HomeMy WebLinkAbout2023-IG29INDIAN RIVER COUNTY iG LICENSE AGREEMENT
License Preparation
3/14/2023
License Duration:
6/8/23, 6/15/23, 6/22/23, 6/29/23, 7/6/23,
Date:
7/13/23, 7/20/23 & 7/27/23
Organization:
City of Vero Beach Recreation
Contact Name:
Angie Holshouser
Address:
3705 161h St
Phone:
772-770-3775
aholshouserAcovb.ore or
City/State/Zip Code:
Vero Beach, FL 32960
E -Mail:
athomas6kovb.om
Name of Event:
Summer Camp
Expected
50
Attendance:
Event Time:
1:30pm-3:30pm
Load -Out
Loud -In Date/Time:
n/a
Date/Time:
n/a
WITNESSETH:
WHEREAS, Indian River County (the "County") is the owner of certain property known as the
Indian River County Intergenerational Recreation Center and Event Venue, located in Indian River County,
Florida, (the "iG Center"); and
WHEREAS, the County has the authority to issue and/or execute, and City of Vero Beach
Recreation (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization
of the iG Center, 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 iG Center 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 iG Center 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:
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A. PARK, PREMISES & EVENT SCHEDULE:
This Indian River County iG Center License Agreement ("License Agreement') applies to all
events for the use of the iG Center. The areas, personnel and facilities of the iG Center which
Applicant may apply for a permit, license, or use hereunder are more particularly described as
I. Facilities & II. Amenities (Reference Exhibit A & Exhibit B)
RENTAL AGREEMENT SUBTOTAL: $ 1500.00
6.5% TAX: $ Tax Exempt
RENTAL AGREEMENT COST: $ 1500.00
*REFUNDABLE DAMAGE DEPOSIT: $ 150.00
*Fully refundable following event with no additional charges or damage.
GRAND TOTAL: $1650.00
**25% DEPOSIT: $412.50
**Events booked less than 30 days in advance require payment in full at the time of Contract Signing.
(the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose
and/or use contemplated hereunder.
III. Personnel
"a iG Event Staff
IV. Permits
❑ Alcohol Permit
2. Applicant may use and have access to the Premises for a period, commencing on the dates defined
below, between the hours of 1:30pm and ending at 3:30pm, ("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, but not limited
to standard hourly/daily rates and any overage fees as set forth in the iG Fee Schedule attached as
Exhibit B ("Fee Schedule").
Dates included in License Agreement:
June 2023: 8, 15, 22 & 29
July 2023: 6, 13, 20 & 27
B. AUTHORIZED USE, TERMS & CONDITIONS:
The Premises are to be used by Applicant for the
City of Vero Beach Recreation (the "Event').
(a) The Event may include the following activities:
Basketball games
(b) The hours of the Event shall be:
1:30pm-3:30pm
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(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 $1650.00, 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 the entire rental
fee, $412.50 ("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 by
purchase order forty-five (45) 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) The purchase in the amount of $1237.50 shall serve as a placeholder for the dates specified
in this agreement and will only be charged if cash is not received the day of facility usage
as agreed upon in the amount of $154.69.
(c) A Damage Deposit of $150.00 is due thirty (30) days prior to the event rental. 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
iG Center that directly or indirectly result from the Event, whether caused by Applicant or
Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or
performers, or others on the Premises at Applicant's direction or invitation. The County's
use of the Damage Deposit or any other sum described herein shall in no way constitute a
waiver of any other right the County may have at law or equity. The Damage Deposit, to the
extent unused, shall be returned to Applicant within thirty (30) business days following the
Event.
3. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and
3 days prior to the Event. The County reserves the right to cap ticket sales depending on the
capacity of the Premises and the iG Center or because of law enforcement, sanitation, traffic
control or due to other public safety issues.
4. Applicant shall be financially responsible for all charges for all materials, personnel, services and
equipment that the county furnishes for the Event. Applicant shall also be financially responsible
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).
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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 iG Center 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 facilities, adequate security and traffic control.
Applicant shall be responsible for all costs associated with such facilities and services.
6. 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.
7. Applicant's failure to make any of the payments required hereunder in a timely manner shall
constitute a material breach and shall result in the immediate termination of 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.
8. Applicant (including all artists, performers, entertainers, sound technicians, employees, and
subcontractors of Applicant, 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 iG Center
are restricted to:
i. Sunday thru Thursdays from 10:00am-6:OOpm 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 location and arrangement of the stages and sounds systems shall be in accordance with
the Stage Configuration Map as detailed by Applicant and approved by the County. The
preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty
(30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than
fifteen (15) days prior to the Event.
(d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any
temporary stages. Such temporary stage installations shall be installed in such a manner so
as to minimize the noise impact on surrounding residential properties.
(e) Applicant shall obtain stage inspection, documentation and certification in accordance with
industry standard. Applicant shall provide copies of documentation reflecting certification
within 24 hours of Event. Applicant shall also allow the County to inspect the stage
construction. Such inspection shall occur no later than 24 hours prior to the Event. Any cost
associated by the County's inspection shall be at the sole cost of the County. The County
shall make inspector(s) available at a mutually agreeable time. Failure to timely inspect the
Stage by the County shall not preclude Applicant from proceeding with the Event.
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
activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages,
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seAgreement Page 4 of 21
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penalties and other legal and equitable remedies including, but not limited to full payment under
this License Agreement.
10. 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.
11. In the event that the Premises or any other portion of the iG Center 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 iG Center, 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.
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 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
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,
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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.
i. In the event any part of the iG Center is damaged or unsafe for use to due to a
hurricane, fire, water, or any other cause, or if any other casualty or unforeseen
occurrence shall render the fulfillment of the Agreement by the County impossible
for the event, the County shall refund all fees to the applicant.
(f) represents and warrants to the County that Applicant's employees, invitees, licensees,
contractors, assignees, contestants, exhibitors and performers by their speech, song, music,
conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule,
regulation or order of any federal, state, municipal or other governmental authority.
13. The County and its officers, agents and employees engaged in the operation and maintenance of
the Premises reserve the right to enter upon and to have free access to the Premises at any and all
times, which reservation is hereby acknowledged and agreed to by Applicant.
14. Applicant releases and forfeits any right of action against the County or its members, officials,
employees and agents from any liabilities, claims for damages, losses, and costs which arise out
of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends
and saves the County and County's members, officials, officers, employees and agents harmless
(1) against all liability, claims for damages, and suits for or by reason of any injury to any person,
including death, and damage to any property for every cause in any way connected 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,
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.
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
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Commercial General Liability — No more restrictive than
ISO Form CG0001 (including property damage,
personal injury, products / comp. ops. agg., premises,
operations, and blanket contractual liability, and host
liquor liability)
$1,000,000 Each Occurrence Combined
Single Limit
(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.
Employer's Liability
Florida Statutory Coverage
$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:
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r..._ .
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 $1,000,000 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
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.
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(j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the
County's Risk Manager, demonstrating the maintenance of the required insurance including the
additional insured endorsement 30 days prior to the Event Date. Upon written request, the
Applicant shall make its insurance policies and endorsements available to the County's Risk
Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies
with this License Agreement's requirements, including, if any, additional insurance coverages
deemed necessary by the Risk Manager. No material alteration or cancellation, including
expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after
receipt of written notice by the County from the Applicant or the Applicant's insurance
company.
(k) Discretionary Authority — Depending upon the nature of any aspect of any event and its
accompanying exposures and liabilities, the County may, at its sole option, require additional
insurance coverages not listed above, in amounts responsive to those liabilities, which may or
may not require that the County also be named as an additional insured.
(1) Applicant is required to immediately notify the County of any incident, accident, occurrences
and/or claims made in connection with the Event.
16. Applicants 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 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.
17. 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
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.
18. 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 BA(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 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).
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19. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250
administrative fee for each modification or addendum to the License Agreement.
20. In the event that the Premises or any part thereof, or adjacent premises required for access thereto,
should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent
the use 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.
(a) In the event any part of the iG Center is damaged or unsafe for use to due to a hurricane, fire,
water, or any other cause, or if any other casualty or unforeseen occurrence shall render the
fulfillment of the Agreement by the County impossible for the event, the County shall refund
all fees to the applicant.
21. Applicant acknowledges receipt of and agrees to comply with the iG's Rules and Regulations
which are attached hereto as Exhibit C and incorporated by reference.
22. 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.
23. County and Applicant retain all television, film, recording and licensing rights as to any Event that
takes place in or on the Premises, provided such is permitted within the Artist Contract. County
will coordinate such recordings with Applicant's marketing representative. In the event of artist
recording restrictions, Applicant shall request the right to allow the County to take generic
production and still photographs of the Event.
24. 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.
25. 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
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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.
26. 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.
27. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses
for the services provided at the Event.
28. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day.
29. Animals will not be permitted onto the iG Center property during an event unless they are
considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations
define a service animal as "any dog that is individually trained to do work or perform tasks for
the benefit of an individual with a disability, 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." C.F.R. § 35.104
and § 36.104 (2010). This paragraph does not apply to organizations hosting animal events (dog
shows/horse shows). Indian River County Code of Ordinances also states: "Dogs prohibited. 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.
30. The use of glitter and tape are strictly prohibited. Painter's tape may be used with approval from
iG Center Management. The Applicant must use their own equipment and supplies to decorate
the rental area(s).
31. 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 iG Center
Parks and Recreation Division
1590 9"' Street SW
Vero Beach, FL 32962
Email: jchandler@ircgov.com
Applicant: City of Vero Beach Recreation
Name: Angie Holshouser
Address: 3705 16' St, Vero Beach, FL 32960
Email: aholshouser@covb.org
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32. 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.
33. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated
herein by this reference.
34. 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
below4<o hereby execute this icense Agreement on this Aay of
I:A
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INDIAN RIVER COUNTY:
By f la —zl— /a . W f e
A 1—dLdjK / ( " p � VZ4 Z F &dLA;.f
(Beth Powell, Int 'm Genera ervices Director)
Page 12 of 21
Exhibit A- Intergenerational Center
OUTDOOR
WATER
FEATURE
OUTDOOR
WATER
FEATURE
C-1
GYMNASIUM
141
M
MAIN
ENTRANCE
11 2-A
112-B PREP.
KITCHEN
GUEST
DROP-OFF
PARKING 0
AREA -
iG License Agreement Page 13 of 21
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V\41y
Exhibit B
City of Vero Beach Recreation -Summer Camp
Date(s) of'Rental: June 2023: 8, 15, 22 & 29; July 2023: 6, 13, 20 & 27
Event Time: 1: 30pm-3: 30pm
Load In Date/Time: n/a
Load Out Date/Time: n/a
Estimated # of Participants: 50
FACILITY Hours / Days Total
Room 112 A
Room 112 B
Room 125
Room 131 A
Room 131 B
Room 131 C
Room 135
Room 110 (Prep Kitchen)
Lobby
Room 144 (Concessions)
$
56.25
x
= $ -
$
56.25
x
= $ -
$
33.75
x
= $ -
$
41.25
x
= $ -
$
41.25
x
= $ -
$
41.25
x
= $ -
$
41.25
x
= $ -
$
15.00
x
= $ -
$
56.25
x
= $ -
$
37.50
x
= $ -
Room 141 (Gymnasium) $ 93.75 x 16 = $ 1,500.00
Veranda $ 75.00 x = $ -
Courtyard $ 75.00 x = $ -
East Lawn $ 187.50 x = $ -
J. Wiggins Field (West Lawn) $ 150.00 x = $ -
AMENITIES PER EVENT (Equipment) QTY
Tables 8.00 x = $ -
5 tables are included in the Standard & Nonprofit Rates for all rooms at no additional cost
Chairs 0.50 x = $ -
30 chairs are included in the Standard & Nonprofit Rates for all rooms at no additional cost
iG Licens ree n
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dail
Y
dail
Y
Page 14 of'21
Gymansium Bleachers, Stationary, seating
300
$
- x
= No fee, included in rental
Gym Flooring
300.00
x
= $ - per event
Sm. Mobile Bleachers, (1st Day)
$
50.00
x
= $ -
Sm. Mobile Bleachers, Addl. Days
$
25.00
x
= $ -
Projector
150.00
x
= $ - daily
Projector Screen, Mobile
$
- x
= No fee, included in rental
Projector Screen, 131 C
$
- x
= No fee, included in rental
Projector, Inflatable Screen w/projector & 2 speakers
500.00
x
= $ - daily
Projector, Inflatable Screen Only
300.00
x
= $ - daily
Media Cart (50" TV & computer)
100.00
x
= $ - daily
50" TV
25.00
x
= $ - daily
DVD Player
15.00
x
= $ - daily
Bluetooth Sound System
75.00
x
= $ - daily
Sound System, Mobile
100.00
x
= $ - daily
Gymansium Sound System
325.00
x
= $ - daily
Gymansium Score Board
25.00
x
= $ - daily
Podium
$
- x
= No fee, included in rental
Serving Carts
20.00
x
= $ -
200 AMP Electrical Power, Per
$
Hour
75.00
x
= $ - hourly
Electrical Power tie-in and tie -out must
be performed by a licensed electrician. Electrician mustprovide proof of
licensure and insurance. Aquiring service and all costs
for electrician
shall be borne by the Applicant.
iG License Agree en Page 15 of 21
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ALCOHOL PERMIT FEE
Daily Alcohol Permit 400.00 x = $ - daily
A minimum of one (1) Indian River County Sheriff's Deputy is required to be on site during alcohol service and remain
until the end of the Applicant's load out time from the Indian River County Intergenerational Recreation Center &
Event Venue as deemed in License Agreement. All security costs shall be borne by the Applicant. Indian River County
Sheriff's Office may deem it necessary to increase the minimum number of Indian River County Deputies on site at its
sole discretion. Alcohol may only be served by a properly licensed alcohol vendor or a caterer who holds an active and
valid 13CT Caterer's Alcoholic Beverage License.
CLEANING FEE
Event Cleaning Fee (During Event)
$ x
iG Event/Rental Usage
50.00
$ x
Gymansium Restrooms
100.00
$ x
West Wing Restrooms
100.00
$ x
East Wing Restrooms
100.00
Facility Exclusion (per wing or gym)
250.00 x
Last -Minute Booking Fee, Booked Less 30 Days
50.00 x
IRC PARKS DEPT. ITEMS
Stage Risers, 6-8 each, 4ftx8ft panels 25.00 x
iG License Aee e
Initials
_ $ - daily
$ - per event
QTY Per Day
X = $ -
Page 16 of 21
FACILITY/ PROPERTY/ AMENITITIES / OTHER SUBTOTAL: = $ 1,500.00
Tax Exempt =
Subtotal: = $ 1,500.00
RENTAL AGREEMENT COST = $1,500.00
* REFUNDABLE Damage Deposit: = $ 150.00
*Fully refundable following event with no additional charges or damage.
GRAND TOTAL: = $ 1,650.00
** 25% DEPOSIT: _ $ 412.50
`Events booked less than 30 days in advance requires payment in full in the form of cash or credit card.
PAYMENTS
Method of Payment Date Notes Amount
Balance Due: May 9, 2023
* Damage deposit refundable with no additional charges and no damage.
** Required to Reserve Room /Area and due upon contract signing.
*** 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, but not limited to standard hourly/daily
rates and any overage fees as set forth in the iG Fee Schedule attached as Exhibit B ("Fee Schedule').
**** For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour.
iG Lice Ag em nt Page 17 of 21
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City of Vero Beach Recreation -Summer Camp
June 2023: 8, 15, 22 & 29; July 2023: 6, 13, 20 & 27
IG Prepay Reserve
004-223008
IG Room Rental
004034-347300
IG Gym Rental
004034-347301
IG Field Rental (Wiggins Field)
004034-347314
IG Outside Rental (East Lawn, Courtyard, Veranda)
004034-347302
IG Equipment Rental
004034-347303
IG Misc. Fees
004034-347311
IG Cleaning Charge
004034-347310
IG Alcohol % Share
004034-347309
IG Additional Staff
004038-369966
6.5% Sales Tax
004-208028
IG Damage Deposit
004-220038
IG Security Deposit
004-220039
Ove r/Short
004038-369918
IRC Staff Signature
iG License eem
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SUBTOTAL
Amount
$ 1,500.00
$ 150.00
$ 1,650.00
Cash $ -
Credit $ -
Checks $ -
GRAND TOTAL $ -
Date
Page 18 of 21
Exhibit C
Indian River County
Parks & Recreation Department
iG Center General Rules & Regulations
1. Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates are only be
secured and guaranteed with a minimum 25% Deposit Fee and fully executed license agreement. Staff
reserves the option to issue a placeholder agreement along with a minimum 25% Deposit Fee in lieu of
a fully executed license agreement which will secure the date pending a due diligence review.
Placeholder agreements shall automatically expire 90 days after the issued date and the reservation
forfeited unless the Applicant enters into a license agreement.
2. Permits for groups composed of minors will be issued only to adults who accept responsibility for
supervising them throughout the period of the permit.
3. Security Plan:
A. If applicable, events shall present a security plan to the Indian River County Sheriffs Office,
Division of Law Enforcement. Approval and sign off by the Division shall be a condition
precedent of the issuance of the Permit/license agreement.
B. Assigned Indian River County Sheriffs Deputy(s) must have arresting authority in Indian River
County.
C. Indian River County in consultation with the Indian River County Sheriffs Office will determine
the level of security of sworn law enforcement and emergency services personnel. Indian River
County will provide Applicants with the order forms for sworn Indian River County Sheriffs
Office and Indian River County Emergency Service Personnel.
D. Evidence of sworn law enforcement and emergency service personnel scheduling shall be provided
to Indian River County 45 days prior to the Event by means of a paid receipt from said Indian
River County Department and Division.
4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance
by the Indian River County Intergenerational Recreation Center & Event Venue Management Staff
along with a Special Event Permit generated by the Indian River County Fire Department. Indian River
County will provide Applicants with the order forms for Special Event Permit. Evidence of Special
Event Permit Inspection scheduling shall be provided to Indian River County forty-five (45) days prior
to the Event by means of a paid receipt from said Indian River County Department Fire Department.
5. Deposits:
A. All buildings and facilities shall be left in the same condition it was received in. An additional
cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the
facilities to their original condition.
i. Any and all decorations must be approved prior to installation and removed completely at the
conclusion of the event.
ii. The Indian River County Intergenerational Recreation Center & Event Venue Management
should be left in a broom swept condition and all garbage left in designated location. Client
must check in with a staff member prior to departure regarding state of room upon completion
of event.
iii. Any damage to walls, including debris, dirt, scuff marks, food, etc. shall require a cleaning
fee.
iv. Any cleaning fee will be deducted out of the Damage Deposit.
iG Licen g in Page 19 of 21
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B. A damage deposit depends on number of areas rented and can range from $150.00 to $1,000.00 and
is refundable. An inspection of the property is required for every event. Damage Deposit are
increased at the sole discretion of Indian River County dependent upon number of attendees and
events.
6. Any signage visible from the road in any county right of way requires a permit from the Indian River
County Code Enforcement Division prior to placement.
7. No animals are allowed unless assisting the handicapped.
8. Alcohol is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks &
Recreation Division.
9. Under no circumstances shall any person remove any equipment or other items from the premises.
10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced
in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter
hour.
11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the
responsibility of the Indian River County Intergenerational Recreation Center & Event Venue
Management Staff. Staff should be notified of any special needs of the Applicant.
12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to
persons or property resulting from their use of any facility.
13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each
member / guest attending event. Applicant conducts all events at their own risk. All attendees must
abide by Indian River County policies.
14. Insurance:
A. Insurance requirements shall be determined at the sole discretion of the Indian River County Risk
Manager.
B. Certificates of insurance designating "Indian River County, FL" as additional insured shall be
presented to Indian River County no less than forty-five (45) days prior to the event.
• If event is held at Indian River County Intergenerational Recreation Center & Event Venue
Management and less than 30 days to the start of event date, certificates must present at the time
of executing license agreement.
15. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health
Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and
Florida Department of Business and Professional Regulation.
16. The Event shall be used for no other purpose whatsoever as, unless prior written approval is requested
in writing by Applicant and given by Indian River County. Approval shall be subject to availability but
not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least
thirty (30) days prior to the beginning of the License Duration. Such change results in a modification
of the insurance requirements.
17. Marketing:
A. Publicity for an event shall NOT be distributed without an executed license agreement and a
minimum of a 25% reservation deposit.
B. All promotional pieces must be approved by an Indian River County, prior to distribution.
Applicants assumes all risk.
18. Indian River County Intergenerational Recreation Center & Event Venue Management Staff is not
responsible for deliveries for any event. Applicant must be present for deliveries and is responsible for
securing those deliveries, unless prior written approval is requested in writing by Applicant and given
by an Indian River County Intergenerational Recreation Center & Event Venue Management.
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19. All motorized vehicles are required to park in the designated Parking areas only, which include
the Main Parking or Joe Wiggins Field, if deemed necessary for your event. There will be no parking
of motorized vehicles in or around the facility without prior approval from the Indian River County
Intergenerational Recreation Center & Event Venue Management.
• Motorized vehicles are limited to ten (10) minutes in the Drop Off Area, unless prior approval
from the Indian River County Intergenerational Recreation Center & Event Venue Management.
iG LicnseXem Page 21 of 21
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