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HomeMy WebLinkAbout2026-020INDIAN RIVER COUNTY 1G LICENSE AGREEMENT WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Intergenerational Recreation Center and Event Venuc, located in Indian River County, Florida, (the "iG Center"); and WHEREAS, the County has the authority to issue and/or execute, and Indian River County Sheriffs Office 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: iG License AlAcement Page I of 16 Initials License Tuesday, March 10, 2026 License Preparation Thursday, Januar 22 202G Y� Y Duration: Date: Organization: Indian River County Sheriffs Office Contact Name: Jennifer Gelesky Address: 4055 411' Avenue Phone: 772-978-6317 or 772-365-1118 ieeleskvAiresheriff ore City/State/zip code: Vero Beach, FL 32960 E -Mail: Name of Event: Biannual Awards Dinner Expected Attendance: 300 •(� Pry) Event Time: 5:30 PM — 7—ift-PNI Load -Out 3/10/2026 7:30PN — 8:30 PM Datefrime: Load -Li Datefi'ime: 3/10/2026 1:00 PM -5:00 PM Location/Room: Event Hall/Gymnasium WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Intergenerational Recreation Center and Event Venuc, located in Indian River County, Florida, (the "iG Center"); and WHEREAS, the County has the authority to issue and/or execute, and Indian River County Sheriffs Office 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: iG License AlAcement Page I of 16 Initials A. PARK, PREMISES & EVENT SCHEDULE: 1. 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 iG License ement Page 2 of 16 Initis FACILITY Homs / Days Total 150.00 x 7.5 = S 1,125.00 AMENITIES PER EVENT (F4aapmeut) QTY Tables 1 $ 9.00 1 xj 43 1=1 S 387.00 S tables are Included in the Standard & Nanprofht Rates for all rooms at no additional cost 30 round tables for seating and 18 6 -foot rectangular tables fa• food & drinks Chairs I $ 0.75 jxj 270 1 = I S 202. 30 chairs arc Included in the Standard & Nonprofit Rates for all roams at no adelitional cost Sound System, Mobile $ 125.00 x 1 —IS 125.00 1 Jda4 Podium $ - x 1 = I No fee, included in Resmafkm EVENT SETUP & BREAKDOWN FEE Guests Ueater than 150 1 $ 200.00 x 1 = S 200.00 Post Somp and Breakdown Fee does not Include decorallons. Applicant is responsible for items brought in to decorate roontlarea to include any 3rd party vendor items (e.g. lighting, sound, tents, etc), plates, cutlery, drinks, linans, slipcovers, balloons, etc. Tables must be cleared prior to Applicant departure. Any 3ttl party items left by Applicant's subcontracts or 3rd party vendors post the indicated loadout time ADDITIONAL ITEMS QTY Per Daly Stage Risers 6-8 each 4ftx8ft paneh $ 25,00 x 8 x l _ $ 200.00 FACILITY/ PROPERTY / AMENITIES /OTHER SUBTOTAL,- _ $ 2,239.50 0% TAX, _ Subtatal.-1=1 $ 3,239.50 _ _ RESERVATION AGREEMENT COST - _$2 23 .50 x REFUNDABLE Damage De t:_ S 500.00 GRAND TOTAL WAIVEDd=j S 2,739,50 iG License ement Page 2 of 16 Initis (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. III. Personnel ® iG Event Staff IV. Permits ❑ Alcohol Permit 2. Applicant may use and have access to the Premises for a period, commencing at 1:OOPM on the loth day of March and ending at 8:30PM on the 10th day of March, ("License Duration"), which License Duration shall include Event set-up, removal, and clean-up. B. AUTHORIZED USE, TERMS & CONDITIONS: 1. The Premises are to be used by Applicant for the Biannual Awards Dinner. (a) The Event may include the following activities: Catered dinner with banquet style seating and award recognition. (b) The hours of the Event shall be: 5:30PM to 7:30PM (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) The Reservation Fee of $2,739.50 will be waived in full, along with any additional charges that would otherwise be imposed at the request of the Applicant. As a result, the total reservation fee due is $0.00. (b) No Damage Deposit will be due prior to the event reservation. 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. 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). 5. 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 iGLIcensikeement Page 3 of 16 Init 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 through 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. 9. 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 through Thursdays from 10:00am-6:OOpm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from l0am-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. IG Licens ree►nent Page 4 of 16 Inrti (d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations should 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 standards. 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. 10. 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. 11. 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. 12. 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. 13. 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 fG Licens reement Page S of 16 Inti 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 people 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 person 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. L 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. 14. 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. 15. 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. iG Lice� Page 6 of 16 IIIN 16. 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 7 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 othcrwise 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: orkers' 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. Florida Statutory Coverage Employer's Liability $100,000 Each Accident i $500,000 Disease Policy Limit $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, Risk Management determines the coverage is necessary, pursuant to (k) below: iC License cement Page 7 of 16 Initis (Professional Liability (Errors and Omissions) 1$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 $1,000,000 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. iG Licens 1ment Page 8 of 16 /nftia[c J (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 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. 17. 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. 18. 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. ' (a) 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: iG LicenseUt AgKeement Page 9 of 16 Initial (b) 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). (c) 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). (d) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4(a). 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 Agreetnent, 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 reservation charges accrued prior to such destruction or damages, but the 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. iG License emeni Page 10 of 16 /niiia 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 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 reservation area(s). iG Licen reement Page 11 of 16 /nitia 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, Recreation and Conservation Department 1590 9" Street SW Vero Beach, FL 32962 Email:vg_ergarana,indianriver.gov Applicant: Indian River County Sheriff's Office Name: Jennifer Gelesky Address: 4055 41" Avenue, Vero Beach, FL 32960 Email: iaeleskyna iresheriff.ora 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. I 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 juthorized representatives' signatures below, do hereby execute this License Agreement on thin ay AhJ1 , month year. APPLICANT: Jen. ' er d sky INDIAN*IVE COUNT : By John A. Titkanich, Jr Page 12 of 16 Exhibit A- Intergenerational Center OUTDOOR WATER FEATURE Z � 135 13 GYMNASIUM 141 \1:31 <) \1 2 5 , MAIN owA OOR °�� '�2 ENTRANCE ER FEATURE �� 112-A , 112-B PREP. KITCHEN GUEST \ DROP-OFF MARKING AREA EAI � iC Licen greement Page 13 of 16 Initi Exhibit C Indian River County Parks, Recreation & Conservation Department iG Center General Rules & Regulations 1. Scheduling is conducted on a first-come, .first -serve basis for open dates. Reservation dates are only secured and guaranteed with a minimum 25% Deposit Fee and fully executed license agreement. Staff reserve 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 will be 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 Sheriff's Deputy(s) must have arresting authority in Indian River County. C. Indian River County in consultation with the Indian River County Sheriff's 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 from the Damage Deposit. iG Licen greement i Page 14 of 16 1 niti Exhibit C 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 of an 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 rbquest 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. The Applicant 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. iC License Bement Page 15 of 16 Initia Exhibit C ' 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. iGLWmgroomenl