HomeMy WebLinkAbout2022-FG16INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT
License Preparation Date; April 30, 24122 #.:kem Duratiow. April 14-15, 21323
Organization: Vero Beach Golden Grads Contact Name: Steve Hayes 772-473-3825
Address: PO Sox 6700 Phone: 772-559-7849/772-538-2462
City/S4tWZip Code: Vero Beach, FL 32%1 E -Mail: ...... —al
Name o1 Event: VeroBeacb Golden Grads Expected Attendsnev.100
Load -in Date/Time: April 14, 2023 — 3pm4pm Load -Out Date/Time: April 15,.2023 by 4pm
WITNESSES.
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 "Fairgrnucrds"); and
WHEREAS, the County has the authority to issue and/or execute, and
Vera Reach Golden Grads the "Applicant'} desires the issuance /or execution of, a Citi`
ageemcmt lot t& utilizat n of dw fwrgonds, 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 o_ualified and authorized to do business it
t of Florida and Inde .River County, Florida and has or will obtain and rmin in the Proper
certification, ticensure, 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 .sects 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, which are
hereby incorporated by reference when applicable;
NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable
,.onsideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual
ovenants herein contained, the parties, as indicated by their authorized representatives' signatures below,
:zrebv agree to the terms and conditions set forth herein:
A. PARK. PREMISES & EVENT SCHEDULE:
1. This Indian River County Fairgrounds License Agreement ("License Agreement") applies to
events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairerounw,
Fairgronn enseAgreement Page I Of 1:
nich Aoplicant may apply for a permit, license, or use hereunder aw cum purficulafly
aescribed as
b Facilities (Exhibit A)
ll. [a Amenities
❑ Large Bleachers
❑ Small Bleachers
❑ Small Stage
* Stage Risers #4
❑ Trans -Stage a without canopy ❑ with canopy
❑ i 0X20 Tent #
❑ Light Towers
❑ Picnic Tables
❑ Hoses/Sprinklers
❑ Serving Carts
❑ Tables (30"X96") w/chairs#
❑ Marquee # weeks
❑ Internet Access
❑ Golf Carts
a Fire Extinguishers #
❑ Chairs only #
(the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose
and/or use contemplated hereunder.
i31.1'er'r�,�
❑ Parks Division Staff
IV. Permits
o Fairgrounds Use Permit
❑ Alcohol Permit
Fairgroun ense Agreement Page 2 of 12
Initial
0 Acme
m 0-5 1 day
❑ 6-10
❑ 1l-40
o 414-
1+b.
b.
® Exiao Center - 10 hours
C.
❑ Exna Open Air Pavilion
d.
❑ Agricultural Pavilion
I--
❑ Entertainment Building
f�
❑ Cook Shed
g.
❑ RV Hook-up
ll. [a Amenities
❑ Large Bleachers
❑ Small Bleachers
❑ Small Stage
* Stage Risers #4
❑ Trans -Stage a without canopy ❑ with canopy
❑ i 0X20 Tent #
❑ Light Towers
❑ Picnic Tables
❑ Hoses/Sprinklers
❑ Serving Carts
❑ Tables (30"X96") w/chairs#
❑ Marquee # weeks
❑ Internet Access
❑ Golf Carts
a Fire Extinguishers #
❑ Chairs only #
(the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose
and/or use contemplated hereunder.
i31.1'er'r�,�
❑ Parks Division Staff
IV. Permits
o Fairgrounds Use Permit
❑ Alcohol Permit
Fairgroun ense Agreement Page 2 of 12
Initial
2. Applicant may use and have mcess to the ftanises for a period, commencing at 3p3rn, on the
14th day of April, 2023, and ending at Spm, on the l5th day of April, 2023, ("License
Duration"), which License Duration shall include Event set-up, removal and clean-up. Where
the Applicant requires usage after the stipulated time, Applicant is required to pay additional
r-haq,-s mcltading, hu1 rxd Jimiled to qxxW hourly Idaily, xates and ani m enrage fees as sm forth
in the Fairgrounds Fee Schedule attached as Exhibit B ("Fee Schedule").
B. AUTHORIZED USE, TERMS & CONDITIONS:
1. The Premises are to be used by Applicant for the Vero Beach Golden Grads (the "Event" ), a
reunion for the members of Vero Beach High School.
(a) The Event may include the following activities: catering for Wroximately 700 attendees,
ticketed event with no alcohol on site or served.
(b) The hours of the Event shall be on April 15, 2023, 7am-5pm. Setup shall be on April 14,
2023, from 3prn-4pm.
(c) The Event shall be used for no other purpose whatsoever, unless prior written approval is
requested in writing by Applicant and given by the County which approval shall be subject
to availability but not be unreasonably withheld, conditioned, or delayed so long as such
request is submitted at least 90 days prior to the beginning of the License Duration. Such
chance may result in a modification of the insurance requirements set forth in B. 17.
2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the
Premises the following sums:
(a) Rental fee will be $1130.00 plus any additional charges imposed at the request of the
Applicant to be reconciled at the end of License Duration, based on the calculations on the
attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%) of dze entire rental
fee. 5282.50 ("Event Deposit'), under a placeholder deposit agreement which now merges
into this License Agreement. The balance of the rental fee set forth above and any
remaining payments, including any expenses, charges or other fees describer) in this
License Agreement shall be due thirty (30) days prior to the Event. Any iwidental
clones car fees not iiwAuded in this Aveemnt at the tine of execution shall be due within
five (5) business days of the conclusion of the Event as described in B.
(b) A Damage Deposit of 50.00 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 fnorn the Event, whether
.ausea by Applicant or Applicant's employees, invitees, licensees, contractors, assignees,
lantestants. 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 taw ,-,--
equity. The Damage Deposit, to the extent unused, shall be returned to Amities..
Fairgrou cense Agreement
I ecru(,
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
opacity or the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic
.-ontrot or due to other public safety issues.
4. Applicant shall be financially responsible for all charges for all materials, personnel, services and
equipment that the county furnishes for the Event. Applicant shall also be financially responsible
for all charges for all materials, personnel, services and equipment that are provided by nop-
county agencies associated with this Event (i.e., stagehands, soundflighi companies. ushery>
yrs License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09
(Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the
Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds
use permit and alcohol permit, which collectively require the Applicant to timely obtain
approv=als of plans, including but not limited to, adequate sanitation €acilities and sewage
disposal, parking facilities, transportation of patrons, adequate medical facilities, aaequate
security and traffic control. Applicant shall be responsible for all costs associated with such
facilities and services.
6. The County shall have the right to determine in its sole discretion the level of County staff
necessary to service the facilities during the license Duration. Applicant shall be respible for
all additional costs for County staff and Applicant may request additional staff as needed.
7. Applicant's failure to make any of the payments required hereunder in a timely manner shall
constitute a material breach and shall result in the imc&tatc termination of tliis License
A ,nt_ All fees, costs and expenses, including, without limitation, attorney's fees, incurreu
by the County in the collection of any payment due hereunder shall be reimbursed by Applicant.
8. Applicant (including all artists, performers, entertainers, sound technicians, employees, and
subcon1mriors ofApphcant, and any other participating in the production of the Event) shall
comply and ensure compliance with the following during the Event:
(a) The hours of event production and sound checks utilizing amplified sound in the
Fairgrounds are restricted to:
i. Sunday thru Thursdays from 10:00am-6:00pm with a minimum of one thirty (30)
minute intermission.
ii- Fridays and Saturdays from 10am-10:59pm with a minimum of one thirty (30)
minute intermission.
(b) The starting hours listed above may be adjusted to begin earlier upon approval of the
County.
(c) The lotion 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. 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.
Fairgroxn enseAgreemew Page 4 of 12
In'
(d) Siage emstruci mull br aMwoved and inspected by the County.
9. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be
voidable by the County at any time during the License Duration Undisclosed and unpermitted
tfvitim ") he svh evt to a cellation of the .Event, and Applicant salol) be cubjret to damages,
penalties and other legal and equitable remedies including, but aot limited to full faytmat cooler
this License Agreement.
10. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises
withoutthe express prior written consent of the Assistant County NdminisxMw lar Wiglms
designee.
11. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned
by Applicant at the end of the License Duration, the County is hereby authorized to remove from
the Pflwaiws or any oto pog6m of the Flu , at the expense of Applkwo, all goons,
wares, merchandise and property of any and all kinds and descriptions placed or permitted
therein by Applicant and which may be then occupying the same, and County shall not be liable
for any damage or loss to such goods, wares, merchandise or other property which may be
sustained either by reason of such removal or of the place to which it may be removed.
Applicant hereby expressly releases County from any and all such claims for datuageb of
whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at
Applicant's expense as to any claims for damages by third parties having interests in such goods,
wares, merchandise and property, including costs and attorney's fees.
12. Applicant shall: (i) use and occupy the Premises in a safe and careful manner. including. but not
limited to properly covering any and all power cords; (ii) comply with all federal, state acrd 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, poAws or cards of m description inside or in front of: or on any Dart of the
Premises, except with the prior written consent of Countv. which consent shall not be
unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as
good a condition and repair, including all necessary trash or waste removal, as the same shall be
found at the beginning of the License Duration. Additionally, Applicant:
(a) assumes all costs arising from the use of patented, trademarked or copyrighted materials,
eauinment. devices, processes, or dramatic rights used on or incorporated in the conduct of
the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's
_,:cense 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 Anbilc
or its employees, invitees, licensees, contractors, assignees, neribrmers. contestants am
exhibitors. in connection herewit
FatrgirenseAgreement pow 5 Ar -
(b) shall not alter landscaping, fencing or any permanent structure nor shall there be any
,Ybstruction to ingress and egress to and from the Premises without the express written
consern by the County.
,Ile) 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, of a state of emcgemy bas 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, ordirance,,
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
bmcs; 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,
de&m& and saves the County and County's members, officials, ofhc m, c i+oy-+
harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to
any person, including death, and damage to any property for every cause in any way connected
with the Event irrespective of negligence, actual or claimed, upon the Mart of the County, its
agents and employees, except where caused by the willful and wanton acts of County officials,
ofru=s, employees and agents, and (2) f m all expenses incurred by the County for police
protection, fire protection and emergency medical services, restoration and clean up, sanitation
and maintenance costs and expenses that are required to preserve public order and protect public
health, welfare and safety at the Event. The Applicant shall also agree to indemnify the County
and County's members, officials, offikers, employees and agents against all charges, expenses
and costs incurred on accoura of or by re& -,on of any mcb i urs, des, ! lv�y, c` ;,
suits or losses and all damages growing out of the same.
Fairgraun enze Agreement Page 6 of 12
Initla
15. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's
liability submit certificates of insurance naming "Indian River County, FL" as additional insured
and shall:
Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts
not less than stated below:
Schedule
Limits
Commercial General Liability — No more restrictive $1,000,000 Each Occurrence Combined
than ISO Form CG0001 (including property damage, Single Limit
pemnal 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).
In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is
specifically applicable to the automobiles):
Automobile Liability (all automobiles -owned, hired or $500,000 Combined Single Limit
non -owned)
In the event the Applicant hires employees for the Event or is otherwise required to carry workers'
czompe svitiazi insurance, the Applicanitwill provide evidence of workers' compensation ins_u€a .e Cr
exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Flom.
Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of
Applicant's contractors or subcontractors engaged in work for the Event have the appropriate
workers' compensation coverage. Such evidence will include evidence of workers' compensation
benefits and employer's liability insurance for the following: minimum limits of coverage:
Workers Compensation I Florida Statutory Coverage
Including coverage for any appropriate Federal H
(e.g. Longshore and Harbor Workers Comt)ensaa
Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §j -
688
j688 et seq.) where activities include liability exposures
i for events or occurrences covered by Federal statin
Mase Agreement Page 7 of 12
Employer's Liability
$100,000 Each Accident
$500,000 Disease Policy Limit
5100,000 Each EmployeelDisease
In the event that any services or activities of a professional nature are provided, and 14&
Management determines the coverage is necessary, pursuant to (k) below:
Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim
in ute event that children will be supervised in connection with the Event and Risk Managemat
determines the coverage is necessary, pursuant to (k) below:
Sexual Molestation Liability $1,000,000 Each Occurrence/Claim
In the event alcoholic beverages, including beer and wine, will be served, sold, consume V.
otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the
following coverage:
Liquor Liability I $1,000,000 Combined Single Limit
(b) Participants — Except as set forth below, the Applicant shall assum all responsibifity 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) Primmy and Nkon-Contributory TbeApplicant'sinsurance will apply on a primary basis and
will not require contribution from any insurance or self-insurance maintained by the County.
(d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be
deed cuslomary and the responsibility of the Applicant and any named insureds.
(c) Additknial to d —'11w AppficaWs, inswu e,. a ept wed ' conWensvfim Sul any
additional coverages where it is unavailable, will name the Board of County Commissioners
of Indian River County and County's members, officials, officers, employees and agents, as
additional insureds under all insurance coverages required for the Event.
f) ltep whng Provision — The Applicant's insurance shall he provided on an occurrence forth. In
tate 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.
Fairgmun ense Agreement Page 8 of 12
Initlads�
( Duraflorc — Notwithstanding anything to the contrary, the .Applicant's liabilities intended to be
covered by the insurance coverage(s) required under this section shall survive and not be
terminated, reduced or otherwise limited by any expiration or termination of particular
policies for insurance coverages.
(h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a
statement of self-insurance for liability as allowed by the applicable state or federal statute.
Such statement will be acceptable in place of insurance requirements defined herein.
(i) Finan6al Responsibility — Applicant shall obtain insurance by an insurer holding a current
certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is
declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such
insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better.
Applicant must maintain continuation of the required insurance throughout the Event, which
includes load. -in, setup, tear dawn, and toad -taut...
(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 addatiQual insured endorsement, 30 days prior to t F-veot. Dates... t ipm vaMean
ngoe.st., the Applicant shall nye 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
c e
Jn0udWg. expvauw mid mwrenewaJ ofAppliratt's inswumz- shall be ell live
until 30 days atter 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 it-,
accompannying eVoswes, and l;tatiritities, the County, May, at: its sote ctplior . reqWim OA&%tVW
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
wtxdlut ti -ams made in cormeoion with the Event.
If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or
�nditions, including the timely submittal of all documents set forth in Section B, of this
T :cense Agreement, the County may terminate this License Agreement and decline to issue any
.pct ail permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any
uuxT larges hereunder, whether accruing before or after such termination, sttatl be cmtiered
pari of and inclusive of the County's damages resulting from Applicant's default. Annica
default hereunder shall be considered a default of any and all agreements by and canes
Applicant and the County, and any amounts due Applicant under its other asreements with t
Fairgrnu fflseAgreement ptqpe 00Z
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.
f. 7. 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 13A.W.
(b) Cancellation between 90-180 days of the first date of License Duration will receive:
refund equal to 50416 of the Event Deposit collected under Section BA.(a).
(c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event
Deposit collected under Section BA.(a).
M In additionto 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.
19. In the event that the Premises or any part thereof, or adjacent premises required for access therew,
should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as ti,
prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such
event, the County shall be paid for all items of expense incurred by it under this license
Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be
relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not
within Applicant's control shall include, without limitation, acts of God, floods, earthquakes,
huariAncs, Ues. and othar naUa-4 dmftm, Acts 4 publw. e to fw eiv . sfl az s�
s ete, strikes and restraints unposed by order of a gouernrnen#al 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
mislea.sance, rnalfease or rvmfeasance by any of Applicant's directors, officers, employees,
contractors, or agents.
20. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and
Regulativrrs which are aCtm-hW hez ExhibirC and ire. parr ' Y irRitwce.
21. AWkwsl wwmws aH riAs of domes to www loss by tbeft or otlwmise 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
liabifilv,for an;% soh loss and agree-:- to defend, indemnify and hold County harmless from all
clairrts artd actions for damages as to such fasws, rtrclrtdirrg- attaffte 's foes.
Fsirgtxt tn-"Agreemenf Peke d R 12
Initis(
22. County and Applicant retain all television, film, recording and licensing rights as to any Event
that takes place in or on the Premises.
23. Unless excused by impracticability or impossibility of perthrmatae or odw lawful watractual
defense, any attraction, act, or person contracted to appear during the Event as an entertainer
shall appear at the published time or within one hour thereafter. Applicant shall not advertise or
permit 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
Cowty , othemise., the County may terminate this License Agreement and cancel the Event.
24. No exception or waiver of any provision of this License Agreement shall be effective unless in
writing signed by the Assistant County Administrator. No such waiver shall be held to waive
the same provision on a subsequent occasion or be construed to constitute a waiver of any other
provision of this License Agreement. This License Agreement contains the entire agreement
between the parties, unless modified or amended by a subsequent written agreement executed by
the parties. This License Agreement shall be governed by the laws of the State of Florida, and
venue for the resolution of disputes hereunder shall be in a court of law in Indian River County,
Florida.
25. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a
"Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention
Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and
IRC Ordinance Section 208.11.
26. All of the Applicant's subcontractors shall have all of the necessary local, state and federal
licenses for the services provided at the Event.
-7. i' deadlines falling on a weekend or holiday shall be accelerated to the prior business day.
28. Any notice, request, instruction, demand, consent or other communication required or permitted
to be given under this License Agreement shall be in writing and shall be given in writing and
delivered by email or US Mail, Certified — Return Receipt Requested, to the following:
Indian River County
Parks Division
=300 77th Street
Vero Beach. FL 32967
Email: sxnauer@ircgov.com
Applicant: Steve iiav_ L.;
PO BOX 6704 -
Vero Beach. FL 32961
Fairg kenseAgreement Page 11 ofI
rim
email: t.
'.9_ 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.
30. The recitals and WHEREAS clauses are true, accurate and correct and are herebv incornoratv
herein by this reference.
IN FITNESS "EREOF, the parties, by and through their authorized representatives'
Renatures bel W. do hereby execute this License Agreement on this JS�day of
'Itq,. 2t�ZZ
APPLICANT:
By
Signature
��ec,e- /—/.z J
Type/Print Nadie
Fairgro n nse Agreement
Initla
INDIRIV U TY:
8J
Scott Knauer, Fairgrounds Manage=
Page 12 of 12