HomeMy WebLinkAbout2021-FG11INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT
License Preparation Date: March S, 2021 License Duration: July 9-10, 2021
Organization: PRIVATE EVENT (Wedding) Contact Name: Macaylah Faulkner
Address: 13600 791h Street N Phone: 772-584-9036
City/State/Zip Code: Fellsmere, FL 32948 E -Mail: macaylahfaulknerfa)yahooxoom
Name -of Event: Faulkner Wedding Expected Attendance: 300
Load -In Dater imp July 9, 2021 2pm-6pm Load -Ont DaterTime: July 10, 2021 llpm-11:591)m
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
Macaylalr,Faulkner (the "Applicant") desires the issuance and/or execution of; a permitlagreement 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
timed 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 acknowledgedby 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. PAIM,PRENUSES & EVENT SCHEDULE:
1. This Indian River County Fairgrounds License Agreement ("License Agreement") applies to all
events for the use oftheFairgrounds. The areas, personnel and facilities of the Fairgrounds which
Applicant may apply for a permit, license, or use hereunder are more particularly described as
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1. Facilities (See Exhibit A)
a. 0 Acreage
El 0-5 1 Day
❑ 6-10
II. a Amenities
❑ Large Bleachers
❑ Small Bleachers
a Small Stage
a Stage Misers #(1-6)
a Trans -Stage o without canopy o with canopy
a 10X20 Tent #
a Light Towers
o Hoses/Sprinklers
d Serving Carts
a Tables (30"X96") w/chairs# a Chairs only #.
a Marquee # weeks
a Internet Access
a Golf Carts #
o Fire Extinguishers #
oMidway Electric
(the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose
and/or use contemplated hereunder.
III. Personnel
Q Parks Division Staff
IV. Permits
El Fairgrounds Use Permit
a Alcohol Permit
2. Applicant may use and have access to the Premises for a period, commencing at2pm, on the 91h
day of July, 2021 and ending at 11:59pm, on the 10th day of July, 2021 ("License Duration' %
which License Duration shall include Event set-up, removal and clean-up. Where the. Applicant-
re
pplicant
requires usage after the stipulated time, Applicant is required to pay additional charges including,
'but.notlimited to standard hourly/dailyrates and any overage fees as set forth in, the Fairgrounds.
Fee Schedule attached as Exhibit B ("Fee Schedule").
Fairgrounds / se Agreement
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Page 2, of 12
o1140
o 41+
b.
RlExpo Center 11 Hours
C.
❑Expo Open Air Pavilion
d.
a Agricultural Pavilion
e.
o Entertainment Building
f.
o Cook Shed
g.
o RV Hook-up
II. a Amenities
❑ Large Bleachers
❑ Small Bleachers
a Small Stage
a Stage Misers #(1-6)
a Trans -Stage o without canopy o with canopy
a 10X20 Tent #
a Light Towers
o Hoses/Sprinklers
d Serving Carts
a Tables (30"X96") w/chairs# a Chairs only #.
a Marquee # weeks
a Internet Access
a Golf Carts #
o Fire Extinguishers #
oMidway Electric
(the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose
and/or use contemplated hereunder.
III. Personnel
Q Parks Division Staff
IV. Permits
El Fairgrounds Use Permit
a Alcohol Permit
2. Applicant may use and have access to the Premises for a period, commencing at2pm, on the 91h
day of July, 2021 and ending at 11:59pm, on the 10th day of July, 2021 ("License Duration' %
which License Duration shall include Event set-up, removal and clean-up. Where the. Applicant-
re
pplicant
requires usage after the stipulated time, Applicant is required to pay additional charges including,
'but.notlimited to standard hourly/dailyrates and any overage fees as set forth in, the Fairgrounds.
Fee Schedule attached as Exhibit B ("Fee Schedule").
Fairgrounds / se Agreement
Die
Page 2, of 12
A. AkITH .)!tIZED 118F. TERMS & CONDITIONS:
The Premisesare.to be used by Applicant for the Faulkner Wedding,(thc "Event").
(a) Event may include the following activities: aria and crafts and home remodel show.
(b) The hours of the Event shall be: July HY", 2021 5:30pin-I Ipin
(c) The Event shall be used for no other purpose whatsoever, unlcss.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
mquest 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 sot forth in B. 17.
(d) Applicant acknowledges that this License Agreement may be revoked prior to the
rental based or C.ov'd-19 issues or needs of the County to utilize the Facility for
Vaccinations. Applicants Initials
2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises
the fohowingsums
(a) Rental. fee will be 51624.13 (including,State TAX), plus any: additional charges imposedat
,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, $406.03 ("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.l .b.
(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
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
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for all charges for all materials, personnel, services and equipment that areprovided 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)�and205.09 (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, parking facilities;
transportation of 11 patrons, adequate medical facilities, adequate security and trafficcontrol.
Applicant"shall be responsibleforall costs associated with such facilities and services.
6. The County shall have the right, aftercoordination with the Applicant's authorized representative,
todetermine in its sole discretion the level of Countystaffnecessary to service the facilities during
the License Duration. Applicant shall be responsible for all additional, costs for County staff and
Applicant may request additional staffas 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 thin 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.
S. Applicant,(including-all artists, performers,.entertainers, sound technicians, -employees, and
subcontractors of Applicant; and any other participating in the production of the Event) shall
complyand ensure compliance with"the following during the Event:
(a) The hours of event production and,sound checks utilizing amplified sound in theFairgrounds,
are restricted to;
i. Sunday' thru Thursdays from 10 00am-C;00pm with a minimum of one thirty (38)
minute intermission.
ii. Fridays and Saturdays from 10am-10:59pm with a minimum of one thirty (30)rninute
intermission.
(b) The'starting hours listed above maybe 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 Sta$e Configuration Map and Site Plan no.less than
f fteen(I.5) days prior to the:Event.
(d)Sound attenuation blankets or sound walls may be"required to be erected at the rear of any
temporary stages. Such temporary stage installations shall be installed in:such.a manner so
as:to minimize the noise impact on surrounding residential properties.
(e) Applicant shall obtain stage inspection, documentation and certification in accordance with
industry standard. Applicant"shall provide.copi"es of'documentationref'lecting 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 IEvent. 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 s mutually agreeable time. Failure to. timely,inspect the
Stage by the County shall not preclude Applicant"from proceeding with the Event."
Fairgro Agrecmad
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9. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be
voidable; by the County at anytime, during the License Duration. Undisclosed and unPermitfed
activities sball 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,Ageement.
1.0. Applicant shall not assign this License Agreement or any rights hereunder or sublet thePrernises
without the express prior written consent of the. Assistant -County Administrator, or his/her
designee.
I L 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 ofthe.Fairgrounds, at the expense of Applicant, all goods, wares,
merchandise. andproperty. . of any and ail 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, merchandiseor other property which may be sustained either
by reason of such removal.or of the place to which it mayberemoved. Applicant hereby expressly
releasesCounty 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: (1) 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.
1`aws„statutes. rules; regulations and ordinances; (iii), use the Premises solely for the purposes
provided above; (w) 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 alt, necessary trash or waste removal, as the same shall be found at the beg"ening
of the License Duration. Additionally„ Applicant:
(a), assumes all costs arising ;from the use of patented, trademarked or copyrighted; materials,
equipment,, devices, processes, or dramatic rights,used on or incorporated in the conduct of
the Event:, Applicant shall defend, indemnify and hold County, ant"
harmless at Applics
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 bythe County.
P'rurgror+n , Agrdanent
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(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 withthe 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;exRenses that are required,to preserve public order and protect public health, welfare and
safety on Ithe Premises of the Event.
15. At least 30 days prior to the. License Duration, the Applicant shall, without limiting_ Applicant's
liability submit certificates of insurance naming "Indian River County, FL" as additional insured
and shalt:
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 CG000L(including property damage,
$1,000,000 Each Occurrence Combined
Single Limit
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personal: injury, products / comp. ops. agg., premises,
operations, and blanket contractual liability, and host
liquor liability)
(The County and County's members, officials, officers, employees.and agents, shall:be named as
additional insureds under all of the above Commercial. General Liability coverage).
Irn.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 cavy 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-
Applicarcf's;ontractors or subcontractors engaged in work for the Event have -the appropriate workers'
compensation coverage. Such evidence will include evidence of workers' compensation benefits and,
employe?s liability insurance for the.following minimum limits.ofcoverage:
Workers Compensation
,Florida. Statutory`Covemg,e
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_ ovoccurrences covered by Federal statutes.
Employer'sLiabilty
$100,000 Each. .,Accident
$500,000 Disease Policy Limit
$100 000,Each Employee/Disease
In the,event that any. services or activities of a professional nature are provided, and Risk Management
determines the;coverage is necessary, pursuant to (k) below:
(Professional. Liability (Errors and Omissions) 1$1,000,000 Each Occurrence/Claim
1h,the:event that;children will be supervised in connection with the Event and Risk Management
determines the coverage is necessary, pursuant to:(k) below:
Sexual Molestation Liability $1,000,000 Each Occurrence/Claim
FaoVoan,ds License agraement Page 7 of 12
lntials`
In the.event alcoholic beverages, including beer and wine, willbe served, sold, consumed or otherwise
allowe&-at the Event, theentity serving, or selling the alcoholic beverages must have the following
coverage:
I.Liquor"Liability 1$"1,000,000 Combined Single Limit I
(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,
off "cials,. officers, employees and agents..
(c), Primary apd Non, -Contributory- The Applicant's insurance will apply on a primarybasis and
will 016t 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, offcers,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.
(B) Duration — Notwithstanding anything to the contrary, the Applicant's liabilitiestntended„ to.be
covered by the insurance coverage(s). required under this section shall survive and not be..
terminated, reduced or otherwise limited by any expiration or termination of particular policies
for insurance "coverages.
(h) Soyereign. 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 writtenby 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
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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. seekinga 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 theEventto the County. At least 30 days prior to theEvent, 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
condit onsJoclud ng.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 considereda 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.
1+8. 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 0.4.(a).
(b)'Cancellation between 90-1 80days of the first date of License Duration will receive a
refund equal to 50'/a of the Event Deposit collected under Section 13.4.(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.
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-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,ofthe Premises for the Event, then this License Agreement shallterminate. ,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, sha11 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 govemmental agency or court. Causes or events within Applicant's control,
-and thus,not falling within this Section 12, shall'. include, without limitation, Applicants financial
inabilityto perfonn 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 heretaas Exhibit C.and incorporated by reference.
22...Applicant assumes all risks ofdamages_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 Ahy such
loss. and agrees to defend, indemnify and hold -County harmless from all claims and actions.fdr
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.,
29: Unless excused :by impracticability or- impossibility of performance or other lawful contractual
:defense, any attraction, act, or person contracxed.to appear during the Event as -an entertainer shall,
appear. at the published time or within one hour thereafter. Applicant shall not advertise or permit
any advertising that a particular performer will appear for the Event until after a contract for the
performer's appearance has been executed and a copy thereof has been provided to;the County
otherwise, the County may terminate this License Agreement and cancel the Event.
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 thesame, 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 govemed by the laws of the State, of Florida, and
venue for the resolution of disputes_. hereunder shall ber in a court of law in Indian River County,
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X At least 30 -days prior to the Event Date, Applicant shall submit proof of application fora "Special
:Events & Tent Sales inspection Permit" from the Indian River County Fire Prevention Bureau
pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NEPA 10:1 & 102 -and IRC.
"Ordinance" SecOon.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.,A11 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, t6the following:
Scott,Knauer, "Fairground Manager
indian.River:County
Parks Division
5500 771i Street
VervBeach, FL 32967
Email: slrn_auer@ircgov.com
Applicant:
Macaylah Faulkner
13600 79th Street.N Fellsmere,FL 32948
(772) 584-9036
macglighfaulknerO.yahoo.com
30."Applcant: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.
Services .Providedby 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.
Faitgrotr>s icoase.►reencnir
/,4tw* s
Date
Pog►eJI of, Z2
IN WITNESS WHEREOF, the parties, by and through their authorized representatives'
;signatures below, do hereby execute this License Agreement on this 2 55 day of
VVI Cu'CA
APPLICANT:
M aC" + a i 1r F-a-alk-o-e.r
Type/Print Name
Title
Fairgtor+ads icerrttAg�mnerrt
Date.
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By
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