a public fair or exposition in
<br />accordance with Chapter 616, Florida Statutes ("County Fair"), in calendar years 2008,
<br />2009, and 2010, for the benefit and development of the educational, agricultural,
<br />horticultural, livestock, and other resources of Indian River County; ; and
<br />WHEREAS, the County is willing to support the Association in operating the County
<br />Fair by allowing the Association to use the Indian River County Fairgrounds
<br />("Fairgrounds") as set forth in this Agreement; and
<br />WHEREAS, the Association's use of the Fairgrounds to operate the County Fair
<br />serves a legitimate public purpose and is authorized by Florida Statutes section 616.11;
<br />and
<br />WHEREAS, the County and the Association had entered into prior agreements to
<br />operate the County Fair; the most recent agreement was dated December 3, 2002 and it
<br />expired by its terms.
<br />NOW, THEREFORE, for and in consideration of the mutual covenants set forth
<br />herein and other good and valuable consideration, the receipt and sufficiency of which is
<br />hereby acknowledged, County and Association mutually agree as follows:
<br />1. In accordance with Florida Statutes section 616.15, the Association shall apply to
<br />the State of Florida, Department of Agriculture and Consumer Services, Division of
<br />Marketing and Development, Bureau of State Farmers' Markets ("State") for a fair permit
<br />to conduct County Fairs in calendar years 2008, 2009, and 2010, and the Association
<br />shall be responsible for all matters pertaining to such permitting.
<br />2. A permit for the 2008 County Fair has been issued by the State to the
<br />Association, and the County shall let the Association use and occupy the Fairgrounds,
<br />located at 7955 58th Avenue in Indian River County, Florida, from March 10 through March
<br />27, 2008, to operate the Indian River County Fair from March 14, 2008, through March 22,
<br />2008. In each successive year during the term of this Agreement, if a permit is issued by
<br />the State to the Association, the Association shall have priority at the Fairgrounds in
<br />scheduling the County Fair if the Association notifies the County in writing through the
<br />County's Parks Director of the proposed dates by May 30, in which case the County shall
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