HomeMy WebLinkAbout2018-040INDIAN RIVER COUNTY FAIRGROUNDS
LICENSE AGREEMENT
This Fairgrounds License Agreement ("Agreement") is entered into as of the 27th day of February,
2018, ("Effective Date") by and between Indian River County, Florida, a political subdivision of the State
of Florida ("County") and Erik Cendejas & Ruviela Viera ("Applicant").
WHEREAS, 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
the Applicanf 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. APPLICANT & EVENT DETAILS
License Duration: September 7-8,2018
Applicant: Erik Cendejas & Ruviela Viera
Applicant's Phone: 772-584-2936
Address: 10097 Meadows Court
Email: rubii96@aol.com
Event Date/Hours: Sept. 8, 201812pm-llpm
Load -In Date/Time: Sept. 7, 2018 5pm- Bpm
Event Description: Private wedding reception for
pprox.. 750 people with alcohol & food served and a live
band
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Name of Event:, Wedding reception
Applicant's Designated Liaison: Jose Cendejas-Erik's
dad
Liaison Phone: 772-713-9135
City/State/Zip Code: Fellsmere, Fl 32948
Permitted Attendance: approx.. 750
Alcohol Permit Requested: yes
Load -Out Date/Time: Sept. 8, 2018 llpm-lam
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B. PREMISES
This Agreement applies to all private parties for the use of the Fairgrounds, particularly the Expo
Building (15 hours) and associated parking acreage (Exhibit A), including amenities (60 tables, 480
chairs, up to 6 stage risers, midway electric, serving carts) and staff, (the "Premises"), which Applicant
acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder.
C. LICENSE DURATION
Applicant may use and have access to the Premises for a period, described in Section A ("License
Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the
Applicant requires additional hours, Applicant is required to pay $125 per hour. Facilities shall be
restored to their original condition and all activities ceased by the time referenced in the Agreement.
For each quarter hour after, the Applicant will be charged a fee of $50.00 per quarter hour.
D. AUTHORIZED USE, TERMS,& CONDITIONS:
1. The Premises are to be used by Applicant for the event described in detail under Section A, (the
"Event"), and 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 D. 17.
2. RENTAL FEE & PAYMENT
Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises:
(a) Rental fee in the amount of $3,800.00+tax' (plus any additional charges imposed at the
request of the Applicant). The balance of the rental fee set forth above and any additional
hourly charges requested by the Applicant shall be due thirty (30) days prior to the Event.
(b) Additional hours requested by the Applicant and balance due are described in Exhibit B.
(c) A minimum of TWENTY-FIVE percent (25%), of the entire rental fee ("Event Deposit") is
due upon execution of this .License Agreement.
(d) 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 Exhibit
B.
(e) 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.
DAMAGE DEPOSIT
A Damage Deposit as described in Exhibit B 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 invitation. The County's use of
the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any
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other right the County may have at law or equity.1 he Damage Deposit, to the extent unused, shall
be returned to Applicant within thirty (30) business days following the Event.
(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.
(b) Any and all decorations must be approved prior to installation and removed completely at
the conclusion of the event.
(c) The Ag Expo Building should be left in a broom swept condition with any wet areas mopped
and all garbage left in designated location. ' ;
4. CANCELLATION
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 D. 2.
(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 D. 2.
(c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event
Deposit collected under Section D. 2.
5. DECLARATION OF EMERGENCY
Applicant 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.
6. CANCELLATION CAUSED BY DAMAGE/ACT OF GOD
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 6, 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.
7. DEADLINES
All deadlines falling on a weekend or holiday shall be accelerated to the prior business day.
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8. FINANCIAL RESPONSIBILITY
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).
9. PERMITS
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.
(a) 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 D.
16 to the County.
1. Alcohol consumption or open carry outside of the building is strictly prohibited and
shall be treated as contraband.
2. The bar operation is required to reject any over the counter donations of alcohol (ie.
Bottle Club style).
3. The bar operator will "QUARENTINE" the alcohol stock in the prep kitchen and
barricade the open bar. Guests will not have access to the alcohol stock and may only
receive it from a certified bar tender. All alcohol must be stocked and secured no less
than 1 hour prior to receiving guests.
4. The bar will close no later than 1 Ipm or at the bar operator's discretion.
10. STAFF
The County shall have the right 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.
11. PERMITTED ACTIVITIES
Undisclosed or unpermitted activities or hours shall be cause for the Permit 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.
12. ASSIGNMENT
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.
13. VACATION OF PREMISES
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
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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. Furthermore, Applicant 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.
14. RIGHT OF ENTRY
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.
15. IDEMNIFICATION
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, 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.
16. INSURANCE
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
$1,000,000 Each Occurrence Combined
ISO Form CG0001 (including property damage,
Single Limit
personal injury, products / comp. ops. agg., premises,
operations, and blanket contractual liability, and host
liquor liability)
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(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
$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$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:
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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.
I
(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.
(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
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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.
17. FAIRGROUNDS RULES
Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and
Regulations as follows:
a) Permits for groups composed of minors will be issued only to adults who accept responsibility
for supervising them throughout the period of the permit.
b) Security Plan:
(1) Applicant is required to disclose an accurate number of attendees as an express condition
of this License Agreement. Additional attendees in excess of the number disclosed by the
Applicant pursuant to Section A may result in an immediate revocation of the Permit.
(2) The county will determine in its sole discretion the Parks Division Staff and level of
security of sworn law enforcement officers necessary for the Event.
(3) Evidence of contract with Indian River County Sheriff's Office must be provided 30 days
prior to the event.
c) All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in
advance by the Parks Superintendent or his designee.
d) Any signage visible from the road in any county right of way requires a permit from the Code
Enforcement Division prior to placement.
e) 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.
f) Under no circumstances shall any person remove any equipment or other items from the
premises.
g) Control of all volume (music/band/performance), lights, thermostats and other equipment, and
the locking and unlocking of doors is the responsibility of the Parks Division Staff. Staff
should be notified of any special needs of the Applicant.
18. RISK OF LOSS
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.
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19. WAIVER
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.
20. SUBCONSTRACTORS
All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses
for the services provided at the Event.
21. MISCELLANEOUS
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 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 reserves the right to eject any persons reasonably deemed
violent or otherwise dangerous to health, safety and welfare.
(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.
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22. NOTICE
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
550077 th Street
Vero Beach, FL 32967
Email: mzito cr,ircgov.com, cc: lsmith@irc ov.com, svotzi ,ircgov.com, b op well a,ircgov.com
dfleetwood@ircgov.com
Applicant:
Erik Cendejas & Ruviela Viera
10097 Meadows Court,
Fellsmere, F132948
Email: rubii96@aol.com
23. GUARANTEE
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.
The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties, b" and through their authorized representatives'
signat es below, do hereby execute this License Agreement on this a7 day of
bMQ!Y , a®►g .
APPLICANT:
Signature
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