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Home My WebLink About2018-175INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: August 31, 2018 Organization: Stellar Entertainment Address: 32 South Palm Avenue #1 City/State/Zip Code: Sarasota, FL 34236 Name of Event: Garden Brothers Circus Load -In Date/Time: 10/08/18 Sam License Duration: October 8, 2018 Contact Name: Jim Davis Phone: 941-343-2378 E -Mail: jim@gardenbroscircus.com Expected Attendance: 800 Load -Out Date/Time: 10/08/18 11:59pm 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 Stellar Entertainment, 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: 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 which Applicant may apply for a permit, license, or use hereunder are more particularly described as Fairgrou L' nse Agreement Page I of 12 Initials Date: August 31, 2018 I. Facilities (See Exhibit A) a. 0 Acreage 210-5 I1. ❑ Amenities ❑ Large Bleachers ❑ Small Bleachers ❑ Small Stage ❑ Stage Risers #(1-6) ❑ Trans -Stage ❑ without canopy ❑ with canopy ❑ 10X20 Tent # ❑ Light Towers ❑ Picnic Tables ❑ Hoses/Sprinklers ❑ Serving Carts ❑ Tables (30"X96") w/chairs# Q Marquee # weeks 1_ ❑ Internet Access ❑ Golf Carts # ❑ Expo Pavilion Curtains ❑ Fire Extinguishers # ❑Midway Electric ❑ Chairs only #. (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. I1I. Personnel 0 Parks Division Staff IV. Permits QFairgrounds Use Permit ❑ Alcohol Permit 2. Applicant may use and have access to the Premises for a period, commencing at Sam on October 8, 2018, and ending at 11:59pm on October 8, 2018, ("License Duration"), which 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 Fairgrou ice a Agreement Page 2 of 12 Initials Date. August 31, 2018 ❑ 6-10 ❑ 11-40 ❑ 41+ b. ❑ Expo Center C. Q Expo Open Air Pavilion d. ❑ Agricultural Pavilion e. ❑ Entertainment Building f. ❑ Cook Shed g. ❑ RV Hook-up I1. ❑ Amenities ❑ Large Bleachers ❑ Small Bleachers ❑ Small Stage ❑ Stage Risers #(1-6) ❑ Trans -Stage ❑ without canopy ❑ with canopy ❑ 10X20 Tent # ❑ Light Towers ❑ Picnic Tables ❑ Hoses/Sprinklers ❑ Serving Carts ❑ Tables (30"X96") w/chairs# Q Marquee # weeks 1_ ❑ Internet Access ❑ Golf Carts # ❑ Expo Pavilion Curtains ❑ Fire Extinguishers # ❑Midway Electric ❑ Chairs only #. (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. I1I. Personnel 0 Parks Division Staff IV. Permits QFairgrounds Use Permit ❑ Alcohol Permit 2. Applicant may use and have access to the Premises for a period, commencing at Sam on October 8, 2018, and ending at 11:59pm on October 8, 2018, ("License Duration"), which 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 Fairgrou ice a Agreement Page 2 of 12 Initials Date. August 31, 2018 B. AUTHORIZED USE, TERMS & CONDITIONS: The Premises are to be used by Applicant for the Garden Bros Circus (the "Event"), involvine three circus themed performances with tigers camels ponies, and lions. Applicant uses "Danzerous 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 animals on site. 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 a be County's Initials Applicant's Inti (a) The Event may include the following activit# circus show, performance acts with animals and motorcycle act. (b) The hours of the Event shall be: 1:00pm. 3:30pm & 6:00pm on October 8 201$ (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 $667.50, 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, $166.88 (`'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. Lb. (b) A Damage Deposit of $500.00 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 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 Fai rise Agreement 111iti Page 3 of 12 Date: August 31, 2018 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 10:00am-6:OOpm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from 10am-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 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. Fat group s icense Agreement Page 4 of 12 Initials Date. August 31, 2018 (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 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 Fairgro s i e Agreement Page 5 of 12 Initials Date: August 31, 2018 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, 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. Fairgrou ds i nse Agreement Page 6 of 12 Initials Date. August 31, 2018 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 ISO Form CG0001 (including property damage, personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) $3,000,000 General Aggregate/ $1,000,000 Each Occurrence (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 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 Florida Statutory Coverage $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease Fairgroun s c e Agreement Page 7 of 12 Initials Date: August 31, 2018 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$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 followiniz coverage: Liquor Liability 1i $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. Fafrgrou ds is Agreement Page 8 of 12 Initials Date: August 31, 2018 (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 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. Fairgrou Vense Agreement Page 9 of 12 Initials Date: August 31, 2018 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. 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 Fairgro n ' ense Agreement Page 10 of 12 Initials Date. August 31, 2018 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 77`h Street Vero Beach, FL 32967 Email: mzito@irc og v.com, cc: dfleetwood@ircgov.com, bpowell@irc og v.com, lsmithgirc ov.com , sknauer@ircgov.com Applicant: Jim Davis 32 South Palm Ave. #1 Sarasota, FL 34236 Email: jim@gardenbroscircus.com 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. Fairgrou ense Agreement Page 11 of 12 Initial Date: August 31, 2018 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 a orized representatives' signatures below, do hereby execute this License Agreement on this l day of KRIsrlrusucAoo ��c c* Mr COMMISSION # 014460 a � r EXPIRES: July 211,. 2020 � TOF•F'��ao Bonded rnu Budget Notary Sen ices A I'm PPLICA INDIAN RIVER COUNTY: By -01 A D is Fairgrounds License Agreement Page 12 of 12 Initials Date. August 31, 2018 EXHIBIT B - Fairgrounds License Agreement Fees - Nonprofit Garden Bros Circus - October 8, 2018 Dates Acreage 0-5 Acres 6-10 Acres 11-40 Acres 41+ Acres Facility Hourly Rates Expo Center Facility Daily Rates Expo Open Air Pavilion Agricultural Pavilion Entertainment Bldg. Concession Bldg. Ammenities per Event Small Stage Tables Chairs Hoses/Sprinklers Light Carts Internet Access Tent 10x20 Picnic Tables Stage Risers Serving Carts Ammenities per day Small Bleachers (I st Day) Small Bleachers Addl. Days Large Bleachers (1 st Day) Large Bleachers Addl. Days $175.00 x $75.00 x Stage with Canopy (1 st Day) $800.00 x Days $150.00 x Total $ 125.00 X 1 = $ 125.00 $ 150.00 X = $ - $ 275.00 X = $ - $ 525.00 X = $ - Hours $85.00 x = $ - Days $400.00 x 1 = $ 400.00 $300.00 x = $ - $100.00 x = $ - $100.00 x = $ - QTY $50.00 x = $ - $8.00 x = $ - $0.50 x = $ - $20.00 x = $ - $90.00 x = $ - $100.00 x = $ - $200.00 x = $ - $10.00 x = $ - $20.00 x = $ - $20.00 x = $ - QTY Per Day $50.00 x x = $ $25.00 x x = $ $175.00 x $75.00 x Stage with Canopy (1 st Day) $800.00 x Stage with Canopy Addl. Days $150.00 x Stage without Canopy (1st Day) $300.00 x Stage without Canopy Addl. Days $150.00 x Fire Extinguisher $10.00 x Golf Carts $70.00 x Golf Cart - 8 Passenger $100.00 x Electric $75.00 x EXHIBIT B - Fairgrounds License Agreement Fees - Nonprofit Ammenities per week Marquee (1st Week) $100.00 x 1 x 1 = $ Marquee Addl. Weeks $50.00 x x = $ Marquee Per Day $20.00 x x = $ FACILITY EXCLUSION $250.00 x ALCOHOL PERMIT FEE $400.00 x Subtotal + Tax: $ 667.50 Days Total SUBTOTAL: = $ 6.8% TAX: = $ DAMAGE DEPOSIT: = $ TOTAL: = $ PAYMENTS Check No. Date 101100 9/19/2018 25% DEPOSIT: = $ 100.00 625.00 42.50 500.00 1,595.50 166.88 Amount $ 1,595.00 Balance Due: $ 0.50 POST EVENT RECONCILIATION CHARGES Staff # Hours Staff $25.00 x 2 x 8 = $ 400.00 TAX: _ $ 28.00 STAFF TOTAL: = $ 428.00 Date Quote Provided: Quote Provided By: ***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 Sheriffs 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. Fairquicense Agreement Page I of 3 Initi rev. 81 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. F are $15.00 plus 11% tax for a total of $16.65 each for all dry camping. Fai nds i e Agreement Page 2 of 3 Inififats 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 Staff @ 772-589-9223 and camping fees will be collected separately. 16. Reservations are not accepted for campsites. Fairgr un License Agreement Page 3 of 3 Initial rev. 81 (7C IcJ 1Ikf�iL//ai ;01,i Ct Page 1 of 2 EXHIBIT "D" Use of Dangerous Wild Animals The County of Indian River, Florida, has approved on(q a schedule of requirements that apply to exhibition, sets, displays, or any other permit th i olves 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. 2. 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. Fairgroun s icer Agreement — Exhibit D Page 1 of 2 Initials L1(-CU5 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. Fairgro d Agreement — Exhibit D Page 2 of 2 Initial �ti ACOR D® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 08/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Specialty Insurance, LTD PO Box 16901, 430 Kelsey Ave Ste 1 L West Haven CT 06516 CONTACT Tom Plouffe PHONE FAX .203-931-7095 (A/C.No): 203-931-0682 E-MAINo,L ADDRESS: certificates@specialtyinsuranceltd.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Certain Underwriters @ Lloyds of London 15792 INSURED Stellar Entertainment Group, Inc INSURER B: Liberty Mutual Workers Compensation Co. 23043 EACH OCCURRENCE $ 1,000,000 32 South Palm Ave Suite 1 INSURERC: INSURER D: Sarasota FL 34236 INSURER E: INSURER F: PREMISES Ea occurrence $ 300,000 COVERAGES CERTIFICATE NUMBER: 20180827093857848 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLISUBRIPTYPE IVSD VfVD POLICY NUMBER EFF MM D/YYYY C Y EXP MMIDY D/YVYV LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR PREMISES Ea occurrence $ 300,000 MED EXP (Anyoneperson) $ 5,000 A Y Y CC/16-0047 12/22/2017 12/22/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY ❑ PRO F LOC JECT PRODUCTS - COMP/OP AGG $ 5,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNEDSCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 A X EXCESSLIA13 CLAIMS -MADE Y Y CE/17-0071 12/22/2017 12/22/2018 DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABIlUTV Y/ N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N/A N WC5-39S-383278-017 12/01/2017 12/01/2018 PER STATUTE ERTH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 It yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached I1 more space Is required) Fairgrounds AG Pavilion and their respective members, directors, officers, employees and agents; And the City of Vero Beach and Indian River County are added as additional insured but only with the respects to the operations of the named insured during the policy period. Event Date: October 8, 2018 Location: Fairgrounds AG Pavilion r`FRTIFIr`ATP Hrl1 r1FR CANCFLLATION U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Fairgrounds AG Pavilion THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7955 58th Ave Vero Beach FL 32967 AUTHORIZED REPRESENTATIVE U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 2 EXYHRIT "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 zeasonably 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. 2. 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. 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. 0 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 properly 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 timelv fashion including names and contact information of �irCUS �a S available on-call veterinarians, if none are present on-site. Faagm se Agreement — Exhibit D Page 1 of 2 Ini C�(C'kk5 Pnes 313 a. Designated employees are trained by Animal Trainer Jorge Pages on the appropriate measures to take if a wild animal were to escape. This training takes place both at our home base during off season and on the road with periodic safety drills. In the event of an escape, all patrons and non essential employees will be escorted to the nearest safest exit, and the animal contained in the immediate surroundings. Every effort will be made to subdue the animal by natural means and to return them to their confinement. In the event that more force is needed to control the situation Jorge Pages will administer a tranquilizer to the animal via a safe -dart method. Animal personnel will manage the scene and recover any subdued animal to contained safety. . ' b. Our cats are caged and transported in 8ft long,7ft wide and Sft high steel cages directly to the 12ft height show cage ring. Elephants are contained in their resting areas with an electric fence and if needed ankle chains. c. Our 22 ga Marlin dart rifle and Rompun tranquilizer darts are kept in the lighting station for quick action in the event of an anin}al emergency. d. Jorge Pages of Myakka City Florida will pos&es the firearm and Chemical immobilizptipil proficiency to recapture an escaped wild animal. USDA # 58-C-0440 Circus Pages 1/01/18 To 12/31/2018 Number Animals Name/ or ID Number Species Age / Sex Number Young Age / Sex Number Adult Date Mo/Day/ Year From 1 Sinbad Camel A M 10-11-10 5- H Ranch Cape Girardeau, MO 1 Sinatra Camel A M 10-11-10 5 - H - Ranch Cape Giradeau Mo 1 Samuria Camel A M 10/10/\rs 5 - H Ranch Cape Girardeau 1 Sammy Camel A M 11-15-\ Show Me Safari Missouri Lola White Tiger A F 11-29-\-\--) Marcan Tigers Ponce De Leon 1 Kenya White Tiger A F 3-17-08 Great Cat Adventures Halton Texas 1 Achilles White Lion A M 5-12-08 Mafunyane Game Farm Brits South Africa 1 Haven White Lion A F 09/07/12 Circus Pages Myakka Cit Fla 1 Kiiara White Lion A F 06/09/13 Circus Pages Myakka City Fla 1 Nala White Lion A F 6/9/2013 Circus Pages Myakka City Fla PO Box 303 Myakka City FL, 34251 �V ADAM H. PUTNAM COMMISSIONER k Florida Department of Agriculture and Consumer Services Division of Animal Industry Bureau of Animal Disease Control OFFICIAL CERTIFICATE OF VETERINARY INSPECTION Chapter 585, F.S. 5C-24.003, F.A.C. N 0. _5B D Name & Address of ConsignonShipper Name & Mail;. -Ig Address of ConsigneeiPurchaser Note: All documents and attachments submitted with this request are subject to public review pursuant to Chapter 119, F.S. SPECIES ❑ Cattle ❑ Sheep ❑ Swine ❑ Horscs ❑ Poultry ❑ Other AREA STATUS ❑ Accredited Free (TB) ❑ Class Free (Bruc) ❑ Class A (Bruc) ❑ Class B (Bruc) ❑ Class C (Bruc) HERD OR FLOCK STATUS ❑ Accredited Herd ❑ Certified Herd ❑ Validated Herd ❑ Qualified Neg. Herd QUALIFYING ; A. TEST DATES C. No. No. No. No. B. D. CARRIER ❑ Air ❑ Rail 3 Truck ❑ Trail ❑ Vater NAME & ADDRESS - - - VACCINATION STATUS VACCINATED FOR: — ORIGIN OF SHIPMENT COUNTY DATE: - "--" - --�- - PRODUCT, MARKET MARKET PERMIT NUMBER INDIVIDUAL Ai�ITMAL IDENTIFICATION & TESTS TUBERCULIN TEST (INTRADERMAL) BRUCELLOSIS TEST %ACCINATION OTHER TESTS EAR TAG NO. TATTOO OR OTHER PERMANENT IDENTIFICATION L I No. REGISTRY NLTMBER OR DESCRIPTION (ALL ANIMALS PRESENTED FOR TEST MUST BE LISTED) A G E S E x B R n 1 N H s DATE: DATE: DATE TATTOO SYMBOL DArb: R H Laboratory: L T s HOUR: I AR: rNnmo K Loca:;oniOR DATE: HOUR: Test Results Test Results 1 3 4 6 7 8 9 10 11 _ 12 13 -- - 14 14 _ ISSUING I"ETERMARIAN'S CERTIFICATION: I certify, as an &ccr dited veterinarian, that th- ove described an' is Iv: vaccinations & results of tests are as indicatai on the certificate. To the best of my knowledge, tt umals Iiswhv* tis c Printed Name of Veterinarian Veterinarian's Signature cxd by me & that they are not sW%%ing signs of infectious, contagious &'or communicable disease, (except where noted) The d stivatien &federal intetstete roquirements. oto ftuther warranty is made er implied Florida License Number National Accreditation Number Date Owner `Agent Statement: ( When applicable): The animals in this shipment are those certified to & listed on this certificate. State Veterinarian's Office, Division ofAnitnal Industry, 40:' S. Ca:houn St. Room 3:5, 7aPatiassee, Florida 32399.0&00 • Questions: 830.410.0900 • Hwa TO ACCOMPANY S H I P M E N I FDACS - 09000 Rev. 07108 Distribution: White. Canary: State Veterinarian Plnk: Shipment Golklenroj; DVM SN -6000 State Veterinarian's Office, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 • 850-410-0900 • www.FreshFromFlorida.com/ai/ Distribution: White: State Veterinarian Pin : Shipment Goldenrod: DVM TO ACCOMPANY SHIPMENT FDACS-09002 Rev. 11/16 No: Florida Department of Agriculture and Consumer Services EqF . ; Division of Animal Industry Purpose of Movement ;," Bureau of Animal Disease Control ---- ❑Racing Ll Show OFFICIAL EQUINE CERTIFICATE OF VETERINARY INSPECTION ❑Training❑Other ADAM H. PUTNAM 585.08(2), F.S., 5C-4.0016 & 5C-24.003, F.A.C. ❑ Breeding COMMISSIONER cdNSiGN& CONSIGNEE OR DESTINATION DATE OF EXAMINATION' ADDRESS ADDRESS NUMBER OF HORSES EXAMINED CITY/STAT ./ZIP CODE ITY/STATE/ZlP CODE LOCATION O F.. `AM SUBSEQUENT DESCRIPTION: NEGATI'V'E EIA TEST INFORMATION MICROCHIP, MARKINGS, NAME AGF. BREED SEX TEMP COLOR BRANDS, TATTOO NUMBER DATE LAB ACCESSION # NA51E STATE 1. ( 2' c 21 (lRi7 13. 4. f 5. 6. 7. 8. 9. 10. 1 i ISSUING I'ETERINARIAN`S CERTIFICATION: I certify, as a FLORIDA accredited veterinarian, that the above described animals have been inspected be we personally and shat they are not showing signs ofinrectioas, contagious and.ur communicable diseases (except where tinted). The saccinatlons and results of tests are as indicated on this certificate. To (be best of my knowledge, the anhnais listed on this certif.cate meet the state of desOnatinn and federal interstate requirements. No further warranty is made nr implied. PRINTED ADDRESS OF VETERINARIAN MUST INCLUDE GN?T•iiiiE O FL License Number DATE NAME CLINIC NAM4<s;^ O-WNFWAGENTSTATEMENT.- (When Applicable) The Animals in this i - shipment are those certified to and listed on this certificate. ADDRESS `Z� VA1JD FOR 30 DAYS i 011,0 INGG E XA TINATION CITY, STATE, ZIP PRONE #. FAX: SIGNATURE OF ONVNEWAGENT State Veterinarian's Office, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 • 850-410-0900 • www.FreshFromFlorida.com/ai/ Distribution: White: State Veterinarian Pin : Shipment Goldenrod: DVM TO ACCOMPANY SHIPMENT FDACS-09002 Rev. 11/16 To Whom it may concern; Stellar Entertainment Group, Inc does not currently employ anyone that has any felony or misdemeanor charges related to animals. Jim Davis Executive Director Stellar Entertainment Group, Inc. Scott Knauer From: Kristina <kristina@gardenbroscircus.com> Sent: Wednesday, September 19, 2018 4:06 PM To: Scott Knauer Cc: Jim Subject: RE: For Exhibit D Stellar Entertainment Group Inc DBA Garden Bros Circus employees does not have any felonies or misdemeanor charges relating to animals. lCr�st�vi a �saCgado Stellar Entertainment Group Inc PH: 941-343.2378 ext 205 Fax: 941-343-2397 www.Pardenbroscircus. com www facebook.com/GardenBrosCircus/ From: Scott Knauer <sknauer@ircgov.com> Sent: Wednesday, September 19, 2018 3:33 PM To: Kristina <kristina@gardenbroscircus.com> Subject: RE: For Exhibit D Kristina, The paragraph requires that the "applicant," which is Stellar Entertainment, disclose if any employee of Stellar Entertainment has any animal related felonies or misdemeanors. I understand that you do not own or provide any of the animals. A simple statement to the effect that "none of our employees have any felony or misdemeanor charges relating to animals" will be fine. If you do, then you must disclose that information. Thanks, Scott Knauer Indian River County Parks Division 5500 77th Street Vero Beach, FL 32967 772-226-1872 (Office) USDA Cust No Cert No United States Department of Agriculture Customer: 3093 Animal and Plant Health Inspection Service Inspection Date: 28 -JUN -18 Species Inspected Site Site Name Inspection 3093 58-C-0440 TRA CIRCUS PAGES INTERNATIONAL INC 28 -JUN -18 Count Scientific Name 000004 Camelus dromederius 000002 Loxodonta africana 000004 Panthera leo 000002 Panthera tigris 000012 Total Common Name DROMEDARY CAMEL AFRICAN ELEPHANT LION TIGER Page 1 of 1 USDAUnited States Department of Agriculture JKOVACH Animal and Plant Health Inspection Service 2016082569193234 Insp_id Inspection Report Circus Pages International Inc Po Box 303 Myakka City, FL 34251 Customer ID: 3093 Certificate: 58-C-0440 Site: TRA CIRCUS PAGES INTERNATIONAL INC Type: ROUTINE INSPECTION Date: 28 -JUN -2018 No non-compliant items identified during this inspection. This inspection and exit interview were conducted with the license. (This inspection was conducted in Findlay, Ohio). Prepared By: ' • 1 • ' ' A KOVACH JOSEPH, A C I USDA, APHIS, Animal Care Date: 28 -JUN -2018 Title: ANIMAL CARE INSPECTOR 1024 Received By: Date: Title: 28 -JUN -2018 Page 1 of 1 USDAUnited States Department of Agriculture MWILLIAMS Animal and Plant Health Inspection Service 2016082569041457 Insp_id Inspection Report Circus Pages International Inc Po Box 303 Myakka City, FL 34251 No non-compliant items identified during this inspection. Inspection conducted in Canton, GA Customer ID: 3093 Certificate: 58-C-0440 Site: TRA CIRCUS PAGES INTERNATIONAL INC Type: ROUTINE INSPECTION Date: 02 -FEB -2018 This inspection and exit interview were conducted with the Facility Representative. Prepared By:�IIUTAAI_\►11�'�►111[�l:l»A=91/I1V1 WILLIAMS MICHELLE, D V M USDA, APHIS, Animal Care Date: 05 -FEB -2018 Title: VETERINARY MEDICAL OFFICER 2028 Received By: Date: Title: 05 -FEB -2018 Page 1 of 1 USDAUnited States Department of Agriculture LNAVARRO Animal and Plant Health Inspection Service 2016082567982836 Insp_id Inspection Report Circus Pages International Inc Po Box 303 Myakka City, FL 34251 Customer ID: 3093 Certificate: 58-C-0440 Site: 001 CIRCUS PAGES INTERNATIONAL INC Type: ROUTINE INSPECTION Date: 08-NOV-2016 No non-compliant items identified during this inspection. This inspection and exit interview were conducted with The facility representative. Two female African elephants inspected (Daisy and Bambi). Prepared By: Date: LUIS NAVARRO USDA, APHIS, Animal Care 08-NOV-2016 Title: VETERINARY MEDICAL OFFICER 6025 Received By: Date: Title: 08-NOV-2016 Page 1 of 1 USDAUnited States Department of Agriculture ACHAPMAN Animal and Plant Health Inspection Service 2016082567977554 Insp_id Inspection Report Circus Pages International Inc Customer ID: 3093 Po Box 303 Certificate: 58-C-0440 Myakka City, FL 34251 Site: TRA CIRCUS PAGES INTERNATIONAL INC Type: FOCUSED INSPECTION Date: 26 -OCT -2016 This was a focused inspection of the tiger incident at the Pensacola Interstate Fair in Pensacola, FL. No non-compliant items identified during this inspection. This inspection and exit interview were conducted with the authorized person. Prepared By: ANNETTE CHAPMAN USDA, APHIS, Animal Care Date: 26 -OCT -2016 Title: VETERINARY MEDICAL OFFICER 6048 Received By: Date: Title: 26 -OCT -2016 Page 1 of 1 USDAUnited States Department of Agriculture CBONGARD Animal and Plant Health Inspection Service 2016082567924409 Insp_id Inspection Report Circus Pages International Inc Po Box 303 Myakka City, FL 34251 No non-compliant items identified during this inspection. Customer ID: 3093 Certificate: 58-C-0440 Site: TRA CIRCUS PAGES INTERNATIONAL INC Type: ROUTINE INSPECTION Date: 14 -SEP -2016 This inspection and exit interview were conducted with the licensee at the Allegan County Fair in Allegan, MI. Prepared By: CARRIE BONGARD USDA, APHIS, Animal Care Date: 14 -SEP -2016 Title: ANIMAL CARE INSPECTOR 1053 Received By: Date: Title: 14 -SEP -2016 Page 1 of 1 USDA United States Department of Agriculture O Animal and Plant Health Inspection Service inspi 314151048310787 insp_id Inspection Report Circus Pages International Inc Po Box 303 Customer ID: 3093 Myakka City, FL 34251 Certificate: 58-C-0440 Site: 001 CIRCUS PAGES INTERNATIONAL INC Type: ROUTINE INSPECTION Date: Nov -10-2015 No non-compliant items identified during this inspection. Exit interview conducted with facility representative. African elephants inspected, 2 females-Bambi and Daisy. LUIS A NAVARRO, D V M USDA, APHIS, Animal Care Date: Title: VETERINARY MEDICAL OFFICER Inspector 6025 Nov -10-2015 Received By: Title: Pagel of 1 Date: Nov -10-2015 PRODUCED BY CIRCUS PAGES INTERNATIONAL, INC. Post Office Box 303, Myakka City, Florida 34251 • Telephone (941) 322-1675 To whom it may concern, All staff members are trained in recapture, by securing the animal, in a secluded area if possible. They are trained to recapture and replace the animal to its proper holding facility. If this is not possible they are trained to chemically immobilize or destroy the animal. If any animal were to escape we do have a tranquilizer gun at hand and have several staff members trained to use it. We have portable cages that are mobile for all of the lions, and tigers If a cat were to escape we would tranquilize the cat and return the cat to its proper cage. Our elephants are kept in electric fencing or chains and do have room indoors in a semi trailer. We have been in business for 19 years and we have never had any history of any such events. As I stated before, if an animal were to escape we would do our best to recapture the animal humanely. If this were not possible we would have to destroy the animal before any human lives are put to risk. Our animal dept. staff are trained to care, clean, feed, transport, and all other general animal husbandry duties in a safe manner. Jorge Pages, Freida Pages, James Earhart, Yolanda Earhart, Jose Pages, are capable of possessing a firearm and or chemical immobilization gun to recapture an escaped animal. We have xylazine on hand for a chemical dart injection to subdue the animal if it were to escape. Thank you, Yolanda earhart EXHIBIT B: 3.) A. Document is attached and labeled. B. Document is attached and labeled. C. Document is attached and labeled. D. Document is attached and labeled. 7.) Document is attached and labeled. 8.) A. Document is attached and labeled. B. Will and do comply with all federal laws. 9.) We have not had any violations or stipulations with U.S.D.A in the last 5 years. 10.) At the time spectators attend the performance there is a sign on site stating that there are live and dangerous animals on site. Also, prior to each performance, our ringmaster makes an announcement stating the same information. 11.) In case of an emergency, we will contact our primary vet, Bill McGinty and he will provide us with a local vet that will handle the emergency. F1222-42 PAGES SEGRER.4 9925 WAUCHULA RO MYAKKA Cl -%!% FL 3425--'-ZZ-2 DOS 09-04-1963 SEX M . "04-2013 mo: ".9 U-2021 .-!r 7 SAM DMVL R P220 -2-F-2-65-718-0 FsF REM'. PP; AGES 99251NAUCHULA RD M, MYAKKA CITY- FL 3425', MIx B 06-1&-1965 &Ex F Is, SSUED 04-06-2012 m- e';i -19-- ,:PIPES 06 .020 KDORSE, Doe" DRWE R LICENSE CLASS tiF ?220-43997-009 -0 JORGE WILLIAM PAGES 9925 WAUCHULA RD ,XeAKKA CITY. FL 3425170000 -21A 7,,oE3 01-09.1997 s 17;06-2012 la� Mm, 'ie" K wo --.OAQW; KY7 A( -'T U,, sr� �� a.!•r �R i �..r i 14a.r ri +�•� •aha I.F!• .r.■. .! YlY� 11.Yf.n Mif rar■ i.. �. 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Y.YWMF �4 �ti�■ �t.��►'�l��I'R�r��11��R�•'�R!�• . • .i��R��*��r��■. 1�. 3#■• y■■■■■■■■■■■•• ``{■ ■■` ]■r *■/-■`■`�Y� i■■!■Af!■! .�..f wYF r.l.� �1■ `{■■ ..A �i�T '■�...��.�})Y��f{��f (Y�Y j.�llill•1-- 1.11}1R�.1 .11.l fI11Y11f�R11■j aIf. •Ifaj4ila�.��t■*��R. �•1l �t�i� •1.•�Y�•� '!� i .:� 4M #IR• A• !{F iR■■FFi ir�M 7■■ 'fie yl■�. $■ i!� . �1 >m 7•■. i■■�R• - ila*r .~ .. �r i x■*. �A* *{ '� l.l.. rr/. .11.r• Alli i i r..fYl # �r .rrt. !AA! !♦ .YYY.. •� �. �r.a•• APHIS FORN1 7007 (NOV 99) Previous editions are obsolete. ' P cc.r. a.p.l.- ' +.:'oY.. -r..r w.r ' .n.+w ` wfss rr•l! .r.s M.` • , ' • - - ; = • m ! a •.- a L E2 of 1 i ' • s u - -ala i ! T r..l. -:1t:--��°--ifs-- --t - it --• --1 t N 1t�1t�1i, 1�if I -- t =i Florida Department of Agriculture and Cc _ Division of Food Safety MOBILE ANNUAL FOOD PE ADAIA H. PUTNAM Chapter 500, Florida Statutes COMMISSIONER Rule Chapter 5K-4.020 Florida Administra 1 (800) HELP FLA www.FreshFromFlo December 06, 2017 FOOE Ii�lil��llll'IIIIIIII I�II� lI III�II�IIIIIIII�lllllllll'IIt�IIII DECD FERN QUINN GRIFFIN STEL 32 S PALM AVE STE 1 32 S I SARASOTA, FL 34236-5609 SARA Dear Operator, &I do PERMIT# 0 2018 0021 Florida Department of Agriculture and Consumer Services Adam H. Putnam, Commissioner The Annual Food Permit is attached below. The attached permit will expire on December 31st. t: tS 1213A1 This letter is to advise you of changes to the Mobile Vehicle Annual Food Permit effective January 1, 2018. The enclosed decal is required to be securely affixed to your mobile unit in a conspicuous location to indicate you have been inspected and permitted for operation with the Florida Department of Agriculture and Consumer Services. The decal is not a permit The Annual Food Permit is located below. This original permit below is required to be maintained with the mobile vehicle operation at all times. Failure to maintain the permit below and the affixed decal for the mobile vehicle may result in administrative action for violation of 5K-4.020 F.A.C. If there is a change of business owner from that stated on this permit the permit below is not valid. For information to apply for a new food permit, contact the Florida Department of Agriculture and Consumer Services at 1800 -HELP FLA (1-800-435-7352) or visit our website at www.FreshFromFlorida.com The renewal fee for the Food Pert -nit shall be due annually on January 1. It is the responsibility of the business owner to provide any changes to the billing address. If the renewal fee is not paid by the due date, a late fee must be paid in addition to the food permit fee before the Department will issue the food permit. This decal and permit is valid only for the owner and vehicle to which it is issued. Florida Department of Agriculture and Consumer Services Division of Food Safety MOBILE ANNUAL FOOD PERMIT ADA fVI 1 PUTNAM Chapter 500, Florida Statutes COMMISSIONER 1 (800) HELP FLA vrrrvv.Fresh FromFlorida.corn FOOD ENTITY NUMBER: 368369 DECAL NUMBER: 21 LOCATION: OWNER: STELLAR ENTERTAINMENT GROUP QUINN GRIFFIN 32 S PALM AVE STE 1 32 S PALM AVE STE 1 SARASOTA, FL 34236-5609 SARASOTA, FL 34236-5609 i E=XPIRATION DATE: December 31, 2018 Decal must be affixed in a conspicious location and permit maintained with mobile vehicle operation FDACS-14415 Rev 05/17 9119/2018 Detail by Entity Name DIVISION OF CORPORATIONS L) rot !int rttt .Suu� v/'Fdrjrirlu ss ru�rre Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Profit Corporation STELLAR ENTERTAINMENT GROUP INC Filing Information Document Number P1400003368C FEI/EIN Number 46-5381547 Date Filed 04/14/2014 Effective Date 04/15/2014 State FL Status ACTIVE Principal Address 32 S PALM AVE SUITE 1 SARASOTA, FL 34236 Changed: 01/13/2015 Mailing Address 32 S PALM AVE SUITE 1 SARASOTA, FL 34236 Changed: 01/13/2015 Registered Agent Name & Address WHITFIELD, JOHN H, COL 32 S PALM AVE SUITE 1 SARASOTA, FL 34236 Address Changed: 01/13/2015 Officer/Director Detail Name & Address Title P GARDEN, NILES 32 S PALM AVE SARASOTA, FL 34236 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityNarne&di rectionType=Initial&searchNameOrder=STELLARE... 112 9/19/2018 Annual Meports Report Year Filed Date 2016 01/25/2016 2017 01/09/2017 2018 02/21/2018 Document Imaggl 02/21/2018 — ANNUAL REPORT 01/09/2017 -- ANNUAL REPORT 01/25/2016 --ANNUAL REPORT 01/13/2015 -- ANNUAL REPORT 04/14/2014 — Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image In PDF format Detail by Entity Name http://search.sunbiz.org/Inquiry/Corporation Search/SearchResultDetail?inqu irytype=EntityName&directionType=In itial&sea rchNameOrder=STELLARE... 2/2 IST AMENDMENT TO INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT This Amendment to Agreement for Use of Indian River County Fairgrounds is made and entered into this 21st day of September, 2018, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 21st Street, Vero Beach, FL 32960 ("County") and STELLAR ENTERTAINMENT, a Florida for-profit corporation, 32 South palm Avenue, #1, Sarasota, FL 34236 ("Stellar Entertainment"). 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 and Applicant entered into an Agreement effective on September 19,2018; and WHEREAS, the Applicant wishes to add a day for load -in on Sunday, October 7, 2018; Mot WHEREAS, all other conditions of the contract remain in effect and in force during the additional load -in day; and WHEREAS, the purpose of the load -in day is solely for the arrival of performers and other sub -contractors who may also use the RV Camping area at cost paid directly to the County; NOW THEREFORE, for and in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Indian River County and Stellar Entertainment mutually agree as follows: 1. The Agreement shall be amended to include October 7, 2018, as the Load -In Date for the purposes of arrival of performers and other subcontractors associated with the October 8, 2018 event. A. PARK, PREAUSES & EVENT SCHEDULE: 2. Applicant may use and have access to the Premises for a period, commencing at Sam on October 7, 2018, and ending at 11:59pm on October 8, 2018, ("License Duration"), which 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. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: 2. The additional Rental fee will be $668.00, 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. 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. Lb. 3. The attached Fee Schedule includes the For -Profit rates, which is different from the original Fee Schedule which included the Non -Profit Rates. The price difference between the two Fee Schedules is $134.00, which is included in the above amount. All other provisions of the Agreement shall remain in full force and effect. INDIAN RIVER COUNTY By: rin Name.: M&t had Zih) Title: Ag6- Date: 9)a-1 STELLAR RTAINMENT By: Prin]tNamTe:AA Title: (1 -mc. Date: License Preparation Date: August 31, 2018 Organization: Stellar Entertainment Address: 32 South Palm Avenue #1 City/State/Zip Code: Sarasota, FL 34236 Name of Event: Garden Brothers Circus Load In Date/Time: 10/08/18 Sam Cop License Duration: October 8, 2018 Contact Name: Jim Davis Phone: 941-343-2378 E -Mail: jim@gardenbroscircus.com . Expected Attendance: 800 Load -Out Date/Time: 10/08/18 11:59pm WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Fairgrounds, located in Indian River County, Florida, (the "Fairgrounds"); and WHEREAS, the ::County has the authority to issue and/or execute, and Stellar Entertainment. 'a `Florid$ 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 subj ect 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, PRENHSES & EVENT SCHEDULE: 1. This Indian River County Fairgrounds License Agreement ("License Agreement") applies to all events forthe use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds which Applicant may apply for a permit, license, or use hereunder are more particularly described as Fairgrou� L' nseAgreement Page I of 12 Initials Date: August 31, 2018