HomeMy WebLinkAbout2016-164A SECOND AMENDMENT TO INDIAN RIVER COUNTY FAIRGROUNDS
LICENSE AGREEMENT FOR VERO BEACH ROCKTOBERFEST
EVENT BETWEEN INDIAN RIVER COUNTY AND FULLY INVOLVED
EVENT PRODUCTIONS, LLC. LICENSE AGREEMENT DATED
MARCH 15, 2016 - FIRST AMENDMENT DATED AUGUST 16, 2016
THIS SECOND AMENDMENT BETWEEN INDIAN RIVER COUNTY AND
FULLY INVOVLED EVENT PRODUCTIONS, LLC, ("Second Amendment") is entered
into as of the 4th day of October, 2016 by and between Indian River County, a political
subdivision of the State of Florida, by and through its Board of County Commissioners, whose
address is 1801 27th Street, Vero Beach, Florida, (the "County"), and Fully Involved Event
Productions, LLC, (the "Applicant"):
RECITALS
WHEREAS, on March 15, 2016, County and Applicant entered into an Indian River
County Fairgrounds License Agreement which granted approval for the Applicant to conduct an
event entitled Vero Beach Rocktoberfest (the "Event") according to the terms and conditions set
forth therein, (the "License Agreement'); and
WHEREAS, on August 16, 2016, County and Applicant executed the First Amendment
to the License Agreement (the "First Amendment') (the License Agreement and First
Amendment are collectively referred to as the "Amended Agreement'); and
WHEREAS, since executing the First Amendment, the Applicant has selected a
nonprofit charitable organization to conduct alcohol sales at the Event, the Applicant has
proposed to add the Rotary Club of Vero Beach Sunrise, Inc. as a co-applicant; and
WHEREAS, in light of selecting a nonprofit charitable organization to conduct alcohol
sales at the Event, the parties desire to convert the method of calculating the alcohol permit fee;
and
WHEREAS, the Applicant has requested adding another component to the Event on
October 20, 2016, in the Expo Center, along with additional amenities and fees;
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Amendment to the second WHEREAS clause, the second Whereas clause in the
License Agreement, is hereby amended to include Rotary Club of Vero Beach Sunrise,
Inc. as a co-Applicant (with Fully Involved Event Productions, LLC) (collectively
referred to as "Applicant'); and
3. Amendments Section A. 1. Section A.1. of the License Agreement will add the Expo
Center as a facility rented for October 20, 2016, and the Fee Schedule, Exhibit A, shall
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reflect 8 hours of use. Other incidentals will be rectified under the post event
reconciliation for additional hours and amenities.
4. Amendments to Section B.Lb.: The contents of Section B.l.b. of the Amended
Agreement is deleted and replaced with the following:
b. The hours of the Event shall be: Thursday, October 20, 2016, from 4pm-11:59pm,
Friday, October 21, 2016 from 3pm-1 Ipm, Saturday, October 22, 2016 from 10am—
I Ipm and Sunday, October 23, 2016 from loam-6pm.
5. Amendments to Section BA(c): Section BA(c) of the Amended Agreement is deleted
and replaced with the following:
c. In addition to fees imposed by Section BA(a), Applicant shall pay the County two
dollars ($2.00) per ticket sold to the Event. Applicant shall account for all the
tickets sold seven (7) days prior to the Event, and pay the aforementioned ticket
fees sold up to that point, at least three (3) days prior to the Event. The County
shall have the right to inspect the Applicant's ticket records at any point during
and up to thirty (30) business days after the end of the License Duration.
6. Amendments to Section BA(d): Section BA(d). of the Agreement is deleted in its
entirety.
7. All other provisions of the Amended Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties, by and through their authorized representatives'
signatures below, do hereby execute this Second Amendment this 4th day of October, 2016.
FULLY INVOLVED EVENT
PRODUCTIONS,LLC. INDIAN RIVER COUNTY, FLORIDA
NMI
By: o?• '
Wayne t. Howar By:aslz
Presid nt Bob Solari, Chairman { ;o
Board of County Commissioners
erson President Date BCC Approved: October 4, 20f6-.;n ER
Rotary Club of Vero Beach Sunrise, Inc.
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APPROVED AS TO FORM: APPR
Dy 'Reingold, Esq. Jason E. own County Administrator
County Attorney
ATTEST: Jeffrey R. Smith
Clerk of t e Court and Com oller
By:
Deput er
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