HomeMy WebLinkAbout2022-FG17INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT
License Preparation Date: May 19, 2022
Organization: Pro Sport Booster Corp
Address: 9599 Gator Drive #5
City/State/Zip Code: Sebastian, FL 32958
Name of Event: Stunt Game
Load -In Date/Time: May 28, 2022 1:30pm
Event Date: May 28, 2022
Contact Name: Chelsea Norris
Phone: 772-473-5913
E -Mail: psport@gmail.com
Expected Attendance: 100
Load -Out Date/Time: May 28, 2022 by 4:30pm
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
Chelsea Norris / Pro Sport Cheer (the "Applicant") desires the issuance and/or execution of, a
permit/agreement for the utilization of the Fairgrounds, which Applicant has inspected and hereby
acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and
WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in
the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper
certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local
laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated
herein, and to satisfactorily perform its obligations as herein required; and
WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and expressly
conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic beverages
at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the
time of the License Duration, which are hereby incorporated by reference when applicable;
NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable
consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual
covenants herein contained, the parties, as indicated by their authorized representatives' signatures below,
hereby agree to the terms and conditions set forth herein:
A. PARK, PREMISES & EVENT SCHEDULE:
1. This Indian River County Fairgrounds License Agreement ("License Agreement") applies to all
events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds which
Applicant may apply for a permit, license, or use hereunder are more particularly described as
Fairground License Agreement Page 1 of 11
Initials
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Facilities (See Exhibit A)
a. ❑ Acreage
❑ 0-5 1 day
❑ 6-10
❑ 11-40
❑ 41+
b. ❑ Expo Center 3 hours
C. ❑ Expo Open Air Pavilion
d. ❑ Agricultural Pavilion
e. ❑ Entertainment Building
f. ❑ Cook Shed
g. ❑ RV Hook-up
II. ❑ Amenities
❑ Large Bleachers
❑ Small Bleachers
❑ Small Stage
❑ Stage Risers # (1-6)
❑ Trans -Stage ❑ without canopy ❑ with canopy
❑ 10X20 Tent #
❑ Light Towers
❑ Picnic Tables
❑ Hoses/Sprinklers
❑ Serving Carts
❑ Tables (30"X96") w/chairs # 50 ❑ Chairs only #
❑ Marquee # weeks
❑ Internet Access
❑ Golf Carts #
❑ Expo Pavilion Curtains
❑ Fire Extinguishers #
❑ Midway Electric
(the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose
and/or use contemplated hereunder.
III. Personnel
❑ Parks Division Staff
IV. Permits
❑ Fairgrounds Use Permit
❑ Alcohol Permit
2. Applicant may use and have access to the Premises for a period, commencing at 1:30pm, on the
28th day of May, 2022, and ending at 4:30pm on the 28th day of May, 2022, ("License Duration"),
which License Duration shall include Event set-up, removal and clean-up. Where the Applicant
requires usage after the stipulated time, Applicant is required to pay additional charges including,
Fairgrounds License Agreement Page 2 of H
Initials
but not limited to standard hourly/daily rates and any overage fees as set forth in the Fairgrounds
Fee Schedule attached as Exhibit B ("Fee Schedule").
B. AUTHORIZED USE, TERMS & CONDITIONS:
1. The Premises are to be used by Applicant for the Stunt Show (the "Event"),
(a) The Event may include the following activities: stunting_ competition.
(b) The hours of the Event shall be: May 28, 2022 2pm4nm. 9 — 17-
(c)
Z(c) The Event shall be used for no other purpose whatsoever, unless prior written approval is
requested in writing by Applicant and given by the County which approval shall be subject
to availability but not be unreasonably withheld, conditioned, or delayed so long as such
request is submitted at least 90 days prior to the beginning of the License Duration. Such
change may result in a modification of the insurance requirements set forth in B. 17.
2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises
the following sums:
(a) Rental fee will be $419.34 (including 6.5% sales tax), plus any additional charges imposed
at the request of the Applicant to be reconciled at the end of License Duration, based on the
calculations on the attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%)
of the entire rental fee, N/A ("Event Deposit") is due upon execution of this License
Agreement. The balance of the rental fee set forth above and any remaining payments,
including any expenses, charges or other fees described in this License Agreement shall be
due thirty (30) days prior to the Event. Any incidental charges or fees not included in this
Agreement at the time of execution shall be due within five (5) business days of the
conclusion of the Event as described in B. Lb.
(b) A Damage Deposit of $500.00 (already collected) 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. Applicant shall be financially responsible for all charges for all materials, personnel, services and
equipment that the county furnishes for the Event. Applicant shall also be financially responsible
for all charges for all materials, personnel, services and equipment that are provided by non -county
agencies associated with this Event (i.e., stagehands, sound/light companies, ushers).
4. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 (Sale
and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian
River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit
Fairgrounds License Agreement Page 3 of 11
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and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans,
including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities,
transportation of patrons, adequate medical facilities, adequate security and traffic control.
Applicant shall be responsible for all costs associated with such facilities and services.
5. The County shall have the right, after coordination with the Applicant's authorized representative,
to determine in its sole discretion the level of County staff necessary to service the facilities during
the License Duration. Applicant shall be responsible for all additional costs for County staff and
Applicant may request additional staff as needed.
6. Applicant's failure to make any of the payments required hereunder in a timely manner shall
constitute a material breach and shall result in the immediate termination of this License
Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred
by the County in the collection of any payment due hereunder shall be reimbursed by Applicant.
7. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be
voidable by the County at any time during the License Duration. Undisclosed and unpermitted
activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages,
penalties and other legal and equitable remedies including, but not limited to full payment under
this License Agreement.
8. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises
without the express prior written consent of the Assistant County Administrator or his/her
designee.
9. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned
by Applicant at the end of the License Duration, the County is hereby authorized to remove from
the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods, wares,
merchandise and property of any and all kinds and descriptions placed or permitted therein by
Applicant and which may be then occupying the same, and County shall not be liable for any
damage or loss to such goods, wares, merchandise or other property which may be sustained either
by reason of such removal or of the place to which it may be removed. Applicant hereby expressly
releases County from any and all such claims for damages of whatsoever kind or nature and agrees
to defend, indemnify and hold County harmless at Applicant's expense as to any claims for
damages by third parties having interests in such goods, wares, merchandise and property,
including costs and attorney's fees.
10. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not
limited to properly covering any and all power cords; (ii) comply with all federal, state and local
laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes
provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful
purpose or in any manner that may result in or cause harm and/or damage to persons or property;
(v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills,
lithographs, posters or cards of any description inside or in front of, or on any part of the Premises,
except with the prior written consent of County, which consent shall not be unreasonably withheld,
conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and
Fairground License Agreement Page 4 of 11
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repair, including all necessary trash or waste removal, as the same shall be found at the beginning
of the License Duration. Additionally, Applicant:
(a) assumes all costs arising from the use of patented, trademarked or copyrighted materials,
equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of
the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's
expense from all suits, actions, proceedings, damages, costs and expenses in law or equity,
including attorney's fees, for or on account of any patented, trademarked or copyrighted
materials, equipment, devices, processes or dramatic rights furnished or used by Applicant
or its employees, invitees, licensees, contractors, assignees, performers, contestants and
exhibitors, in connection herewith.
(b) shall not alter landscaping, fencing or any permanent structure nor shall there be any
obstruction to ingress and egress to and from the Premises without the express written
consent by the County.
(c) acknowledges that the County shall have the sole right to collect and have the custody of
articles left at the Premises by persons attending any Event given or held on the Premises,
and Applicant or any person in Applicant's employ shall not collect or interfere with the
collection or custody of such articles.
(d) acknowledges that the County reserves the right to eject any persons reasonably deemed
violent or otherwise dangerous to health, safety and welfare.
(e) acknowledges that the County may immediately terminate the Event if the National Weather
Service issues a severe weather warning, or imminent severe weather conditions develop in
the area indicating a risk to public safety, or a state of emergency has been declared.
Applicant hereby waives any rights and all claims for damages against the County that may
result from the exercise of the rights reserved herein.
(f) represents and warrants to the County that Applicant's employees, invitees, licensees,
contractors, assignees, contestants, exhibitors and performers by their speech, song, music,
conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule,
regulation or order of any federal, state, municipal or other governmental authority.
11. The County and its officers, agents and employees engaged in the operation and maintenance of
the Premises reserve the right to enter upon and to have free access to the Premises at any and all
times, which reservation is hereby acknowledged and agreed to by Applicant.
12. Applicant releases and forfeits any right of action against the County or its members, officials,
employees and agents from any liabilities, claims for damages, losses, and costs which arise out
of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends
and saves the County and County's members, officials, officers, employees and agents harmless
(1) against all liability, claims for damages, and suits for or by reason of any injury to any person,
including death, and damage to any property for every cause in any way connected with the Event
irrespective of negligence, actual or claimed, upon the part of the County, its agents and
employees, except where caused by the willful and wanton acts of County officials, officers,
Fairgrounds icense Agreement Page S of II
Initials
employees and agents, and (2) from all expenses incurred by the County for police protection, fire
protection and emergency medical services, restoration and clean up, sanitation and maintenance
costs and expenses that are required to preserve public order and protect public health, welfare and
safety on the Premises of the Event.
13. At least 45 days prior to the License Duration, the Applicant shall, without limiting Applicant's
liability submit certificates of insurance naming "Indian River County, FL" as additional insured
and shall:
-Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less
than stated below:
Schedule
Limits
Commercial General Liability — No more restrictive than $1,000,000 Each Occurrence Combined
ISO Form CG0001 (including property damage, Single Limit
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).
In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is
specifically applicable to the automobiles):
Automobile Liability (all automobiles -owned, hired or $500,000 Combined Single Limit
non -owned)
In the event the Applicant hires employees for the Event or is otherwise required to carry workers'
compensation insurance, the Applicant will provide evidence of workers' compensation insurance or
exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida
Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the
Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers'
compensation coverage. Such evidence will include evidence of workers' compensation benefits and
employer's liability insurance for the following minimum limits of coverage:
Workers Compensation
Including coverage for any appropriate Federal Acts (e.g.
Longshore and Harbor Workers Compensation Act, 33
USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et
seq.) where activities include liability exposures for
events or occurrences covered by Federal statutes.
Fairgrounds icense Agreement
Initials
Florida Statutory Coverage
Page 6 of 11
Employer's Liability $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) $1,000,000 Each Occurrence/Claim
In the event that children will be supervised in connection with the Event and Risk Management
determines the coverage is necessary, pursuant to (k) below:
Sexual Molestation Liability
$1,000,000 Each Occurrence/Claim
In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise
allowed at the Event, the entity serving or selling the alcoholic beverages must have the following
coverage:
Liquor Liability 1$1,000,000 Combined Single Limit
(b) Participants — Except as set forth below, the Applicant shall assume all responsibility for
Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants
and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in
the types and amounts necessary to adequately protect the County and the County's members,
officials, officers, employees and agents.
(c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and
will not require contribution from any insurance or self-insurance maintained by the County.
(d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed
customary and the responsibility of the Applicant and any named insureds.
(e) Additional Insured — The Applicant's insurance, except workers' compensation and any
additional coverages where it is unavailable, will name the Board of County Commissioners of
Indian River County and County's members, officials, officers, employees and agents, as
additional insureds under all insurance coverages required for the Event.
(f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In
the event that coverage is only available on a claims made form, the Applicant shall agree to
maintain an extended reporting coverage for a minimum of two years past the expiration of the
annual policy term.
(g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be
covered by the insurance coverage(s) required under this section shall survive and not be
Fairgrounds License Agreement Page 7 of 11
Initials
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) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current
certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared
as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall
be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain
continuation of the required insurance throughout the Event, which includes load -in, setup, tear
down, and load -out.
(j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the
County's Risk Manager, demonstrating the maintenance of the required insurance including the
additional insured endorsement 45 days prior to the Event Date. Upon written request, the
Applicant shall make its insurance policies and endorsements available to the County's Risk
Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies
with this License Agreement's requirements, including, if any, additional insurance coverages
deemed necessary by the Risk Manager. No material alteration or cancellation, including
expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after
receipt of written notice by the County from the Applicant or the Applicant's insurance
company.
(k) Discretionary Authority — Depending upon the nature of any aspect of any event and its
accompanying exposures and liabilities, the County may, at its sole option, require additional
insurance coverages not listed above, in amounts responsive to those liabilities, which may or
may not require that the County also be named as an additional insured.
(1) Applicant is required to immediately notify the County of any incident, accident, occurrences
and/or claims made in connection with the Event.
14. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section
205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less
than 45 days prior to the Event to the County. At least 45 days prior to the Event, the Applicant
shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and
insurance certificate in accordance with Section B. 17 to the County.
15. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or
conditions, including the timely submittal of all documents set forth in Section B, of this License
Agreement, the County may terminate this License Agreement and decline to issue any and all
permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges
hereunder, whether accruing before or after such termination, shall be considered part of and
inclusive of the County's damages resulting from Applicant's default. Applicant's default
hereunder shall be considered a default of any and all agreements by and between Applicant and
the County, and any amounts due Applicant under its other agreements with the County may be
Fairgrounds License Agreement Page 8 of'] I
Initials
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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.
16. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the
Event, the County must receive written notice. Applicants may be entitled to a refund according
to the following schedule:
(a) Cancellation prior to 180 days from the first date of License Duration will receive a refund
equal to 85% of the Event Deposit collected under Section B.4.(a).
(b) Cancellation between 90-180 days of the first date of License Duration will receive a
refund equal to 50% of the Event Deposit collected under Section B.4.(a).
(c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event
Deposit collected under Section B.4.(a).
17. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250
administrative fee for each modification or addendum to the License Agreement.
18. In the event that the Premises or any part thereof, or adjacent premises required for access thereto,
should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent
the use of the Premises for the Event, then this License Agreement shall terminate. In such event,
the County shall be paid for all items of expense incurred by it under this License Agreement and
any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying
rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's
control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other
natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints
imposed by order of a governmental agency or court. Causes or events within Applicant's control,
and thus not falling within this Section 12, shall include, without limitation, Applicant's financial
inability to perform or comply with the terms and conditions hereof, economic hardship, a featured
act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of
Applicant's directors, officers, employees, contractors, or agents.
19. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and
Regulations which are attached hereto as Exhibit C and incorporated by reference.
20. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances
or other property of Applicant or Applicant's employees, invitees, licensees, contractors,
assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and
Applicant hereby expressly releases and discharges County from any and all liability for any such
loss and agrees to defend, indemnify and hold County harmless from all claims and actions for
damages as to such losses, including attorney's fees.
21. 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.
Fairgrounds License Agreement Page 9 of 11
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22. Unless excused by impracticability or impossibility of performance or other lawful contractual
defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall
appear at the published time or within one hour thereafter. Applicant shall not advertise or permit
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 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.
24. At least 45 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.
25. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses
for the services provided at the Event.
26. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day.
27. Any notice, request, instruction, demand, consent or other communication required or permitted
to be given under this License Agreement shall be in writing and shall be given in writing and
delivered by email or US Mail, Certified — Return Receipt Requested, to the following:
Scott Knauer
Indian River County
Parks and Recreation
5500 77h Street
Vero Beach, FL 32967
Email: sknauer@,irc o v.com
Applicant:
Chelsea Norris
9599 Gator Drive #5
Sebastian, FL 32958
Email: prosportf@gmail.com
Fairgrounds License Agreement Page 10 of 11
29. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as
to any pecuniary gain that Applicant may have intended to result from the Event.
29. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated
herein by this reference.
30. Services Provided by the County:
(a) County reserves the right to determine the adequacy of outside services procured by the
Application under Section B as a condition of the Permit.
IN WITNESS WHEREOF, the parties, by and through their authorized representatives'
signatures below, Flo hereby execute this Lwvnse Agement *,i*3 ZQ 1&wy v1
APPLICANT:
Fairgroun# License Agreement
Initials
INDIA V CO TY:
By
Scott Knauer, Fairgrounds Manager
Page 11 of 11