HomeMy WebLinkAbout2021-FG01I icenseTreparation Date: December 14, 2020 License Duration: January 21-24,2021
Organization:. West Palm Beach Antiques Festival, Inc. Contact Name: Bill & Kay Puchstein
733 Athens Court
City/State/Zip Code: Lakeland, Florida 33803
Name.of`Event: Vero Beach Antique Extravaganza
Load-ln.Date/Time: January 22, 2021—lam
Phone: 941-697-7475
E -Mail: puchs2@yahoo.com
Expected Attendance: 4000+
Load -Out Date/Time: January 24,2021 —6pm-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
Puclisteiin Promotions (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 led 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, lice"nsure, insurance, permits and all other requirements pursuant to federal, state and local
laws, statutes, ordinances, rules and regulations, necessary to conductany 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,andoonsunption 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 inc 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, PRENIISES: & EVENT SCHEDULE:
1. Thus 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
Faargrocense Agreement Page I of 11
InitJals'
I. Facilities (See Exhibit A)
a.
RI Acreage
oO-5
oll-40
o 41+
b.
0 Fleetwood Expo Center
C.
RI Expo Open Air Pavilion
I
o Agricultural Pavilion
e.
ii Entertainment Building
f
13 Cook Shed
9.
o RV' Hook-up
H.
o Amenities
13 Large Bleachers
* Small Bleachers
* Small Stage
1i Stage Risers #(1-6)
• Trans -Stage o without canopy
• 10X20 Tent -4
• Light Towers
El Picnic Tables - Qty. 10
• Hoses/sprinklers
• Serving Carts
c3 with canopy
VI 50, Tables (30"X96) w/chairs# 30 o Chairs only
0 Marquee # weeks 2
0: Internet Access
21 Golf Carts #2
0 Fire Extinguishers # 10
o Midway Electric
(the "Premises!), which Applicant acknowledges to be sufficient, as is, for its intended,purpose
and/or use, contemplated hereunder.
Ill. Personnel
0 Parks Division Staff
IV. Permits
0. Fairgrounds Use Permit
u Alcohol Permit
I Applicant may use and have access to the Premises sforaperiod,co mencingat7am,onthe2lst
day of January, 2021 and ending at 11:59pm on the 20 day of January, 2021, ("License
Durption!'), 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, limited not to standard hourly/daily rates and
any overage fees as set forth in the
Fairgrounds Fee Schedule attached as Exhibit B ("Fee Schedule").
Fair
grpy kenseAgreemwt Page 2 of 11
SpW
rr to � and �r
,.To uogoaatP s,luuotjddV lu sastutaaa age uo ssaglo ao �saatuao iad ao ssoligtgxo `sluelsaluoo
°saauSlsse "Slolo woo `saasuaotl' `saaltnut `soaSoldtua s�lueogddV jo lueatlddV ,iq
pasnEo aaglagnn duan aq Inoz llnsaa oaatput io �jjaaaip lmp spunoa8ipj aqt ol." salt utep
jo :juamweldw ao xtudaa jo sTsoo �ue is=,St pue `utaiatl paquosop sjlaom�ud luonbttrlap
sotpue so&ugo `sosuodxo `woo `saql lsu!u�u pogddg oq Ile,qs;tsodaQ a Q o
°luang ag} oI Ioud sAup o£ uegl JOW1 ou palltutgns oq llugs OO'OOSS jo lisodaQ agtuie(IV (q)
•q• I•g ut,paquo"sap, su;uang agljo uosnlouoo
aglo sfi3p ssautsnq (S) an'g uiglrnA anp aq ITags uotlnoaxa jo aultl aql luuauraaiV
sigl ut papnlou lou saaj zo saSiegaluluaptoin Rud►" duan agl.ol loud scup (0£)jnt anp
aq jugs ivautaaa v asuao!,I siip ut'paquosap saaj iaglo ao saSaugo `sasuadxa R ftpnjout
°sluawAlad'Summmal Auu pue anoqu glTod las 031 I%uaa aql jo oouuluq oxLL •IuotwojgV`
asuaotZ st pjo uotlnoaxa uodn anp, s ( podaQ Huang„} £S'OZZZ$ `aai"Ruaa`a�1uo Otp o
(a/05Z) luowad Ht1Id-AjM_gM.Ljo umunutua V •olnpogog oaa pogmuu oql uo suotlBinglEo
acp uo poseq luop ma, asueotZ. jo pua aql lB popuooaa aq of lugotlddV ovRjo lsonbax aip
pasodu t sagingo Iuuot}tppe Niue snid (xu; sapni ut gatgAi) ,OI!Z88`8S oq,lpm aaj IMUO2I (u)
c :sums Su!molloj,agl
sasiutazd aql jo asn agl aoj soxinptt sasuodxa °slsoo luai so 14unoo aql of Aud of soaife juoa idd� •Z
sjetltuY slue otTddV 61-ptnoD uo pasuq
luluax alll of loud pa3lonaa aq AbuIuautaaaSy asuaoi7 sHa ;nsoaln ou3l09" JuuoilMV (J)
'Li 'S In glzo las sluauiailnbaa aouumsut agljo uonuol pour u iIt jnsaa,Auut 69uego
tjons •uotleanQ asuaoiZ agl jo BuriutSaq" aql-ol zoud snip 06seaj 1u pattugns st }sanhar.
Bons su Suoi os pa iulap 10'Pauo.41puoo `pioWyA Siq uosmm aq, lou lnq 4!j!giajmAv of
loafgns aq 1 qs -juAoiddu goWa .luno aql Aq uoAlg'puu juuotlddV Xq Sugut paasanbaa
si iunoaddu ualltaen aoud ssalun `joAooslugm osodind aaglo'ou joj.pasn oq hugs luang ails (a)
i'ZOZ `t7Z Amnuor'Iu*S'uo Iu46s:I I-uidt,uzoj aq ids
ino puol pue umop.auas 'UwL W `IZOZ `IZ Aalmuuf `Aupsangs uo uoaq dugs smog ut. peoj (P)
•�fup gaua pa�loo sI J! Iqmi pauado st gutpt!nq aql auitl aig uzog patdnaoo.
paaaptsuoo sl 141raej a�.� I, mopuipouooai Juana Isod oT ' Ruunp patUtlaai aq Hugs asn ut.
saBuaano Almog Ruy•smoq g£ jo ls3lol7aaoj futppnq odxg ara ol. ssoom omiT Arm lueotjdd� (o)
•uotlumQ asuaotZ
aql JOJ saaou 01-9 agl pue uotilnud adxg aV eq �ulueoijddd •t
.n
`OZOZ `9Z AJuhtmf ` tPU�S Pug.Iuds-M6 `OZOZ
`SZ XIunuof `XnP•u4gS °mdS-ZI `OZOZ `t�Z Amnuef `R.spu3 :oq Bugs luang aql Jo s not -arts (q)
aaj Sut41ga •nt
•Aup atll uo gutpuadap SI$ -8$ MO4 otlgnd aql aoJ aa3 RaluH •itt.
SIOpuan pool S-{, •u
•saopuan astpuugomui OOI *xojddV 't
:satltntlon'Suj molloj ail apnlout dour luanH ags {n}
•nnogs anbt}ue oilgnd pasugJopuan 7a
`(«Tuan'd„ aIp) BzuuSunualxH anbuuV goeag oaaA aql aoJ lu7a3!lddV Rq pasn oq oI aae sasiulmd Orly • I
SNOIZI(Moj 28 SL1RIg.L `5lSfl (JaZRIOELUIV II
invitation. The County's use of the Damage Deposit or any other sum described herein -shall
in no way constitute a waiver of any other right the County may have at law or. equity. The
Damage. -Deposit, to the extent unused, shall be returned to Applicant within thirty (30)
business days following the Everit.
I 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
agenciesnt associated with this Eve(i.e., stagehands,. sound/light companies, ushers).
4 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 obtainthe necessary fairgrounds use permit.
and alcohol permit, which,collectiyely 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.
5: The _County shall have the right, after coordination with the Applicant's authorized representative,
,toAeternune in its sole'discretion the,level of County staffnecessary to service the facilities during
the_.License Duration. Applicant shall be responsible for alladditional costs for County staff and
Applicant may request additional siaff:as needed.
6., Applicant's failure to make any of the payments required hereunder ina 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 anypayment due hereunder shall'be.reimbursed by Applicant.
7, Undisclosed or un
permitted activities or hours shall be causefor this License Agreement .to be
voidable by the County at any time during the License. Duration. Undisclosed and unperniitted
activiies.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
thils License Agreement.
8. Applicant shall not assign, this License Agreement or any nghts hereunder or sublet the Premises
without the express prior written consent of the Assistant County 'Administrator or his/her
designee.
9. 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 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 thesame,_ andCounty shall not be liable for any
damage -or loss to such goods, wares,. merchandise, or otherproperty which maybe. sustained either
by reason of such removal or of the place to which it maybe removed. Applicant hereby expressly
releases County from any atid' 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
Fai grog& JL,icense Agreement Page 4.0t Il
biukls
damages by third parties having interests in such goods, wares, merchandise and property,
including costs and attorney's fees.
10. 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.the1icense Duration. Additionally, Applicant:
(a) assumes all costs arising from the use of patented, trademarked or copyrighted materials,
equipment, devices, processes, or dramatic rights usedon or incorporated in the "conduct of
the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's
expense from all suits, actions, proceedings, damages; costs and expenses in law or equity,,
including attorney's fees, for or on account of any patented, trademarked or copyrighted
materials; equipment, devices, processes or, dramatic rights furnished or used by Applicant
or its employees, invitees, licensees, contractors, assignees, performers, contestants and
exhibitors, in connection herewith.
(b) shall,not alter landscaping, fencing or any permanent structure nor shall there be any
obstruction to ingress and egress to and from the Premises without the express: written
consent by the County.
(c) acknowledges that the County shall have the sole right to collect and have the custody of
articles left at the'Premises by persons attending any Evert 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.
Fairgrounds,Liceme Agreement Page S of 11
Initials.
1:1. 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.
.12. 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'.011tr
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).,agaipst all liability, claims for,damages,.and suits for or by reason ofany injuryto. 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 andclean up, sanitation and maintenance
costs and expenses that are required to preserve public order and protect public health, welfare and
safety on.the P remises of the.Event.
13. At-Jeast, 30 days prior to the License. Duration, the Applicant shall, without limiting Applicant's
liability submit certificates, of insurance naming "Indian River, County, FU as additional insured
and shall:
Proqure.:and maintain at Applicant's sole expense, insurance of the types, coverages and amounts
not, less than stated below:
Schedule
Commercial. General Liability
ability — 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)
Limits
$1, '0001,000 Each Occurrence Combined
Single Limit
(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..
specificallyapplicable the automobiles):
Automobile Liability (all automobiles -owned, hired or $500,060 Combined Single Limit
;n I on-nowned)
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
Fak roounds.-IleenseAgreement Page 6 of ll
Initials
OD,
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 nummurn limits of coverage:
Workers Compensation FloridaStatutory Coverage
Including coverage fbr any appropriate Federal Acts
(e.g. Longshore and Harbor Workers Compensation Act,
33 USC §§ 901-952. and the Jones Act, 46 USC,§§ 688
etseq.) 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
$ 1.00,000 Each Employee/Disease
In'the.event that any services or activities of a professional nature are provided, and Risk Management
determines the coverage is
necessary, pursuant to (k) below:
'Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim.
In,the:event that children will, be supervised in connection, with the. Event and Risk Management
determines thecoverage, is necessary, pursuant to (k) below:
&xual Molestation Liability
$1,000,000 Each Occurrence/Claim
In the went alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise
allowed at the Event, the entity servingor selling the alcoholic beverages must have the following
Mg
coverage:
Liquor Liability
$1,000,000 Combined Single Limit
(b) Participants — Except as set fbith 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
insurance
will not require contribution from any insurance or self-ins4, ance, 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.
Fahvvup,ds-L. enseAgreenient Page 7 of. I I
InNak
YXE
{e) Additional Insured — The Applicant's insurance, except workers' compensation and any
additional coverages where itis unavailable, will name .the Board of County Commissioners of
Indian 'River County and County's members, off cials, officers, employees -grid agents, as
additional insureds under all insurance coverages:regWred 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 - Notwithstandinganything 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 6r,termination of particular policies:
for insurance .coverages..
(h) Sovereign Entities — State and federal agencies eligible, fop 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: companythat is: declared
as an approved`Surplus Eines 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 includingthe;
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 theApplicant'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, inamounts 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.
14. Applicants seeking a permit for the sale and consumption of alcoholic'beverages per section
265.09 -of the Indian River County Code of Ordinances shall submit the purveyor's name no less
Faargroir/LicenseAgreeent Page 8 of Il'
Initials
than 45 days prior to the Event.to the County. At least 30 days prior to the. Event,. the Applicant
hall`submit copies of the alcohol vendor's required state alcoholic beverage licenses, and
insurance certificate in accordance with Section B. 17 to the County.
15. 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. hi,such case,.the rent, taxes, fees, deposits and. anyother 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 bythe.Countyto.remedy Applicant's.defaults-hereunder. Any remedy granted inthis License
Agreement to County shall be .,m addition oto all other remedies available to County in, law or
equity- and not exclusive of such remedies.
16.. 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
equalto 85% of the Event Deposit collected under`°Section.B.41a).
(b) Cancellation.between 90-180,days of 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).
17: 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.
18. 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 0 the Premises for the Event; then this License Agreement shall terminate. Insuch event,
the -County shalt be paid for all items .of expense incurred byit 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
naturaldisasters, acts of public enemies, riots or civil. disturbances, sabotage, strikes and restraints:
imposed`by order of a'governmentat 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, mlfeasance or nonfeasance -by any of
Applicant's directors, officers, employees, contractors; or agents.
19. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and,
Regulations which are attached hereto -as Exhibit.0 and incorporated -by, reference.
FWrgroun woAgreentent page 9 of 11
Indtdads
20., Applicant assumes all risks of damages to and, loss by theft or otherwise,of the fiirnitureapplianc6s
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 fro I in any and all liability for any, such
loss and, agrees to defend, indemnify y and hold County harmless. from all claims and actions for
damages as to such losses, including attorney's fees.
21. County and Applicant retainall 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 App&ant''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.
22. Unless: excused by impracticability or impossibility of perfor mance or other lawful contractual
defense,, any attraction, act or person contracted to appear during the Event as an entertainer shall
appdar,atithe published time orwithin.onehour thereafter. Applicant shall not advertise or permit..
any advertising that a particular performer will appear for the'Event until after a contract for the
performer's appearance has been, executed and a copy thereof has been provided to the County;
otherwise, the -County may terminate thisLicense Agreement and cancel the Event-.
23. 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 siibs
equent 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 IndianRiver County,
Florida.
(:24. least. IQ, days prior to the Event Date, Applicant shall submit proof of application for a "Special ot
Events & TOW Sales Inspection Permit' from the Indian River County Fire Prevention Bureau
,pursuant to Florida Fire. Prevention Code: NFPIA 1, Chapter 25, NFPA 101 & 102 and IRC
Ordinance Section 208.11.
25. All of the Applicant's subcontractors shall have all of the necessary local state and federal licenses
for the services provided at the Event
26.1 All deadlines, falling on a weekend or holiday shall be accelerated ,to the .prior business day.
27... 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:
Page 10 of 11
Initials
Scott..Knauer
Indian River County
Parks and Recreation
51500 77* Street
Vero Beach,, FL 32967
lm.aih. sl,mauer@ircgov.com
Applicant:
BIM Kay Puchstein
MBox 27272
El Jobean
FL 33927-7272
Email; puchs2@yahoo.com
28 -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.
,29. The recitals and WHEREAS clauses are true, accurate and c6rrect, and are hereby incorporated
-herOin by,this reference.
30. Services, Provided by the County:
(a) County reserves the right to determine the adequacy of outside services procured by the,
Application under . Section B,asa. condition of -the Permit':
IN WITNESS WHEREOF, the parties, by and through their authorized representatives'
signatures below, do hereby execute this License Agreement on this day of
1�L_ -
APPLICANT:
B e�YJPL4Ld1'5;Z
Shture
MW
V( --,r il — 0 U3 (VZe,
611, Ir
Printrritic
Print/Title �.j
Faugro kenseAgreement Page II Of -11
Initials