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HomeMy WebLinkAbout2022-FG41INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT Liceme Preparation Date: Nmember 13, 2022 Organization: Brick Rall% Florida Wdre«: 8241 1aguna ('ircle ('i1, Stale lip Code: Micro. F1.32976 Name or I%enl: Brick Ralli Florida Load -In Daie'l ime: July 27, 2023 12pm-6pm Fmil Hate: Juh 27, 2023 ('onlact Nante: ( olio Maldonado Phone: 772-453-4240 E -Mail: Colin 0 u 1cloud.com Expected .Ulentlance: 2500 Load -Out Date'l ince: .lid% 29, 2023 4pm-Bpm WITNESSETH: WHEREAS. Indian Ri%er County (the "County") is the owner of certain property known as the Indian Ri%cr Counh I airprounds. located in Indian River County, Florida, (the "Fairgrounds"), and WHEREAS. the County has the authority to issue and'or execute, and Brick Rallv_Florida , Colin Maldonado (the "Applicant') desires the issuance an&or execution of, a permit agreement for the utilisation of the Fairgrounds, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS. Npplicant warrants to the Count} that it is qualified and authorized to do business in the State of Florida and Indian River Countv, 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 205.04 (Sale and consumption of alcoholic bevera ges 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'9 THEREFORE, for and in consideration of the use of the Fairgrounds and other "aluable consideration. the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual co%enants herein contained, the parties, as indicated by their authorized representatives' signatures help%%. hcrebv agree to the terms and conditions set forth herein. A. PARK, PREMISES & EVENT SCHEDULE: Fdirgrr MA Ide me. tgreemenr Alp- J /niliuh�11\ 1. Ilan,, Indrta,r R►Ncr ('ourrt% 1 arra=rotor&, I wcn-ti Xeie°,mcnt i `f►:rllphcs ' it, ,111 c: cnb for lbc u'C of the I art wumb t ltc art��a�, ivi%onnd and fac►tttres of, the I arrvrroJrrdti 01101 1111)11z:arlt ►naN applt for a perrnrt. IICCIINC., or USC hCM)II er are viore part►culxl% dc"cnbed a. I I acrlrtro i',cc I xhrbrt A) a Acreage i, 0-> 2 darts 6-10 140 41 h {, 1;v x► Center 19 hours C Expo Open Air Pavillon d. Agricultural Pavilion e. Fntertainment Building f Cook Shed ss RV Ilook-up 1L Amenities Large Bleachers Small Bleachers Small Stage ri Stage Risers #_- "Trans -Stage i without canopy with canopy I OX20 Tent L fight 'Powers Picnic l ables Floses Sprinklers Serving Carts Tables (30"X96") w1cha►rs # 50 r; Chairs only Marquee;; weeks Internet Access Golf Carts Expo Pavilion Curtains [ire Extinguishers 4 Midway Electric (the " Premrsc • " o. ckh►ch Applicant acknowledges to be sufficient, as is, for its intended purpose and, or use contemplated hereunder. 111_ Personnel rxt Parks Division Staff 1-ctirgriurndc Licentr,tgreetnenr miri;;I� 3__' o page 2 n/ 12 0 IV Pcinmit" �. f•airttrounds lke PCttnll Alcohol Permit 2. Applicant maN use and have access to the Premises (or a period. commencing at 12pm, on the; 27th day of Jul- 2023, and ending at 8pm on the 29th daN of July 2023, ("l.iccn%e Duration" ). %khich I icenw Duration Ohall include F'kent het -up, removal and clean-up Wbere the Applicant requires usage after the stipulated tinic. Applicant is required to pav additional charges including, but not lnnited to standard hourly daily rates and any overage fees as set forth in the I-airgrounds Fee Schedule attached as Exhibit B ("Hee Schedule") 1;. 11 TNORt%ED USE. TFRMS & CONDITIONS: 1. The Premises are to be used by Applicant for the Brick Rally Florida the " I:ivent"). a sendor- based Lego shoNN oNn to the public with a hated admission,_ (a) rhe Event may include the billowing activities: 1_&&o t•onvcnti m with vendors selling and dis l •in , _ i r l,it cdl2roducts •n to I t p. ssi n JfX (b) The hours of the 1-%ent .hall to R 023-40 9 OZ3 — 0 m - (e) 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 he unreasonably %tiithheld, 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. IT 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 $4606.13 (including 6.5% sales tax), plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. A n• nimum of TWENTY-FIVE percent (254b) of the entire rental fee, S1151.53 ("Event Deposit") is due upon execution of this License Agreement. The balance of the rental fee set forth above and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due thirty (30) days prior to the Event. Any incidental charges or fees not included in this Agreement at the time of execution shall he due within five (5) business days of the conclusion of the Event as described in B.. Lb. (b) A Damage Deposit of5$_ 00.00 shall I-# submitted no later than 30 days prior to the F'Aent. 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 F,vent, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicants direction or Edirg ndv I.icen.-ve Agreement fare 3 of 1. Initie� '\ Z/ I". •'"uJ �u,mr.�.v.Yl .+�N.r•rl yrbnwlGnrl L�� ~Ilmual invitation 1 he County's use of the Damage Deposit or any other sum described herein of am other right the C'ountv ma} have at law or shall in no way constitute a waiver cquity l he Damage Deposit, to the extent unused, shall be returned to Applicant within thirty 13(f) business days following the Event. 3 Applicant shall be financially responsible for all charges I -or all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also he financially responsible for all charges I'm all materials, personnel, services and equipment that aro provided by tion" county agencies associated with this Event (i.e., stagehands, souriMight companies, ushers) 4. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.04) (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical iacilities, adequate securits and traffic control. Applicant shall he responsible for all cost associated with such facilities and services. 5. The Count) shall have the right, after coordination with the Applicant's authorised 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 unperrnitted 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 actio ities 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 1, icense 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 arc 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 he liable FairXrou % lireme:A reemeur Page J u/ 12 luiu,'ti'\ fro var = vYt ,rtn.� rel wery"JVifr l �A�3,rrpel �_..,t tt=: any damage or loss to such goods wares. merchandise or other property which ma% hr sustained either i,r reason of such remomal or of the and ;tllplacer�sueh `claimsh it ►► iur ldamag}e,, ie `of Applicant herebk expressls relea"c" founts Isom an, ,%hatsoe,er kind or nature and agrees to defend. mdcmmrt 4ti ��� incl ;.old tensuch goods, Applicant's expense as to fink claims for damages M third ,.arcs, merchandise and propertti, including costs and attorney's fees 10 Applicant shall (►i use an occupy the Premises in a aa)ccoand m ly with all manner. lcderal, state c►antibill local limned to prolx;rh cop ermg any an all power cords. C Pit sCs laws, :statutes. r►►les, regulations and ord►na s. o (ny art therse the eof, 10 lierenlises `OICIN for the purl I, used for any unl r„ ful pro% piled above. (iv) not per the Premises. or any pa purlxise or m any manner that may result in or cause harm and,itr damage to persons or prr,hertrn . or exhibit or allow to he Post (y1 not gxrst ed or exhibited signs. advcrtisemunts, show -hills. lithographs, posters or cards of am description inside or in front of, or on anv part of the Premises. except ,kith the prior written consent of County, which consent shall not be unreasonably ,y►thheld, conditional, or delayed; and (vi) deliver to the County the Premises ret 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, equipment, devices, processes. or dramatic rights used on or incorporated in the conduct of the 1,%ent. 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, hted mcludint attorney's fees, for or on account of any patented, trademarked or copyng or dramatic rights furnished or used by Applicant materials, equipment, devices, processes 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. (d1 acknowledges that the County reserves the right to eject any persons reasonably deemed y►olent or otherwise dangerous to health, safety and welfare. (c) acknowledges that the County may immediately terminate the I vent 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 l airgrou dt Lieeave.-IAn•cnknt Page 5 of 1= lniriaie1 declared \pt1hcant 11001% %%.uses an% rights and all claims IM d,un,rrtr', az:nn.l Ihc• Counts that mars rc.ult born file cxercIse of the right: rescr%cd herein (1) represents and warrants to the l'ounty that Applicant's cmplosco. in%rtce,, lrccnsecs. contractor',. assiiTnces. contestants, exhibitors and lvil'ormers h, their speech gong, riursre. conduct or manner %sill not violate or Incite other% to cwlate att statute, las%, ordinance, rule. regulation or order of any lcdetal,. slate, municipal of other go\ernincntal authorils I 1 1 he Count\ and its otlicers. agents and employees engaged in the operation and maintenance of the Premises resenc the right to enter upon and to have free access to the Premises at any and all times. which rescnation rs herchs acknowledged and agreed to by Applicant. 121 Applicant releases and tixfeits 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, inderrimlics, defends and sages 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 I?ycnt irrespectisc 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, olficers, 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 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 C6000 (including property damage, Single Limit personal injury, products ' comp. ups. agg., premises, operations, and blanket contractual liability, and host liquor liability) (T lie County and County's members, officials, officers, employees and agents, shall he named as additional insureds under all of the above Commercial General Liability coverage). Fiirgroenrh LiClIn.%e Agreearent Page 6 of /_' lnitial>�L��. In the event the use of motor vehicles is an integral part of the 1 vent (unless a separate ordinance v, specifically applicable to the automobiles): Automobile Liability (all automobiles -owned. hired or 5500.000 Combined Single Limit non -owned) In the event the Applicant hires employees for the F.vent or is otherwise required to carry \\orkers' compensation insurance, the Applicant will pro%ide evidence of workers compensation insurance or exemption as required by Flonda Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion to confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate %%orkers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and emplo%ers liability insurance for the follo\%uig minimum limits of coverage: Workers Compensation Florida Statutory Coverage Including co\ erage 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. 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 Occurrencc!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: Fairgrounds License Agreronenr Page 7 of 12 Inilialf��, liquor l.tahiGh— j SI.000,000 Combined Single I tmit tb) Participants 1•xccpt ac set turth below, the Applicant shall assume all responsibility sur Applicant's discretion in obtaining, if am. insurance from the I tent`s contributing participants and subcontractors (such as caterers, %endors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the Counts 's members, olticials, officers, employees and agents. (c) Primar and Non -Contributory - 1he Applicant's insurance will anpIv 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 Ix' deemed customary and the responsibility of the Applicant and any named insureds. te) Additional Insured The Applicant's insurance, except workers' compensation and anv 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 he 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 30 days prior to the Event Date. Upon written Fa,r gru 1% l.ecenve: agreement Page 8 of 1: lttitial 1 r�, a request. the Applicant shall make its Insurance prnccies 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 I_Icenw Agreement's requirements. including. if am, additional insurance coverages domed necessan by the Risk Manager No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be efiectRe until 30 days after receipt of vvntten notice by the County from the Applicant or the Applicant's insurance company. tk) Discretionan Authority Depending upon the nature of any aspect of any event and its accompaming 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. d) 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 30 days prior to the F.vent, 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, fres, 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 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 8.5% 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). Fnirgreytnel� l.iceme Agreenwnl Page a of I In -i -P,,' � A ■ tct Canccllation Icss than 90 dat s of the lint date of l rcense.: I )uratum %% ill forf`ert the: FN errt Deposit collected under Section B 4 tai 17. In addition to an% other charges set timh in the I cc Schedule, the• :Applicant shall part• a S'{n administrative kc tur each modification or addendum to the License Agreement 19 In the c ent that the Premise or any pan thereof. or adjacent premises required for access thereto. should he so damaced or destroved by lire or other cause, without the fault of Applicant as to prevent the use oftle Premises liar the Fvcnt, then this I teense Agreement shall terminate In such eycnt, the County %hall to pard for all items of expense incurred by it under this I icense Av,rccnent and an% rental accrued prior to such destruction or damages. but Applicant shall be relic%ed of pa%ing rent accruing thereafter. For purpose 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, nots 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 12,10hall 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 fairgrounds 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 an% such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attomey'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 wdl 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, 22. Unless excused by impracticability or impossibility of performance or other lawful contractual defense. any attraction. act, or person contracted to appear during the [:vent as an entenainer 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 [went until atter a contract for the performer's appearance has been executed and a copy thereof has been provided to the Countv: otherwise, the County may terminate this License Agreement and cancel the Event. Iairgrn nAe License .1greenunt Initial' 11 Page Ili e f 12 Ic► Cancel,-' - ,,cement shall be cflective unless.sve in waiver of any provision of this License Ab u waiver of any other Administrator. No such waiver shall be he lU 23. No exception or agreement signed by the Assistant County construed to consntu e writing g subsequent occasion or Agreement contains the entire agr the same provision on a subs quentAgreement. This License Ag uent written agreement executed by ended by a subsea provision of this sunless modified or aVemed by the laws of the State of Florida, and nt between the pa ,cement shall be g in a court of law in Indian River County. the patties. This License Ag venue for the resolution of disputes hereunder shall be Florida. ,oaf of application for a Applicant shall submit p }ire Prevention 24. At least 30 days pnor to the Event Date, App Indian NFPA 101 & 102 and � &Tent Sales inspect ion pennif cfrN�pAcl, ChapRr 25 County Special Even Bureau pursuant to Florida Fire Prevention C IRC Ordinance Section 208.11 • local, state and federal 25. All of the Applicant -'subcontractors shall have all of the necessary licenses for the services provided at the Event. ' s falling on a weekend or holiday shall be accelerated to the prior business day. 26. All deadline permitted Any notice, request, instruction, demand, consents o'other t° g and nshall beication givennov�ting and _7. A y Agreement shall to be given under this License Ab uested, to the following= delivered by email or US Mail, Certified Return Receipt Req Scott Knauer Indian River County Parks and Recreation 5500 77th Street Vero Beach, FL 32967 Email: n,,��cr,fr_ir 4in ci,m Applicant: Colin Maldonado 8241 Laguna Circle Micco, FL 32976 772453-4240 Email: colin_fl@icloud.com 28. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. Fnirgro � ense Agreement Page 11 of 12 lnitial� "�) l . i 29 'I he recitals and %%'III:Rt-:AS clauses are true, accurate and correct and are hereb% incorporated herein by this reference. ,0 Services ProN ided b% the Count (a) Count• reserves the right to determine the adequacy oi'outside scr%ices procured by the Application under Section R as a condition of the Peri -nit 31. Animals will not be permitted onto the Fairgrounds propert during an event unless theN are considered Ser%ice Animal. 'The Americans NNith I)IsahllnlesAct (ADA) 2010 Re ulauems define a service animal as "am dog that is indi\ itlually trained to do work or perform tasks for the benelit of an individual %srth a dtsabilit}- including a physical, sensory. psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition " CF R. § 35.10} and § 36.101 (2010) This paragraph does not apply to organizations hosting animal events (dog sho%\s horse shows). Indian River County Code of Ordinances also states " 1)op prr,Irihrte(L No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department (205.3 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents that occur during the event that involve non -service animals that were allowed on the property during their event. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this t-i""day of APPLICANT. By 1 (�ii✓t U Colin Maldonado ,s..- „u, 0aww PI goo +r` r w�try outilt - State of F-OrfCa yf `yd co"'SSW0Ma07)))9 Mr CpM.,,. Eronef war Ia 2025 I Fuirgrr, Nd% beenve Agreenwnt /nidal 10&%k INI)I N RlR .O 'Y: Scott Knauer, Fairgrounds Manager Page 1: ol 12 to .-r