HomeMy WebLinkAbout2022-FG11INDIAN RIVER COUNTY FAIRGIZ:OUN.1U5 LICE�l51--.a'►("l'ZE:EMENT
License Preparation Date: March 29, 2022
Organization: Latitude -88, Inc.
Address: 4605 Paladin Circle
City/State/Zip Code: Vero Beach, FL 32%7
Name of Event: Octoberfest
Load -In Date/Time: October 20, 2022 7am-7pm
License I hirati m: October 20-'.3.10:::!
Contac, 'Marie: Mike Stric wand
Phone: 866-611-0442
E -Mail: raikeCa�patriotahw✓s.com
Expected ,atteudance: 1,400
Load -Out Date/Time: 0a__oher:!:3 2022 by 11:59pm
WITNESSETH:
WHEREAS, Indian River County (the "County") is th-e owner of certair property known as the
Indian River County Fairgrounds, located in Indian River County, Florida, alit "fairgrounds"); and
WHEREAS, the County has the authority, to issue and/or execute, and
Latitude -88. Inc — Mike Strickland (the "Applicant") dc.iires the is:,uanc:; ancior execution of, a
permit/agreement for the utilization of the Fairgrounds, wFich Applicart has •n;pected and hereby
acknowledges to be sufficient for its intended purpose andior, we; c:)ntempl,,te,- hereiinder; and
WHEREAS, Applicant warrants to the County that. it is qc alified aml authorized to do business in
the State of Florida and Indian River County, Florida anti has or will cb-,ain and maintain the proper
certification, licensure, insurance, permits and all other regL!i�-emt:nts pursuart o federal, state and local
laws, statutes, ordinances, rules and regulations necessary to conduct any and <;Il activities contemplated
herein, and to satisfactorily perform its obligations as herein rec;uir.-d; and
WHEREAS, the Applicant acknowledges that the use o'th,: Fairgrounds is subject to and expressly
conditioned by section 205.04 (Permits) and section 205.09 (Sale and cons,arription of alcoholic beverages
at designated recreational facilities), of the Indian River Cc-e.riv Code of Ordinance, -s, if applicable at the
time of the License Duration, which are hereby incorporated Fri -elererrce Mi. -n rpplicable;
NOW, THEREFORE, for and in consideration of tl to ast: of the FE i qp ound 3 and other valuable
consideration, the legal sufficiency of which is hereby ackn,w✓iedged by beth partie,;, and of the mutual
covenants herein contained, the parties, as indicated by their ,actherized signatures below,
hereby agree to the terms and conditions set forth herein:
A. PARK, PREMISES & EVENT SCHEDULE:
1. This Indian River County Fairgrounds License Ag-eemcnt ("L c-rc;:: \t;rr.-ernertt") applies to all
events for the use of the Fairgrounds. The areas, p-:r.sonrn:I and fat i litie s o`the Fairgrounds which
Applicant may apply for a permit, license, or use hereunder are, im.,ie ;),Micularly described as
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I. Facilities (See Exhibit A)
a. 2 Acreage
❑0-5
❑ 6-10
Z11-40 3 Mays
❑ 41+
b. ❑Expo Center
C. ❑ Expo Open Air Pavilior
d. ❑ Agricultural Pavilion,
e. ❑ Entertainment Buildnt;
f. ❑ Cook Shed
g. ❑ RV Hook-up
II. ❑ Amenities
❑ Large Bleachers
❑ Small Bleachers
❑ Small Stage
❑ Stage Risers # (1-6)
❑ Trans -Stage «ithout canopy = with canopy
❑ 10X20 Tent #
❑ Light Towers
❑ Picnic Tables
❑ Hoses/Sprinklers
❑ Serving Carts
❑Tables (30"X96") w/chain;;# 30 ❑ Chairs only f`__
❑ Marquee # weeks_____
❑ Internet Access
OGolf Carts # 2 for all three days
❑ Fire Extinguishers #
(the "Premises"), which Applicant acknowledges --:o be 3ufficien:, as i;, for its intended purpose
and/or use contemplated hereunder.
III. Personnel
0 Parks Division Staff
IV. Permits
Q Fairgrounds Use Permit
Q Alcohol Permit
2. Applicant may use and have access to the Premises fora period, commencing at ;'am on Thursday,
October 20, 2022 and ending at 11:59pm on Sunday October 23, :'.0?::. (` 1,ic-.nse Duration'),
which License Duration shall include Event. set-up, iv: noval and d.an up. Where the Applicant
requires usage after the stipulated time, Applica_it s; required to pity E .ddaicmal charges including,
but not limited to standard hourly/daily rates and art) overage fee,_ as sot fotili in the Fairgrounds
Fee Schedule attached as Exhibit B ("Fee Schedul .-"1
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B. AUTHORIZED USE, TERMS & CONDITIONS:
1. The Premises are to be used by Applicant for the ;:022 Octoberiera. (vic "Event"), public event
with German style food and alcohol vendors and sev_ __lllocal ba.ids Chis cv__nt will have alcohol
served by a licensed alcohol vendor and be , ticl_et _ i r_ve it.
(a) The Event may include the following act;vi i,s: German stye e-1 etidors Cooking and live
bands.
(b) Admission is $5.00 and open to the public.
(c) The hours of the Event shall be: SaturdUfr_crfi_l la n-1 Qptn & :;;uri,jay I lam -spm.
(d) The Event shall be used for no other purpose whatsoever. rirnlcs,,. prior written approval is
requested in writing by Applicant and given :he County which appr: val shall be subject
to availability but not be unreasonably with'i-A, condition,,c, or delayed so long as such
request is submitted at least 90 days prior to the beginning, oto i hr License Duration. Such
change may result in a modification of the insurancc requirements set forth in B. 17.
2. Applicant agrees to pay to the County as rent, costs ::aper ses and ta,. s ;or rhe, use of the Premises
the following sums:
(a) Rental fee will be $2976.68 (which includes tax), plus a -i,, ar..,iitior►al charges imposed at
the request of the Applicant to be reconc led al the end of L, erose Duration, based on the
calculations on the attached Fee Schedule. A twninum percent (25%)
of the entire rental fee, $744.17 ("Event. L►c,posit") is dac at the signing; of the License
Agreement. The balance of the rental fee st,. -Orth above quid any remaining payments,
including any expenses, charges or other 'ees (,scribed ir. this [-,kens( Agreement shall be
due thirty (30) days prior to the Event. Any in6dental charge,; er fee., no': included in this
Agreement at the time of execution shall to due within fig e (:5) business days of the
conclusion of the Event as described n B.1. J.
(b) A Damage Deposit of $500.00 shall be subrnittcd to Liter th.iu 45 da} prior to the Event.
The Damage Deposit shall be applied against th.- fees, co:.:;. expenses, charges and/or
delinquent payments described herein, and agun�t any costs •)V iepair or replacement of
damages to the Fairgrounds that directly or indirectly resu t frl-ca the Event, whether caused
by Applicant or Applicant's employees. it — it,,es, licens-zes, contractors, assignees,
contestants, exhibitors or performers, or other, on the Pren is,es at Applicant's direction or
invitation. The County's use of the Damage–,eposit or any ot:hcx ::um described herein shall
in no way constitute a waiver of any other right ;:he County ni.iy hav, at law or equity. The
Damage Deposit, to the extent unused, shill b,, returned :o Applicant within thirty (30)
business days following the Event.
3. The Applicant shall provide to the County information w. to the total ti,,ke: gales at 30, 15, 7 and
3 days prior to the Event. The County reserves lbe right to car, r ick, -t sal,.s depending on the
capacity of the Premises and the Fairgrounds or b(TWIsC of la.vr er►forcerne:•it, sanitation, traffic
control or due to other public safety issues.
4. Applicant shall be financially responsible for all char2cs -or all rnateriai1s. rersonnel, services and
equipment that the county furnishes for the Event. applicant shall b,, 'financially responsible
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for all charges for all materials, personnel, services a.rd ,q aipment .hat a •e provided by non -county
agencies associated with this Event (i.e., stagehands. scur.d/light companies:, ushers).
This License Agreement is not a permit. As set forui in sections 205.0+ 1 Permits) and 205.09 (Sale
and Consumption of Alcoholic Beverages at Des grated Recrea:ior it Faci. ties), of the Indian
River County Code of Ordinances, the Applicant mu obtain the n,ce;-:►ry fairgrounds use permit
and alcohol permit, which collectively require the k,pplicant to Jim-ly )brain approvals of plans,
including but not limited to, adequate sanitation fa;.li 'es and sewagc disposal, parking facilities,
transportation of patrons, adequate medical ficiliti-s, adequato s�:c arity and traffic control.
Applicant shall be responsible for all costs associated v1it) such facililie s and services.
6. The County shall have the right, after coordination v< iter the Applicant's a:utlicrized representative,
to determine in its sole discretion the level of Coiinty staff neccsslry to ss: rvice the facilities during
the License Duration. Applicant shall be responsible f,)r all additoral costs for County staff and
Applicant may request additional staff as needed.
7. Applicant's failure to make any of the payments ,eclaited heretn�1:17 in a timely manner shall
constitute a material breach and shall result in =:h,- i nmediat, t rjninwon of this License
Agreement. All fees, costs and expenses, inclurin;. \6tf out at►o •ney's fees, incurred
by the County in the collection of any payment duc hereunder sha 1 b reirrb:arsed by Applicant.
8. Applicant (including all artists, performers, entcrtain,rs, sor:nd ochni:firs, employees, and
subcontractors of Applicant, and any other particip Gig .n the p,ruduct,on of the Event) shall
comply and ensure compliance with the following Juri ig the Evz-nt:
(a) The hours of event production and sound checks itil zing; amyl i f ied sound in the Fairgrounds
are restricted to:
i. Sunday thru Thursdays from 10:00arn-6:00pm with a ini-iirru,n of one thirty (30)
minute intermission.
ii. Fridays and Saturdays from l0am-10::;9pr1 with a mini hurl of•one thirty (30) minute
intermission.
(b) The starting hours listed above maybe adjusted -lo begin earli:r u.pWI approval of the County.
(c) The location and arrangement of the stages a -id :; )uids systems shall b, in accordance with
the Stage Configuration Map as detailed by ✓'.cplicant and a,Irroved by the County. The
preliminary Stage Configuration Map and a Site i'lan shall to provided to the County thirty
(30) days prior to the Event and a finai Stage Ccrtfi gura.tion kirf► and Site Plan no less than
fifteen (15) days prior to the Event.
(d) Sound attenuation blankets or sound walls may t�e -equired to he erect d at the rear of any
temporary stages. Such temporary stage instt!lations shall t s 1ns1a.lcd in such a manner so
as to minimize the noise impact on surrourdi-t; residential paper ies
(e) Applicant shall obtain stage inspection, docu rcrrtation and certification in accordance with
industry standard. Applicant shall provide cr.)i-,s J documentat�oo reflecting certification
within 24 hours of Event. Applicant shall alsa allow th! C'c►unty o inspect the stage
construction. Such inspection shall occur no later than 24 ho arspric r 'o the Event. Any cost
associated by the County's inspection shall he at the sole cos_ :rf the County. The County
shall make inspector(s) available at a mutually a;rerable time. Fz ilute to timely inspect the
Stage by the County shall not preclude Appli, tit from pro:xedinf° kith the Event.
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9. Undisclosed or unpermitted activities or hours sha; l ie -rause fai this License Agreement to be
voidable by the County at any time during the Lic(.n,;-; Duration. LnOisciosed and unpermitted
activities shall be subject to cancellation of the Evert, and Applicant shall be subject to damages,
penalties and other legal and equitable remedies irclucina, but net lin teed to full payment under
this License Agreement.
10. Applicant shall not assign this License Agreement or my rights h-r. -un ier or sublet the Premises
without the express prior written consent of th, Amstant t'ouaty ^,dministrator or his/her
designee.
11. In the event that the Premises or any other portion )''the --air;arounc s as e: not vacated and cleaned
by Applicant at the end of the License Duration. the County is heieh" au:h )rized to remove from
the Premises or any other portion of the Fairgrou id.;. ai the expense! o f A ppl+cant, all goods, wares,
merchandise and property of any and all kinds ar c dosc riptions p ace J or permitted therein by
Applicant and which may be then occupying the sane, and Cohn y sialI not be liable for any
damage or loss to such goods, wares, merchandise or ogle • prope -t.i -nhi.,F may be sustained either
by reason of such removal or of the place to which it may he removed. ell1plicant hereby expressly
releases County from any and all such claims for dar. ial: es of N ht iso _ ej kind or nature and agrees
to defend, indemnify and hold County harmless at Applicant s c1cp,nse as to any claims for
damages by third parties having interests in suO-r goods, w,-:rt;s, =n2rchanclise and property,
including costs and attorney's fees.
12. Applicant shall: (i) use and occupy the Prer1ise3 in a saf: and careful inarui_r, including but not
limited to properly covering any and all pourer cordi; (ii) comply W ih all _eleral, state and local
laws, statutes, rules, regulations and ordinance;; ;ii ; use the 11rernses solely for the purposes
provided above; (iv) not permit the Premises, or my part therccf, to 6, as:d for any unlawful
purpose or in any manner that may result in or eau-;(., harri andic,r clarnage io persons or property;
(v) not post or exhibit or allow to be posted or e).hihited signs, ..rrverti.;-.-m,_-nts, show -bills,
lithographs, posters or cards of any description insid o. in front of, or oa .any part of the Premises,
except with the prior written consent of County, which c or,serr_ sha I ',Clt IC' t n!,.-a>onably withheld,
conditioned, or delayed; and (vi) deliver to the Coon,.y tie Prern;se; in as good a condition and
repair, including all necessary trash or waste remov ol, as ,:he same s call be found at the beginning
of the License Duration. Additionally, Applicant:
(a) assumes all costs arising from the use of pak n .od. tradera;.rl,(td or copyrighted materials,
equipment, devices, processes, or dramatic rigits used on or i •poraled in the conduct of
the Event. Applicant shall defend, indernn ly and held Coint., hsrHess at Applicant's
expense from all suits, actions, proceedings, dariages, costs ar:lexpenses in law or equity,
including attorney's fees, for or on account of any patentecl. , ra.b,marked or copyrighted
materials, equipment, devices, processes or crariatic rights cr used by Applicant
or its employees, invitees, licensees, contractors, assignees, 1,e -formers. contestants and
exhibitors, in connection herewith.
(b) shall not alter landscaping, fencing or any permanent strucl:ur;, ncrt -hal' there be any
obstruction to ingress and egress to and from th,� Premises wit'iou1he express written
consent by the County.
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(c) acknowledges that the County shall have the > ) v right to co kat a nd sieve the custody of
articles left at the Premises by persons atte id rg 4nx, Event L iv,°n )r held on the Premises,
and Applicant or any person in Applicant';, err: f,luy shall not c' levt or interfere with the
collection or custody of such articles.
(d) acknowledges that the County reserves the •ight to eject any persons reasonably deemed
violent or otherwise dangerous to health, safet,;, a!id welfar .
(e) acknowledges that the County may imrned'att:iy t---rrainatc III.- Event i -'the ;`lational Weather
Service issues a severe weather warning, or i i rrinent s.evert- 1v -.,& her conditions develop in
the area indicating a risk to public safety, (.)r a stage of :r-(:rl,eney has been declared.
Applicant hereby waives any rights and all cla-tris for dainaLe; a;aa.in;;t the County that may
result from the exercise of the rights reserved l e •-,ir. .
(f) represents and warrants to the County tha: Applicant's enrlticyz-es, invitees, licensees,
contractors, assignees, contestants, exhibitor; aul performers I)v =heir .;oeech, song, music,
conductor manner will not violate or incite oth,-r3 to vio'ate any suiu,it�;, laNv, ordinance, rule,
regulation or order of any federal, state, manic ipal c r ot.ier go-: c!rr,me ital authority.
13. The County and its officers, agents and employe* ;nl;a&ed in tht; opera:ion and maintenance of
the Premises reserve the right to enter upon and to i a� e f•ee access to t rt! Prc-rises at any and all
times, which reservation is hereby acknowledged and agr.-ed to by /yp,icant.
14. Applicant releases and forfeits any right of action apaina the Cc urr y or is members, officials,
employees and agents from any liabilities, claims fin• darnages, Icssa, and costs which arise out
of or in connection with the Event and to the fuller? .::Kt. -n: permittod by hm, indemnifies, defends
and saves the County and County's members, offi,;a.ls, officers, rnrpk yees and agents harmless
(1) against all liability, claims for damages, and suit:. for or by rea ;on cx'any injury to any person,
including death, and damage to any property for ev-,ry cause in an., A,-iy connected with the Event
irrespective of negligence, actual or claimed, upon tI e part o� ' the Cx:nt:y. its agents and
employees, except where caused by the willful enc -wanton act; of t:ounty officials, officers,
employees and agents, and (2) from all expenses incur .d by the Coma) for police protection, fire
protection and emergency medical services, restoration a -1d clean u;), s.tnitavon and maintenance
costs and expenses that are required to preserve puhlic order aid pro c(. p iblic health, welfare and
safety on the Premises of the Event.
15. At least 30 days prior to the License Duration, the a, pplicani: sl -.a 1, without limiting Applicant's
liability submit certificates of insurance naming "I rfi in River ('oLurtv, FL' .is additional insured
and shall:
Procure and maintain at Applicant's sole expense, insir-aice of th,; i,, pc s. co -,-rages and amounts
not less than stated below:
Schedule
Commercial General Liability - No more restrictive than 31 OOC,000 each Occrrcrence Combined
ISO Form CG0001 (including property damage. Single Lim.t:
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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, officen., Eanployecs and agents, s call be named as
additional insureds under all of the above Commercial Gcrreral Liabil;t.%
In the event the use of motor vehicles is an integral par. -,1'the .Event (unless a sopa-ate ordinance is
specifically applicable to the automobiles):
Automobile Liability (all automobiles -owned, hired o► $500,000 Comb nec. �; ngle Limit
non -owned)
In the event the Applicant hires employees for the Lv: r; or is otherv✓iic r,-quirod to carry workers'
compensation insurance, the Applicant will provide evide ice of workers' c )inpertsation insurance or
exemption as required by Florida Workers Compensation Law as dof rcc n Chapter 440, Florida
Statutes. Applicant will assume responsibility for Appli cant' ; discretion in confirming that all of the
Applicant's contractors or subcontractors engaged in vvork for the Evt;rt ,av .h -appropriate workers'
compensation coverage. Such evidence will include of •worker:;' compen%w6on benefits and
employer's liability insurance for the following miniriu v I emits of ccv ,ra.!re
Workers Compensation
Including coverage for any appropriate Federal A��s
(e.g. Longshore and Harbor Workers Compensatior Ac t.
33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688
et seq.) where activities include liability exposures 2c,r
events or occurrences covered by Federal statutes.
Employer's Liability
Florida Statutork 17(overage
61 )0.000 Eai,h t%.ccidc,nt
$500,000 Ili;ease [)ohcy Limit
$100,000 E.a:h I;riflcvee'Disease
In the event that any services or activities of a profess.io r.t nature are prcvid,xl, and Risk Management
determines the coverage is necessary, pursuant tc (k) be1,)�,/:
Professional Liability (Errors and Omissions) 0 ,000,0(0 E a,;h Occurrence/Claim
In the event that children will be supervised in connecti _);i A,ith the 1?•✓c nz ui J Risk Management
determines the coverage is necessary, pursuant to (k) bel:w1�
Sexual Molestation Liability $1 000,0(+0 1F a::h Occurrence/Claim
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Date 04/12"1'2022
In the event alcoholic beverages, including beer and winc, —ill be; served, :;0A, (o1surned or otherwise
allowed at the Event, the entity serving or selling tie alcoholic: bevcroges must have the following
coverage:
iquor Liability
$1,000,00G [ : rr:bui:,c' Single Limit yL4µ
(b) Participants — Except as set forth below, the f!,pplicant shill asst me z,II n< sponsibility for
Applicant's discretion in obtaining, if any, insuravo.— fr )m the Event's ; cn ri buting participants
and subcontractors (such as caterers, venclors, prc durtion co,r pa.ni c rreIzi,-ers, sponsors) in
the types and amounts necessary to adequate;y po ect the Cc u it), ar no t is County's members,
officials, officers, employees and agents.
(c) Primary and Non -Contributory — The Applicant' ; iracrance will .3pl 1,- on a primary basis and
will not require contribution from any insurance :)- :,elf -insurance: 'rr:ri:lt ti-ied by the County.
(d) Deductibles—The deductibles of the insurance Eclicie,, applicab3e; :o :f.e: Event shall be deemed
customary and the responsibility of the Applican! ar d any nam,c in' u-e]s.
(e) Additional Insured — The Applicant's insuran.:e. e:cce)rt wor: rrsc )r:lpensation and any
additional coverages where it is unavailab'.e, will r�Lmc the Boa -d cif _ 0L,n,, Commissioners of
Indian River County and County's members, c11icials, officers. crnployees and agents, as
additional insureds under all insurance ccveragc s requ Ted for the :\ e,lt
(f) Reporting Provision — The Applicant's Insurance s!iall be: rov (III(] c n an occurrence form. In
the event that coverage is only available on a cl: iris made forri, Ili, App icant shall agree to
maintain an extended reporting coverage fora nrinirtu n o - twe ye;u , past the expiration of the
annual policy term.
(g) Duration —Notwithstanding anything to the cortrar.i.,:he Appl c3nt'3 habilitics intended to be
covered by the insurance coverage(s) required urrJe• this se,G.:,r shall survive and not be
terminated, reduced or otherwise limited ',y any ca.piration or to r•min ction if particular policies
for insurance coverages.
(h) Sovereign Entities — State and federal ag.ncies c 1,gible for soN e ei;; i imriunity may submit a
statement of self-insurance for liability as a)lo'Aecl b,, the aphlic::rb e stare or federal statute.
Such statement will be acceptable in place of in;:rra:ic,, require.n -a., deFined 'Herein.
(i) Financial Responsibility — Applicant shall cbt:rn insurance ry :�n insurer holding a current
certificate of authority pursuant to Chapter 624, F Icridi Statu .e;. or r company that is declared
as an approved Surplus Lines carrier under Chapt: r 626, Florida `itaWrtes. Such insurance shall
be written by an insurer with an A.M. Best Ratirrl, c 1'A -VII or l e:::t. Applicait must maintain
continuation of the required insurance throughout fh;e Event, wl ic. - it cludcs load -in, setup, tear
down, and load -out.
(j) Evidence of Financial Responsibility — Applimni n►ast prcv1de a cer i1 kale of insurance to the
County's Risk Manager, demonstrating the mairt,;nsnce of the mquir ed insurance including the
additional insured endorsement 30 days prior tc t' -e five it. D it--. �_t acn written request, the
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Applicant shall make its insurance policies and .-idorsements arailA& to the County's Risk
Manager. The County's Risk Manager shall apprce the Applicant s in.swance if it complies
with this License Agreement's requirements, in; u�Iin1;, if any, insurance coverages
deemed necessary by the Risk Manager. NC) riE.ier al z_lterati. n )r cancePation, including
expiration and non -renewal of Applicant's nsurarce, shall 1-C f f'ctire urrail 30 days after
receipt of written notice by the County from ['it fpplicant of (le V_^pJicant's insurance
company.
(k) Discretionary Authority — Depending upon the r ature of any ci' any event and its
accompanying exposures and liabilities, the Co ant,✓ rr ay, at t< sola option. require additional
insurance coverages not listed above, in amojn:� :---5ponsive tc t -os,, iib h ics, which may or
may not require that the County also be named .►: 1r aJdit.onai im.n epi.
(1) Applicant is required to immediately notify the COUnty of any irr. i -al nnt, a:cident, occurrences
and/or claims made in connection with the Evert
16. Applicants seeking a permit for the sale and const rll:tio_1 of alto io _tcv: ra.gex: per section
205.09 of the Indian River County Code of Ordinru co, sha'I suhriit th : X r%,,,-ycr's name no less
than 45 days prior to the Event to the County. ,\t l a.;. 3) days prior tc the Event, the Applicant
shall submit copies of the alcohol vendor's requires. state alcohol-:, licenses and
insurance certificate in accordance with Sectior B. 17 to the COLI 1ty
17. If default occurs on the part of the Applicant in lulfillrnent o` rr,;y cf the t.erris, covenants or
conditions, including the timely submittal of all d0curl►euts sa 16.1:11 in Secti,n ft, of this License
Agreement, the County may terminate this Licen;s. /1gr.ement , n_ ; i,cline to issue any and all
permits necessary for the Event. In such case, the rcnt, takes, fees d el.c s ts and any other charges
hereunder, whether accruing before or after sucf ter:nina*i.In, shall) Ii,.- coisidered part of and
inclusive of the County's damages resulting fro r Applacant'i ulr. Applicant's default
hereunder shall be considered a default of any anc ►11 ag-eenlents k;; a ul between Applicant and
the County, and any amounts due Applicant undo- its_ ot`ier agr.—t ni mt; with the County may be
used by the County to remedy Applicant's defaults hcraunder A il- to -rtody granted in this License
Agreement to County shall be in addition to all cthcr remedics OV-U.'EIIA,.:o County in law or
equity, and not exclusive of such remedies.
18. In the event that the Applicant cancels all or any tin. u, .)r portior of lily..; Prem ises reserved for the
Event, the County must receive written notice. Applicants may bo led to a ►efund according
to the following schedule:
(a) Cancellation prior to 180 days from the first (lits of License Du 111 ion v ill receive a refund
equal to 85% of the Event Deposit collected iii ,(].-r � ection B.4.ialp
(b) Cancellation between 90-180 days of Vie first late c [.,iceris,; -)ur ltion will receive a
refund equal to 50% of the Event Deposit colk cted und,.r Sect ion 13.4.(1).
(c) Cancellation less than 90 days of the first date, cf Li,.ense Dut,.i: ,sir :rill iorleit the Event
Deposit collected under Section B.4.(a).
19. In addition to any other charges set forth in the I ee ;J ecule, the k ,1)J _-an: shall pay a $250
administrative fee for each modification or addead,a;ri to rhe Lici.ns,c .At r,.,ement.
Fairgrounds License Agreement Prrge 9 of 12
Initials M S
Date 01/13/':022
20. In the event that the Premises or any part thereof, or ad ac err. ,)remise:; r,guired for access thereto,
should be so damaged or destroyed by fire or other cc.t se : With-3 it t-ic ta.0 h of Applicant, as to prevent
the use of the Premises for the Event, then this Limi sc; A;;reernent sli all [:.-r wnate. In such event,
the County shall be paid for all items of expense inc arred by it un,le r :h Is f icerise Agreement and
any rental accrued prior to such destruction or damages, but /�pplic,,nt ; hal be re lieved of paying
rent accruing thereafter. For purposes of this: pE ra„ app, causes or ;, its nor. within Applicant's
control shall include, without limitation, acts of God. loud;, eartl1+ a W.S. ht;►rizanes, fires and other
natural disasters, acts of public enemies, riot or civi I d st arbances sabc toge, strikes and restraints
imposed by order of a governmental agency or axu•t :'aures or eN eras vitbiri Applicant's control,
and thus not falling within this Section 12, shall ircli.i e, without limittion, Applicant's financial
inability to perform or comply with the terms and condi ions her-co.', c-co Comic hardship, a featured
act's failure or refusal to perform or appear, and misfi as.uu,e, mal':'e isa w, ar nonfeasance by any of
Applicant's directors, officers, employees, cooltr•actor. , or ageFros.
21. Applicant acknowledges receipt of and agrees fc- r,)niply �vit'r Fair!rOUnd'S Rules and
Regulations which are attached hereto as Exhibic C uic' ir:corhr_trated by reference,.
22. Applicant assumes all risks of damages to and loss [-i ,:h -ft or other r, (,I -the furniture, appliances
or other property of Applicant or Applicant's lniiployees, liccruees, contractors,
assignees, performers, exhibitors, contestants an -1 th rs, otherwis, with Applicant, and
Applicant hereby expressly releases and discharges +--oitn-:y from arry ar d a I ';ability for any such
loss and agrees to defend, indemnify and hold County harmless -r•,u-,. ill ;Iiia;.,; and actions for
damages as to such losses, including attorney's fee
23. County and Applicant retain all television, film, reccrJing ar.d lice is ing ri&lit.,, as To any Event that
takes place in or on the Premises, provided such is iNitl in tlr; 4, -tilt Contract. County
will coordinate such recordings with Applicant's rt u -:':,-ting ►epre;enta:ive In the event of artist
recording restrictions, Applicant shall requz-st t:h.- riffi to allo�v tl-ic C'Ixnty to take generic
production and still photographs of the Event.
24. Unless excused by impracticability or impossirili,, of Performa>ice o - :rther lawful contractual
defense, any attraction, act, or person contracted to !ppea • during; ih, E, ent as an entertainer shall
appear at the published time or within one hour the: -caller Appl c rr r. s'~ I iot advertise or permit
any advertising that a particular performer will app-.�a fcr thy, Ev,;nt i+►.tiI .if Fur a contract for the
performer's appearance has been executed end a ccpy thereof ha; -ccir pro-ided to the County;
otherwise, the County may terminate this License jVyr.enrer►t and c;i-cel the. Event.
25. No exception or waiver of any provision of this L i�.-erse Agreement Call b: effective unless in
writing signed by the Assistant County Admi7istrarc r. 1\ o such wain ;:r sh,11 �e held to waive the
same provision on a subsequent occasion or b.- ccn;:rLed to ccn;[ittte ;t riaiver of any other
provision of this License Agreement. This [kers.- Agreeri.er t c: r,.t< ins fie entire agreement
between the parties, unless modified or amended by a :;uhsequent IAT tt ;r- agoeenrent executed by
the parties. This License Agreement shall be gove.•n,d )y tne laws cr'the ,hate; of Florida, and
venue for the resolution of disputes hereunder sha'I b, it a court o' air it Indian River County,
Florida.
Fairgrounds License Agreement ]'age 10 of 12
Initials MS
Date 04/'i V.-)0:2
26. At least 30 days prior to the Event Date, Apr l icant is utl . siibtnit frocf c; f application for a "Special
Events & Tent Sales Inspection Permit" from the 'ndia.n R.irer County Fire Prevention Bureau
pursuant to Florida Fire Prevention Code: NF -?,A 1. Chapur 2:)', 101 & 102 and IRC
Ordinance Section 208.11.
27. All of the Applicant's subcontractors shall have a ll o;* tie r:ece 3sary I,.c:: !, st<ctc. and federal licenses
for the services provided at the Event.
28. All deadlines falling on a weekend or holiday, shall I c: acc elerated to i fim pro • bu,;iness day.
29. Any notice, request, instruction, demand, consent o:- othor cornin mi:.<t_ion r..quired or permitted
to be given under this License Agreement shall b,, ir. w •itin, an I sha 1 b-; liven in writing and
delivered by email or US Mail, Certified — Return ;Z-ct ipt Reques.e l to ;h,- -Nlowing:
Scott Knauer
Indian River County
Parks and Recreation
5500 77th Street
Vero Beach, FL 32967
Email: sknauer@ircgov.com
Applicant:
Mike Strickland, Latitude -88, Inc.
4605 Paladin Circle
Vero Beach, FL 32967
Email: mike@patriotshows.com
30. Applicant acknowledges that the County maces no gw rartees to iA pp is mt. e�.press or implied, as
to any pecuniary gain that Applicant may have i,iterdol t) resell frc ni tie I?Nent.
31. The recitals and WHEREAS clauses are true. acca:•a;; -nd ror-ect an -I are hereby incorporated
herein by this reference.
32. Services Provided by the County:
(a) County reserves the right to determine the a,Ivjuacy of ottsi(k.� s,.rvices procured by the
Application under Section B as a cond i:ior. o`` t h,; Pormit.
Fairgrounds License Agreement Page 11 of 12
Initials MS 04/12-12022
Dat
IN WITNESS WHEREOF, the parties, by and thr3u: i -.Heir authoriz,e'- rrrprescntalives' signatures
below, doh eby (xecute this License Agreement cn 11 i31,5. day of
13 , �2 2--Z'
APPLICANT: i N D D_ Rl VF)9.:
By.3 Y - ----- --- - - - - ---
Michael P. Strickland Scott K na of r. I7 .:' F ii -.,rounds
Fairgrounds License Agreement Page 12 of 12
Initials MS
Date 014/':11,2022