HomeMy WebLinkAbout2017-120INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT
License Preparation Date: July 17, 2017
Organization: Circus Pages International, Inc.
Address: PO Box 303
City/State/Zip Code: Myakka City, FL 34251
Name of Event: Circus Pages
Load -In Date/Time: 12am - 9/8/17
License Duration: September 8, 2017
Contact Name: Yolanda Earhart
Phone:941-219-9331
E -Mail: jumpingjofa@aol.com
Expected Attendance: 1,000
Load -Out Date/Time: llpm — 9/8/17
WITNESSETH:
WHEREAS, Indian River County (the "County") is the owner of certain property known as the
Indian River County Fairgrounds, located in Indian River County, Florida, (the "Fairgrounds"); and
WHEREAS, the County has the authority to issue and/or execute, and
Circus Pages International, Inc., a Florida for profit corporation, (the "Applicant") desires the issuance
and/or execution of, a permit/agreement for the utilization of the Fairgrounds, which Applicant has
inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated
hereunder; and
WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in
the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper
certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local
laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated
herein, and to satisfactorily perform its obligations as herein required; and
WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and
expressly conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic
beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if
applicable at the time of the License Duration, which are hereby incorporated by reference when
applicable;
NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable
consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual
covenants herein contained, the parties, as indicated by their authorized representatives' signatures below,
hereby agree to the terms and conditions set forth herein:
A. PARK, PREMISES & EVENT SCHEDULE:
1. This Indian River County Fairgrounds License Agreement ("License Agreement") applies to
all events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds
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which Applicant may apply for a permit, license, or use hereunder are more particularly
described as
I. Facilities (See Exhibit A)
a. El Acreage
2 0-5
o 6-10
❑ 11-40
o 41+
b. o Expo Center
c. Q Expo Open Air Pavilion
d. o Agricultural Pavilion
e. o Entertainment Building
f. o Cook Shed
g. o RV Hook-up
II. o Amenities
o Large Bleachers
❑ Small Bleachers
o Small Stage
o Stage Risers #(1-6)
o Trans -Stage o without canopy o with canopy
o 10X20 Tent #
o Light Towers
o Picnic Tables
o Hoses/Sprinklers
o Serving Carts
o Tables (30"X96") w/chairs# o Chairs only #
o Marquee # weeks
❑ Internet Access
o Golf Carts #
o Expo Pavilion Curtains
❑ Fire Extinguishers #
oMidway Electric
(the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose
and/or use contemplated hereunder.
III. Personnel
o Parks Division Staff
IV. Permits
QFairgrounds Use Permit
o Alcohol Permit
2. Applicant may use and have access to the Premises for a period, commencing at 12am on
September 8, 2017, and ending at 11:59pm on September 8, 2017, ("License Duration"), which
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License Duration shall include Event set-up, removal and clean-up. Where the Applicant
requires usage after the stipulated time, Applicant is required to pay additional charges
including, but not limited to standard hourly/daily rates and any overage fees as set forth in the
Fairgrounds Fee Schedule attached as Exhibit B ("Fee Schedule").
B. AUTHORIZED USE, TERMS & CONDITIONS:
1. The Premises are to be used by Applicant for the Circus Pages (the "Event"), involving two
circus themed performances with elephants, white tigers, camels, dogs, ponies, horses and
lions. Applicant uses "Dangerous Wild Animals" in its Event as defined in Exhibit D attached
and incorporated by reference herein as well as detailed information regarding the capture and
emergency plan for any elephants used in the show. At least twenty one (21) days prior to the
Event, Applicant shall supply to the County proof of compliance with each and every condition
listed on Exhibit D. Failure by the Applicant to timely comply with the requirements contained
in Exhibit D shall result in the cancellation of this License Agreement and a forfeit of all
Applicants deposits to the County as liquidated damages.
County's Initials Applicant's Initials
(a) The Event may include the following activities: circus show, performance acts with
animals, elephant rides and motorcycle act.
(b) The hours of the Event shall be: 4:30pm & 7:30pm on September 8, 2017.
(c) The Event shall be used for no other purpose whatsoever, unless prior written approval is
requested in writing by Applicant and given by the County which approval shall be subject
to availability but not be unreasonably withheld, conditioned, or delayed so long as such
request is submitted at least 90 days prior to the beginning of the License Duration. Such
change may result in a modification of the insurance requirements set forth in B. 17.
2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the
Premises the following sums:
(a) Rental fee will be $695.50, plus any additional charges imposed at the request of the
Applicant to be reconciled at the end of License Duration, based on the calculations on the
attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%) of the entire rental
fee, $173.88 ("Event Deposit") is due upon execution of this License Agreement. The
balance of the rental fee set forth above and any remaining payments, including any
expenses, charges or other fees described in this License Agreement shall be due thirty
(30) days prior to the Event. Any incidental charges or fees not included in this
Agreement at the time of execution shall be due within five (5) business days of the
conclusion of the Event as described in B.1.b.
(b) A Damage Deposit of $250.00 shall be submitted no later than 30 days prior to the Event.
The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or
delinquent payments described herein, and against any costs of repair or replacement of
damages to the Fairgrounds that directly or indirectly result from the Event, whether
caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees,
contestants, exhibitors or performers, or others on the Premises at Applicant's direction or
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invitation. The County's use of the Damage Deposit or any other sum described herein
shall in no way constitute a waiver of any other right the County may have at law or
equity. The Damage Deposit, to the extent unused, shall be returned to Applicant within
thirty (30) business days following the Event.
3. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and
3 days prior to the Event. The County reserves the right to cap ticket sales depending on the
capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic
control or due to other public safety issues.
4. Applicant shall be financially responsible for all charges for all materials, personnel, services and
equipment that the county furnishes for the Event. Applicant shall also be financially responsible
for all charges for all materials, personnel, services and equipment that are provided by non -
county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers).
5. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09
(Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the
Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds
use permit and alcohol permit, which collectively require the Applicant to timely obtain
approvals of plans, including but not limited to, adequate sanitation facilities and sewage
disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate
security and traffic control. Applicant shall be responsible for all costs associated with such
facilities and services.
6. The County shall have the right, after coordination with the Applicant's authorized
representative, to determine in its sole discretion the level of County staff necessary to service
the facilities during the License Duration. Applicant shall be responsible for all additional costs
for County staff and Applicant may request additional staff as needed.
7. Applicant's failure to make any of the payments required hereunder in a timely manner shall
constitute a material breach and shall result in the immediate termination of this License
Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred
by the County in the collection of any payment due hereunder shall be reimbursed by Applicant.
8. Applicant (including all artists, performers, entertainers, sound technicians, employees, and
subcontractors of Applicant, and any other participating in the production of the Event) shall
comply and ensure compliance with the following during the Event:
(a) The hours of event production and sound checks utilizing amplified sound in the
Fairgrounds are restricted to:
i. Sunday thru Thursdays from 10:OOam-6:OOpm with a minimum of one thirty (30)
minute intermission.
ii. Fridays and Saturdays from l0am-10:59pm with a minimum of one thirty (30)
minute intermission.
(b) The starting hours listed above may be adjusted to begin earlier upon approval of the
County.
(c) The location and arrangement of the stages and sounds systems shall be in accordance with
the Stage Configuration Map as detailed by Applicant and approved by the County. The
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preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty
(30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than
fifteen (15) days prior to the Event.
(d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any
temporary stages. Such temporary stage installations shall be installed in such a manner so
as to minimize the noise impact on surrounding residential properties.
(e) Applicant shall obtain stage inspection, documentation and certification in accordance with
industry standard. Applicant shall provide copies of documentation reflecting certification
within 24 hours of Event. Applicant shall also allow the County to inspect the stage
construction. Such inspection shall occur no later than 24 hours prior to the Event. Any
cost associated by the County's inspection shall be at the sole cost of the County. The
County shall make inspector(s) available at a mutually agreeable time. Failure to timely
inspect the Stage by the County shall not preclude Applicant from proceeding with the
Event.
9. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be
voidable by the County at any time during the License Duration. Undisclosed and unpermitted
activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages,
penalties and other legal and equitable remedies including, but not limited to full payment under
this License Agreement.
10. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises
without the express prior written consent of the Assistant County Administrator or his/her
designee.
11. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned
by Applicant at the end of the License Duration, the County is hereby authorized to remove from
the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods,
wares, merchandise and property of any and all kinds and descriptions placed or permitted
therein by Applicant and which may be then occupying the same, and County shall not be liable
for any damage or loss to such goods, wares, merchandise or other property which may be
sustained either by reason of such removal or of the place to which it may be removed.
Applicant hereby expressly releases County from any and all such claims for damages of
whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at
Applicant's expense as to any claims for damages by third parties having interests in such goods,
wares, merchandise and property, including costs and attorney's fees.
12. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not
limited to properly covering any and all power cords; (ii) comply with all federal, state and local
laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes
provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful
purpose or in any manner that may result in or cause harm and/or damage to persons or property;
(v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills,
lithographs, posters or cards of any description inside or in front of, or on any part of the
Premises, except with the prior written consent of County, which consent shall not be
unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as
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good a condition and repair, including all necessary trash or waste removal, as the same shall be
found at the beginning of the License Duration. Additionally, Applicant:
(a) assumes all costs arising from the use of patented, trademarked or copyrighted materials,
equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of
the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's
expense from all suits, actions, proceedings, damages, costs and expenses in law or equity,
including attorney's fees, for or on account of any patented, trademarked or copyrighted
materials, equipment, devices, processes or dramatic rights furnished or used by Applicant
or its employees, invitees, licensees, contractors, assignees, performers, contestants and
exhibitors, in connection herewith.
(b) shall not alter landscaping, fencing or any permanent structure nor shall there be any
obstruction to ingress and egress to and from the Premises without the express written
consent by the County.
(c) acknowledges that the County shall have the sole right to collect and have the custody of
articles left at the Premises by persons attending any Event given or held on the Premises,
and Applicant or any person in Applicant's employ shall not collect or interfere with the
collection or custody of such articles.
(d) acknowledges that the County reserves the right to eject any persons reasonably deemed
violent or otherwise dangerous to health, safety and welfare.
(e) acknowledges that the County may immediately terminate the Event if the National
Weather Service issues a severe weather warning, or imminent severe weather conditions
develop in the area indicating a risk to public safety, or a state of emergency has been
declared. Applicant hereby waives any rights and all claims for damages against the
County that may result from the exercise of the rights reserved herein.
(f) represents and warrants to the County that Applicant' s employees, invitees, licensees,
contractors, assignees, contestants, exhibitors and performers by their speech, song, music,
conduct or manner will not violate or incite others to violate any statute, law, ordinance,
rule, regulation or order of any federal, state, municipal or other governmental authority.
13. The County and its officers, agents and employees engaged in the operation and maintenance of
the Premises reserve the right to enter upon and to have free access to the Premises at any and all
times, which reservation is hereby acknowledged and agreed to by Applicant.
14. Applicant releases and forfeits any right of action against the County or its members, officials,
employees and agents from any liabilities, claims for damages, losses, and costs which arise out
of or in connection with the Event and to the fullest extent permitted by law, indemnifies,
defends and saves the County and County's members, officials, officers, employees and agents
harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to
any person, including death, and damage to any property for every cause in any way connected
with the Event irrespective of negligence, actual or claimed, upon the part of the County, its
agents and employees, except where caused by the willful and wanton acts of County officials,
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officers, employees and agents, and (2) from all expenses incurred by the County for police
protection, fire protection and emergency medical services, restoration and clean up, sanitation
and maintenance costs and expenses that are required to preserve public order and protect public
health, welfare and safety on the Premises of the Event.
15. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's
liability submit certificates of insurance naming "Indian River County, FL" as additional insured
and shall:
Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts
not less than stated below:
Schedule Limits
Commercial General Liability — No more restrictive than $2,000,000 General Aggregate/
ISO Form CG0001 (including property damage, personal $1,000,000 Each Occurrence
injury, products / comp. ops. agg., premises, operations,
and blanket contractual liability, and host liquor liability)
(The County and County's members, officials, officers, employees and agents, shall be named as
additional insureds under all of the above Commercial General Liability coverage).
In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is
specifically applicable to the automobiles):
Automobile Liability (all automobiles -owned, hired or $500,000 Combined Single Limit
non -owned)
In the event the Applicant hires employees for the Event or is otherwise required to carry workers'
compensation insurance, the Applicant will provide evidence of workers' compensation insurance or
exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida
Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the
Applicant's contractors or subcontractors engaged in work for the Event have the appropriate
workers' compensation coverage. Such evidence will include evidence of workers' compensation
benefits and employer's liability insurance for the following minimum limits of coverage:
Workers Compensation Florida Statutory Coverage
Including coverage for any appropriate Federal Acts
(e.g. Longshore and Harbor Workers Compensation Act,
33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688
et seq.) where activities include liability exposures for
events or occurrences covered by Federal statutes.
Employer's Liability $100,000 Each Accident
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$500,000 Disease Policy Limit
$100,000 Each Employee/Disease
In the event that any services or activities of a professional nature are provided, and Risk
Management determines the coverage is necessary, pursuant to (k) below:
Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim
In the event that children will be supervised in connection with the Event and Risk Management
determines the coverage is necessary, pursuant to (k) below:
Sexual Molestation Liability $1,000,000 Each Occurrence/Claim
In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or
otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the
following coverage:
Liquor Liability $1,000,000 Combined Single Limit
(b) Participants — Except as set forth below, the Applicant shall assume all responsibility for
Applicant's discretion in obtaining, if any, insurance from the Event's contributing
participants and subcontractors (such as caterers, vendors, production companies, entertainers,
sponsors) in the types and amounts necessary to adequately protect the County and the
County's members, officials, officers, employees and agents.
(c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and
will not require contribution from any insurance or self-insurance maintained by the County.
(d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be
deemed customary and the responsibility of the Applicant and any named insureds.
(e) Additional Insured — The Applicant's insurance, except workers' compensation and any
additional coverages where it is unavailable, will name the Board of County Commissioners
of Indian River County and County's members, officials, officers, employees and agents, as
additional insureds under all insurance coverages required for the Event.
(f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In
the event that coverage is only available on a claims made form, the Applicant shall agree to
maintain an extended reporting coverage for a minimum of two years past the expiration of
the annual policy term.
(g)
Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be
covered by the insurance coverage(s) required under this section shall survive and not be
terminated, reduced or otherwise limited by any expiration or termination of particular
policies for insurance coverages.
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(h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a
statement of self-insurance for liability as allowed by the applicable state or federal statute.
Such statement will be acceptable in place of insurance requirements defined herein.
(i)
Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current
certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is
declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such
insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better.
Applicant must maintain continuation of the required insurance throughout the Event, which
includes load -in, setup, tear down, and load -out.
(j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to
the County's Risk Manager, demonstrating the maintenance of the required insurance
including the additional insured endorsement 30 days prior to the Event Date. Upon written
request, the Applicant shall make its insurance policies and endorsements available to the
County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance
if it complies with this License Agreement's requirements, including, if any, additional
insurance coverages deemed necessary by the Risk Manager. No material alteration or
cancellation, including expiration and non -renewal of Applicant's insurance, shall be
effective until 30 days after receipt of written notice by the County from the Applicant or the
Applicant's insurance company.
(k) Discretionary Authority — Depending upon the nature of any aspect of any event and its
accompanying exposures and liabilities, the County may, at its sole option, require additional
insurance coverages not listed above, in amounts responsive to those liabilities, which may or
may not require that the County also be named as an additional insured.
(1) Applicant is required to immediately notify the County of any incident, accident, occurrences
and/or claims made in connection with the Event.
16. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section
205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less
than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant
shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and
insurance certificate in accordance with Section B. 17 to the County.
17. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or
conditions, including the timely submittal of all documents set forth in Section B, of this
License Agreement, the County may terminate this License Agreement and decline to issue any
and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any
other charges hereunder, whether accruing before or after such termination, shall be considered
part of and inclusive of the County's damages resulting from Applicant's default. Applicant's
default hereunder shall be considered a default of any and all agreements by and between
Applicant and the County, and any amounts due Applicant under its other agreements with the
County may be used by the County to remedy Applicant's defaults hereunder. Any remedy
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granted in this License Agreement to County shall be in addition to all other remedies available
to County in law or equity, and not exclusive of such remedies.
18. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the
Event, the County must receive written notice. Applicants may be entitled to a refund according
to the following schedule:
(a) Cancellation prior to 180 days from the first date of License Duration will receive a refund
equal to 85% of the Event Deposit collected under Section B.4.(a).
(b) Cancellation between 90-180 days of the first date of License Duration will receive a
refund equal to 50% of the Event Deposit collected under Section B.4.(a).
(c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event
Deposit collected under Section B.4.(a).
19. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250
administrative fee for each modification or addendum to the License Agreement.
20. In the event that the Premises or any part thereof, or adjacent premises required for access thereto,
should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to
prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such
event, the County shall be paid for all items of expense incurred by it under this License
Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be
relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not
within Applicant's control shall include, without limitation, acts of God, floods, earthquakes,
hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances,
sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or
events within Applicant's control, and thus not falling within this Section 12, shall include, without
limitation, Applicant's financial inability to perform or comply with the terms and conditions
hereof, economic hardship, a featured act's failure or refusal to perform or appear, and
misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees,
contractors, or agents.
21. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and
Regulations which are attached hereto as Exhibit C and incorporated by reference.
22. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture,
appliances or other property of Applicant or Applicant's employees, invitees, licensees,
contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with
Applicant, and Applicant hereby expressly releases and discharges County from any and all
liability for any such loss and agrees to defend, indemnify and hold County harmless from all
claims and actions for damages as to such losses, including attorney's fees.
23. County and Applicant retain all television, film, recording and licensing rights as to any Event
that takes place in or on the Premises, provided such is permitted within the Artist Contract.
County will coordinate such recordings with Applicant's marketing representative. In the event
of artist recording restrictions, Applicant shall request the right to allow the County to take
generic production and still photographs of the Event.
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24. Unless excused by impracticability or impossibility of performance or other lawful contractual
defense, any attraction, act, or person contracted to appear during the Event as an entertainer
shall appear at the published time or within one hour thereafter. Applicant shall not advertise or
permit any advertising that a particular performer will appear for the Event until after a contract
for the performer's appearance has been executed and a copy thereof has been provided to the
County; otherwise, the County may terminate this License Agreement and cancel the Event.
25. No exception or waiver of any provision of this License Agreement shall be effective unless in
writing signed by the Assistant County Administrator. No such waiver shall be held to waive
the same provision on a subsequent occasion or be construed to constitute a waiver of any other
provision of this License Agreement. This License Agreement contains the entire agreement
between the parties, unless modified or amended by a subsequent written agreement executed by
the parties. This License Agreement shall be governed by the laws of the State of Florida, and
venue for the resolution of disputes hereunder shall be in a court of law in Indian River County,
Florida.
26. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a
"Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention
Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and
IRC Ordinance Section 208.11.
27. All of the Applicant's subcontractors shall have all of the necessary local, state and federal
licenses for the services provided at the Event.
28. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day.
29. Any notice, request, instruction, demand, consent or other communication required or permitted
to be given under this License Agreement shall be in writing and shall be given in writing and
delivered by email or US Mail, Certified — Return Receipt Requested, to the following:
Indian River County
Parks Division
5500 77th Street
Vero Beach, FL 32967
Email: mzito(aircgov.com,
cc: dfleetwood A ircgov.com, bpow,ell ci ircgov.com, ircgov.com
Applicant:
Circus Pages
Attn: Yolanda Earhart
PO Box 303
Myakka City, FL 34251
Email: jumpingjofa@aol.com
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30. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied,
as to any pecuniary gain that Applicant may have intended to result from the Event.
31. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated
herein by this reference.
32. Services Provided by the County:
(a) County reserves the right to determine the adequacy of outside services procured by the
Application under Section B as a condition of the Permit.
IN WITNESS WHEREOF, the parties, by and through their authorized representatives'
signatures below, do hereby execute this License Agreement on this 15 day of
T\iigust 2017
APPLICANT:
By
Earhart, Manager
INDIAN RIVER COUNTY:
By
ATTEST: Jeffrey R. Smith, Clerk of Circuit
BY:
Court and Ccxnntroller
Deputy Cler
Fai rounds License Agreement
Initia1sSt rt—
nh E. Flescher, Chainnah.,FR000t�11 ••
APPROVED AS TO FORM
AND LEGAL SUFFIC$EI Q -Y
BY
DYLAN AEINGOLD
COUNTY ATTORNEY
Page 12 of 12
July 17, 2017
Ex -HI -BIT A _ Circus P
ages 9/8/17
EXI IIBIT B - Fairgrounds License Agreement Fees - Standard
CIRCUS PAGES INTERNATIONAL, INC.
September 8, 2017
Acreage Days Total
0-5 Acres $ 150.00 X 1 = $ 150.00
6-10 Acres $ 175.00 X = $
11-40 Acres $ 525.00 X = $
41+ Acres $ 775.00 X = $
Facility Hourly Rates Hours
Expo Center $125.00 x = $
Facility Daily Rates Days
Expo Open Air Pavilion $500.00 x 1 = $ 500.00
Agricultural Pavilion $400.00 x = $
Entertainment Bldg. $100.00 x = $ -
Concession Bldg. $100.00 x = $
Ammenities per Event QTY
Small Stage$50.00 x = $
Tables=$8.00 x $
Chairs$0.50 x = $
Iloses/Sprinklers$20.00 x = $
Light Carts=$90.00 x $
Internet Access $100.00 x = $
Tent 10x20 $200.00 x = $
Picnic Tables$10.00 x = $
Stage Risers=$20.00 x $
Serving Carts=$20.00 x $
Ammenities per day QTY Per Day
Small Bleachers (1st Day) $75.00 x x = $
Small Bleachers Addl. Days $25.00 x x = $
Large Bleachers (1st Day) $325.00 x x = $
Large Bleachers Addl. Days $100.00 x x = $
Stage with Canopy (1st I)ay) $1,100.00 x x = $
Stage with Canopy Addl. Days $200.00 x x = $
Stage without Canopy (1st Day) $600.00 x x = $
Stage without Canopy Addl. Days $200.00 x x = $
Fire Extinguisher $10.00 x x = $
Golf Carts $70.00 x x = $
Golf Cart - 8 Passenger $100.00 x x = $
Electric$75.00 x x = $
Ammenities per week
Marquee (1st Week)
$100.00 x x
EXHIBIT B - Fairgrounds License Agreement Fees - Standard
Marquee Addl. Weeks $50.00 x x = $
Marquee Per Day $20.00 x x = $
FACILITY EXCLUSION
ALCOHOL PERMIT FEE
Days Total
$250.00 x = $ -
$400.00 x = $
Subtotal + Tax: $ 695.50
SUBTOTAL: _ $ 650.00
7% TAX: _ $ 45.50
DAMAGE DEPOSIT: = $ 250.00
TOTAL: _ $ 945.50
25% DEPOSIT: _ $ 173.88
Check No.
PAYMENTS
Date Amount
$
$
$
$
$
$
Balance Due: $ 945.50
POST EVENT RECONCILIATION CHARGES
Staff
Staff
$25.00 x
# Hours
x
= $
TAX: = $
STAFF TOTAL: _ $
Date Quote Updated: July 17, 2017 Quote Provided 13y: BP
***Quotes are good for 15 days. No dates are held without a 25% deposit.***
Exhibit C
Indian River County
Parks Division
Fairgrounds Rules & Regulations
General Fairgrounds Rules
1. Scheduling is conducted on a first come, first serve basis for open dates.
Reservation dates may only be secured and guaranteed with a minimum 25%
Deposit Fee and fully executed Agreement. Staff reserves the option to issue a
placeholder deposit Agreement ("Placeholder Agreement") in lieu of a fully
executed Agreement which will secure the date pending a due diligence review.
Placeholder Agreements shall automatically expire 6 months prior to the
scheduled event date and the reservation forfeited unless the Applicant enters
into an Agreement.
2. Permits for groups composed of minors will be issued only to adults who accept
responsibility for supervising them throughout the period of the permit.
3. Security Plan:
a. Festival events shall present a security plan to the Indian River County
Sheriff's Office Division of Law Enforcement. Approval and sign off by
the Division shall be a condition precedent of the issuance of the
Permit/License Agreement.
b. Assigned law enforcement officials must have arresting authority in Indian
River County, i.e. IRCSO, FHP etc.
c. The County will determine in its sole discretion the level of security of
sworn law enforcement and emergency services personnel.
d. Evidence of IRSO law enforcement scheduling shall be provided to the
County 30 days prior to the Event by means of a paid receipt to the IRSO.
The County will provide Applicant with the order form for IRSO.
4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be
approved in advance by the Fairgrounds Management Staff.
5. Deposits:
a. All buildings and facilities shall be left in the same condition it was
received in. A cleaning fee shall be deducted from the damage deposit to
cover the cost of cleaning/restoring the facilities to their original
condition.
i. Any and all decorations must be approved prior to installation and
removed completely at the conclusion of the event.
ii. The Ag Expo Building should be left in a broom swept condition
with any wet areas mopped and all garbage left in designated
location.
b. A damage deposit of no less than $500, refundable upon inspection of the
property is required for every event. Deposit may be increased in the sole
discretion of the County dependent upon number of attendees and events.
i. Festivals require a damage deposit of no less than $2500.
6. Any signage visible from the road in any county right of way requires a permit
from the Code Enforcement Division prior to placement.
Fairgrounds License Agreement Page 1 of 3
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8/
Exhibit C
7. No animals are allowed unless assisting the handicapped or the event is an
animal related event. Animals are allowed in the RV area but must be on a leash
(<6') or in a carrier at all times.
8. Alcoholic is strictly prohibited except through the issuance of an Alcohol permit
issued by the Parks Division.
9. Under no circumstances shall any person remove any equipment or other items
from the premises.
10. Facilities shall be restored to their original condition and all activities ceased by
at the time referenced in the Agreement. For each quarter hour after the
applicant will be charged a fee of $50.00 per quarter hour.
11. Control of all lights, thermostats and other equipment, and the locking and
unlocking of doors is the responsibility of the Fairgrounds Management Staff.
Staff should be notified of any special needs of the Applicant.
12. Applicant agrees to hold Indian River County, FL harmless from any and all
claims for damages to persons or property resulting from their use of any facility.
13. Applicant agrees to accept facilities "as is." Applicant acknowledges
responsibility for conduct of each member / guest attending event. Applicant
conducts all events at their own risk. All attendees must abide by County
policies.
14. All RV's are required to park in the designated RV area. There will be no
parking of RV's in or around other facilities without prior approval of the
Fairgrounds Management Staff. All RV's will be required to pay the daily fee
for the campsite hook-up.
15. Insurance requirements shall be determined at the sole discretion of the County
Risk Manager. Certificates of insurance designating "Indian River County, FL"
as additional insured shall be presented to the County no less than 30 days prior
to the event.
16. All activities shall be subject to inspection by Indian River County Offices of
Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic
Control, Solid Waste Disposal District and Florida Department of Business and
Professional Regulation.
RV Campground Rules
1. RV sites are not open to the public.
2. RV sites are used only during scheduled events. Only participants of the events
may use the RV sites.
3. Alcohol is strictly prohibited within the Campground.
4. Animals are not allowed in Campground unless permitted by Fairgrounds
Management Staff.
5. Showers are to be used by registered guest only.
6. Only one (1) hook-up allowed per site.
7. Backflow preventers are required on all water connections at all times.
8. Proper sewer connections are required at all times.
9. Applicant is responsible to collect all fees from participants of their event.
10. Fairgrounds Management Staff will count each morning and will confirm count
with the Applicant daily.
11. Fees are $20.00 per site plus 11% tax for a total of $22.20 each for full hookup.
12. Fees are $15.00 plus 11% tax for a total of $16.65 each for all dry camping.
Fairgrou»ds License Agreement Page 2 of 3
Initialsik rev.
8/
Exhibit C
13. Reconciliation for camping fees will be collected within 3 days of the conclusion
of the event.
14. A separate check for camping fees is required.
15. Early arrival and late departure for events must be coordinate thru the Fairgrounds
Management Stam @ 772-589-9223 and camping fees will be collected
separately.
16. Reservations are not accepted for campsites.
Fairgrounds License Agreement
Initials ' i
8/
Page 3 of 3
rev.
Page 1 of 2
EXHIBIT "D"
Use of Dangerous Wild Animals
The County of Indian River, Florida, has approved on , a schedule of requirements that
apply to exhibition, sets, displays, or any other permit that involves elephants or any other potentially
dangerous wild animal, as defined below.
"Dangerous wild animal" means any mammal, including but not limited to Elephantidae (elephant);
Felidae (tiger, lion, cougar, leopard, cheetah, jaguar); Canidae (wolf, coyote); Ursidae (all bears); and all
non -human primate species (such as chimpanzees, orangutans, gibbons, capuchins, macaques, and
baboons) which the owner knows or reasonably should know has a propensity, tendency, or disposition to
attack, cause injury, or otherwise endanger the safety of the public or other animals.
The required actions or document submittals described below must be satisfied by applicant(s) three
weeks prior to issuance of a permit. In the event a permit is issued, failure to maintain these requirements
during the permitted activity will be cause for revocation of the permit.
Applicants must meet the following conditions:
1. Submit a liability insurance policy with an insurer authorized or approved to write such insurance in
this state in the amount of two million dollars that covers claims for injury or damage to persons or
property in an amount of not less than one million dollars per occurrence. In the case of activity to be
held on public property, the Risk Manager of the County will review the proposed activity and at his or
her sole discretion set additional requirements or increased limits.
Submit documented proof that within the past twelve months all elephants tested free of tuberculosis
(TB) in trunk wash cultures and a serological test that detects antibodies to TB, such as the
ElephantTB-STAT-PAK Assay.
3. Submit a written plan for the quick and safe recapture or destruction of a wild animal in the event an
animal escapes.
a. The applicant's written protocols for training their staff on methods of safe recapture of escaped
wild animals, and
b. A detailed description of containment methods for the animal(s) and; and
c. Access to appropriate chemical immobilization drugs and equipment; and
d. Identification of staff member(s) (and as appropriate, veterinarians) who possess firearm and
chemical immobilization proficiency to recapture an escaped wild animal.
4. Disclose previous incidents of specific dangerous, unpredictable, or aggressive behavior by any of the
animals, that put any people or other animals at risk, including the animal handler(s).
5. Disclose ages and all current and most recent names of all animals.
6. Produce health histories and health certificates for all animals.
Fairgrounds License Agreement — Exhibit D Page 1 of 2
Initials y
7. Applicant, applicant's principles, officers, and directors must have no felony convictions and must
disclose the names of any employees with animal related felony or misdemeanor convictions.
8. Applicant must meet the following conditions:
a. Applicant (including employees and subcontractors of applicant) has not been cited within 3 years
by USDA under the Animal Welfare Act for 1) inappropriate provision of veterinary care 2)
inappropriate handling of animals causing stress or trauma 3) inappropriate provision of food,
water, shelter or space.
b. Will comply with all applicable Federal law for the duration of the activity permitted.
9. Must not have any official notices of alleged violations; or any stipulations, consent decrees, or
settlements entered into with the USDA within the last 5 years.
10. The applicant must meet an informed consent provision by providing written information explaining
that a wild animal(s) will be or is present and there is risk of injury or death to:
a. The property owner or person responsible for the property where the animal will be displayed.
b. The owners or persons responsible for any contiguous neighboring property;
c. Any individuals entering the site of the permitted animals display.
Written information shall be either a handout or flyer handed to the persons listed above or a poster
located at all entrances to the performance area, in and around the performance area, and where the
wild animal(s) is located.
11. Produce a plan for providing emergency veterinary care in a timely fashion including names and
contact information of available on-call veterinarians, if none are present on-site.
Fairgrotnds License Agreement — Exhibit D
Initials YE
Page 2 of 2